071205 Planning
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
.
4.1
Case 05-08
.
4.2
Case 05-09
4.3
Case 04-28
5. COMMITTEE REPORTS
Ja/
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue N'orth
Tuesday, July 12,2005
7:00 p.m.
Request for conditional use permit/planned unit development and
preliminary plat review, 2700, 2710, 2720, 2730, and 2740 Rosalyn
Court, Rosalyn Court Properties, LLClJohn Roder, Petitioner
Request for planned unit development, conditional use permit,
preliminary plat, site/building plan review, comprehensive sign plan,
and administrative permit for outdoor dining, 7500, 7516 and 7528
42nd Avenue North, Frey Development/Commercial Property
Development Corporation and City of New Hope, Petitioners
Request for approval of Comprehensive Plan Updates, City of New
Hope, Petitioner
5.1 Report of Design and Review Committee - next meeting July 14, 7:30 a.m.
5.2 Report of Codes and Standards Committee
6. OLD BUSINESS
6.1 Miscellaneous Issues
. PC05-07 - Northwest Gymnastic School site plan review, 3980 Quebec Avenue,
approved
. PC05-06 - NCRC final plat, 4301-17 Nevada Avenue, approved
7. NEW BUSINESS
7.1 Review/Approval of Planning Commission Minutes of June 7, 2005
8. ANNOUNCEMENTS
9. ADJOURNMENT
. Petitioners are required to be in attendance
I
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
Planning Commission will recommend Council approval or denial of a land use proposal based upon
the Planning Commission's determination of whether the proposed use is permitted under the Zoning
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
5. When recognized by the chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your questions/comments are for the record.
6. Direct your questions/comments to the chair. The chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearing, the Planning Commission will discuss the proposal and take
appropriate action.
A. If the Planning Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually
this meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
Rosalyn Court Properties, LLC / John Roder
2700,2710,2720,2730, and 2740 Rosalyn Court
Conditional use permit! planned unit development and preliminary plat
<
Planning Case:
Petitioner:
05-08
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 12, 2005
July 1, 2005
I. Request
The petitioner is requesting preliminary plat review and conditional use permit/planned unit
development to allow the conversion of 60 apartment units in five buildings into owner-occupied
condominiums, pursuant to Sections 4-34 and Chapter 13 of the New Hope Code of Ordinances.
II. Zoning Code References
Section 4-34
Chapter 13
III. Property Specifications
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Lot Area Ratios:
Planning District:
Planning Case Report
Planned Unit Development
Subdivision and Platting
R-4, High density residential
On the north side of Medicine Lake Road and Rosalyn Court
Terra Linda Park to the east, R-1 single family residential to the north, RB
residential business to the northwest, CB community business to the west,
and city of Golden Valley single family residential properties to the south
across Medicine Lake Road
190,148 square feet or 4.365 acres
Each building has three stories with approximately 3AOO square feet per
floor. The buildings total about 10,100 square feet each for a total of 50,500 in
five buildings.
Total land area is divided between the following uses: approximately 13%
city streets, 25% parking, walkways, and driveways, 45% green space, 17%
apartment buildings and garages.
No. 18; The Comprehensive Plan indicates that storm water drainage impacts
the high density land uses along Rosalyn Court and efforts to mitigate the
storm water problems need to be investigated.
Page 1
7/1/2005
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Specific Information:
The site was first developed in the early 1960s, when the existing apartment
buildings were constructed. The five buildings COJ:ltain a. total of 60
apartments, including one and two bedroom units. The applicant plans to sell
the apartments as condominiums, using a phased approach to divide and sell
each building. The initial phase will convert two buildings, 2700 and 2730
Rosalyn Court. Other buildings on site will be converted in later stages,
within the next 10 years. The plan to group lots together requires a PUD for
the crc (Common Interest Community). The PUD designation will also
provide flexibility to allow for the nonconforming setbacks that exist on the
property, and will require the existing overhead utilities to be buried.
The use of the site will not change, but the ownership. structure of the
residences will change from the existing apartment rental community to a
common-interest condominium community. In terms of the buildllgs'
condition, the property received a Certificate of Compliance in February
2005. '
The site is flat, surrounded by higher elevations to the north, west, and east
sides of the site. The site has a slight downward slope towards Medicine Lake
Road on the south side.
IV. Background
The petitioner is requesting preliminary plat review and planned unit development to allow the
conversion of 60 apartment units in five buildings into owner-occupied condominiums. The five lots
are arranged on a short street and cul-de-sac accessed via Medicine Lake Road. The lots have irregular
shapes, due to the cul-de-sac street layout. The petitioner will convert two buildings in an initial phase,
and other buildings in future phases. The site is currently zoned R-4, and the applicant is requesting a
PUD as required by the zoning code for a common interest community. The surrounding land uses
should have minimal conflict with the change because the practical usage of the site will not change. To
ensure sufficient capital funding, the apartment buildings will be folded into the property's
maintenance until sold off as condominiums. The New Hope City Council has supported
condominium conversion in the past, and the Design and Review committee felt that if the conditions
below are met, the project will be a welcome addition to the City. In particular, the committee felt a
need to be sure the project's ongoing maintenance funding draws from a large enough pool to sustain
the ongoing maintenance and improvement activities of the properties.
V. Petitioner's Comments
The petitioner feels the project will benefit the City in several ways. First, the applicant feels the
conversion "will have a long-term benefit of providing owner-occupied housing and responsible and
caring owners/residents with each owner having an ownership stake in the' property". In the
application materials, the applicant notes that conversion of apartments to owner-occupied
condominiums results in "fewer calls for professional police, fire, and related services" after
conversion. The applicant addresses the Council's support of condominium conversion in New Hope,
stating "the ease of transition to condominiums for the applicant may encourage other apartment
property owners to consider conversion".
Planning Case Report
Page 2
7/1/2005
VI. Notification
Property owners witl:rin 350 feet of the property were notified, including the city of Golden Valley, and
staff has received no comments.
VII. Development Analysis
A. Zoning Code Criteria
Administration - PUD. Planned Unit Development
The purpose of this section of the Zoning Code is to provide for the grouping of lots or buildings
for development as an integrated, coordinated unit as opposed to traditional parcel by parcel,
piecemeal, sporadic and unplanned approach to development.
This section is intended to introduce flexibility of site design and architecture for the conservation
of land and open space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further intended that
Planned Unit Developments are to be characterized by central management, integrated planning
and architecture, joint and common use and maintenance of parking, open space and other similar
facilities, and hannonious selection and efficient distribution of uses. The PUD process, by allowing
deviation from the strict provisions of this Code related to s,etbacks, heights, lot area, width and
depth, yards, etc., by either conditional use permit or rezoning to a PUD District, is intended to
encourage:
1) A development pattern in hannony with the objectives of the Comprehensive Plan. (PUD is not
intended as a means to vary applicable planning and zoning principles.)
2) Innovations in development to the end that the growing demands for all styles of economic
expansion may be met by greater variety in type, design, and siting of structures and by the
conservation and more efficient use of land in such developments.
3) The preservation and enhancement of desirable site characteristics such as existing vegetation,
natural topography and geologic features and the prevention of soil erosion.
4) A creative use of land and related physical development which allows a phased and orderly
transition of varying land uses in close proximity to each other.
5) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering
development costs and public investments.
6) Promotion of a desirable and creative environment that might be prevented through the strict
application on zoning and subdivision regulations of the city.
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Council deems necessary for the health, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
Planning Case Report
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interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per routine policy, the preliminary plat was submitted to city department heads, city attorney, city
engineer, planning consultant, utility companies and Hennepin County for review and comment.
Comments received include the following:
Utility Companies - no response.
City Engineer - see attached correspondence and comments dated June 16, 2005.
Hennepin County - please refer to city engineer's comments dated June 16, 2005.
City Attorney - see attached correspondence and comments dated June 30, 2005.
The City Code states that copies of the final plat shall be submitted to the Planning Commission for its
review and recommendation, unless this requirement is waived by the Planning Commission
during its review of the preliminary plat. The petitioner has not submitted correspondence
requesting a waiver of the review of the final plat by the Planning Commission. but the issue was
discussed and the Commission may want to discuss this further with the applicant. The Planning
Commission will need to make a determination as to whether it wants to review the final plat or not.
Due to the simple nature of the plat, staff is recommending that the Planning Commission waive the
review of this final plat.
B. Development Review Team
The Development Review team met June 15, 2005 was supportive of the condominium conversion.
Comments related to drainage and utility easements, a sidewalk easement on Medicine Lake Road,
burial of overhead utilities, parking, sales office location, fire code compliance, lighting, signage,
and management.
C. Design and Review Committee
The Design and Review Committee reviewed the plans on June 16, 2005. The committee discussed
the petitioner's plans and was receptive to the request and to the petitioner's plans. The committee
asked for additional information regarding management, capital improvement funding, and other
issues.
C. Plan Description
Following the Design and Review Committee meeting, the petitioner submitted additional narrative and
other materials to address the committee's concerns. This additional information supplements the original.
application materials.
1. Lot Layout and Platting
The overall use of the property will not change, and is consistent with the R-4 zoning of the site. The
areas surrounding the project are zoned CB and R-B to the west and R-1 to the north and northeast. The
City of Golden Valley is located across Medicine Lake Road to the south. Terra Linda Park borders the
site on the east side. The area is divided into five separate lots. Two lots share a driveway and parking
area. The lots are each of similar, irregular sizes with the exception of lot 3, which is larger than the
other lots because a swimming pool was formerly located on the site. This pool was demolished in the
Planning Case Report
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early 1990s. The lots front the public street Rosalyn Court, which terminates in a cul-de-sac and is
accessed via Medicine Lake Road.
2. Setbacks
The apartment buildings meet all required setbacks for the R-4 district. Currently, 5 of the 6 apartment
garages do not meet the minimum standards of the Ordinance with regard to setbacks. The setbacks
required by the Ordinance are as follows:
Setback description Required Existinl!: Setback
Side yard interior 5' 2.77' on larger garage
corner- 2740
Side yard abutting a 30' 15.82 feet on 2700,2740
collector or arterial street garages
All rear yards- Garage 10' 2700,2710,2720 garage
setbacks all under 10'
"
The applicant is not proposing to further encroach into the required setbacks and therefore these
legally nonconforming structures are allowed to continue to be utilized. If however any changes to the
exterior of the buildings are proposed, the applicant will be required to resubmit plans for review and
approval of the City.
3. Site Data
Exact land use calculations were not provided with application materials. Staff made approximate
measurements of the land uses from a survey of the site dated Jan 15, 1996, as follows:
Within the study area, impervious surfaces do not exceed the 80% maximum set forth in the City Code.
4. Unit Pricing and Budget
The condominium units will be priced based on the type and location of each unit, and the upgrades
made to the unit. For the initial 24 units converted, the prices range between $79,900 for a one bedroom
on the first floor to $98,900 for a third floor two bedroom unit. Association fees will range between
$157.90 for a one bedroom and $178.48 monthly for a two bedroom. To create a funding reserve, the
equivalent of two monthly assessments with be required upon sale closing. When all 60 units are
occupied, the operating income for the property will be $121,000 with a replacement reserve of $19,500.
This will cover administration, gas service, insurance, repairs, and other operations expenses. In the
first phase, the 24- units will provide over $48,000 annually to fund the association expenses, including
Zoning R-4 (High-density Residential)
Site Area 190,148 sq. feet (4.37 acres)
Square Feet Percentage
Buildings (dwellings and garages) -32,000 17%
Bituminous parking and drives -47,000 25%
Green -86,000 45%
City Streets -25,000 13%
Planning Case Report
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$7,800 in replacement reserves. An annual operating reserve of $4,700 will exist for 60 units, with an
annual operating reserve $1,800 for the first phase, including a start-up capital fund equivalent to two
monthly assessments.
5. Parking
Parking for vehicles on the site will be arranged through a shared use agreement, allowing guest and
resident parking in any parking lot within the development. This arrangement will allow for enough
parking spaces for the development to meet the City's requirement for 1.5 spaces per unit. For the
development's 60 units, the petitioner must provide 90 parking spaces. The applicant indicates there
are 60 garage stalls and 60 surface parking spots distributed across the five lots, for a total of 120
parking spaces. Guest parking and resident parking is not delineated in the submitted plans, but these
parking areas will be marked.
6. Access and Traffic Circulation
The property is accessed via the public street Rosalyn Court. This short street terminates in a cul-d,e-sac
on the property, with a center island. built in the middle. From this street, four driveways provide
access to garage and parking areas for the five buildings.
A five foot wide sidewalk runs along Medicine Lake Road, and concrete walks serve each building.
7. Refuse Enclosures
Waste management plans were not submitted with application materials. The survey does not show
dumpster enclosures on the property. The City of New Hope requires waste storage to be screened.
Presumably there are no changes to waste management practices on site. The petitioner is required to
provide adequate trash enclosures, or plans or narrative describing storage of refuse and refuse
containers within the apartment buildings or garage structures.
8. Landscaping
Landscape plans were not submitted. It is assumed that landscaping will not change from existing
conditions. Green space is mainly turf grass, with some trees and other landscape features on site.
9. Signage
The petitioner has taken steps to comply with sign codes for temporary signs. Many temporary signs
were placed on the property prior to its purchase by the petitioner. These signs have since been
removed. Permanent signs made of timber and brick are placed near the intersection of Rosalyn Court
and Medicine Lake Road. These signs will remain, and updated information will not change their size
or function. Sales signs will be placed on the property during selling phases, and the petitioner claims
to understand and will comply with the City's sign ordinance. The petitioner will be required to submit
a comprehensive sign plan.
10. Snow Storage
Snow storage is not detailed in plans. The city's zoning code allows snow storage in parking areas,
provided the required parking spaces are available year round. The property requires 90 total parking
spaces, and has 120. If guest and resident parking requirements are maintained, snow storage may
occur on excess parking spaces.
Planning Case Report
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7/1/2005
11. Lighting plan
Photomehic plans were not submitted with application materials. Building entries are lighted by
building-mounted lights above the entrances. Parking lots are illuminated by building-mounted
floodlights. The applicant encouraged individual owners to upgrade garage lighting, but for safety
purposes, the city will required additional lighting around the building and garages as a condition for
approval.
12. Fire considerations
West Metro Fire will require the petitioner to provide new lock boxes on the site. The fire department
shall review the proposed plans and commend on the need for upgrades to fire alarm panels,
emergency lighting, and other safety features.
13. Floor Plan
The petitioner will not substantially change the layout of the building. A floor plan must be submitted
as a condition of approval, to ensure the units meet minimum floor areas per unit. These requirements
are 600 square feet for a one bedroom Unit, and 750 square feet for a two bedroom unit.
14. Utilities and Drainage
Existing easements include 10 foot utility and drainage easements between lots 4 and 5, 2 and 3, and
along the eastern edge of the property, and well as the western site boundary of lots 3 and 4, and
through lot 5 east of the garage on the lot.
Additional easements will be required, as detailed by the city engineer's comments dated June 16, 2005.
The city requires overhead utilities be buried as a condition for approval, to comply with Section 4.37.7
of the Zoning Ordinance.
15. Property Management and Maintenance
The apartments are =rently managed under contract with Sabre Enterprises, Inc. The petitioner is
president of Sabre Enterprises, Inc. While the apartment buildings remain apartments, Sabre will
provide maintenance on the buildings. Per agreement with the Board of Directors of the condominium
association, Sabre will provide management of the condominium association as well. As the association
grows, the Board of Directors may wish to terminate services provided by Sabre, to be determined by
the Board. Until half the units are sold as condominiums, the present owner, Rosalyn Court Properties
LLC, is responsible to maintain the entire complex.
The CIC and related associations shall be large enough to accommodate the ongoing maintenance of
the building as well as provide for long term capital improvements for the building. The overall budget
is subject to the review and approval of the City.
E. Planning Considerations
The planner's comments have been incorporated into this report.
F. Building Considerations
The building official's comments have been incorporated into this report.
Planning Case Report
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G. Legal Considerations
Comments from the city attorney include:
We suggest that the following additional information be supplied by the applicant to further assure
the City that all applicable requirements of Chapter 515B have been met, including the
establishment of "adequate reserves" as required by Minnesota Statutes Section 515B.3-ll4:
1. A copy of the general form of purchase agreement intended to accompany the Notice of
Conversion.
2. A statement from the applicant's attorney certifying, in reasonably adequate detail, that the
various documents attached to the Notice of Conversion are in compliance with all applicable
terms of Minnesota Statutes Chapter 515B, including the requirement in Section 15BA-1ll that the
purchase agreement presented in connection with the Notice contains no "terms or provisions
which violate any state or federal law relating to discrimination in housing." This letter need not,
however, be a formal opinion of counsel akin to those presented in the context of commercial
lending.
3. A brief written assurance from the applicant (if not already received) specifying .that the Notice
will in each instance be delivered in a specially-marked envelope as required by the terms of
Minnesota Statutes Section 515BA-1ll(a)(4).
4. A commitment to enter into a Planned Unit Development Agreement so that the upcoming
anticipated site work is fully documented.
In addition, the petitioner shall be required to enter into a development agreement, as prepared by the
city attorney.
H. Engineering Considerations
City engineer comments include:
1. Utility and Drainage easements exist along certain common lot lines. The following additional
easements are recommended:
a. lO-foot Utility and Drainage easement centered on the common lot line between Lots 3
and 4. A Significant amount of drainage comes from the NW corner of the property. This
easement could protect that drainage way.
b. 10-foot Utility and Drainage easement centered on the common lot line between Lots 1
and 3.
2. Provide Utility easement across Lot 3 enabling access to the electric line to the light at the end of
the cul-de-sac.
3. Verify the existence of easement over the storm sewer along the west lot line of Lot 1. This
storm sewer was installed after the original plat.
Planning Case Report
Page 8
7/1/2005
4. Provide a 5-foot-wide Sidewalk easement along the south lot line of Lots 1 and 5. This would
allow the future relocation of the sidewalk if a turn lane was added into Rosalyn Court in the
future. The construction of a turn lane is not required at this time.
I. Police Considerations
The police department was involved in the review of these plans and its comments have been
incorporated into this report.
J. Fire Considerations
West Metro Fire was involved in the review of these plans and its comments have been
incorporated into this report.
VIII. Summary
Staff believes the overall project will enhance the City due to increased home ownership. Furthermore,
the project will serve as a test case for potential future condominium conversions in the City. The
fundamental use of the site is not changing, and is consistent with the City's comprehensive'plan.
Based on staff's review of the project, staff recommends approval of the preliminary plat and planned
unit development, subject to the conditions listed below.
IX. Recommendation
Staff recommends approval of the preliminary plat and planned unit development subject to the
following conditions:
1. Review and approval of plans by the city's building official.
2. Comply with city engineer's recommendations:
a. lO-foot Utility and Drainage easement centered on the common lot line between Lots 3 and
4. A Significant amount of drainage comes from the NW corner of the property. This
easement could protect that drainage way.
b. 10-foot utility and drainage easement centered on the common lot line between Lots 1 and 3.
c. Provide utility easement across lot 3 enabling access to the electric line to the light at the end
of the cul-de-sac.
d. Verify the existence of easement over the storm sewer along the west lot line of lot 1. This
storm sewer was installed after the original plat. .
e. Provide a 5-foot-wide sidewalk easement along the south lot line of Lots 1 and 5 to allow
future relocation of the sidewalk if necessary.
3. Comply with city attorney recommendations, per correspondence dated June 30, 2005 (attached).
4. Comply with planning consultant recommendations:
a. All utilities shall be installed underground to be in compliance with Section 1.37.7 of the
Zoning Ordinance.
b. The applicant shall be required to provide 1.5 parking spaces per unit.
c. The applicant shall provide an easement on the five parking lots and driveways to allow
residents of one building to park on any lots, regardless of building ownership status.
d. Management agreements shall be submitted and are subject to the review of the City
Planning Case Report
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7/1/2005
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.
e. The crc and related associations shall be large enough to accommodate the on-going
maintenance. of the building as well as provide for long-term capital improvements for the
building. The overall budget is subject to the review and approval of the City.
f. If only two (2) buildings are converted into condominiums, all buildings shall be required to
be part of the association.
g. The applicant shall illustrate how sales are to occur on site.
h. A comprehensive signage plan shall be required.
i. The applicant shall be required to provide lighting around all buildings and garages.
j. The applicant shall provide trash enclosures to screen trash cans and dumpsters on the
property, or evidence it will be otherwise handled in accordance with City Code.
5. Review and approval of plans by West Metro Fire, including:
a. The location of locked boxes, fire alarms, emergency lighting and related safety features.
b. The location of fire hydrants.
6. Submittal of final plat and PC to determine if review of final play to be waived.
7. Enter into development agreement with city, to be prepared by city attorney.
8. Additional comments from City Shiff, the Planning Commission or City Council.
Attachments:
Address/Zoning/Topo/ Aerial/Maps
Petitioner application narrative, June 10, 2005
Notice of conversion, May 31, 2005
Disclosure statement
Condominium Declaration
Condominium Association Bylaws
Articles of Incorporation
Rules and Regulations
Statute of Limitations
Follow-up Petitioner Narrative, June 23, 2005
Rosalyn Court Condo sales material including marketing floor plan
Sale price list, proposed
Condominium Association projected annual budget
City Attorney Correspondence, June 28, 2005
City Attorney Correspondence, June 29, 2005
Planning consultant memorandum, June 29, 2005
City engineer memorandum, June 16, 2005
Application log
Planning Case Report
Page 10
7/1/2005
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JUN I 0
Case No.
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JOHN P. RODER
Basic Fee
Deposit
Date Filed
Receipt No.
Received by
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Name of Applicant:
PID 20-118-21 330094 THROUGH20-1l8-2133 0098
Street Location of Properly:
2700 THROUGH 2740 ROSALYN COURT
Legal Description of Properly:
Lot 1, 2, 3, 4 and 5, Block 1, Rosalyn Court according to. the plat thereof, Hennepin County, MN.
OWNER OF RECORD:
Name:
ROSALYN COURT PROPERTIES, LLC
Address:
6700 RTTMROT ,DT AVE N. #104. BROOKLYN CENTER. MN 55430
Home Phone:
Work Phone:
76~-!'\1I1I_9601 Fax: 763-201-7969
Applicant's nature of Legal or Equitable Interest:
AI'Pl.lC'" NT IS ruTli'V MAN 4. (;li'n Oli' nOSA T.Vl'I ('OTTRT PROPERTIES, T ,T .r.
Type of Request: (pertaining to what section of City Code)
PLANNED UNIT DEVELOPMENT
Please outline Description of Request: (use additional pages if necessary)
SEE ATT4.(,'R1i'.nNARRA~
Why Should Request be Granted:
SEE ATTACHED NARRATIVE
(attach narrative to application form if necessary)
1-03
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Applicant acknowledges that before this request can be considered and/or approved, all fees, induding the
basic zoning fee and any zoning deposits (as outlined in the attached application materials) (llustbe paid to
the City and that, if additional fees are required to cover costs incurred by the City, the City Manacer has the
richt to recuire additional pavment.
The City hereby notifies the applicant that development review may not be completed within the required 60
days, due to public hearing requirements and agency review. Therefore, the City is notifying the applicant
that the City is taking an automatic 60-day extension for development review. Development review will
be completed within 120 days unless additional review extensions are approved by the applicant. The
Community Development Department will notify you of all meetings.
Signed:
j(4JAL'hJ Cd l</>.-r' ,ofl.,4'P&:1 'CS''' L. '- c..-
Fee Owner (print or type name)
"JIHI'J IIl?o.1u=L- I~
Applicant Other than Owner (print or type)
"
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, FOR CITY USE ONLY
Evidence of Ownership Submitted:
Certified Lot Survey:
Yes
No
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No
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, No
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Legal Ad Required: "
Date of Design &R:~;;;ie;,j.iMe~ti;;~:' '",'
Date of Planning Cb'mh1l~sjor; Meeting:'" ,,', "
Yes
No
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By Planning Corr\rtii~si()r;b'n~: '~, '" c", ")? "'.
Approved: _ Denied:. ' ,'" ::" ~:~
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Approved:
Denied:
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By City Council on:
Subject to the following conditions:
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Description of Request:
Rosalyn Court Properties, LLC (the "Owner") owns and operates the subject property as
an apartment complex. The complex is comprised of five 2 1/2 story garden-style
apartment buildings along with banks of garages, on-site parking and green areas situated
around the Rosalyn Court cul-de-sac. The location is northeast of the Medicine Lake
Road and Winnetka Avenue intersection, directly behind the BP station at that
intersection. .
As an accommodation to the City, John P. Roder (the "Applicant"), acting as chief
manager for the Owner, hereby submits the application for a conditional-use Planned
Unit Development proposing that the subject property be converted to condominium
ownership of individual housing units rather than the present ownership as apartment
buildings. No changes are proposed to any building structure, parking area or green
space. The basic function of the property in providing housing will remain unchanged.
The changeover is anticipated to take approximately two years to complete. During this
period, the buildings will undergo the conversion process in phases (with each phase
consisting of one or more than one building). Arrangements with the Owner's mortgage
company require that eight of twelve units in a building be pre-sold prior to the closing
on the sale of any unit In that building. Additionally, the phasing acts as a safety measure
for all parties since the future economy and demand for condominium units or apartments
may vary, thus affecting the marketability of condominium units. Converting in this
manner gives some assurance of the ability of the project to be successful regardless of
whether or not all the buildings are converted to individual ownership units.
Nevertheless, it is the Owner's intention to convert each building as quickly as possible.
The conversion will undoubtedly be beneficial to the City of New Hope and its residents.
The Owner is in the process of completing upgrades to the buildings and the grounds.
Improvements include repair and replacement of parking areas; tuck pointing of brick
veneer on garages, repairs to interior garage walls and repainting of common area
hallways, all as needed. As units become available in a phase, unsold units, in
coordination with existing leasing and occupancy status will be improved. Unit
improvements are offered to appeal to present residents as well as new residents. All of
the unit improvements will be cosmetic in nature and include replacement of appliances,
all cabinets, all flooring and all tiled areas in the bathrooms. Needed repairs to the units
will also take place during these renovations. Providing quality housing at an affordable
price are the goals of the Applicant.
In meeting these goals, the Applicant anticipates that the buyers of units will generally be
first-time homeowners, and mostly single young professionals. Pricing of units will
appeal to these types of owners and will range from approximately $79,000 to $117,000,
depending on upgrades selected, if any. Present rental Qccupants will be given the option
to purchase their units, as provided by Minnesota Statutes Chapter 5l5p, known as the
Minnesota Common Interest Ownership Act (the "Act") and are given maximum
'1
flexibility for their own needs. Present rental occupants have the option of purchasing
their unit as-is, purchasing a renovated unit as it becomes available (depending upon
availability), moving to another rental community with some moving assistance and
incentives granted by the Owner or moving on their own. The Owner will honor all leases
in effect through their current term, giving, at a minimum, a four-month notice to present
residents so they will have ample time to decide how best to handle their transition. The
Applicant is encouraging present rental occupants to purchase their units if they desire
and is working with those occupants to help them obtain any financing they may need.
The Applicant anticipates having a model unit open very soon for the purposes of
beginning the pre-sale process. Units will be available for sale through The Realty House,
a" professional real estate brokerage in Edina, Minnesota on behalf of the Applicant. As
part of the sale proce~s, existing signs will be modified reflecting the change to
condominiums and temporary signs of a size of 4' X 6' or smaller will be installed
indicating condominium availability, in keeping with existing sign ordinances.
Leading up to this conversion application, the Applicant has been cognizant of needing to
meet not only legal requirements for the conversion but also to meet the ongoing needs of
the condominium association (the "Association") that will be created to operate as
condominiums. The Applicant will, as provided by law, establish the Association's first
Board ofDrrectors (the "Board") and will establish a sound financial plan, not only for its
own ownership but also for the Association over time. The Applicant has a 12-year
history of operating multi-housing complexes and is very much familiar with all aspects
of running a successful complex, including establishing a sound financial plan for long-
term operation.
The professional team organized by the Applicant includes persons and firms
experienced in condominium conversions. Fredrick Krietzman, Attorney, at Felhaber,
Larson, Fenlon & Vogt, PA will provide specialized legal services relating to the
conversion; James Lee of Lee & Berner, Ltd., Certified Public Accountants, will provide
financial counseling and tax services; Thomas Obermeyer, a licensed architect, will
provide architectural services in conjunction with survey services being provided by
Advance Surveyors. Additionally, the Applicant is considering options for professional
property management services and will also have the obligation to fill positions on the
Board until such time as individual unit owners are elected to the BOllfd in accordance
with the Association's governing documents and the applicable law.
To provide assurance of the financial health of the Association on an ongoing basis, as
each unit becomes sold; an amount equal to two monthly installments of the proposed
annual assessment (commonly known as "dues") is placed in a reserve to establish a
working capital fund. In addition, the Association's budget will include a capital
improvement fund to not only address the need for long-term financial stability of the
Association but also to allow the Association to adequately maintain and improve the
common areas and grounds.
Please refer to the attached Disclosure Statement (the "Statement"), which will be
provided to the proposed buyer of each unit, as required by the Act. The governing
documents of the Association, which are Exhibits to the Statement, establish and provide
the Association's obligation to maintain the Board and to repair and maintain the exterior
of the buildings and the grounds all of which are "common elements" of the
condominium. The Applicant will, according to the Act, pay for all expenses of the
Association until the Board levies the first annual assessment against the units. The
annual assessment will allow the Association to meet its annual budget, which will allow
the Association to meet its obligations under the governing documents and the Act.
Why the Request in the Application should be granted:
1. The request is in the best interest of the residents of the City.
2. The fundamental use of the property is not changing.
3. The conversion will have a long-term benefit of providing owner-occupied housing
and responsible and caring owners/residents with each owner baving an ownership stake
in the property.
4. The overall property value as individual units is higher than it is as apartlIlent units and
will add to the property value of the City overall.
5. The Applicant has demonstrated its intention to comply with the legal requirements as
they pertain to the conversion.
6. The Applicant has established a viable conversion plan to provide assurance the
conversion process can occur smoothly and without placing undue stress on the
Association to be established.
7. The Applicant has taken steps to be considerate of the needs of present residents to
allow them to transition to other housing with minimal disruption and with the possibility
to improve their own living situation.
8. Properties converted from apartments to condominiums generally have demonstrated a
positive development in an area. This is reflected in the fact that converted buildings
typically have fewer calls for professional police, fire and related services after
conversion.
9. Conversion establishes the willingness on the part of the City to change with the
changing needs of society. It further demonstrates the desire of the City to meet
affordable housing needs of the community while simultaneously improving the housing
stock.
10. The ease of transition to condominiums for the Applicant may encourage other
apartment property owners to consider conversion.
RESIDENTS OF
27XX ROSALYN COURT BUILDING
ROSALYN COURTS APARTMENTS
NEW HOPE, MINNESOTA
NOTICE OF CONVERSION
MAY 31,2005
Section 515BA-Ill of Minnesota Statutes Chapter 515B, known as the Minnesota Connnon
Interest Ownership Act (the "Act"), requires that this Notice be given to the current occupants of
residential rental units that are being converted to a connnon interest connnunity in Minnesota.
In accordance with the requirements of the Act, you are hereby notified that the r\'l1ltal unit (the
"Unit") that you occupy in Rosalyn Court Apartments located at 27xx Rosalyn Court, New
Hope, Minnesota (''Rosalyn Court Apartments"), is intended to be converted to a unit that is to
be part of the connnon interest connnunity (in this case, a condominium) to be known as
Rosalyn Court Condominiums (the "Condominium"). The owner of Rosalyn Court Apartments
and the proposed declarant of the Condominium is Rosalyn Courts Properties, LLC (the
"Declarant"). This notice of conversion applies only to the 27xx Rosalyn Court building and
does not apply to the remaining Rosalyn Court Apartment buildings.
PURCHASE AGREEMENT
As required by the Act, enclosed with this Notice is a Purchase Agreement for the Unit, along
with a Connnon Interest Connnunity Addendum, Financing Addendum (Conventional or
Privately Insured Conventional Mortgage), Arbitration Disclosure and Residential Real Property
Arbitration Agreement, Addendum to Purchase Agreement (Disclosure of Information on Lead-
Based Paint and Lead-Based Paint Hazards), and Seller's Disclosure Election (all of those
documents are collectively referred to in this Notice as the "Agreement").
OPTION TO PURCHASE
For sixty days after this Notice is mailed or delivered to the Unit, the holder of a lessee's interest
in the Unit on the date this Notice is mailed or delivered to the Unit shall have an option to
purchase the Unit on the terms set forth in the Agreement (by sigEing the Agreement and
delivering it and the required earnest money to the Declarant or the Declarant's agent). If the
holder of the lessee's interest in the Unit fails to purchase the Unit during the sixty day period,
the Declarant may not offer to dispose of an interest in the Unit during the following one
hundred eighty days at a price or on terms more favorable to the offeree than the price or terms
offered to the holder of the lessee's interest in the Unit.
CONDmONS OF NOTICE
The following disclosures are made to you pursuant to the requirements of the Act:
A Unless prior arrangements have been made between you and the Declarant or the
Owner (as applicable), you will not be required to vacate the Unit within one
hundred twenty days following the mailing or delivery of this Notice to the Unit,
except by reason of (i) nonpayment of rent, utilities, or other monetary
obligations, (ii) violations of law or the lea,se, (iii) waste, or (iv) conduct that
disturbs other occupants' peaceful enjoyment of Rosalyn Court Apartments.
B. You are entitled to an additional sixty days before being required to vacate the
Unit if you, or any person residing with you in the Unit, is:
(1) Sbcty-two years of age or older; or
(2) A person with a disability as defmed in Minnesota Statutes Section
268A.01; or
(3) A minor child on the date that this Notice is mailed or delivered to the
Unit.
To demand the additional sixty-day notice period, you or any other
occupant of the Unit must send the written demand to the Declarant to the
address printed in the last section of this Notice. The written demand
must contain reasonable proof of anyone of the qualifications referred to
in items (I), (2), or (3), above, and must be mailed or delivered to the
Declarant within thirty days after this Notice is mailed or delivered to the
Unit.
C. The terms of your tenancy (your lease) at Rosalyn Courts may not be altered
during the one hundred twenty-day or one hundred eighty-day notice period
(whichever is applicable), except that you, the holder of the lessee's interest in the
Unit, or any other person in possession of the Unit may vacate the Unit and
terminate the tenancy (lease) upon one month's prior written notice to the
Declarant.
D. The Declarant may not terminate your lease in violation of its terms.
E. You and the Declarant have the right to agree (i) that your tenancy (lease) may be
on a month-to-month basis beyond the one hundred twenty day or one hundred
eighty day notice period (whichever is applicable), or (ii) to an earlier termination
of the tenancy (lease).
F. No repair work or remodeling may be commenced or underta1cen in the Unit or on
the common areas of Rosalyn Courts during the one hundred twenty day or one
hundred eighty day notice period (whichever is applicable), unless reasonable
precautions are taken to ensure the safety and security of you and the other
occupants of the Unit.
G. Failure to give this Notice as required by Section 515BA-l11 of the Act is a
defense to an action for possession of the Unit, until a notice complying with
Section 515BA-ll1 of the Act is given and the applicable notice period
terminates.
OCCUPANCY RESTRICTIONS
The governing documents for the Condominium will place certain restrictions on the use and
occupancy of the units to be made part of the Condominium. Most of those restrictions will
appear in the Declaration of the Condominium (the "Declaration") which wiil eventually be
recorded against the title to each of those units. The significant restrictions imposed on the use
and occupancy of those units are as follows:
A The units shall be used only for residential purposes.
B. Breeding or keeping animals of any kind on the premises for commercial
purposes is prohibited. Only a certain number of small domestic animals may be
kept in the unit, subject to rules and regulations restricting, prohibiting, or
regulating the keeping of such animals in a unit.
C. Units may be rented or leased by owners, subject to certain restrictions and
provisions of the Declaration, and of the Bylaws and Articles of Incorporation of
the homeowners association that will be created to govern the Condominium.
D. The units may not be used so as to violate any municipal codes or ordinances, or
state or federal laws, or any other restrictions, rules, or regulations imposed by
any governmental authority governing the units or any facilities serving the units
such as sewers and other utilities; and
E. No unit may be converted to a "time share" type of ownership.
NOTICESIDEMANDS
All written notices or demands to be given by you to the Declarant pursuant to this Notice must
be mailed or hand-delivered to:
Rosalyn Court Properties, LLC
6700 Humboldt Avenue North, Suite 104
Brooklyn Park, Minnesota 55430
If you have questions about this Notice, please contact Ed Carlson at (612) 747-2830. Thankyou.
Ed Carlson
Property Manager, Rosalyn Court Properties, LLC
DRAFT
5111/115
DISCLOSURE STATEMENT
ROSALYN COURT CONDOMINIUM
TABLE OF CONTENTS
DISCLOSURE INFORMATION
Introduction/Cancellation Rights .......... ........ ........ ........ ........... .................... .......... ............ 1
1. Name and Number ofConunon Interest Community ........................................................ 2
2. The Declarant's Name and Address................................................................................... 2
3. Number ofUnits/Type of Common Interest Community .................................................. 2
4. Description of the Planned Community ............................................................................. 2
5. Future Expansion................................................................................................................ 3
6. Organization and Operation of the Association ................................................................. 3
7. Commencement and Completion Schedule ....................................................................... 4
8. Conversion Information ..................................................................................................... 4
9. Items Not Reflected in Budget........................................................................................... 4
10. Initial or Special Fees Due to the Declarant or Association .............................................. 5
11. Description of Liens, Defects and Encumbrances ............................................................. 5
12. Financing Offered or Arranged.......................................................................................... 5
13. Final Project Approvals...................................................................................................... 5
14. Limited WarrantiesIDisclaimers ........................................................................................ 6
15. Warranties Provided by the Ordinances............................................................................. 7
16. Judgments/Pending Lawsuits ............................................................................................. 7
17. Earnest Money Escrow ...................................................................................................... 7
18. Insurance Coverage............................................................................................................ 8
19. Fees for Use of Common Elements.................................................................................... 8
20. Financial Arrangements for Completion of Improvements ............................................... 8
21. Real Estate Taxes ............................................................................................................... 9
22. Substantial Completion of the Unit.................................................................................... 9
23. Copies of Documents/Agreements.......,............................................................ ................. 9
24. Balance Sheet and Projected Budget.................................................................................. 9
25. Management Agreement .................................................................................................... 9
26. Professional Opinion............................................................. ................................ ............. 9
27. Statement as to Expected Useful Life ................................................................................ 9
28. Statement as to Outstanding Notices................................................................................. 10
EXHIBITS
A Dedaration of Rosalyn Court Condominium (exclusive ofCIC Plat)
B Bylaws of Rosalyn Court Condominium Association (the "Association")
C Articles of Incorporation of the Association
D Rules and Regulations of the Association
E Warranties
F Agreement Reducing the Statute of Limitations
:M:PLS-Word89967.2
G Proj ected annual budget of the Association
H Balance sheet of the Association (prepared quarterly)
I Status of Real Estate Taxes
J Professional Opinion
K Declaration of Easements and Covenants (Driveway)
L Easement for Construction and Maintenance of Sanitary Sewer (Hennepin County
Registrar of Titles Document No. 547763)
M Easement for Construction and Maintenance for Public Improvement (Hennepin County
Registrar of Titles Document No. 555203)
N Easement for Utilities and Drainage (Hennepin County Registrar of Titles Document No.
527873)
o Easement for Sanitary Sewer (in favor of the city of New Hope, Minnesota) (Hennepin
County Registrar of Titles Document Nos. 547763 and 55203)
P Easement for Sanitary Sewer, Storm Sewer, Utility and Drainage (in favor of the city of
New Hope, Minnesota) (Hennepin County Registrar of Titles Document No. 733874)
Q Easement for Highway (in favor of Hennepin, Minnesota) (Hennepin County Registrar of
Titles Document No. 907802) _
R Easement for Street and Utility (in favor of the city of New Hope, Minnesota) (Hennepin
County Registrar of Titles Document No. 2176226)
S Easement for Drainage and Utility (in favor of the city of New Hope, Minnesota)
(Hennepin County Registrar of Titles Document Nos. 3360411 and 3360412)
NOTE: All unrecorded documents are in proposed form.
-2-
MPLS-Word 89967.2
DISCLOSURE STATEMENT
ROSALYN COURT CONDOMINIUM
INTRODUCTION
MINNESOTA STATUTES CHAPTER515B, KNOWN AS THE MINNESOTA COMMON
INTEREST OWNERSHIP ACT (THE "ACT"), REQUIRES THAT CERTAIN DISCLOSURE
INFORMATION BE FURNISHED BY THE DEVELOPER (THE "DECLARANT") TO PURCHASERS OF
UNITS IN A "COMMON INTEREST COMMUNITY" LOCATED IN THE STATE OF MINNESOTA.
THIS DISCWSURE STATEMENT CONTAINS A VARIETY OF INFORMATION RELATING TO THE
REAL ESTATE ON WHICH ROSALYN COURT CONDOMlNIUM IS LOCATED, THE OPERATION OF
ROSALYN COURT CONDOMlNIUM, AND THE DOCUMENTS GOVERNING ROSALYN COURT
CONDOMINIUM. THIS INFORMATION WILL HELP YOU UNDERSTAND YOUR RIGIlTS IN
CONNECTION WITH YOUR PURCHASE OF A UNIT IN ROSALYN COURT CONDOMINIUM.
PLEASE REVIEW THIS INFORMATION CAREFULLY.
THIS DlSCWSURE STATEMENT IS FuRNISHED PURSUANT TO THE REQUIREMENTS OF
SECTION 51SB.4-102 OF THE ACT. THIS DISCLOSURE STATEMENT SHOULD NOT BE
CONSTRUED AS LEGAL OR TAX ADVICE. PROSPECTIVE PURCHASERS SHOULD CONSULT
THEIR OWN LEGAL COUNSEL AND TAX COUNSEL CONCERNING THE LEGAL AND TAX
IMPLICATIONS OF THE PURCHASE OF A UNIT IN ROSALYN COURT CONDOMINIUM.
THE REPRESENTATIONS AND STATEMENTS MADE IN TIDS DISCLOSURE STATEMENT
ARE CURRENT AS OF TIlE DATE OF DELIVERY OF 11I1s DISCLOSURE STATEMENT BY THE
DECLARANT OR ITS AUTHORIZED REPRESENTATIVE TO THE PROSPECTIVE PURCHASER OF
THE UNIT. THE REPRESENTATIONS ARE MADE TO THAT PURCHASER ONLY.
REPRODUCTION OR DISTRIBUTION OF THIS DISCWSURE STATEMENT BY PERSONS OTHER
THAN DECLARANT OR ITS AUTHORIZED REPRESENTATIVE IS PROHIBITED.
CANCELLATION RIGHTS UNDER SECTION 51SB.4-106 OF THE ACT
A. AT ANY TIME WITmN THAN FIVE DAYS AFTER THE RECEIPT OF A
DISCLOSURE STATEMENT, A PURCHASER MAY CANCEL AN AGREEMENT TO
PURCHASE A UNIT FROM THE DECLARANT; PROVIDED, THAT THE RIGIlT TO CANCEL
TERMINATES UPON. THE PURCHASER'S VOLUNTARY ACCEPTANCE OF A
CONVEYANCE OF THE UNIT.
B. IF A PURCHASER RECEIVES A DISCLOSURE STATEMENT MORE THAN
FIVE DAYS BEFORE SIGNING A PURCHASE AGREEMENT, THE PURCHASER MAY NOT
CANCEL THE PURCHASE AGREEMENT UNDER SECTION 515B.4-106 OF THE ACT.
C. THE PURCHASE AGREEMENT MAY BE CANCELED UNDER
SECTION 515B.4-106 OF THE ACT ONLY BY GIVING WRITTEN NOTICE TO THE
DECLARANT BY HAND DELIVERING, OR MAILING A NOTICE OF CANCELLATION BY
U.s. MAIL, POSTAGE PREPAID, TO THE DECLARANT'S ADDRESS SET FORTH IN THIS
DISCLOSURE STATEMENT. CANCELLATION IS WITHOUT PENALTY AND ALL MONIES
PAID BY THE PURCHASER BEFORE CANCELLATION SHALL BE PROMPTLY REFUNDED.
D. IF THE DECLARANT OBLIGATED TO DELIVER THE DISCLOSURE
STATEMENT FAILS TO DELIVER A DISCLOSURE STATEMENT WHICH SUBSTANTIALLY
COMPLIES WITH THE ACT TO A PURCHASER TO WIIOM A UNIT IS CONVEYED, THE
DECLARANT SHALL BE LIABLE TO THE PURCHASER IN THE AMOUNT OF ONE
THOUSAND DOLLARS, IN ADDmON TO ANY DAMAGES OR OTHER AMOUNTS
RECOVERABLE UNDER THE ACT OR OTHERWISE.
:MPLS-Word 89967.2
DISCLOSURE INFORMATION
1. Name and' Number of Common Interest Communitv. The name of the
common interest community is Rosalyn. Court Condominium (the "Condominium"). The
number of Condominium is Hennepin County, Common Interest Community No.
2. The Declarant's Name and Address. The Declarant's name and address are
Rosalyn Court Properties, LLC, a Minnesota limited liability company; 6700 Humboldt Avenue
North, #104, Brooklyn Center, Minnesota 55430.
3. Number of Unitsffvpe of Common Interest Commnnitv. The Condominium
will initially consist of twenty-four units, with the Declarant having the right and authority to add
up to an additional thirty-six units.
4. Description of the Condominium. The Condominium will initially consist of
twenty-four units located in two existing "apartment-style" buildings. Those buildings, each of
which will contain twelve units, are located at 2700 and 2730 Rosalyn Court, New Hope,
Minnesota (collectively the "Buildings," and individually a "Building"). The Buildings were
constructed in 1962. Both Buildings have virtually identical floor plans.
The boundaries of each unit in the Condominium are the interior unfinished surfaces of
its perimeter walls, floors, and ceilings. Please see Section 2.2 of the Declaration for the
Condominium (the "Declaration") for a more specific description of the boundaries of the units.
A copy of the Declaration is attached to this Disclosure Statement as Exhibit A. All portions of
the Condominium outside of the units are the common elements of the Condomininm (the
"Common Elements" or "Common Element'').
Each Building is of typical wood frame construction with wood siding, brick veneer, and
a concrete foundation. The roof of each Building is a hip-style design with asphalt shingles.
Heating fur each Building (including the units) are by a central common gas-fired boiler. Each
unit is equipped with a separate thermostat to control the heat serving that unit. Electrical
service for the Common Element spaces of each Building, and of each unit, is separately
metered. Sewer, water, and gas services for each Building are commonly metered. Each
Building is wired for cable TV. Each unit contains a living room, a dining room, a kitchen. and
one bathroom. Six units in each Building contain two bedrooms, and the other six units in each
Building contain one bedroom. The lowest level of each Building has Common Element storage
rooms and a mechanical room. Other Common Element rooms also exist in each Buildings.
There is exterior surface parking on the Common Elements. It is intended that the
exterior surface parking areas will not allocated or designated for specific units, and will be used
on a first-come, first-served, basis. There are twenty-four Common Element garage stalls within
two garage buildings that are separate from each Building. It is intended that one garage stall
will be assigned and be allocated to each unit. Please refer to Section 7.8 of the Declaration for a
full description of the process by which those garage stalls will be assigned and allocated.
All units will receive new kitchen cabinets and countertops, bath fixtures, floor
coverings, wall and ceiling paint, clothes washer and dryer, and other varieties of new
improvements.
MPLS-WonI89967.2
2
Each unit is allocated an equal undivided interest in the Common Elements. The
Common Elements are for the use and enjoyment of the owners of the units, subject to use
restrictions imposed by the Declaration, the Act, and Rosalyn Court Condominium Association
(the "Association''). Access and utility easements will be estsblished over the Common
Elements and certain parts of the units. The easements are described on the common interest
community plat for the Condomininm (the "Plat") and in the Declaration.
5. Future Exoansion. The Declarant may add additional real estate to the
Condominium, at its discretion, for a period of up to ten years following the recording of the
Declaration. It is anticipated that up to thirty-six additional units, as well as the corresponding
Common Elements and Limited Common Elements (as described in Section 3.2 of the
Declaration), may be added to the Condominium. That additional real estate is legally descn"bed
in Exhibit C to the Declaration.
6. Orl!:anization and Ooeration of the Association. The Association is or will be
organized as a Minnesota nonprofit corporation for the purpose of govemipg the Condominium
and for providing certain services relating to the Condominium. Each owner of a unit will
automatically become a member of the Association when the owner receives title to a unit, and
will remain a member for so long as the owner owns the unit. Each unit is assigned one vote in
the affairs of the Association.
A. The Association is operated by a Board of Directors (the "Board"). The
first Board will be appointed by the Declarant and will serve until the earliest to occur of
the following three events: (i) voluntary turnover of control by the Declarant, (ii) five
years after the first unit sale closes, or (ill) when seventy-five percent of the units .are
owned by owners other than the Declarant. When the first of those three events occurs,
an Association meeting will be held within the following sixty days, at which time the
owners will elect a Board of three directors. Thereafter, the directors will be elected by
the owners. The Association's Bylaws (the "Bylaws"), which is Exhibit B to this
Disclosure Statement, describes the operational aspects of the Association.
B. The Association has the power to levy common expense assessments
(commonly known as "dues") against the units to fund the Association's operating
expenses. The initial annual assessment for the Association has been estsblished based
upon the Asso.ciation's projected budget prepared by the Declarant. A copy of the budget
is attached to this Disclosure Statement as Exhibit G. The Board has the authority to
increase or decrease the annual assessment at its discretion (see Section 6 of the
Declaration).
C. The Association will maintain the Common Elements and all
improvements located thereon (see Section 9 of the Declaration), subject to Section 9.1 of
the Declaration, which describes alternative obligations for maintenance of the limited
common elements of the Condominium, which are those portions of the Common
Elements that are allocated for the. exclusive use of one or more than one unit. The
owners will be responsible for the maintenance and repair of 'all parts of their units. The
Declarant does not anticipate any major improvements to the Common Elements in
contemplation of the creation of the Condominium.
3
MPLS-Wonl89967.2
D. Architectural standards are necessary in order to preserve the architectural
style and appearance of the Condominium. Therefore, no modification, decoration,
change, or other improvement of any kind is permitted upon the Common Elements or on
the exterior of any units without the prior approval of the Board; except for the
installation of certain antennas within the units and within certain limited common
elements (see Section 8 of the Declaration, and the proposed Rules and Regulations of
the Association which are attached to this Disclosure Statement as Exhibit D).
E. The Association is required to carry blanket casualty insurance covering
each Building (but is not required to cover interior improvements or betterments to the
units) and to pay the insurance premium as a common expense of the Association (see
Section 14 of this Disclosure Statement and Section 11 of the Declaration). Owners must
carry their own insurance on interior furnishings, their personal liability, subsequent
improvements to their units, and other property not covered by the Association's
insurance.
7. Commencement and .Comoletion Schedule. Each Building is an existing
structure, and no further construction is contemplated or necessary to complete the Building and
related improvements (with the exception of certain improvements to the units). All units are or
will be approved as residences by the city of New Hope, Minnesota (the "City"), if required by
the City.
The Declarant has the right, but not the obligation, to add additional real estate to the
Condominium. Because the Declarant has the right to add additional real estate to the
Condominium. The Act requires that this Disclosure Statement contain the following notice:
"The following notice is required by Minnesota Statutes. The declarant has
reserved in the declaration certain rights to add additional real estate. These
rights allow a declarant to add units or common elements to a common
interest community, and to make other changes to the community over a
specified period of time. These changes may have a substantial effect upon
the units or rights of unit owners, by changing relative voting power and
share of common expenses, by increasing the number of persons using the
common elements, by altering the size and appearance of the common
interest community and by making other changes which may affect the value
or utility of the units. A purchaser of units in this common interest
community should consider the possible effects of the declarant's rights
reserved for this project."
The provisions governing the Declarant's rights to add additional real estate are contained
in Section 16 of the Declaration. Purchasers should review Sections 15 and 16 of the
Declaration for the details of the Declarant's rights and obligations.
8. Conversion Information. The Condominium is a "conversion property" as
defined in the Act. The improvements to the units as descnbed in Section 4 of this Disclosure
Statement were made in contemplation of the creation of the Condominium.
MPLS-WOId 89967.2
4
9. Items Not Reflected in Budl!et. There are no supplies or services not reflected
in the Association's projected budget which the Declarant provides or will provide, nor expenses
which the Declarant now pays and expects may become a common expense at any time in the
future; except that the Board appointed by the Declarant may elect, as authorized by the Act, to
delay the levy of a common expense assessment. The Declarant will pay all expenses of the
Association until an assessment is formally levied. At the time of the levy of the. :first
assessment, all owners will be obligated to begin paying the share of all assessments allocated to
their units. There is no alternative assessment program established by the Declarant pursuant to
Section 5l5B.3-115(b) of the Act.
10. Initial or 80eclal Fees Due to the Declarant or Association. There are no
initial or special fees due from the purchaser to the Declarant or the Association at the time of
closing of the purchase, except (i) the share of common expenses attributable to the unit in the
month of closing if an assessment has been levied, (ii) an operating capital contribution equal to
two monthly assessment installments, (ill) the share of the Association's annual prepaid property
insurance premium applicable to the unit (if any), and (iv) any other costs, fees, and expenses
that the owner agrees to pay under that owner's Purchase Agreement for the purchase of the unit.
The share of common expenses will be used to fund the Association's budget. The operating
capital contributions will be used by the Association to cover any unanticipated operating capital
needs during its initial years of operation. The share of the insurance premium will be used to
prepay the annual premiums on the insurance carried by the Association, if prepayment is
required. All of the foregoing payments are calculated and allocated among the units based upon
the common expense allocation rules set forth in Sections 4 and 6 of the Declaration.
11. Descnotion of Liens. Defects. and Encumbrances. T4ere will be no liens,
defects, or encumbrances which will continue to affect title to the unit or any real property
owned by the Association following the conveyance of the unit to the purchaser, other than the
following, which are referred to in the Purchase Agreement for the unit:
A. Building and zoning laws and ordinances, and state and federal
regulations;
B. Easements and restrictions of record which do not materially interfere with
the improvements;
C. Reservations of mineral rights in the state of Minnesota;
D. The provisions of the Act;
E. The Declaration, as amended from time to time;
F. The exceptions contained in the standard AL TA Form title policy;
G. Easements established by Declarant pursuant to the Declaration;
H. The lien for real estate taxes and installments of special assessments
payable therewith in the years following the year of closing; and
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I. Any encumbrance created by the purchaser and affecting the unit.
12. Financine: Offered or Arrane:ed. The Declarant is not offering financing in
connection with the sale of units.
13. Final Proiect ADDrovals. No final project financing approvals have been applied
for nor received as of the date of delivery of this Disclosure Statement from the Federal National
Mortgage Association (FNMA), the Federal Home Loan Mortgage COIporation (FHLMC), the
Federal Housing Administration (FHA), or the Secretary of Veterans Affairs (II A).
14. Limited WarrantieslDisclaimers.
A. Subject to the limitations described in this Section 14, the Declarant makes
the warranties contained in Section 5l5B.4-112 of the Act with respect to the
Condominium. In general, that section provides that any statement of fact or promise
made by the Declarant in connection with (i) the unit or related common element
improvements, (ii) any model, or (Ui) any description of the real estate, creates an express
warranty that the unit, the improvements, or the real estate, will substantially conform to
the statement of fact or promise made. However, the statement of fact or promise must
have been reasonably relied upon by the purchaser in making the decision to buy the unit.
B. Subject to the limitations described in this Section 14, the Declarant makes
the following warranties pursuant to Section 5l5B.4-113 of the Act with respect to the
Condominium:
(i) That a unit will be in at least as good condition at the earlier of the
time of conveyance or delivery of possession to the purchaser as it was at the time
of the execution of the Purchase Agreement, reasonable wear and tear excepted.
(ii) That the unit and the Common Elements are structurally suitable
for the ordinary uses of real estate of its type.
(iii) That any improvements subject to use rights by the purchaser,
made or contracted for by the Declarant (if any) or made by any person in
contemplation of the creation of the Condominium (if any), will be:
(1) Free from defective materials, and
(2) Constructed in accordance with applicable law, according
to sound engineering and construction standards, and in a workmanlike
manner.
(iv) That the residential use of the unit does not violate any applicable
law at the earlier of the time of conveyance or delivery of possession of the unit.
Copies of Sections 5l5B.4-112 through 5l5B.4-115 of the Act, which describe the above
warranties in detail, are attached to this Disclosure Statement as part of Exhibit E.
MPLS-Wqnl89967.2
6
NOTE: The warranty described in Section 14B(iii), above, relates only to improvements in
the Condominium (if any) made by the Declarant in connection with the creation of the
Condominium, and not to the Condominium property as a whole. The Declarant makes no
warranties with respect to those parts of the Condominium which were not constructed by
the Declarant. Purchasers are taking all pre-existing components of the Condominium "As
Is," and subject to all of the limitations and qualifications described in this Diselosure
Statement.
It is important that each purchaser thoroughly review all warranty coverages, exclusions,
and claims procedures for each type of warranty. Please note the following qualifications
and limitations:
. Limit on Warranties: The foregoing limited warranties are in lieu of any other
warranties, express or implied, as to materials, construction standards, use, habitability, fitness
for purpose, or condition of the units or other property. Except for those limited warranties, all
units are sold "As Is." All warranties are subject to the disclaimers contained in the Purchase
Agreement or elsewhere in the disclosure materials or a model unit. The Declarant is not liable
for any consequential damages arising in connection with the sale or use of the unit, nor for any
damage to the unit which is caused by the misuse or negligence of the owners or occupants. Any
drawings or descriptions of the physical characteristics of the Condominium, or the units are
. subject to any further disclaimers or qualifications set forth in the descriptive materials relating
thereto, and to any changes required by lenders or governmental authorities.
Time Limit on Claims: The Act provides that any legal action for a breach of the
warranties described in Sections 14A and 14B, above, must be commenced within six years after
the cause of action accrues (arises), unless a shorter period of time is agreed upon in writing
between the seller and purchaser. The Purchase Agreement provides that purchaser will agree to
reduce the foregoing time period from six to two years and that a separate agreement to that
effect will be signed on the date of closing (that Agreement Reducing Statute of Limitations is
attached to this Disclosure Statement as Exlubit F).
Each Unit is Uniaue: Except for all the general specifications common to all units, each
purchaser receives the design and interior features that he or she contracts for in the Purchase
Agreement for the specific unit No representation is made that decorating, fixture upgrades,
finishes, or furnishing items contained in any model unit, or in another unit sold to a certain
purchaser, will be part of the unit sold to any other purchaser.
15. JudlffilentsJPendinl! Lawsuits. To the knowledge of the Declarant, or any
affiliate of the Declarant, after reasonable inquiry, there are no unsatisfied judgments or lawsuits
to which the Association is a party.
16. Earnest Monev Escrow. Any earnest money paid by the purchaser in connection
with the purchase of a unit will be held in escrow in a real estate broker's trust account until
closing, or until the termination of the Purchase Agreement for the lplit, and will be returned to
the purchaser if the purchaser cancels the Purchase Agreement pursuant to Section 515BA-106
of the Act The name and address of the escrow agent are . Minnesota
55_. The escrow agent is a licensed real estate broker,
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17. Insurance Coveral!e. The following is a description of the insurance coverage
which will be provided by the Association for the benefit of the unit owners, effective as of the
date of the first conveyance of a unit:
A. Property Insurance: This insurance is in the face amount of one hundred
percent of the full insurable replacement Gost of the Property, but exclusive of land,
excavations, footings, and other items normally excluded from such property policies.
The policy has a deductible amount as determined by the Board. At the discretion of the
Board, the property insurance may not cover floor, ceiling, or wall finishing materials,
fixed floor coverings, cabinetry, finished millwork, electrical and plumbing fixtures.
serving the unit, built-in appliances, and improvements or betterments to the unit as
originally constructed or subsequently added by the Declarant or the owner. The policy
covers risks of direct physica1loss to each Building resulting from causes such as fire and
windstorms, but does not cover such things as rain water, surface water, or ground water
infiltration. The policy does not cover the owners' contents and personal property in the
units. Owners are strongly advised to consult a qualified insurance agent, to provide a
copy of the Declaration insurance requirements and policy to the agent, and to obtain
their own coverage for items not covered by the Association's policy.
B. Public Liability Insurance: This insurance is in the minimum face amount
of One Million Dollars, and covers death, bodily injury, and property damage arising out
of or in connection with the use, ownership, or maintenance of the Common Elements by
any person. The policy has a deductible amount as determined by the Board. The policy
does not cover owners' personal liability for accidents or damage occurring within their
units. Owners are strongly advised to consult a qualified insurance agent and obtain their
own liability insurance coverage for accidents and damage occurring within their units.
C. Fidelity Insurance: This insurance insures against dishonest acts on the
part of the officers, directors, managers, employees of the Association, or other persons
who are responsible for the handling of funds belonging to or administered by the
Association. The amount of fidelity coverage is determined by the Board, subject to the
requirements of the mortgage lenders and insurers, or buyers of mortgages such as the
FNMA, if applicable. '
D. Workers Compensation: This insurance will be provided only as required
under the Minnesota workers compensation laws.
E.
Board.
Other insurance as may be deemed necessary from time to time by the
It is recommended that prospective purchaser review Section 10 of the Declaration for a
more complete explanation of the insurance coverage. In addition, copies of the insurance
policies and endorsements will be made available for review upon request. Purchasers should
also note that owners' title insurance policies are not provided by the Association or the
Declarant.
MPLS-Word899672
8
18. Fees for Use of Common Elements. There are no current or expected fees or
charges to be paid by owners for the use of the Common Elements or any other improvements or .
facilities related to the Condominium, except assessments for common expenses.
19. Financial Arranl!ements for Comuletion of Imurovements. Financial
arrangements have not been made by the Declarant because there are no improvements to
complete.
20. Real Estate Taxes. There are no delinquent taxes on the unit being sold or on
any real property owned by the Association. The status of real estate taxes and special
assessments 'levied or due with respect to the unit is provided in Exhibit I to this Disclosure
Statement.
21. Substantial Comuletion of the Unit. Each unit will be substantially complete at
the time of conveyance of the unit to the purchaser.
22. Couies of DocumentslAl!reements. The documents required by the Act to be
delivered to purchasers, and other relevant documents, are attached to this Disclosure Statement
as Exhibits A through S. Until the required documents are recorded, all documents are in
proposed form. Changes may be made prior to recording by the Declarant without the
purchaser's consent if the change does not materially affect the purchaser or the unit.
23. Balance Sheet and Proiected Budl!et. Attached to this Disclosure Statement as
Exlnbit G is a copy of the projected annual budget for the Association for the year in whiqh the
first unit is conveyed to a purchaser. The common expense attributable to each category of
expenses is estimated in the attached budget. The budget was prepared by the Declarant based
upon his best estimate as to future expenses of the Association, assuming completion of the
project. A copy of the Association's most current balance sheet (prepared quarterly) is attached
to this Disclosure Statement as Exhibit H. The Association's first Board, composed of directors
appointed by the Declarant, may elect not to levy and collect assessments from the owners at the
time the Association is formed. In such case, the beclarant will pay all expenses of the
Association until the first assessment is levied, at which time the owners will be obligated to pay
the installments of assessments allocated to their units. When the Board is elected by the
Owners, the Board may change the Budget for future years.
24. Manal!ement of the Association. The Association has the authority to enter into
an agreement for professional management, pursuant to Section 5.4 of the Declaration. The
Association may contract with a professional management company to provide full-service
management for the Association. The services may include, among other services, attending
Board and Association meetings, assisting with budgeting and fInancial reports, assisting with
maintenance and other vendor contracting, and assisting with Association meetings and
operations. Upon turnover of control of the Association to the owners, the owner-elected Board
may determine whether or not to contract with professional management.
25. ProfessionalOuinion. Attached to this Disclosure Statement as Exhibit J is the
professional opinion prepared by a registered professional architect or engineer licensed in the
state of Minnesota. The opinion describes the present condition of all structural components and
mechanical and electrical installations, material to the use and enjoyment of each Building, to the
9
MPLS-Word 899672
extent reasonable ascertainable without disturbing the improvements or dismantling the
equipment
26. Statement as to Exueeted Useful Life. No representation is made as to the
expected useful life of items reported upon in the professional opinion referred to in Section 25,
above.
27. Statement as to Outstanding Notices. There are no outstanding notices of
uncured violations of building codes or municipal regulations with respect to the Condominium.
28. EnvironmentallHealth Issues. To the best of the Declarant's knowledge. there
are no hazardous wastes or other contaminants in each Building which will adverselv and
siP11ificantlv affect the use and oCCllPancv of each Billldine: as a residence. However. as with
most residential dwellings Drior to 1978. some lead-based Damt mav exist in certain portions of
each Building. The Lead-Based Paint Addendum to the Purchase Agreement for the unit will
nrovide to the Durchaser of the uuit the statistics reauired disclosures with reauest to anv known
lead-based Damt within the Uuit.
EXHIBITS
The following exhibits are included in this Disclosure Statement:
A Declaration of Rosalyn Court Condominium (exclusive ofCIC Plat)
B Bylaws of Rosalyn Court Condominium Association (the "Association")
C Articles of Incorporation of the Association
D Rules and Regulations of the Association
E Warranties
F Agreement Reducing the Statute of Limitations
G Projected annual budget of the Association
H Balance sheet of the Association (prepared quarterly)
I Status of Real Estate Taxes
J Professional Opinion
K Declaration of Easements and Covenants (Driveway)
L Easement for Construction and MainteIlll1\.ce of Sanitary Sewer (Heunepin County
Registrar of Titles Document No. 547763)
M Easement for Construction and Maintenance for Public Improvement (Hennepin County
Registrar of Titles Document No. 555203)
N Easement for Utilities and Drainage (Hennepin County Registrar of Titles Document No.
527873)
MPLS-Word 899672
10
o Easement for Sanitary Sewer (in favor of the city of New Hope, Minnesota) (Hennepin
County Registrar of Titles Document Nos. 547763 and 55203)
P Easement for Sanitary Sewer, Storm Sewer, Utility and Drainage (in favor of the city of
New Hope, Minnesota) (Hennepin County Registrar of Titles Document No. 733874)
Q Easement for Highway (in favor of Hennepin, Minnesota) (Hennepin County Registrar of
Titles Document No. 907802)
R Easement for Street and Utility (in favor of the city of New Hope, Minnesota) (Hennepin
County Registrar ofTitles Document No. 2176226)
S Easement for Drainage and Utility (in favor of the city of New Hope, Minnesota)
(Hennepin County Registrar of Titles Document Nos. 3360411 and 3360412)
NOTE: All unrecorc!ed do~ents are in proposed form.
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DECLARATION
FOR
ROSALYN COURT CONDOMINIUM
MPLS-Word89871.2
COMMON INTEREST COMMUNITY NO.
Condominium
ROSALYN COURT CONDOMINIUM
TABLE OF CONTENTS
SECTION 1 DEFlNlTIONS ........................................................................................................ 2
1.1 Act ...... ................. ........... ........................... ......... ......... .... ... ....... ..... ....... ..... ...... ....... ........ 2
1.2 Additional Real Estate............................................................................,..................,.....2
1.3 Assessments .................. ................. ............ ....... ............ ...... .................... ......................... 2
1.4 Association ......... .... .................. ....................,.... ....................... ............. ..... ......... ............ 2
1.5 Board .................................................................................,.............................................2
1.6 Building ........................... ..................... .....................,..., ..... ..... ......... .............................. 2
1.7 Bylaws .............................................................................................................................2
1.8 City ....................................... ......... ..... ............ ............ ......................... .......,.. .................. 2
1.9 Common Elements ..................................:.......................................................,............... i
1.10 Common Expenses .......................................................................................................... 2
1.11 Condominium .....................................................,......................................................,..... 2
1.12 Declarant Control Periqd........,......................................................................................" 3
1.13 Eligible Mortgagee .........................................,....................".............................,............ 3
1.14 Governing Documents ..........................,...............................,........................................., 3
1.15 Limited Common Elements......................,....................................................................,.3
1.16 Member.....................................................,...........................,.............................,.,....,...., 3
1.17 Occupant............. ....... ................ ..........,... ............. ............ .................. ......... ........,.... ....... 3
1.18 Owner ................................................................................................,.........................,...3
1.19 Person....". ..................... ........ ........... ......... ..... ................... ................"................... ......... 3
1.20 Plat.. ............. ...... ............. ............ ............... .........,....,..., ..... ............. ......... .......... ...... ........ 3
1.21 Property ...... ....................... ....................... ........ ......... ...... ............. ......... .......................... 3
1.22 Rules and Regulations ...."...............................,...............................................................3
1.23 Unit .............................,............................................................................................._...... 3
SECTION 2 DESCRlPTION OF UNITS, BOUNDARIES, AND RELATED
EASEMENTS ........................................................................................................ 4
2.1 Units.....................................................,......,...,...................................,............................4
2.2 Unit Boundaries ........... ....... .............................. .............. ...........,..... ......... ...... ......., ......... 4
2.3 Appurtenant Easements .....................................,............................~................................4
SECTION 3 COMMON ELEMENTS, LIMITED COMMON ELEMENTS, AND
OTHER PROPERTY .....,............................................,..........................................4
3.1 Common Elements .............................................................................,............................4
3.2 Limited Common Elements............................................................................................. 5
MPLS-Wmd898712
SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS .................... 6
4.1 Membership ..................................................................................................................... 6
42 Voting and Common Expenses .......................................................................................6
4.3 Appurtenant Rights and Obligations ............................................................................... 6
4.4 Authority to Vote............................................................................................................. 6
SECTION 5 ADMINISTRATION ..............................................................................................6
5.1 General................................. .......... ......... .......... ............. ........ ....... ..................... ...... ........ 6
5.2 Operational Purposes...... ................. ................... ..... ......... ..... ....... ...... ........ .... ........... ...... 7
5.3 Binding Effect of Actions................................................................................................7
5.4 Bylaws ............................................................................................................................. 7
5.5 Management .................................................................................................................... 7
5.6 Rules and Regulations .....................................................................................................7
5.7 Association Assets; Surplus Funds...................................................................................7
5.8 Resale Disclosure Certificates ......................................................................................... 7
SECTION 6 ASSESSMENTS ........:............................................................................................ 8
6.1 General............................................................................................................................. 8
6.2 Annual Assessments ........................................................................................................ 8
6.3 Special Assessments ................. ........... ..... ....... ...... .................. ............... .... ............... ...... 8
6.4 Limited Assessments ....................................................................................................... 8
6.5 Working Capital Fund .....................................................................................................9
6.6 Liability of Owners for Assessments............................................................................. 10
6.7 Assessment Lien ............................................................................................................ 10
6.8 Foreclosure of Lien; Remedies......................................................................................10
6.9 Lien Priority; Foreclosure..............................................................................................10
6.10 Real Estate Taxes and Assessments ..............................................................................10
6.11 Volunteer Conveyances; Statement of Assessments ..................................................... 11
SECTION 7 RESTRICTIONS ON USE OF PROPERTY........................................................ 11
7.1 General..... .......... ................ ................ ................................ ................ ....... ..................... 11
7.2 Subdivision or Conversion Prohibited........................................................................... 11
7.3 Residential Use..............................................................................................................11
7.4 Business Use Restricted.................................................................................................11
7.5 Leasing.................... ................ ...... ....................... ...... ......... ............. ..... ......... ....... ......... 12
7.6 Delegation of Use ..........................................................................................................12
7. 7 Parking........................................................................................................................... 12
7.8 Garage StaIls.................................................................................................................. 13
7.9 AnimaIs.......................................................................................................................... 14
7.10 Quiet Enjoyment; Interference Prohibited..................................................................... 15
7.11 Compliance with Law.................................................................................................... 15
7.12 Improvements ................................................................................................................ 15
7.13 Time Shares Prohibited .................................................................................................16
7.14 Access to Units .............................................................................................................. 16
MPLS-Word 89871.2
ii
SECTION 8 ARCHITECTURAL STANDARDS ...................................................................16
8.1 Restrictions on Improvements.......................................................................................16
8.2 Review Procedures ........................................................................................................ 17
8.3 Remedies for Violations ................................................................................................18
8.4 Owner ResponsibilitylIndemnity ................................................,.................................. 18
8.5 Exemptions .................................................................................................................... 18
SECTION 9 MAINTENANCE.................................................................................................. 19
9.1 Maintenance by Association..........................................................................................19
9.2 Optional Maintenance by Association........................................................................... 19
9.3 Costs of Maintenance by Association ........................................................................... 19
9.4 Owner Responsibility .................................................................................................... 20
9.5 Optional Maintenance by Association........................................................................... 20
9.6 Duty to Report Defects .................................................................................................. 20
9.7 Damage Caused. by Owner ............................................................................................ 21
SECTION 10 INSURANCE................................................................................................. .....21
10.1 Required Coverage ........................................................................................................ 21
10.2 Premiums; Improvements; Deductibles......................................;.................................. 22
10.3 Loss Payee; Insurance Trustee ...................................................................................... 23
10.4 Required Policy Provisions ........................................................................................... 23
10.5 Cancellation; Notice of Loss ......................................................................................... 23
10.6 No Contribution.............................................................................................................23
10.7 Owner's Personal Insurance .......................................................................................... 23
SECTION 11 RECONSTRUCTION, CONDEMNATION, AND EMINENT
DOMAIN ........................................................................................................... 24
11.1 Reconstruction ........... ................ ...... ........ ........ ............. ........ .......................... ...... ......... 23
11.2 Condemnation and Eminent Domain ............................................................................24
11.3 Termination and Liquidation .....................................;.................................................... 24
11.4 Notice........... .................. ....................... ..... ................. ......... ...... ...... .......... ......... ........... 24
11.5 Association's Authority ................................................................................................. 24
SECTION 12 EASEMENTS .....................................................................................................24
12.1 Utilities, Services, and Operating Systems.................................................................... 25
12.2 Encroachments............................................................................................................... 25
12.3 Structural Support Easements........................................................................................ 25
12.4 Access ............................................................................................................................25
12.5 Shared Driveway Easement...........................................................................................25
12.6 Maintenance, Repair, Replacement, and Reconstruction.............................................. 26
12.7 Public Safety and Health Access ................................................................................... 26
12.8 Emergency Access......................................................................................................... 26
12.9 Recorded Easements...................................................................................................... 26
12.10 Drainage Easements ......................................................................................................26
12.11 Use and Enjoyment Easements...................................................................................... 26
12.12 Declarant Rights ............................................................................................................27
12.13 Duration, Restrictions, and Use..................................................................................... 27
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MPLS-Ward 89871.2
12.14 Restrictions on Third Party Easement Grants................................................................ 27
12.15 Continuation and Scope of Easements .......................................................................... 28
SECTION 13 COMPLIANCE AND REMEDIES .................................................................... 28
13.1 Entitlement to Relief......................................................................................................28
13.2 Remedies .......................................................................................................................28
13.3 Rights to Hearing........................................................................................................... 29
13.4 Lien for Assessments, Charges, Etc. ............................................................................. 30
13.5 Costs of Proceeding and Attorneys' Fees...................................................................... 30
13.6 Liability for Acts of Owners and Occupants ................................................................. 30
13.7 Enforcement by Owners ................................................................................................ 30
SECTION 14 AMENDMENTS................................................................................................. 31
14.1 Approval Requirements................................................................................................. 31
14.2 Procedures .....................................................................................................................31
SECTION 15 RIGHTS OF ELIGIBLE MORTGAGEES......................................................... 31
15.1 Consent to Certain Amendments ...................................................................................31
15.2 Consent to Certain Actions............................................................................................ 32
15.3 Consent to Subdivisions ................................................................................................ 32
15.4 No Right of First Refnsal..................,............................................................................ 32
15.5 Priority of Lien ..............................................................................................................32
15.6 Priority of Taxes and Other Charges ............................................................................. 32
15.7 Priority of Condemnation Awards................................................................................. 32
15.8 Requirements for Management Agreements .................................................................32
15.9 Access to Books and Records/Audits ............................................................................ 32
15.10 Notice Requirements ..................................................................................................... 33
SECTION 16 SPECIAL DECLARANT RIGHTS .................................................................... 33
16.1 Complete Improvements................................................................................................ 33
16.2 Add Additional Real Estate ........................................................................................... 33
16.3 Rights to Relocate Boundaries and Subdivide and Convert Units ................................ 33
16.4 Relocate Boundaries and Alter Units ............................................................................ 33
16.5 Sales Facilities ...............................................................................................................33
16.6 Signs .............................................................................................................................. 34
16.7 Easements ...................................................................................................................... 34
16.8 Control of Association...................................................................................................34
16.9 Consent to Certain Amendments ................................................................................... 34
SECTION 17 RIGHTS TO ADD ADDITIONAL REAL ESTATE ........................................ 34
17.1 Time Limitations ..,.........................................................................................:.............. 34
17.2 Sequence to Add ............................................................................................................ 34
17.3 No Assurances of Addition.....................:...................................................................... 34
17.4 Maximum Number of Units .......................................................................................... 35
17.5 Applicability of Covenants ............................................................................................ 35
17.6 Creation of Additional Easements................................................................................. 35
MPLS-Word 89871.2
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SECTION 18 MISCELLANEOUS ........................................................................................... 36
18.1 Severability ........................... ........... ................ .... ... ..... ................. ....... ........ .................. 36
18.2 Construction................... ....... ................................. ....... ................. ........ .............. .......... 37
18.3 Tender ofClaims ...........................................................................................................37
18.4 Notices .............. ................. ....... ..... ......... .......................... .......... ...... .................. ........... 37
18.5 Conflicts Among Documents ........................................................................................ 37
18.6 Duration of Covenants.................................................................................................... 37
v
MPLS-Wmd89871.2
I~~I
(Ahove Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO.
Condominium
ROSALYN COURT CONDOMINIUM
DECLARATION
This Declaration is made in the county of . state of Minnesota, on this
- day of , 2005, by Rosalyn Court Properties, LLC, a Minnesota limited
liability company (the "Declaranf'), pursuant to the provisions of Minnesota Statutes Chapter
515B, known as the Minnesota Common Interest Ownership Act (the "Acf'), for the purpose of
creating Rosalyn Court Condominium as a condominium under the Act.
WHEREAS, Declarant is the owner of certain real property located in Hennepin C<;>unty,
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit said
real property and all improvements thereon (collectively the "Property") to the Act as a
condominium, and
WHEREAS, Declarant may add to the Property the real property legally described in
Exhibit C attached hereto (the "Additional Real Estate"), and
WHEREAS, Declarant desires to establish on the Property, and any Additional Real
Estate added thereto, a plan for a permanent residential community to be owned, occupied, and
operated for the use, health, safety, and welfare of the Owners and Occupants, and for the
purpose of preserving the value, the structural quality, and the original architectural character of
the Property, and
WHEREAS, the Property is not subject to a master association as defined in the Act, and
the conditions required under an ordinance (if any) governing conversion property as defined in
the Act have been complied with.
THEREFORE, Declarant subjects the Property to this Declaration under the name
"Rosalyn Court Condominium," initially consisting of the Units referred to in Section 2,
declaring that this Declaration shall constitute covenants to run with the Property, and that the
~~lVoni898712
Property, and all Additional Real Estate added thereto, shal1 be owned, used, occupied, and
conveyed subject to the covenants, restrictions, easements, charges, and liens set forth herein, all
of which shall be binding upon all Persons owning or acquiring any right, title, or interest
therein, and their heirs, personal representatives, successors, and assigns.
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following meanings
(unless the context indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter 515B, known as the Minnesota
Common Interest Ownership Act, as amended.
1.2 "Additional Real Estate" means the real property legally described in Exhibit C
attached hereto, including all improvements located thereon now or in the future,
and all easements and rights appurtenant thereto, which property Declarant may
add to the Property.
1.3 "Assessments" means and refers to all assessments levied by the Association
pursuant to Section 6 and pursuant to the Act, including, but not limited to, annual
assessments, special assessments, and limited assessments.
1.4 "Association" means the Rosalyn Court Condominium Association, a nonprofit
corporation which has been created pursuant to Minnesota Statutes Chapter 317 A
and Section 5l5B.3-101 of the Act, whose members consist of all Owners.
1.5 "Board" means the Board of Directors of the Association as provided for in the
Bylaws.
1.6 "Building" means each structure which is or becomes a part of the Property and
which contains at least one Unit.
1.7 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
1.8 "City" means the city of New Hope, Minnesota.
1.9 "Common Elements" means all parts of the Property except the Units, including
all improvements thereon.
1.10 "Common Exoenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Documents.
1.11 "Condominium" means the condominium created by this Declaration and known
as Rosalyn Court Condominium.
2
~~~ani898712
1.12 "Declarant Control Period" means the time period during which Declarant has the
exclusive right to appoint the members of the Board, as described in Section 16.
1.13 "Eli!!ible Mormal!ee" means any Person which owns a first mortgage on a Unit
and which has requested in writing that the Association notify it regarding any
proposed action which requires approval by a specified percentage of Eligible
Mortgagees.
1.14 "Govern;"!> Documents" means this Declaration, the Bylaws, and the Articles of
IncoIporation of the Association, as those documents may be amended from time
to time, all of which shall govern the use and operation of the Property.
1.15 "Limited Common Elements" means a portion of the Common Elements allocated
by the Declaration or by operation of Section 515B.2-102(d) or (f) of the Act for
the exclusive use of one or more but fewer than all of the Units.
1.16 "Member" means a Person who is a member of the Association by virtue of being
an Owner as defined in this Declaration. The words "Owner" and "Member" may
be used interchangeably in the Governing Documents.
1.17 "OccuDant" means a Person, other than an Owner, in possession ot: or residing in,
a Unit.
1.18 "Owner" means a Person who owns a Unit, but excluding a contract for deed
vendors, a mortgagee, a holder of reversionary interest in a life estate, and any
other secured parties within the meaning of the Act. The term "Owner" includes,
without limitation, a contract for deed vendee, and a holder of a life estate.
1.19 "Person" means a natural individual, a cOIporation, a limited liability company, a
partnership, a trustee, or other legal entity capable of holding title to real property.
1.20 "Plat" means one or more than one recorded plat depicting the Property pursuant
to the requirements of Section 515B.2-110(c) of the Act, and satisfying .the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable,
including any amended or supplemental Plat recorded from time to time in
accordance with the Act
1.21 "Pronertv" means all of the real property subjected to this Declaration, now or in
the future, including all structures and improvements located thereon. The
Property is legally described in Exhibit A attached hereto.
1.22 "Rilles and Rel!Ulations" means the Rules and Regu1ations of the Association as
approved from time to time pursuant to Section 5.6.
1.23 "Unif' means a part of the Property within a Building other than the Common
Elements, including one or more than one room or enclosed space designed and
intended for separate ownership and use, all as described in Section 2 and shown
on the Plat.
MPLS-Word89871.2
3
The terms used in the Governing Documents, and defined in the Act and not in this Section, shall
have the meaning set forth in the Act References to section numbers in this Declaration shall
refer to sections of this Declaration, unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES, AND RELATED EASEMENTS
2.1 Units. There are twenty-four Units, subject to the right of Declarant to subdivide
and convert Units pursuant to Section 16 and to add additional Units pursuant to Section 18. AIl
Units are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real
estate. No portion of a Unit shall be transferred or otherwise conveyed apart from any other
portions of a Unit. Subject to Declarant's rights pursuant to Section 16, no additional Units may
be created by the subdivision or conversion of Units pursuant to Section 515B.2-112 of the Act.
The Unit identifiers and locations of the Units are as shown on the Plat, which is incOlporafed
herein by reference. A schedule of the Units is set furth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a part of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any COmmon utility lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but
located in or passing through a Unit, shall be Common Elements. The boundaries of each Unit
shall also extend along the inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3.2, all spaces, interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Aoourtenant Easements. The Units and the Common Elements shall be subject to
and benefited by the easements described in Section 12.
SECTION 3
COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTHER PROPERTY
3.1
follows:
Common Elements. The Common Elements, and their characteristics are as
3.1.1 All of the Property not included within the Units constitutes Common
Elements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat, or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements as
described in this Declaration and any other easements recorded against the Common
Elements; (ii) the rights of Owners and Occupants in Limited Common Elements
4
AdP~VVoni898712
appurtenant to their respective Units; and (Hi) the right of the Association to establish
reasonable Rules and Regulations governing the use of the Property;
3.1.3 Except as otherwise expressly provided in the Governing Documents, (i)
no improvement, modification, construction, or change of the Common Elements shall
take place by an Owner or Occupant without prior written authorization by the Board and
(ii) all maintenance, repair, replacement, improvement, management, and operation of the
Common Elements shall be the responsibility of the Association; and
3.1.4 Common Expenses for the maintenance, repair, replacement,
management, and operation of the Common Elements shaIl be assessed and collected
from the Owners in accordance with Section 6.
3.2 Limited Common Elements. The Limited Common Elements are those parts of
the Common Elements reserved for the exclusive Use of the Owners and Occupants of the Units
to which they are aIlocated, as described in this Declaration and the Act. The rights to the use
and enjoyment of the Limited Common Elements are automaticaIly conveyed with the
conveyance of such Units. The Limited Common Elements are descnbed and allocated to the
Units as foIlows:
3.2.1 Those items or areas designated as Limited Common Elements on the Plat
or by the Act are allocated as indicated therein.
3.2.2 Improvements, if any, such as decks, patios, porches, balconies, shuttets,
awnings, perimeter windows and doors, window screens, window boxes, sleeves and
fittings surrounding window air conditioning units, chimneys, driveways, walks,
doorsteps and stoops, constructed as part of the original construction to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to Section
7.10, located whoIly orpartiaIly outside the Unit boundaries, are allocated exclusively to
the Unit Or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, condnits or other utility
installations, bearing wails, bearing columns, or any other components or fixtures lying
partiaIly within andpartiaIly outside the boundaries of a Unit, and serving only that Unit,
are allocated to the Unit which they serve. Any portion of such installations serving or
affecting the function of more than one Unit or any portion of the Common Elements is a
part of the Common Elements, but is not a Limited Common Element.
3.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than one Uuit, and located whoIly or partially outside the boundaries of one or more than
one Unit, are Limited Common Elements allocated to each Unit served by such
equipment.
3.2.5 A lighting fixture in the hallway of a Building and that is directly outside
of a Unit and that is affixed to a Common Element wall directly adjacent to a Unit shall
be a Limited Common Element allocated to that Unit.
3.2.6 A self-closing door system on tIie exterior door of a Unit shaII be a
Limited Common Element allocated to that Unit.
5
MP!.S-Word89871.2
SECTION 4
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in the Association and a portion of the Common Expenses of the Association, shall be governed
by the following provisions: --
4.1 MembershiD. Each Owner shall be a Member solely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but
multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor
authorize the division of the voting rights.
4.2 Allocation of Votin!! Riehts. Common Exoenses. and Undivided Interests.
Common Expense obligations and undivided interests in the Common Elements are allocated
equally among the Units, subject to the Association's right to levy limited Assessments under
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners ate
entitled to vote.
4.3 AoDurtenant Riehts and Obli!!ations. The ownership of a Unit shall include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
obligations, and the title to the Units, shall not be separated or conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,.
separate from the title to the Unit shall be void. The allocation of the rights and obligations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authority to Vote. The Owner, or some natural Person designated to act as proxy
on behalf of the Owner, and whQ need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there are multiple Owners of a Unit, only the Owner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5
ADMINISTRATION
The ailministration and operation of the Association and the Property, including, but not
limited to, the acts required of the Association, shall be governed by the following provisions:
5.1 General. The operation and administration of the Association and the Property
shall be governed by the Governing Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Governing Documents and
the Act, be responsible for the operation, management, and control of the Property. The
Association shall have all powers described in the Governing Documents, the Act and the statute
under which the Association is incOIporated. All power and authority of the Association shall be
6
~S-VVoni898712
vested in the Board, unless action or approval by the individual Owners is specifically required
by the Governing Documents or the Act. All references to the Association shall mean the
Association acting through the Board, unless specifically stated to the contrary.
5.2 Ooerational Purooses. The Association shall operate and manage the Property for
the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges,
and liens set forth in the Governing Documents and the Rules and Regulations, (ii) maintaining,
repairing, and replacing those portions of the Property and other property for which it is
responsible, and (ill) preserving the value, and the architectural uniformity and character, of the
Property.
5.3 Bindine: Effect of Actions. All agreements and determinations made by the
Association in accordance with the powers and voting rights established by the Governing
Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in the
Act
5.4 Bvlaws. The Association shall have Bylaws. The Bylaws shall govern the
operation and administration of the Association, and shall be binding on all Owners and
Occupants.
5.5 Manae:ement. The Board may delegate to a manager or managing agent the
management duties imposed upon the Association's officers and directors by the Governing
Documents and the Act. However, such delegation shall not relieve the officers and directors of
the ultimate responsibility for the performance of their duties as prescribed, by the Governing
Documents and by law.
5.6 Rules and Ree:ulations. The Board shaH have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for
the purpose of operating and administering the affairs of the Association and regulating the use
of the Property; provided, that the Rules and Regulations shall not be inconsistent with the
Governing Documents or the Act. The inclusion in other parts of the Governing DocllI!lents of
authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in
limitation, of the authority granted by this Section. New or amended Rules and Regulations shall
be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets: Surplus Funds. AU funds and real or personal property
acquired by the Association shall be held and used for the benefit of the Owners for the purposes
stated in the Governing Documents. Surplus funds remaining after payment of or provision for
Common Expenses and reserves shall be credited against future Assessments or added to
reserves, as determined by the Board.
5.8 Resale Disclosure Certificates. Pursuant to Section 515B.4-107 of the Act, in the
event of a resale of a Unit by an Owner, that Owner shall furnish to the purchaser a resale
disclosure certificate containing the information required by Section 515B.4-107(b) of the Act.
Pursuant to Section 515B.4-1 07 (d) of the Act, the Association shall, within ten days (or within ,
such other relevant timeframe set forth in the Act) after a request by an Owner or the Owner's
~LS-VVoniB98712
7
authorized representative, furnish the resale disclosure certificate. The Association may charge a
reasonable fee fQr furnishing the resale disclosure certificate and any documents related thereto.
SECTION 6
ASSESSMENTS
6.1 General. Assessments shall be determined and assessed against the Units by the
Board, in its disctetion, subject to the requirements and procedures set forth in this Section 6 and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common EXpenses of the Association for that year which are to be shared equally
by all Units in accordance with the allocation set forth in Section 4.2. Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessment is levied, Declarant shall pay all Common
Expenses.
6.3 Soecial Assessments. In addition to annual Assessments, and subject to the
limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the pmpose of defraying in whole or in part (i) the cost of
any unforeseen and unbudgeted Common Expense, (ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Property, and (ill) the maintenance, repair,
or replacement of any part of the Property, and any fixtures or other property related thereto.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments, the Board has the authority to (and, in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among ouly certain Units in accordance with the
following requirements and procedures:
6.4.1 Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be.-assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, at the
Board's discretion, be assessed exclusively against the Unit or Units benefited.
8
MPLS-Word89871.2
6.4.3 The costs of common utilities, or utilities serving the Units but which are
commonly metered, may be assessed in proportion to usage (due to waste, or otherwise),
or such other reasonable allocation as may be approved by the Board.
6.4.4 The costs of insurance milY be assessed in proportion of the square footage
or actual cost per Unit.
6.4.5 Reasonable attomeys' fees and other costs incurred by the Association in
connection with (i) the collection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an Owner or
Occupant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, fines, and interest may be assessed as provided in
Section 14.
6.4.7 Assessments levied under Section 515B.3-Il6(a) of the Act to pay a
judgment against the Association may be levied only against the Units existing at the
time the judgment was entered, in proportion to their Common Expense liabilities.
6.4.8 If any damage to the Common Elements or another Unit is caused by the
act or omission of any Owner or Occupant, or their guests or invitees, the Association
may assess the costs of repairing the damage, or any increase in insurance rates directly
attributable to the Act or omission, exclusively against the Owner's Unit to the extent that
the damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallbcated for any purpose authorized
by the Act, Assessments and any installment thereof not yet due shall be recalculated in
accordance with the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.2 through 6.4.8 may, at the Board's discretion, be
assessed as a part of, or in addition to, other Assessments levied under Section 6. I or 6.2.
6.5 Workin!! Capital Fund. There shall be established a working capital fund to meet
unforeseen expenditures or to purchase additional equipment or services during the Association's
beginning years of operation. The Board shall include in each subsequent annual budget a
reasonable amount of working capital, based upon the anticipated needs of the Association for
the year in question. There shall be contributed, on a one-time basis upon the initial sale of each
Unit by Declarant, an amount equal to two monthly installments of the estimated annual
Assessment for the Unit in the year of the sale. The contribution shall be paid at the earlier of
the time of closing of sale of the Unit or the time of termination of the Declarant Control Period
The contributions to this fund are in addition to the regular installments of annual Assessments,
and shall not be a credit to the regular installments of annual Assessments levied against the
respective Unit. The funds shall be deposited into a segregated Association account no later than
the termination of the Declarant Control Period. Funds deposited in said account shall not be
used to defray any of Declarant's expenses, reserve contributions or construction costs, nor to
make up any budget deficits during the Declarant Control Period. However, upon the closing of
the initial sale of a Unit, Declarant may reimburse itself from funds collected from the purchaser
1{PLS-lVord898712
9
at the closing for any prior contributions made by Declarant to the working capital fund with
respect to that Unit
6.6 Liability of Owners for Assessments. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the later of (i) the time at which the Owner
acquires title to the Unit or (ii) the due date of the frrst Assessment levied against the Unit by the
Board. The Owner at the time an Assessment is payable with respect to the Unit shall be
personally liable for the share of the Common Expenses assessed against such Unit. Such
liability shall be joint and several where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liability for payment of Assessments by
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the .
Association or its officers, directors or agents, or for their failure to fu1fill any duties under the
Governing Documents or the Act
6.7 Assessment Lien. The Association has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the flISt installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section 515B.3-102(a)(IO), (11), and (12) of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of the Declaration constitutes
record notice and perfection of any lien under this Section 6, and no further recordation of any
notice of or claim for the lien is required. The release of the lien shall not release the Owner
from personal liability unless agreed to in writing by the Association.
6.8 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed
against a Unit under the laws of the state of Minnesota (i) by action, or (ii) by advertisement in a
like manner as a mortgage containing a power of sale. The Association, or its authorized
representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease,
mortgage, and convey any Unit so acquired. The Owner and any other Person claiming an
interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the
Association a power of sale and full authority to accomplish the foreclosure. The Association
shall, in addition to its other remedies, have the right to pursue any other remedy at law or in
equity against the Owner who fails to pay any Assessment or charge against the Unit.
6.9 Lien Priority: Foreclosure. A lien for Assessments is prior to all other liens and
encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration,
(ii) any first mortgage on the Unit, and (ill) liens for real estate taxes and other governmental
Assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage
on a Unit is foreclosed, (ii) the first mortgage was recorded on or after the date of recording of
this Declaration, and (ill) the Owner of the Unit does not redeem from the foreclosure during the
Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
the holder of the sheriff's certificate of sale from the foreclosure of the frrst mortgage shall take
title to the Unit subject to a lien in favor of the Association for unpaid Assessments or
instalhnents thereof levied pursuant to Sections 515B.3-115(a), (e)(l) to (3), (t), and (i) of the
Act which became due, without acceleration, during the six months immediately preceding the
first day following the end of the Owner's period of redemption.
10
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6.10 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
other charges and fees which would normally be levied against the Common Elements by
governmental authorities, shall be allocated equally among and levied against the Units, and .
shall be a lien against each Unit in the same manner as a lien for real estate taxes and real estate
special assessments levied against the Unit alone.
6.11 Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance
of a Unit the buyer shall not be personally liable for any unpaid Assessments and other charges
made by the Association against the seller or the seller's Unit prior to the time of conveyance to
the buyer, uDless expressly assumed by the buyer. However, the lien of such Assessments shall
remain against the Unit until released Any seller or buyer shall be entitled to a statement, in
recordable form, from the Association setting forth the llIl!ount of the unpaid Assessments
against the Unit, including all Assessments payable in the Association's current fiscal year,
which statement shall be binding on the Association, the seller, and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all secured parties, by their acceptance or assertion of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to
any other restrictions which may be imposed by the Act or the Governing Documents, the
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions:
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used, and
occupied subject to the Governing Documents and the Act, as amended from time to time. All
covenants, restrictions, and obligations set forth in the Governing Documents are in furtherance
of a plan for the Property, and shall run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an i1;tterest in the Property,
their heirs, personal representatives, successors, and assigns.
7.2 Subdivision or Conversion Prohibited Except for Units subdivided or converted
by Declarant pursuant to Section 16.3, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof. Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single family residential dwellings, and not for transient, hotel,
commercial, business, or other non-residential pUlposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve months or any occupancy
which includes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes.
~VV~898712
11
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in
any Unit or the Common Elements, except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided, that such use (i) is incidental to the residential use;
(ii) does not involve physical alteration or improvement of the Unit visible from the
exterior of the Unit; (ill) is in compliance with all governmental laws, ordinances, and
regulations; (iv) does not involve observable business activity such as signs, advertising
displays, unusual numbers of deliveries, or unusual levels of pedestrian or vehicular
traffic to and from the Unit; (v) does not involve employees, independent contractors, lor
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the other Units by their Owners or
Occupants.
7.4.2 Declarant may maintain offices, models, sales facilities, and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association may maintain offices on the Property for management
and related purposes.
7.5 Leasinl!. Leasing of Units shall be allowed (subject to reasonable regulation by
the Association) but only in accordance with the following conditions: (i) no Unit may be
subleased, (ii) a Unit must be leased in its entirety (not by room), (ill) the lease shall be in
writing, (iv) unless otherwise required in connection with the financing, guarantee, or insuring of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be for a
period less than twelve months, except for extenuating situations, (v) the lease shall provide that
it is subject to the Governing Documents, the Rnles and Regulations, and the Act, and that any
failure of the lessee to. comply with the terms of such documents shall be a default under the
lease, and (vi) prior to occupancy of the Unit by the lessee(s), the Association shall receive a
copy of the fully-signed lease along with a written list of the name and telephone number of each
Person who will occupy the Unit under the lease, and the absentee address of the leasing Owner.
The Association may impose such reasonable Rules and Regulations as may be necessary to
implement procedures for the leasing of Units, consistent with this Section and applicable law,
including but not limited to. (i) a requirement for a form addendum to be attached to each lease to
assure that the rights and authority of the Association and Owners and Occupants are recognized,
and (ii) a requirement for the screening of lessees through a reputable, professional screening
organization; provided, that such screening shall not violate federa1, state, or local discrimination
laws.
7.6. Delel!ation of Use. An Owner's right of use and enjoyment of the Unit shall be
automatically delegated to other persons living in the Unit pursuant to a legal right of possession;
provided, that such persons shall be subject to the Governing Documents and the Rules and
Regulations. Unless otherwise authorized in writing by the Board, if persons other than the
Owner or the Owner's family (e.g., lessees) have been given the legal right to possess the
Owner's Unit, then those persons shall have the right to use any recreational facilities, parking,
storage, and other amenities available by reason of occupancy of the Unit in lieu of the Owner
and the Owner's family.
12
MPLS-Word898712
7.7 Parki1ll!:. The garages and other parking spaces on the Property shall be used only
for parking of vehicles owned or leased by Owners and Occupants, and such other incidental
uses as may be authorized in writing by the Association. A garage shall not be converted to
other uses or used for storage or other purposes which would prevent the parking of a full size
automobile in the parking space, except as authorized in writing by the Association. The use of
the garages, other parking spaces, and driveways on the Property, and the types of vehicles and
personal property permitted thereon, shall be subject to regulation by the Association, including,
but not limited to, the right of the Association to tow illegally parked vehicles or to remove
unauthorized personal property.
7.8 Ganu!e Stalls. There are twenty-four Common Element vehicle garage stalls
(collectively the "Stalls," or individually a "Stall"), at least one of which shall be assigned to
each Unit at all times following the initial assignment of all Stalls. The operation and transfer of
the Stalls shall be administered by the Association in accordance with this Section 7.8. The
following conditions and restrictions shall govern the assignment, use, and transfer of the Stalls.
7.8.1 The initial assignment of a Stall to a Unit shall be made at the time of the
first conveyance of the Unit by Declarant..Upon the closing of the initial sale of a Unit,
Declarant shall assign to the Unit the exclusive right and license to use at least one Stall.
Each Stall assigned by Declarant shall be deemed to be licensed and assigned by the
Association to the Unit to which it is assigned. Declarant shall cause unassigned Stalls to
be similarly assigned, at least one to each Unit, on or before the conveyance of an Units
owned by Declarant. After all Units owned by Declarant have been conveyed, any
unassigned Stalls shall be deemed to be assigned to the Association, and may be reserved
for gnests of Owners and Occupants, for handicapped parking, or for rental or assignment
by the Association to Owners or Occupants, as determined by the Board The
Association may, after Declarant no longer owns any Unit, rent any unassigned Stalls to
Owners or Occupants.
7.8.2 The use rights with respect to each Stall shall be deemed to be licensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Association shall
maintain records identifying the Stalls, the Units to which they are assigned, the names of
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of the assignment (the "Certificate'') shall be delivered to the Owner upon
request. The Association shall not unilaterally reassign any Stall assigned to a Unit, and
reassignments shall be made only in accordance with Section 7.8.3. At least one Stan
shall remain assigned to each Unit at all times.
7.8.3 Subject to Section 7.8.2, a Stall license may be reassigned to another
Owner, but only by first delivering to the Association a written assignment, in form
approved by the Association, signed by the assignor and the assignee. The Association
shall review the proposed assignment for compliance with this Section 7.8, and if the
assignment complies, the Association shall transfer the license on its records to the Unit
owned by the assignee and issue a new Certificate to the assignee. The license to use the
Stall shall remain with the Owner and Unit to which it is assigned until the license is
reassigned in accordance with this Section 7.8. In the absence of a properly executed
assignment to the contrary, the license to use a Stall assigned to a Unit at the time of the
13
~LS-VVCIDd898712
. ,
Unit's conveyance shall be automatically assigned with the conveyance of title to the
Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or hertJnit
only to or by other Owners and Occupants. The lease or other use right shall be in
written form" and shall terminate when the lessor, lessee, or other user is no longer an
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the Stall assigned to that Owner's Unit, and shall promptly provide a copy
of the lease or use agreement to the Association. The Association may hold, reassign the
license for, Or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Stall which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other-security interest.
7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer of
any interest in a Stall in violation of this Section 7.8 shall be void.
7.8.7 The use of the Stalls, and the size and types of cars and other motorized
vehicles which may be kept in a Stall, are subject to Rules and Regulations as apptoved
from time to time by the Board. The Association shall apply for and maintain any
permits required for the Stalls by any governmental authority having jurisdiction over the
Stalls.
7.9 Anim.ls. The Board shall have the exclusive authority to regulate or prohibit, by
the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs, cats, small birds, small fish, and other animals generally recognized as
domestic household pets (collectively referred to as "pets") to be kept on the Property, subject to
the conditions set forth in this Section.
7.9.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.9.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any kind shall be raised or bred, or kept for business or
commercial purposes, by any Person upon any part of the Property.
7.9.3 Pets shall not be allowed to make an unreasonable amount of noise, or to
become a nuisance or a threat to the safety of Owners, Occupants, and their guests.
7.9.4 Pets shall be housed only within Units, and not within the Common
Elements. No structure, fence, or enclosure for the care, housing, or confinement of any
14
MPLS-Wmd 898712
pet shall be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.9.5 Pets shall be under control of an adult individual at all times when outside
of the Unit.
7.9.6 Owners and Occupants keeping pets within their Units are responsible for
the pet's behavior and for complying with municipal pet laws, ordinances, and
regulations. An Owner is liable to the Association for the cost of repair of any damage to
the Property, or the damages and expenses associated with any personal injury, caused by
an animal (i) kept by that Owner on the Property, (ii) kept on the Property by an
Occupant of that Owner's Unit, or (iii) brought upon the Property by a guest or invitee of
that Owner or that Occupant The owner of that animal (if not that Owner) shall also be
liable for such costs, damages, and expenses.
7.9.7 The Board shall have authority to determine in its sole and absolute
discretion whether a particular pet shall be permanently removed from the Property based
upon the pet's behavior or the failure of the pet's owner to comply with (i) this Section 7,
(ii) applicable govermnental restrictions, laws, or ordinances, or (iii) any additional
restrictions approved by the Board; provided, that such removal shall be subject to
Section 13.3.
7.9.8. Any fine, or costs for repair or injury, imposed upon an Owner for a
failure to comply with any pet restrictions shall be an Assessment against the Owner's
Unit
7.10 Ouiet Eniovment Interference Prohibited All Owners and Occupants and their
guests shall have a right of quiet enjoyment in their respective Units, subject to the rights of other
Owners and Occupants to reasonable use of their respective Units and the usual and customary
sounds generated thereby given the m]llti-family, apartment-style structure of the Building.
Taking into consideration the nature of the Building structure, Owners and Occupants and their
guests shall use and occupy the Property in such a manner as will not cause a nuisance or
distuIbance, nor unduly restrict, interfere with or impede the use and quiet enjoyment of the
Property by other Owners and Occupants and their guests.
7.11 Comnliance with Law. No use shall be made of the Property which would violate
any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use
be permitted which could cause waste to the Property, cause a material increase in insurance
rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense,
for the Association or any Owner or Occupant.
7.12 Imorovements. Except for those made by Declarant in consideration of its initial
sale of a Unit, no improvements (as defined in Section 8) shall be made, or caused or allowed to
be made, in any part of the Common Elements, or in any part of the Unit which affects the
Common Elements or another Unit, or which is visible from the exterior of the Unit, without the
prior written authorization of the Board, or a committee appointed by it, as provided in Section 8.
No Owner or Occupant shall (i) cause or permit any physical changes to his or her Unit that
could jeopardize or impair the weather-tight soundness or safety of the Building, or any Building
1{pLS~~ond898712
15
system, or other improvement located on the Property; or (ii) interfere with any easement
affecting the Property.
7.13 Time Shares Prohibited. The time share form of ownership, or any comparable
form of lease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.14 Access to Units. In case of emergency which constitutes an immediate and
material threat to the Property or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, without notice and at any time, by an officer or
member of the Board, by the Association's management agents, or by any public safety
personnel. Entry is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
SECTION 8
ARCffiTECTURAL STANDARDS
8.1 Restrictions on In1D1'ovements. One of the purposes of this Declaration is to
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structurally sound. Therefore, except as set forth in Section 8.5, the following restrictions and
requirements shall apply to improvements on the Property:
8.1.1 Subject to this Section 8, no modifications, improvements, repairs, or
replacements of any type, whether temporary or permanent, structural, aesthetic, or
otherwise (collectively referred to as "improvements"), including, but not limited to, any
structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door,
antenna or other type of sending or receiving apparatus, sign, flag, diaplay, decoration,
color change, shrubbery, material topographical or landscaping change, or any other
exterior improvements to or of a Unit or a Limited Common Element, shall be made, or
caused or allowed to be made, by any Owner or Occupant, or their invitees, in any part of
the Common Elements, or in any part of the Unit which affects the Common Elements or
another Unit, or which is visible from the exterior of the Unit, unless and until the plans
and specifications showing the nature, kind, shape, height, color, materials, and locations
of the improvements shall have been approved in writing by the Board.
8.1.2 The Board may appoint, supervise and disestablish an architectural
committee, and specifically delegate to it part or all of the functions which the Board
exercises under this Section 8, in which case the references to the Board shall refer to the
architectural committee where appropriate. The architectural committee shall be subject
to the supervision of the Board.
8.1.3 The Board shall establish the criteria for approval of improvements, which
shall (i) adequately protect the Property, the Association, and the Owners and Occupants,
from liability and liens arising out of the proposed improvements or any construction
activity in connection therewith, and (ii) comply with all govemmentallaws, codes, and
16
~LS-~ani898712
regulations. The criteria for approval of improvements shall include and require, at a
minimum:
8.1.3.1 substantial uniformity of color, location, type, and design in
relation to existing structures and topography,
8.1.3.2 comparable or better quality of materials as nsed in existing
improvements on the Property,
8.1.3.3 ease of maintenance and repair,
8.1.3.4 adequate protection of the Property, the Association, the Owners,
and the Occupants from liability and liens arising out of the proposed
improvements,
and
8.1.3.5 substantial preservation of other Owners' sight lines, if material,
8.1.3.6 compliance with governmental laws, codes, and regulations.
8.1.4 The Board, or the appointed architectural committee if so authorized by
the Board, shall be the sole judge of whether such criteria are satisfied. The pmpose bf
the criteria established by the Board shall be (i) to preserve the architectura1 style and
uniformity, the quality and value of the Property, and (ii) to protect the Association and
the Owners from undue liability arising out of the alterations or any construction activity
in connection therewith.
8.1.5 Improvements may be made in compliance with Section 515B.2-113 of
the Act, and relocation of the boundaries of the Units may be made in compliance with
Section 515B.2-1l4 of the Act.
8.1.6 Approval of improvements that encroach minimally upon another Unit or
the Common Elements or which essentially continue an existing encroachment created in
the course of construction of the Building and Units, shall create an appurtenant easement
for such encroachment in favor of the Unit with respect to which the improvements are
approved, notwithstanding any contrary requirement in the Governing Documents or the
Act A file of the resolutions approving all improvements shall be maintained
permanently as a part of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
improvements under this Section 8:
8.2.1 Detailed plans, specifications, and related information regarding any
proposed improvement, in form and content acceptable to the Board, shall be submitted
to the Board (or the committee) and to Declarant (as long as Declarant is the owner of a
Unit) at least sixty days prior to the projected commencement of construction. No
improvements shall be commenced prior to approval.
b{P~VVani898712
17
82.2 The Board (or the committee) and to Declarant (as long as Declarant is the
owner of a Unit) shall give the Owner written notice of approval or disapproval. If the
Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board (or the committee) and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that the improvements are done in accOrdance with the plans,
specifications, and related information which were submitted.
8.2.3 If no request for approval is submitted, approval shall be deemed to be
denied.
8.3 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attorneys' fees and costs of enforcement
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each of the Owner's Units and be a personal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
of the Building or that Unit to the prior condition if any improvements were made in violation of
this Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a
lien against each of the Owner's Units.
8.4 Owner ResDonsibilitviIndemnitv. An Owner who causes an improvement to be
made, regardless of whether the improvement is approved by the Board, shall be responsible for
the construction work and any claims, damages, losses, or liabilities arising out of the
improvement. The Owner, and not the Association, is responsible for determining whether any
improvement is in violation of any restriction imposed by any governmental authority having
jurisdiction over any portion of the Property. The Owner shall hold harmless, indemnify, and
defend the Association, and the Association's officers, directors, committee members, and
management agents, from and against any expenses, claims, damages, losses, or other liabilities,
including without limitation attorneys' fees and costs of litigation, arising out of (i) any
improvement which violates any governmental laws, codes, ordinances, or regulations, (ii) the
adequacy or inadequacy of the specifications or standards for construction of the improvement,
and (Hi) the construction of the improvement.
8.5 ExemDtions. The requirements set forth in this Section 8 (except Section 8.4)
shall not apply to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in connection
with its sale of Units.
8.5.2 The installation of the following antennas within a Unit or within a
Limited Common Element, as permitted by applicable law: (i) one antenna one meter or
less in diameter for the purpose of receiving direct broadcast/satellite service or video
progi""mming services, or (ii) any antenna for receiving television broadcast signals.
However, the Board or a committee appointed by it, may require that the antenna be
installed so as to minimize its visibility from the front of the Unit and otherwise'
camouflage its appearance, unless such requirements would violate applicable law. The
18
MPLS-Word 89871.2
Board shall have authority to impose further, reasonable related requirements consistent
with law. The Owner or Occupant of the Unit shall perform and pay for the installation,
maintenance, and repair of the installation.
8.5.3 Improvements permitted by the Rules and Regulations.
SECTION 9
MAINTENANCE
9.1 Maintenance bv Association. Subject to Section 9.2, the Association shall provide
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"maintain") of the Common Elements and the Limited Common Elements, in accordance with,
and subject to, the following qualifications:
9.1.1 The cost of maintenance of a Limited Common Element required to be
undertaken by the Association shall be assessed against each Unit to which the Limited
Common Element is allocated. The Association may assign to an Owner the obligation
for routine maintenance of a Limited Common Element allocated to the Owner's Unit.
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The
Association shall have an easement on, over, and through that Unit and the Limited
Common Element for pwposes of performing said maintenance.
9.1.2 The Association shall be responsible for incidental damage caused to a
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section.
9.1.3 If damage to the Cornmon Elements, the Limited Common Elements, or
other Units, is caused by an Owner or such Owner's occupants, gnests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the damage or correct the
condition, charge the Owner for the cost of the maintenance, and assess the cost thereof
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
this Section 9.1. The Association shall have an easement on, over, and through that Unit
and the Limited Common Elements for the pwposes of performing said repair or
correction.
9.1.4 Notwithstanding the assignment of any maintenance obligations to an
Owner, the Association shall have authority to approve any maintenance which affects
any part of the Property other than the Unit, which may impair any easement, or which
alters the appearance of the Property as seen from outside the Unit.
9.2 Ontional Maintenance by Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approval of a majority of votes cast in person or by
proxy at a meeting called for such pwposes, or by written ballot, undertake to provide
maintenance to parts of the Units.
MPLS-Word 89871.2
19
9.3 Costs of Maintenance bv Association. All maintenance performed by the
Association under this Section 9 shall be funded by annual Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner ResDonsibilitv. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and replacement as follows:
9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sanitary
condition, and to maintain the Limited Common Elements allocated to the Owner's Unit
to the extent assigned to the Owner under Section 9.1.1.
9.4.2 To perform the responsibilities in such manner as not to damage the
Property, or unreasonably disturb or cause a hazard to other Persons occupying or using
the Property; and
9.4.3 To promptly pay or..reimburse the Association for any costs incurred by
the Association for the repair of any damage to the Common Elements, the Limited
Common Elements, or other Units, caused by the Owner or Occupant, or his/her/its
invitees, or caused by any condition in the Unit or the Limited Common Elements which
the Owner or Occupant has allowed to exist.
The Association may, with the approval of the Members, undertake any
maintenance of a Unit which the responsible Owner fails to or improperly performs, and
assess the Unit and the Owner for the cost thereof. Such cost shall be a personal
obligation of the Owner and a lien against the Owner's Unit. Owners and Occupants
shall promptly notify the Association of defects in or damage to those parts of the
Property which the Association is obligated to maintain. The Board may require that the
Owners perform their maintenance obligations in accordance with standards established
by the Association.
9.5 Waste of Common Utilities or Commonlv Metered Utilities. An Owner or
Occupant of a Unit shall not cause waste, or unreasonable use, of common utilities or utilities
that serve the Unit but which are commonly metered. In the event the Association determines
that such waste or unreasonable use is occurring, the Association shall have the authority to levy
against the Unit (under Section 6.4, or otherwise), and charge to that Owner, the costs, charges,
and fees (whether billed by the utility provider, or otherwise) associated with that waste or
unreasonable use. Such costs, charges, and fees shall be calculated by the Association using
reasonable methods. Notwithstanding any provision to the contrary in this Declaration, the
Association may repair or correct any condition (and enter upon any Unit and Limited Common
Element to do so) causing the waste or unreasonable use. The cost of the repair or correction
may, at the Board's discretion. be assessed against the Unit, and may, at the Board's discretion,
be the personal obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on ChanlZes to the Prooertv. Except as permitted by this Declaration,
no Owner or Occupant shall, without prior written authorization from the Board in accordance
with Section 7.12:
20
~LS-~ord898712
9.6.1 Cause or permit any physical or aesthetic changes or alterations, whether
temponny or permanent, to be made to a Unit or the Common Elements, if such change
or alteration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Common
Elements that could jeopardize or impair the weather-tight integrity, safety or soundness
of any part of the Property, any system or equipment on or within the Property, or any
other improvement located on the Property.
9.6.3 Interfere with or otherwise impair any easement.
9.7 Duty to Reoort Defects. OwnerS or Occupants shall promptly report to the
Association any defect or need for repair to those parts of the Property which the Association is
obligated to maintain.
9.8 Damlll!e Caused bv Owner. Notwithstanding any provision to the contrary in this
Declaration, if; in the judgment of the Association, the need for maintenance of any part of the
Property is caused by the wil1:fu1 or negligent act or omission of an Owner or Occupant, the guest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfully or negligently allowed to exist, the Association may cause such
damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Element to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obligation of the Owner and a lien
against that Owner's Unit.
SECTION 10
INSURANCE
10.1 Recuired Coverasze. The Association shall obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirements set forth herein issued by one or more than
one reputable insurance company authorized to do business in the state of Minnesota, as follows:
10.1.1 Property insurance in broad form covering all risks of pbysicalloss in an
amount equal to one hundred percent of the insurable "replacement cost" of the Property,
exclusive of: (i) deductibles; and (ll) land, footings, excavation and other items normally
excluded from coverage (but including all building service equipment and machinery).
The Association, at its sole discretion, mayor may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments regardless of when installed, and any other items referred to in Section
515B.3-113(b)(i) through (vii) of the Act, but must do so if required by the Federal
National Mortgage Association ("FNMA''), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA''), or the secretary
of Veteran's Affairs ("VA"). and (iv) business equipment and other improvements and
betterments installed within the Units. The policy or policies shall cover personal
property owned by the Association. The policy or policies shall also contain "Inflation
21
MPLS-Wo.rd89871..2
Guard" and "Agreed Amounf' endorsements, if reasonably available. Such policy or
policies shall include such additional endorsements, coverages and limits with respect to
the foregoing and other hazards as may be required from time to time by the regulations
of the FHA, VA, FNMA or FHLMC as a precondition to their insuring, purchasing or
financing a mortgage on a Unit. The Board may also, on behalf of the Association, enter
into binding written agreements with a mortgagee, insurer or servicer, including without
limitation the FHA, VA, FNMA or FHLMC, obligating the Association to keep certain
specified coverages or endorsements in effect
10.1.2 Commercial general liability insurance covering the use, operation., and
maintenance of the Common Elements, with minimum limits of one million dollars per
occurrence, against claims for death, bodily injury, property damage, and such other risks
as are customarily covered by such policies for projects similar in construction, location
and use to the Property. The policy shall contain a "severability of interest" endorsement
which shall preclude the insurer from denying the claim of an Owner or Occupant
because of negligent acts of the Association or other Owners or Occupants. The policy
shall include such additional endorsements, coverages and limits with respect to such
hazards as may he required by the regulations of the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring, purchasing, or fmancing a mortgage on a Unit.
10.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees, or persons responsible for handling
funds belonging to or administered by the Association, if deemed to be advisable by the
Board or required by the regulations of any financing-related institution as a precondition
to the purchase, insuring, guarantee, or financing of a mortgage on a Unit The fidelity
bond or insurance shall name the Association as the named insured, and shall comply
with the regulations of the FNMA, FHLMC, FHA or VA, if required by one of such
agencies as a precondition to the purchase, financing, insuring, or guarantee of a
mortgage on a Unit. An appropriate endorsement to the policy to cover any persons who
serve without compensation shall be added if the policy would not otherwise cover
volunteers, or a waiver of defense based upon the exclusion of persons serving without
compensation shall be added.
10.1.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer's liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Board may determine from time to time to he
in the best interests of the Association and the Owners.
10.2 Premiums: Tmnrovements: Deductibles. Except as provided in Section 6.4, all
insurance premiums shall be assessed and paid as part of an annual Assessment. If
improvements and betterments to the Units are covered by the Association's property insurance,
any increased cost may be assessed against the Units affected. The Association may, in the case
of a claim for damage to one or more than one Unit, (i) pay the deductible amount as a Common
Expense, (ii) assess the deductible amount against one or more than one Unit affected in any
reasonable manner, or (ill) require the Owners of one or more than one Unit affected to pay the
MPLS-Word 89871.2
22
deductible amount directly. The Association's decision as to who shall be charged with paying
the deductible amount may, but need not, be based on fault. Notwithstanding anything to the
contrary in this Section 10, the Association may, in the case of claim against the Association's
property insurance, assess the deductible amount against all of the Units equally in the event that
the deductible amount is calculated by the insurance company based upon the percentage of the
value or cost (replacement or otherwise) of one or more than one Unit or l3uilding.
10.3 Loss Pavee: Insurance Trustee. All insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be payable to, the
Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the
Owners and secured parties which suffer loss. The Association, or any insurance trustee selected
by it, shall have exclusive authority to negotiate, settle, and collect upon any claims or losses
under any insurance policy maintained by the Association.
10.4 Roourred Policv Provisions. All policies of property insurance carried by the
Association shall provide, if practicable, that:
10.4.1 Each Owner and secured party is an insured Person under the policy with
respect to liability arising out of the Owner's interest in the Common Elements or
membership in the Association.
10.4.2 The insurer waives its right to subrogation under the policy against any
Owner or member of the Owner's household and against the Association and members of
the Board.
10.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
control.
10.4.4 If at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property covered by the policy, the Association's policy
is primary.
10.5 Cancellation: Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be
the primary insurance where there is other insurance in the name of the Owner covering the same
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees.
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "gap coverage" or an "H06" policy) at his or
her own expense covering fire and other casualty to the interior of the Unit, and the Owner's
23
~LS-VVord898712
personal property and personal liability. Insurance policies maintained by Owners are without
contribution as against the insurance purchased by the Association, except as to deductible
amounts or other items not covered under the Association's policies. Upon request by the
Association, an Owner shall immediately provide to the Association a copy of the certificate( s)
of insurance coverage evidencing the insurance required by this Section 10.7.
SECTION 11
RECONSTRUCTION, CONDEMNATION, AND EMINENT DOMAIN
11.1 Reconstruction. The obligations and procedures for the repair, reconstruction, or
disposition of the Property following damage or destruction thereof shall be governed by the Act
Any repair or reconstruction shall be commenced as soon as practicable after the casnalty and
shall be substantially in accordance with the plans, specifications, and design of the Property as
initially constructed and subsequently improved. Notice of substantial damage or destruction
shall be given as provided in Section 15.10.
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the
Property by condemnation or eminent domain, the provisions of the Act shall govern; provided,
(i) that notice shall be given as provided in Section 15.10, (ii) that the Association shall be the
attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements, or
agreements, and (iii) that any awards or proceeds shall be payable to the Association for the
benefit of the Owners and the mortgagees of their Units. Eligible Mortgagees shall be entitled to
priority for condemnation awards in accordance with the priorities estsbIished by the Act and the
Governing Documents, as their interests may appear.
11.3 Termination and Liouidation. The termination of the Condominium, and the
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds
shall be based upon the value of the Units as determined by their relative value for property
insurance purposes, and shall be made to Owners and their mortgage holders, as their interests
may appear, as provided in the Act.
11.4 Notice. The Association shall give written notice of any condemnation
proceedings or substantial destruction of the Property to the Eligible Mortgagees entitled to
notice under Section 15.10.
11.5 Association's Authoritv. In all cases involving reconstruction, condemnation,
eminent domain, termination or liquidation of the Condominium, the Association shall have
authority to act on behalf of the Owners in all proceedings, negotiations, and settlement of
claims. All proceeds shall be payable to the Association to hold and distribute for the benefit of
the Owners and their mortgage holders, as their interests may appear, in accordance with the Act
SECTION 12
EASEMENTS
The following appurtenant easements and rights are hereby granted, conveyed; dedicated,
and reserved on, over, under, and across the Property, as applicable.
bfP~VVonf898712
24
12.1 Utilities. Services. and Doeratinl! Svstems. The Common Elements and the Units
shall be subject to and benefited by nonexclusive easements in favor of the City, the Association
and all utility companies and other service providers for the installation, use, maintenance, repair
and replacement of all utilities, services and common operating systems, such as natural gas,
electricity, cable TV, security, telephone and other electronic communications, water, sewer,
septic systems, wells, and similar services, fire control systems and other common operating
systems, and metering and control devices, which exist, which are constructed as part of the
Property or the Additional Real Estate, which are approved by the City, which are approved by
the Association under authority contained in the Governing Documents or the Act, or which are
described or referred to in the Plat, this Declaration, or other recorded instruments. Each Unit,
and the rights of the Owners and Occupants thereot: shall also be subject to and benefited by a
non-exclusive easement in favor of the other Units, the Common Elements, and the Association
for all such utilities, services, fire control systems, and other common operating systems.
Utilities and related services or systems shall be installed, used, maintained, and repaired so as
not to interfere with the use and quiet enjoyment of the Units by the Owners and Occupants, nor
affect the structural or architectural integrity of a Building, the Units, or the Common Element
improvements.
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of the Property, for improvements which are added in
compliance with Section 7.10, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes, an easement shall exist for the encroachment, for .the use, enjoyment, and
habitation of any encroaching Unit or improvement, and for the maintenance thereof.
Improvements or alterations added pursuant to Section 7.10 shall be limited to minor
encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as required by this Declaration. Such easements shall
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Structural SUDDort Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in all walls,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building, or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access
to and from public roadways and wa1kways on and across those portions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Plat, or otherwise designated by the Association, subject to any restrictions authorized by the
Governing Documents or the Rules and Regulations.
12.5 Shared Drivewav Easement. There is a recorded in the office of the County
Recorder in and for Hennepin County, Minnesota, as Document No. , a
Declaration of Easements (Shared Driveway), under which certain Units, the Owners, and
Occupants are granted the right to access certain garages and other parking areas located on the
Additional Real Estate. The maintenance responsibilities and the allocation of costs for the
h{PLS-VV~898712
25
.
maintenance with regard to the shared driveway are set forth in the Declaration of Easements
(Shared Driveway).
12.6 Maintenance. Reoair. Reolacement. and Reconstruction. Each Unit, and the rights
of the Owners and Occupants thereof, and the Common Elements and Limited Common
Element, shall be subject to and benefited by the nonexclusive easements in favor of the
Association and its agents for the maintenance, repair, replacement, and reconstruction of the
Common Elements, the Units, and other improvements located within the Units, and utilities
serving the Units, to the extent necessary to fulfill the Association's obligations under the
Governing Documents. Each Owner shall afford to the Association and its management agents
and employees, access at reasonable times and upon reasonable notice, to and through the
Owner's Unit and its Limited Common Elements for maintenance, repair, and replacement;
provided, that access to the Unit and its Limited Common Elements may be had without notice
and at any time in case of emergency.
12.7 Public Safety and Health Access. There are nonexclusive easements in favor of
the City and other applicable goverfunents1 authorities or agencies as shall from time to time
have jurisdiction over the Property, on and across drives, walkways, parking areas, and other
open space areas of the Property for reasonable access to perform such duties related to law
enforcement, fire protection, life safety, health, and sanitation as are reasonably required from
time to time. Such easements shall include access through and into the affected Units and
Limited Common Elements in the case of an emergency.
12.8 EmerlZencv Access. In case of emergency or perceived threat to public health or
safety, all Units and Limited Common Elements are subject to an easement in favor of the
Association for access, without notice and at any time, by an officer or member of the Board, by
the Association's management agents, or by any public safety personnel The Board may require
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choice, or
with the Association, and to advise the Association's management agent or the Board of the
locations of the keys, so as to allow access for emergencies when the Owner or Occupant is
absent from the Property for extended periods.
12.9 Recorded Easements. The Property shall be subject to such other easements as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening the Property shall be construed in a manner consistent with, and not in conflict with,
the easements created by this Declaration.
12.10 DrainalZe Easements. The Common Elements shall be subject to nonexclusive
easements for storm water drainage in favor of the Owners and Occupants for reasonable storm
water drainage, and other normal site drainage, over those parts of the Common Elements which
may be designed, improved, or graded for such purposes.
12.11 Use and Eniovrnent Easements. There are nonexclusive easements in favor of the
Owners and Occupants of the Units for use and enjoyment on and across the Common Elements,
and for exclusive use and enjoyment of any Limited Common Elements allocated to the Unit,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulations.
26
MPLS-Ward89871.2
12.12 Declarant Rie:hts and Easements. The Units and the Common Elements are
subject to exclusive easements and rights in favor of Declarant for the exercise of its declarant
rights as described in the Governing Documents.
12.13 Duration. Restrictions. and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shaIl run with the land unless otherwise expressly indicated,
and shall be subject to the following qualifications:
12.13.1 The easements shaIl supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
12.13.2 The easements shall be subject to reasonable regulation by the
Association and shall be subject to such reasonable limitations as to location and routing
as may be established by the Association or any governmental authority.
12.13.3 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements located thereon.
12.13.4 No Person shaIl materially restrict or impair any easement benefiting or
burdening the Property, or any equipment or improvements relating to the easement,
subject to the Declaration and the right of the Association to impose reasonable Rules and
Regulations governing the use of the Property.
12.13.5 No improvement shall be erected or maintained, no excavation, grading
or reshaping shall be undertaken, and no fill or other material shall be placed, in an
easement area, which may damage or interfere with the installation, use, or maintenance
of such area, or which may change or impede the intended flow of water through any
drainage easement area.
12.13.6 Persons exercising easement rights shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
all costs incurred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and (iv) hold harmIess, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easement
rights.
12.13.7 Declarant's easement rights described in this Declaration shaIl
terminate when Declarant no longer owns a Unit.
12.13.8 No grant, dedication, or creation of an easement under this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Common Elements be and remain private property
subject to operation and regulation by the Association, and that the Units be and remain
private property subject to operation and regulation by the respective Owners thereof
and/or the Association, as applicable, all in compliance with the Governing Documents.
27
MPLS-Word 89871.2
12.14 Restriction on Third Party Basement Grants. Except for Declarant in the exercise
of its rights under this Declaration, and except for the Board in the exercise of authority granted
by the Governing Documents, no Person shall create, grant, or convey any easement or
comparable rights upon any portion of the Property without the prior written approval of the
Board; provided, that the Board shall authorize an Owner to grant an easement over the Owner's
Unit if (i) the easement will not adversely affect the Common Elements or another Unit and (ii)
the easement is consistent with the overall design and plan for the Property as established by
Declarant and approved by the City.
12.15 Continuation and Scone of Easements. Notwithstanding anything in this
Declaration to the contrary, no Owner or Occupant shall be denied reasonable access to his or
her Unit or the right to utility services thereto. The easements set forth in this Section12 shall
supplement and not limit any easements described elsewhere in this Declaration or recorded, and
shall include reasonable access to the easement areas through the Units and the Common
Elements for purposes of maintenance, repair, replacement, and reconstruction. All easement
rights shall include a right of reasonable access to maintain, repair, and replace the utility lines
and related equipment.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Act, the Governing
Documents, and the Rules and Regulations, and such amendments thereto as may be made from
time to time, and the decisions of the Association. A failure to comply shall entitle the
Association to the relief set forth in this Section, in. addition to the rights and remedies authorized
elsewhere by the Governing Documents and the Act.
13.1 Entitlement to Relief The Association may commence legal action to recover
sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any
combination thereof, or an action for any other relief authorized by the Governing Documents or
available at law or in equity. Legal relief may be sought by the Association against any Owner,
or by an Owner against the Association or another Owner, to enforce compliance with the
Governing Documents, the Rules and Regulations, the Act, or the decisions of the Association.
However, no Owner may withhold any Assessments payable to the Association, or take (or omit)
other action in violation of the Governing Documents, the Rules and Regulations, or the Act, as a
measure to enforce such Owner's position, or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrative or legal, the Association shall have the right, but not the obligation, to implement
anyone or more of the following actions against Owners and Occupants and/or their guests, who
violate the provisions of the Governing Documents, the Rules and Regulations, or the Act:
13.2.1 Commence legal action for damages or equitable relief in any court of
competent jurisdiction.
28
IYfPLS-Word 898712
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
installment thereof; such interest to accrue beginning on the first day of the month
following the month for which the Assessment or Installment was due.
13.2.3 In the event of default of more than thirty days in the payment of any
Assessment or installment thereof, all remaining installments of Assessments assessed .
against the Unit owned by the defaulting Owner may be accelerated and shall then be
payable in full if all delinquent AsseSsments or installments thereof; together with all
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defaulting Owner.
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act, the Governing Documents, or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided, that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities
service and access to the Unit. Such suspensions shaJJ be limited to periods of default by
such Owners and Occupants in their obligations under the Governing Documents, and for
up to thirty days thereafter, for each violation.
13.2.6 Restore any portions of any Common Elements, Unit, or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any Owner or
Occupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall.
have an easement to carry out its authority under this Section 13.2.6.
13.2.7 Enter any Limifed Common Element or Unit in which, or as to which, a
violation or breach of the Governing Documents exists which materially affects, or is
likely to materially affect in the near future, the health or safety of the other Owners or
Occupants, or their guests, or the safety or soundness of any Unit or other part of the
Property or the property of the Owners or Occupants, and to summarily abate and
remove, at the expense of the offending Owner or Occupant, any structure, thing, or
condition in the Unit or Limited Common Elements which is causing the violation;
provided, that any improvements which are a part of a Unit may be altered or removed
only pursuant to a court order or with the agreement of the Owner. The Association shaJJ
have an easement to carry out its authority under this Section 13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Governing
Documents or under law, in the manner provided by the Act.
13.3 Rililits to Hearinl!. In the case of imposition of any of the remedies authorized by
Section 7.8.7, 15.2.4, 15.2.5, 15.2.6, or 15.2.7, the Board sIian, upon written request of the
offending Owner, grant to the offending Owner a hearing as contemplated by the Act and this
Section 15.3. The hearing may be held before the Board or a committee of three or more
disinterested Owners appointed by the Board. The offending Owner shaJJ be given notice of the
nature of the violation and the right to a hearing, and at least ten days within which to request a
29
MPLS-Woxd 89871.2
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of
receipt of the hearing request by the Board/committee, and with at least ten days prior written
notice to the offending Owner. If the offending Owner fails to request, or to appear at, the
hearing, then the right to a hearing shall be waived and the Board/committee may take such
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The
decision of the Board/committee and the rules for the conduct of hearings established by the
Board/committee, shall be final and binding on all parties. The Board's1committee's decision
shall be delivered in writing to the offending Owner within ten days following the hearing, if not
delivered to the offender at the hearing. Any fmes to be imposed by the Association may, at the
Board' s1Committee' s discretion, be retroactive to the date of the violation or offense. **
13.4 Lien for Assessments. Charees. Etc. Any Assessments, charges, fines, expenses,
penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner or
Occupant against whom the same are imposed and the personal obligation of such Owner in the
same manner and with the same priority and effect as Assessments under Section 6. The lien
shall attach as of the date of imposition of the remedy, but shall not be final as to violations for
which a hearing is held until the Board makes a written decision at or following the hearing. All
remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
deemed a waiver of the Association's right to pursue any other remedy.
13.5 Costs of Proceedine and Attornevs' Fees. With respect to any collection
measures, or any measures or action, legal, administrative, or otherwise, which the Association
takes to. enforce the provisions of the Act, the Governing Documents, or the Rules and
Regulations, whether or not finally determined by a court or arbitrator, the Association may
assess the Unit owned by the violator with any expenses incurred in connection with such
enforcement, including without limitation fines or charges previously imposed by the
Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the
delinquent amounts owed to the Association. Such expenses shall also include any collection or
contingency fees or costs charged to the Association by a collection agency or other Person
acting on behalf of the Association in collecting any delinquent amounts owed to the Association
by an Owner or Occupant. . Such collection or contingency fees or costs shall be the personal
obligation of the Owner and shall be a lien against the Owner's Unit.
13.6 Liability for Acts of Owners and Occuoants. An Owner shall be liable for the
expense of any maintenance, repair, or replacement of the Property rendered necessary by such
Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit, to the extent
that such expense is not covered by the proceeds of insurance carried by the Association or such
Owner or Occupant. However, any insurance deductible amount and/or increase in insurance
rates, resolting from the Owner's acts or omissions may be assessed against the Owner
responsible for the condition and against his or her Unit.
13.7 Enforcement by Owners. The provisions of this Section shall not limit or impair
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Regulations, and the Act, as provided therein.
MPLS-Word89871.2
30
SECTION 14
AMENDMENTS
14.1 ApProval ReCluirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended only by the approval of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association; and
14.1.3 Dec1arant as to certain amendments as provided in Section 16; and
14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit
finance) as and ifreqnired by Section 15.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shall be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for all purposes, including without limitation, the recording of the amendment.
SECTION 15
RIGHTS OF ELIGffiLE MORTGAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligible Mortgagees shall have the following rights and protections:
15.1 Consent to Certain Amendments. Subject to Dec1arant's rights under Section 15,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
provision governing the following: (i) voting rights; (ii) increases in an annual Assessment
more than twenty-five percent over the prior year's annual Assessment; (ill) Assessment liens, or
priority of Assessment liens; (iv) reductions in reserves for maintenance, repair and replacement
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of
interests in the Common Elements or Limited Common Elements, or rights to their use;
(vii) redefinition of any Unit boundaries; (viii) convertibility of Units into Common Elements or
vice versa; (ix) expansion or contraction of the Property or the addition, annexation or
withdrawal of property to or from the Property; (x) hazard or fidelity insurance requirements;
(xi) imposition of material restrictions on the leasing of Units; (xii) imposition of any restrictions
on an Owner's right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property
(after a hazard damage or partial condemnation) in a manner other than that specified in the
Governing Documents; (xiv) any action to terminate the legal status of the Condominium after
MPLS-Word 898712
31
substantial destruction or condemnation occurs; or (xv) any provisions that expressly benefit
Eligible Mortgagees, or insurers or guarantors of mortgages.
15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, the
written consent of Eligible Mortgagees representing at least sixty-seven percent of the Units that,
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required to (i) abandon or terminate the Condominium; (ii) change the
allocations of voting rights, Common Expense obligations or interests in the Common Elements;
(iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, partition,
subdivide, encumber, or sell any Common Elements; or (v) use hazard insurance proceeds for
other than the repair, replacement or reconstruction of the Property, except as otherwise provided
by law.
15.3 Consent to Subdivision. No Unit may be partitioned or subdivided without the
prior written approval of the Owner and Eligible Mortgagee thereof, and the Association.
15.4 No Ril!ht of First Refusal. The right of an Owner to sell, transfer, or otherwise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Priority of Lien. Any Person who comes into possession ofa Unit by foreclosure
of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the first
mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any other
charges or liens imposed against the Unit by the Association which have accrued against such
Unit prior to the acquisition of possession of the Unit by said Person; (i) except as provided in
Section 6.9 and the Act and (ii) except that any umeimbursed Assessments or charges may be
reallocated among all Units in accordance with their interests in the Common Elements.
15.6 Priority of Taxes and Other Charszes. All taxes, Assessments and charges which
may become liens prior to the first mortgage under state law shall relate only to the individual
Units and not to the Property as a whole.
15.7 Priority for Condemnation Awards. No provision of the Governing Documents
shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the
Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The
Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority.
15.8 ReQuirements for Manal7e111ent AlZreements. The term of any agreement for
professional management of the Property shall not exceed two years. Any such agreement shall
provide for termination without penalty or termination fee by either party as follows: (i) with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii) without cause, upon a minimum of ninety, and a maximum of one hundred twenty, days prior
written notice.
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage loan against a Unit, shall have the right to examine the books
32
MPLS-Word898712
and records of the Association upon reasonable notice, during normal business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other
financial statements. Financial statements, including those which are audited, shall be avai4lble
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association shall cooPerate in having an audit made and a
copy given to the requesting party:
15.10 Notice Reauirements. Upon written request to the Association, identifying the
name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit
number or address, the holder, insurer or guarantor shall be entitled to timely written notice of:
15.10.1 a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association; and
15.10.4 a proposed action which requires the consent of a specified percentage of
Eligible Mortgagees.
SECTION 16
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section 5lSB.l-103(3l) of the Act for as long as
it owns a Unit, or for such shorter period as may be specifically indicated:
16.1 Comolete Imorovements. To complete each Building, Unit, and other
improvement indicated on the Plat, or otherwise included in Declarant's development plans or
allowed by the Declaration, and to make improvements in the Units and Common Elements to
accommodate the exercise of any special declarant rights.
16.2 Ril!hts to Relocate Boundaries and Subdivide and Convert Units. Declarant shall
have the exclusive right and authority to (i) relocate the boundaries of any Unit owned by it, or
(ii) create additional Units, Common Elements, and Limited Common Elements, or any
combination thereof, by the subdivision, partition, conversion, or combining of any Unit owned
by it
16.4 Relocate Boundaries and Alter Units. To relocate boundaries between Units and
to otherwise alter Units owned by it, to the extent permitted by the Act
16.5 Sales Facilities. To construct, operate, and maintain one or more than one model
Unit, and other development, sales, and rental facilities within the Common Elements, and
33
~~VVani898712
within any Units owned or leased by Declarant from time to time, located anywhere on the
Property or the Additional Real Estate.
16.6 ~. To erect and maintain signs and other sales displays offering the Units for
sale or lease, within any Unit owned by Declarant and on the Common Elements.
16.7 Easements. To have and use easements, for Declarant, Declarant's employees,
contractors, representatives, and agents and prospective purchasers, through and over the
Common Elements for the pUIpose of exercising its special declarant rights.
16.8 Control of Association. To control the operation and administration of the
Association, including without limitation the power to appoint and remove the members of the
Board pursuantto Section 515B.3-103 of the Act, until the earliest of: (i) voluntary slUTender of
control by Declarant, (ii) an Association meeting which shall be held within sixty days after
conveyance to Owners other than Declarant of seventy-five percent of the total number of Units
authorized to be included in the Property, or (ill) the date five years following the date of the first
conveyance of a Unit to an Owner other than Declarant Notwithstanding the foregoing, the
Owners other than Declarant shall have the right to nominate and elect not less than thirty-three
and one-third percent of the directors at a meeting of the Owners which shall be held within sixty
days following the conveyance by Declarant of fifty percent of the total number of Units
authorized to be included in the Property.
16.9 Consent to Certain Amendments. Declarant's written consent shall be required
for any amendment to the Governing Documents or the Rules and Regulations which directly or
indirectly affects Declarant's rights under the Governing Documents or the Act
SECTION 17
RIGHTS TO ADD ADDITIONAL REAL ESTATE
Declarant hereby expressly reserves the exclusive right to add the Additional Real Estate
to the Property, following its acquisition of title to the parcel being added, by unilaterally
executing and recording an amendment to this Declaration pursuant to Section 515B.2-111 of the
Act, subject to the following conditions. No additional Units may be created by the subdivision
or conversion of Units pursuant to Section 515B.2-1l2 of the Act.
17.1 Time Limitations. The right of Declarant to add the Additional Real Estate to the
Property shall terminate ten years after the date of recording of this Declaration or upon earlier
express written withdrawal of such right by Declarant or a successor Declarant, unless extended
by a vote of the Owners pursuant to Section 515B.2-106(2) of the Act. There are no other
limitations on Declarant's rights hereunder, except as may be imposed by law.
17.2 Seauence to Add. The Additional Real Estate is described in Exhibit C attached
hereto. The Additional Real Estate may be added to the Property in parcels consisting of one or
more platted or unplatted lots, or portions thereof, and in any sequence.
17.3 No Assurances of Addition. Declarant has no obligation to add the Additional
Real Estate to the Property. There are no assurances that any part of the Additional Real Estate
will be added to the Property, the order in which it will be added, the time it will be added, the
number of parcels per phase, or the size of the parcels. The Additional Real Estate may be
34
MPLS-Word 89871.2
developed by Declaxant or its successors in interest for other pUIposes, subject only to approval
by the appropriate governmental authorities.
17.4 Maximum Number of Units. The maximum number of Units that may be created
within the Additional Real Estate descn"bed as such on the date of this Declaration is thirty-six.
All Units created on the Additional Real Estate shall be restricted exclusively to residential use.
17.5 Annlicabilitv of Covenants. All covenants and restrictions contained in this
Declaration affecting the use, occupancy and alienation of Units shall apply to all Units created
on the Additional Real Estate.
17.6 Creation of Additional Easements. If any portion of the Additional Real Estate is
not added to the Properly (whether due to lapse of time or otherwise), Declaxant shall have the
right to exercise the following rights and create the following perpetual, non-exclusive easements
appurtenant to the Properly and/or the Additional Real Estate over, upon, and under portions of
the Common Elements, or the Additional Real Estate where indicated, all in accordance with the
following authority and conditions:
17.6.1 To create non-exclusive easements to install, connect, use, and maintain
any utility-related improvements constructed on any Additional Real Estate which is not
added to the Properly (hereinafter referred to as the "Excluded Parcel") and to
accommodate natural gas, water, stonn sewer, sanitary sewer, irrigation system, electrical
system, telephone system ot other utility line, cable TV or other electronic
communication lines, pipes, wires or other facilities which are or may be located within
or serve the Properly; and to do such other acts as are necessary in order to connect into
and/or to utilize such utility facilities.
17.6.2 To create non-exclusive easements for the pUIposes of: (i) affording the
Excluded Parcel and any improvements constrocted or to be constructed thereon with
reasonable access to and from a public road; (ii) installing, repairing, and maintaining
any streets, roads; or rights-of-way on which the easements may be located; and (ill)
performing such other acts as are necessary in order to afford any improvement
constructed or to be constructed on the Excluded Parcel with access to a public road. The
owner or owners of the Excluded Parcel shall be responsible for the restoration of any
part of the Properly which is disturbed in connection with the use of such easements.
The location of the easements shall be limited to the paved streets and roads existing
within the Common Elements or Additional Real Estate at the time or times that said
easements are created.
17.6.3 To the extent that the easements are not adequately established by this
Declaration, easements may be created from time to time as required to provide
reasonable access and utility services to the Properly and any Excluded Parcel.
Regardless of whether an easement under this Section 17.6 is created by Declaxant, no
consent or joinder of the Association or any Owner or any mortgagee or other secured
party in any Unit or the Excluded Parcel, nor any release therefrom, shall be required to
create the easements.
35
~LS-VVani898712
17.6.4 Each owner of the Excluded Parcel or of a platted lot within the Excluded
Parcel may at any time waive or terminate its easement rights (but not the easement
rights of others) by the execution and recording of an instrument specifying such waiver
or termination, and without the necessity of any consent or joinder by the Association,
any Owner, or any mortgagee or other secured party in any Unit or any part of the
Excluded ParceL Such waiver or termination shall not affect the rights or obligations of
any owner, occupant, or user of the Excluded Parcel arising prior to such t=ination.
17.6.5 If any easements created pursuant to this Section 17.6 do not materially
benefit the Association or the Property, then the owners of the Excluded Parcel shall pay
all expenses of maintaining, repairing, and replacing the roads, utility installations, and
related improvements to the extent that such expenses are not paid by the utility provider
or a governmental authority. If the easements benefit the Members and the owners or
occupants of the Excluded Parcel, then the Association and the owner of the Excluded
Parcel benefited by such easements shall, so long as the easements are in existence, share
all expenses of maintaining, repairing, and replacing the roads, utility installations, and
related improvements to the extent that such expenses are not paid by the utility provider
or governmental authority. The Association shall pay a portion of such expenses equal to
a fraction, the numerator of which is the number of Units, and the denominator of which
is the number of Units plus the total number of dwellings, lots, or other individual
residential parcels within the Excluded Parcel benefited by such easements. The balance
of the expenses shall be paid by the owner or owners of the Excluded Parcel benefited by
such easements. The portion of the expenses paid by the Association shall be a Common
Expense. Notwithstanding the foregoing, if the Excluded Parcel benefited by the
easements is used for other than residential purposes, then such costs and expenses shall
be apportioned to and shared by the Association and the owner or owners of the
Excluded Parcel based upon the relative usage of the easement area and improvements
located thereon.
17.6.6 All easements created pursuant to this Section 17.6 shall, to the extent
practicable, be located in roadway right-of-ways or other easement corridors approved by
the City, and shall be constructed and maintained in such a manner as to avoid undue
damage or disturbance to the Property or the Additional Real Estate. Parties installil1g or
maintaining the easement areas and any improvements therein, shall use due care in the
installation and maintenance of the easement areas, and shall be responsible for the
restoration of any damage done in connection with such installation, maintenance, or use
of the easements (subject to the requirements of Section 17.6.4).
SECTION 18
MISCELLANEOUS
18.1 Severability. If any t=, covenant, or provision of this instrument or any exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any other
portion of this Declaration or exhibits attached hereto.
36
MPLS-Word 89871.2
18.2 Construction. Where applicable, the masculine gender of any word used herein
shall mean the feminine or neutral gender, or vice versa, and the singular of any word used
herein shall mean the plural, or vice versa. References to the Act, or any sections thereof, shall
be deemed to include any statutes amending or replacing the Act, and the comparable sections
thereof.
18.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to a demand by the Association against Declarant for indemnification pursuant to the
Act, the Association shall promptly tender .the defense of the action to its insurance carrier, and
give Declarant (i) written notice of such tender, (ii) written notice of the specific nature of the
action, and (ill) an opportunity to defend against the action.
18.4 Notices. Unless specifically provided otherwise in the Governing Documents or
the Act, all notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective. upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
18.5 Conflicts Amon!! Documents. In the event of any conflict among the provisions
of the Act, the Declaration, the Bylaws, and any Rules or Regulations, the Act shall control
unless it permits the documents to control. As among the Declaration, the Bylaws, and any
Rules and Regulations, the Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
18.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Declaration shall be perpetual, subject only to termination as
provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigued has executed this instrument the day and
year first set forth above.
ROSALYN COURT PROPERTIES, LLC
J ss.
By:
Its: Chief Manager
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
2005, by John P. Roder, the Chief Manager of Rosalyn Court Properties, LLC, a Minnesota
limited liability company, on behalf of said limited liability company.
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R Krietzman, Esq.
FELHABER, LARSON, FENLON & VOGT, P A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402
(612) 373-8418
Notary Public
~LS-~oni898712
37
COMMON INTEREST COMMUNITY NO.
Condominium
ROSALYN COURT CONDOMINIUM
EXHIBIT A TO DECLARATION
UNDERLYING LEGAL DESCRIPTION OF THE PROPERTY
Lots 2 and 5, Block 1, Rosalyn Court, Hennepin County, Minnesota.
38
~VVord898712
COMMON INTEREST COMMUNITY NO. NO.
Condominium
ROSALYN COURT CONDOMINIUM
EXHIBIT B TO DECLARATION
SCHEDULE OF UNITS, AND ALLOCATION OF COMMON EXPENSES AND
UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
Allocation of Common Expenses and
Undivided Interests in the Common Elements
Unit Identifier
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1/24
1/24
1/24
1/24 ^
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
1/24
Total 24/24 (100%)
~~VVond898712
39
COMMON INTEREST COMMUNITY NO.
Condominium
ROSALYN COURT CONDOMINIUM
EXHIBIT B TO DECLARATION
ADDITIONAL REAL ESTATE
Lots 1,3, and 4, Block 1, Rosalyn Court, Hennepin County, Minnesota.
40
MPLS-Word89871.2
ROSALYN COURT CONDOMINIUM ASSOCIATION
BYLAWS
TABLE OF CONTENTS
Pal!e
SECTION 1 GENERAL ................................................................................................................ 1
SECTION 2 MEMBERSHIP .........................................................................................................1
2.1 Owners Defmed........................................................... ........................................................ 1
2.2 Registration of Owners and Occupants...........................................................................:... 1
2.3 Transfers................................... ........ ............ ....................................................................... 1
SECTION 3 VOTING ....................................................................................................................2
3.1 Entitlement .......................................................................................................................... 2
3.2 Authority to Cast Vote ........................................................................................................2
3.3 Voting by Proxy .................................................................................................................. 2
3.4 Voting by Written Ballot..................................................................................................... 2
3.5 Vote Required .....................................................................................................................3
SECTION 4 MEETINGS OF OWNERS....................................................................................... 3
4.1 Place ....................... ........................................................ ......... ............................................3
, 4.2 Annual Meetings ................................................................................................................. 3
4.3 Special Meetings ................................................................................................................. 3
4.4 Notice of Meetings ................... .... .............................................. ............ ................ .............3
4.5 Quorum/Adjournment .................. .......... .................. ...........................................................4
4.6 Voting Register ...................................................................................................................4
4.7 Agenda ........................................................................................................ ........................ 4
SECTION 5 ANNUAL REPORT .................................................................................................. 4
a. Expenditures............................................................ ............ ................................................4
b. Reserve Funds .....................................................................................................................4
c. Financial Statements ...........................................................................................................4
d. Litigation and Judgments ....................................................................................................4
e. Insurance ............................................................................. ...... .......................................... 4
f. Status of Assessments .........................................................................................................4
. SECTION 6 BOARD OF DIRECTORS........................................................................................ 5
6.1 Number and QuaIification...................................................................................................5
6.2 Term of Office................................... .................................. ........................ ...... .................. 5
6.3 Nominations .............. .................. ........................ .......................... ...................................... 5
6.4 Powers ................................................................................................................................. 6
6.5 Meetings and Notices ............... ...... ........ .................. .................... .... .............................. ..... 7
6.6 Quorum and Voting.............................................................................................................9
6.7 Action Taken Without a Meeting........................................................................................ 9
6.8 Vacancies ................... ......................................................................................................... 9
6.9 Removal.............................................................................................................................. 9
.6.10 Compensation...................... .............. .................................... .................................... .... 9
6.11 Fidelity BondslInsurance .............................................................................................. 9
6.12 Standard of Responsibility ..........................................................................................10
SECTION 7 OFFICERS ..............................................................................................................10
7.1 Principal Officers ..............................................................................................................10
7.2 Election........... ................................. ....................................... ............ .................... .... ....... 10
7.4 President. ........................................................................................................................... 10
7.5 Vice President ...................................................................................................................10
7.6 Secretary........................................................................................,................................... 10
7.7 Treasurer..................................................... ................ ...... ................................................. 10
7.~ Compensation.................................... ...................... ...................... ................ .............. ...... 11
7.9 Standard of Responsibility ................................................................................................11
SECTION 8 OPERATION OF THE PROPERTY ......................................................................11
8.1 Assessment Procedures .....................................................................................................11
8.2 Payment of Assessments ...................................................................................................12
8.3 Default in Payment of Assessments .................................................................................. 12
8.4 Foreclosure of Liens for Unpaid Assessments.................................................................. 13
8.5 Records............................................................................................................... ............... 13
8.6 Financial Review................. ...... .................... ...... .................. ........................ .................... 13
8.7 Enforcement of Obligations .............................................................................................. 13
SECTION 9 AMENDMENTS..................................................................................................... 14
9.1 Approval................................. ................................ .......................... ................................. 14
9.2 Notice ............. .......;.... .......... ......................... ............... ........ ........ .................. ................... 14
9.3 Effective Date; Recording.................................................................................................14
SECTION 10 INDEMNIFICATION ...........................................................................................14
SECTION 11 MISCELLANEOUS..............................................................................................14
11.1 Notices............................ ................................................. ...................................... ...... 14
11.2 Severability............... .... ........ ............................................ ...... ..................................... 14
11.3 Captions............................. ........ .... ........ .............. .............................. ................ .......... 14
11.4 Conflicts in Documents...............................................................................................14
11.5 Waiver ......................................................................................................................... 15
11.6 No Corporate Sea1.......................................................................................................15
11.7 Fiscal year................... ............................................ .................. .................... .............. 15
DRAFT
5/11/05
COMMON INTEREST COMMUNITY NO.
Condominium
ROSALYN COURT CONDOMINIUM ASSOCIATION
BYLAWS
SECTION 1
GENERAL
The following are the Bylaws of Rosalyn Court Condominium Association, a Minnesota
nonprofit corporation (the "Association''). The Association is organized pursuant to Minnesota
Statutes Chapter 317A, and Section 515B.3-101 of Minnesota Statutes Chapter 515B, known as
the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of operating and
managing Rosalyn Court Condominium (the "Condominium"), a condominium created pursuant
to the Act. The terms used in these Bylaws shall have the same meaning assigned to them in the
Declaration of Rosalyn Court Condominium (the "Declaration") and the Act. References to
section numbers in these Bylaws shall refer to sections of these Bylaws unless otherwise
indicated.
SECTION 2
MEMBERSHIP
2.1 Owners Defmed, All Persons described as Owners in Section 4 of the Declaration
shall be Members of the Association. No Person shall be a Member solely by virtue of holding a
security interest in a Unit. A Person shall cease to be a Member at such time as that Person is no
longer an Owner.
2.2 Registration of Owners and OccuDants. Upon acquiring ownership of a Unit,
each Owner of the Unit shall register with the Secretary of the Association, in writing, (i) the
name and address of each Owner and each Occupant of the Unit; (ii) the nature of such Owner's
interest or estate in. each Unit owned; (iii) the address at which the Owner desires to receive
notice of any meeting of the Owners, if other than the Unit address; and (iv) the name and
address of the secured party holding the first mortgage on the Unit, if any. The Owner shall have
a continuing obligation to advise the Association in writing of any changes in the foregoing
information.
2.3 Transfers. The interests, rights, and obligations of an Owner in the Association
may be assigned, pledged, encumbered, or transferred, but only along with and as a part of the
title to the Owner's Unit or as otherwise specifically authorized by the Governing Documents or
by law.
MPLS-Word 89939.2
SECTION 3
VOTING
3.1 Entitlement. Votes shall be allocated to each Unit as provided in the Declaration.
However, no vote shall be exercised as to a Unit while the Unit is owned by the Association.
3.2 Authority to Cast Vote. At any meeting of the Owners, an Owner included on the
voting register presented by the Secretary in accordance with Section 4.6, or the holder of such
Owner's proxy, shall be entitled to cast the vote which is allocated to the Unit owned by the
Owner. If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If
the Owners of a Unit fail to agree as to who shall cast the vote, or fail to register pursuant to
Section 2.2, the vote shall not be cast.
3.3 Votin!! bv Proxv. An Owner may cast the vote which is allocated to the Owner's
Unit and be counted as present at any meeting of the Owners by executing a written proxy
naming another Person entitled to act on that Owner's behalf, and delivering the same to the
Secretary before the commencement of such meeting. All proxies granted by an Owner shall be
effective until the earliest to occur of the following events: (i) revocation by the granting Owner
by written notice or by personally attending and voting at the meeting for which the proxy is
effective, (ii) the date specified in the proxy, but in no case later than three years from date of
execution of the proxy, (iii) eleven months after execution of the proxy if no date is specified in
the proxy, or (iv) the time at which the grsnting Owner is no longer an Owner.
3.4 Votin!! by Written Ballot. The entire vote on any issue to be approved or voted
upon by the Owners, except the election or removal of directors, may be determined by written
ballots, subject to the following requirements.
a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate the
number of responses needed to meet the quorum requirements, (iii) state the
percentage of approvals necessary to approve each matter other than election or
removal of directors, and (iv) specifY the time by which a ballot must be received
by the Association in order to be counted.
b. The ballot shall: (i) set forth each proposed action and (ii) provide an opportunity
to vote for or against each proposed action.
c. The Board shall set the time for the return of ballots, which shall not be less than
fifteen days nor more than thirty days after the date of delivery or mailing of the
ballots to the Owners, unless otherwise indicated in the Declaration. The Board
shall provide notice of the results of the vote to the Owners within ten days after
the expirstion of the voting period.
d. Approval by written ballot under this Section is valid only if (i) the number of
votes cast by ballot equals or exceeds the quorum that would otherwise be
required to be present at a meeting authorizing the action, and (ii) the number of
approvals equals or exceeds the number of votes that would otherwise be required
2
MPLS-Word 89939.2
to approve the matter at a meeting at which the total number of votes cast was the
same as the munber of votes cast by ballot.
3.5 Vote Reauired. A majority of the votes cast at any properly constituted meeting
of the Owners, or cast in accordance with Section 3.4, shall decide all matters properly brought
before the Owners, except where a different vote is specifically required by the Governing
Documents or the Act. The term "majority," as used herein, shall mean in excess of fifty percent
of the votes cast at a meeting, in person or by proxy, or voting by ballot, in accordance with the
allocation of voting power set forth in the Declaration.. Cumulative voting shall not be permitted.
SECTION 4
MEETINGS OF OWNERS
4.1 Place. All meetings of the Owners shall be held at the office of the Association or
at such other place in the state of Minnesota reasonably accessible to the Owners as may be
designated by the Board in any notice bf a meeting of the Owners.
4.2 Annual Meetings. An annual meeting of the Owners shall be held in each fiscal
year on a date, and at a reasonable time and place, designated by the Board. At each annual
meeting of the Owners, (i) the Persons who are to constitute the Board shall be elected pursuant
to Section 6, (ii) a report shall be made to the Owners on the activities andfmancial condition of
the Association, and (ill) any other matter which is included in the notice of the annual meeting,
and is a proper subject for discussion or decision by the Owners, shall be considered and acted
upon at the meeting.
4.3 SVecial Meeting:s. Special meetings of the Owners may be called by the
Association's President (the "President") as a matter of discretion. Special meetings of the
Owners shall be called by the President or the Association's Secretary (the "Secretary") within
thirty days following receipt of the written request of (i) a majority of the members of the Board
or (ii) Owners entitled to cast a majority of all of the votes in the Association, ualess otherwise
required by law. The meeting shall be held within sixty days following receipt of the request.
The request shall state the purpose of the meeting, and the business transacted at the special
meeting shall be confined to the purposes stated in the notice. The purpose for which the
meeting is requested and held must be lawful and consistent with the Association's purposes and
authority under the Governing Documents.
4.4 Notice of Meetings. Not less than twenty-one, or more than thirty, days in
advance of any annual meeting of the Owners, and not less than seven, or more than thirty, days
in advance of any special meeting of the Owners, the Secretary shall send, to each persons who
is Owners as of the date of sending the notice, a notice of the time, place, ~d agenda of the
meeting, by United States mail, or by hand delivery, to the Owner's Unit address or to such other
address as the Owner may have designated in writing to the Secretary. Notice of meetings to
vote upon amendments to the Association's Articles of Incorporation shall also be given
separately to each officer and director of the Association.
MJlLS-Word 89939.2
3
4.5 Quorum/Adjournment. The presence of Owners in person or by proxy, who have
the authority at least twenty-five percent of all of the votes in the Association shall be necessary
to constitute a quorum at all meetings of the .owners for the transaction of any business, except
that of adjourning the meeting to reconvene at a subsequent time. Any meeting may be
adjourned from time to time, but until no longer than fifteen days later, without notice other than
announcement at the .meeting as initially called. If a quorum is present at the reconvened
meeting, any business may be transacted which might have been transacted at the meeting as
initially called had a quorum then been present. The quorum, having once been established at a
meeting or a reconvened meeting, shall continue to exist for that meeting notwithstanding the
departure of any Owner previously in attendance in person or by proxy. The Association may
not be counted in determining a quorum as to any Unit owned by the Association.
4.6 Voting: Reg:ister. The Secretary shall have available at any meeting of the Owners
a list of the Unit numbers, the names of the .owners, the vote attributable to each Unit, and the
name of the Person (in the case of multiple .owners) authorized to cast the vote.
4.7 Ag:enda. The agenda for meetings of the Owners shall be established by the
Board, consistent with the Governing Documents and the Act, and shall be sent to all Owners
along with the notice of the meeting.
SECTION 5
ANNUAL REPORT
The Board shall prepare an annual report, a copy of which shall be provided to each
Owner at or prior to the annual meeting. The report shall contain, at a minimum:
a. Caoital Expenditures. A statement of any capital expenditures in excess of two
percent of the current budget or Five Thousand Dollars, whichever is greater,
approved by the Association for the current year or succeeding two fiscal years;
b. Reserve Funds. A statement of the balance in any reserve or replacement fund
and any portion of the fund designated for any specified project by the Board;
c. Financial Statements. A copy of the statement of revenues and expenses for the
Association's last fiscal year, and a balance sheet as of the end of said fisCal year;
d. Litig:ation and Jud=ents. A statement of the status of any pending litigation or
judgments to which the Association is a party;
e. Insurance. A detailed description of the insurance coverage provided by the
Association, including a statement as to which, if any, of the items referred to in
Section 515B.3-113(b) of the Act are covered; and
f. Status of Assessments. A statement of the total past due assessments on all Units,
current as of not more than sixty days prior to the date of the meeting.
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MPLS-Word 89939-2
SECTION 6
BOARD OF DIRECTORS
6.1 Number and Oualification. The affairs of the Association shall be governed by a
Board. The first Board shall consist of the persons designated by Declarant as directors or
appointed by Declarant to replace them, subject to the rights of Owners to elect directors as set
forth in Section 6.2. Upon the expiration of the terms of the members of the first Board, the
Board shall be composed of five directors, each of whom shall be an Owner, or a duly authorized
representative of the Owner if the Owner is an entity rather than a natural Person.
6.2
follows:
Term of Office. The terms of office of the members of the Board shall be as
a. Subject to Subsection 6.2.b, the terms of all directors appointed by Declarant as
authorized by the Declaration shall terminate upon the earliest to occur of the .
following three events: (i) voluntary surrender of control by Declarant, (ii) an
Association meeting which shall be held within sixty days after conveyance to
Owners other than Declarant of seventy-five percent of the total number of Units
authorized to be included in the Condominium, or (iii) the date five years
following the date of the first conveyance of a Unit to an Owner other than
Declarant. The term of office of any director elected to the first Board by Owners
other than Declarant shall terminate at the same time as those appointed by
Declarant.
b. Notwithstanding the provisions of Subsection 6.2.a, the Owners other than
Declarant shall have the right to nominate and elect not less than thirty-three and
one-third percent of the directors at a meeting of the Owners held within sixty
days following the conveyance by Declarant of fifty percent of the total number
of Units authorized to be included in the Condominium.
c. The first terms of office of the directors elected by the Owners inunediately
following the termination of the terms of the directors appointed by Declarant
shall be one year for one of the directors and two years for two of the directors.
Each term of office thereafter shall be two years and shall. expire upon the
election of a successor director at the appropriate annual meeting of the Owners;
provided, that a director shall continue in office until a successor is elected. A
number of nominees equal to the number of vacancies, and receiving the greatest
numbers of votes, shall be elected, notwithstanding that one or mote of them do
not receive a majority of the votes cast. At the first election, the nominee or
nominees receiving the greatest numbers of votes shall fill the longer terms. A
director appointed or elected to fill an uncompleted term shall serve until the
natural termination of that term, unless removed in accordance with these
Bylaws. There is no cumulative voting for directors.
6.3 Nominations. Nominations for election to the Board at the annual meeting
following the termination of the terms provided for in Section 6.2.a shall be made by a
MPLS-Word 89939.2
5
nominating committee appointed by the Board. Nominations for election to the Board at each
subsequent annual meeting shall be made by a nominating committee appointed by the Board,
based upon nominations submitted by Owners and the Board or made from the floor at the
respective annual meeting. The nominating committee shall consist of Owners who are
representative of the general membership of the Association, and shall establish fair and
reasonable procedures for the submission of nominations. No person may be nominated without
that person fIrst consenting to the nomination.
6.4 Powers. The Board shall have all powers necessary for the administration of the
affairs of the Association, and may exercise for the Association all powers and authority vested
in or delegated to the Association (and not expressly prolnbited or reserved to the Owners) by
law or by the Governing Documents. The powers of the Board shall include, without limitation,
the power to:
a. adopt, amend, and revoke Rules. and Regulations not inconsistent with the
Governing Documents, as follows: (i) regulating the use of the Common
Elements; (ii) regulating the use of the Units, and the conduct of Owners and
Occupants, which may jeopardize the health, safety, or welfare of other Owners
and Occupants, which involves noise or other disturbing activity, or which may
damage other Units or which may damage the Common Elements or other Units;
(ill) regulating or prohibiting animals; (iv) regulating changes in the appearance
of the Common Elements, and conduct which may damage the Property; (v)
regulating the exterior appearance of the Property, including, for example, decks
and ~igns and other displays, regardless of whether inside a Unit; (vi)
implementing the Governing Documents, and exercising the powers granted by
this Section; and (vii) otherwise facilitating the operation of the Property;
b. adopt and amend budgets for revenues, expenditures, and reserves, levy and
collect assessments for Common Expenses (subject to Section 6 of the
Declaration), and foreclose assessment liens incidental to its collection efforts;
c. establish one or more than one adequate reserve fund for maintenance, repair, and
replacement of the Common Elements and any parts of the Units that the
Association may be obligated to maintain, repair, or replace on a periodic basis.
The establishment of any such fund shall not prevent the Association from
exercising its authority to levy limited Assessments, or other Assessments, under
Section 6 of the Declaration;
d. hire and discharge managing agents and other employees, agents, and independent
contractors;
e. institute, defend, or intervene in litigation or administrative proceedings (i) in its
own name on behalf of itself or two or more Owners on matters affecting the
Property or the Association, or, (ii) with the consent of the Owners of the affected
Units, on matters affecting only those Units;
f. make contracts and incur liabilities;
6
MPLS.Word 89939.2
g. regulate the use, maintenance, repllir, replacement, and modification of the
Co=on Elements and the Units;
h. cause improvements to be made as part of the Co=on Elements;
i. acquire, hold, encumber, and convey in its own name any right, title, or interest to
real estate or personal property, subject to any requirements of the Act for the
conveyance or encumbrance of the Co=on Elements;
J.. grant easements as follows: (i) public utility, drainage, roadway, trail, and cable
co=unications easements through, over, or under the Co=on Elemen,ts may
be granted by the Board, and (ii) other public or private easements, leases and
licenses through, over or under the Co=on Elements may be granted only by
approval of the Board, and by the Owners (other than Declarant) voting at an
Association meeting, unless such easement is expressly authorized by the
Declaration;
.
k. impose and receive any payments, fees, or charges for services provided to
Owners;
1. impose charges for late payment of assessments and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the Governing
Documents and the Rules and Regulations;
m. borrow money, and encumber or pledge the assets of the Association as security
therefor; provided, that any borrowings in any twelve month period which exceed,
in aggregate, twenty percent of the Association's current annual budget, shall
require approval in writing by all of the directors;
n. impose reasonable charges for the review, preparation, and recording of
amendments to the Declaration or Bylaws, resale disclosure certificates required
by Section 515BA-I07 of the Act, statements of unpaid assessments, or
furnishing copies of Association records;
o. provide for the indemnification of its officers, directors, and committee members,
and maintain liability insurance for directors and officers;
p. provide for reasonable procedures governing the conduct of meetings and the
election of directors;
q. appoint, regulate, and dissolve committees; and
r. exercise any other powers conferred by law or the Governing Documents, or
which are necessary and proper for the governance of the Association.
6.5 Meetinl!S and Notices. An annual meeting of the Board shall be held promptly
following each annual meeting ofthe Owners. At each annual meeting of the Board, the officers
of the Association shall be elected.
7
MPLS-Word 89939.2
a. Regular meetings of the Board shall be held at least on a quarterly basis, at such
times as may be fIxed from time to time by a majority of the voting directors. A
schedule, or any amended schedule, of the regular meetings shall be provided to
the directors, and posted or published for the information of Owners, as provided
in Section 6.5.e.
b. Special meetings of the Board shall be held when called (i) by the President, or
(ii) by the Secretary within ten days following the written request of one of the
directors. Notice of any special meeting shall be given to each director not less
than three days in advance thereof, subject .to Section 6.5.c. Notice to a director
shall-be deemed to be given when deposited in the United States mail postage
prepaid to the Unit address of such director, or when personally delivered, orally
or in writing, by a representative of the Board.
c. Any director may at any time waive notice of any meeting of the Board orally, in
writing, or by.attendance at the meeting. If all the directors are present at a
meeting of the Board, no notice shall be required, and any business may be
transacted at such meeting.
d. A conference among directors by a meaus of co=unication through which all
directors may simultaneously hear each other during the conference is a Board
meeting, if (i) the same notice is given of the conference as would be required for
a meeting, and (ii) the number of directors participating in the conference is a
quorum. Participation in a meeting by this means is personal presence at the
meeting.
e. Except as otherwise provided in this Section 6, meetings of the Board must. be
open to the Owners. To the extent practicable, the Board shall give reasonable
notice to the Owners of the date, time, and place of a Board meeting. If the date,
time, and place of meetings are provided for in the Declaration, the Association's
Articles of Incorporation, the Bylaws, announced at a previous meeting of the
Board, distributed to Members in writing, posted in a location accessible to the
Owners and designated by the Board from time to time, or if an emergency
requires immediate cousideration of a matter by the Board, notice is not required.
The term "notice" has the meaning given in Section 11.1. Notwithstanding the
foregoing, meetings may be closed at the discretion of the Board to discuss the
following:
(1) personnel matters;
(2) pending or potential litigation, arbitration or other potentially adversarial
proceedings between Owners, between the Board or Association and
Owners, or other matters in which any Owner may have an adversarial
interest, if the Board determines that closing the meeting is necessary to
discuss strategy or to otherwise protect the position of the Board or the
Association or the privacy of an Owner or Occupant; or
8
MPLS--Wom 89939.2
(3) criminal activity arising within the Condominium if the Board determines
that closing the meeting is necessary to protect the privacy of the victim or
that opening the meeting would jeopardize investigation of the activity.
The minutes of, and the documentation discussed or submitted at such closed
meeting shall not be made available for review or copying by the Owners, despite
Section 8.5. Nothing in this Section imposes a duty on the Board to provide
special facilities for meetings. The failure to give notice as required by this
Section shall not invalidate the Board meeting or any action taken at the meeting.
6.6 Ouorum and Voting. A majority of the directors constitutes a quorum for the
transaction of business at any meeting of the Board. A quorum, once established, continues to
exist, regardless of the subsequent departure of any director. Each director has one vote. The
vote of a majority of the directors present at any meeting at which a quorum is present is
sufficient to adopt any action. Proxies are not permitted.
6.7 Action Taken Without-a Meeting. The Board shall have the right to take any
action in the absence of a meeting which it could take at a meeting when authorized in a writing
signed by all the directors; provided, that a copy of the proposed written action is given to all
directors at least three days prior to its signing.
6.8 Vacancies. A vacancy in the directors, other than a vacancy under Section 6.2 pr
6.9, shall be filled by a person elected within thirty days following the occurrence of the vacancy
by the rem.ining director. Each person so elected shall serve out the term vacated.
6.9 Removal. A director may be removed from the Board, with or without cause, by
a majority vote at any annual or special meeting of the Owners; provided, (i) that the nbtice of
the meeting at which removal is. to be considered states such purpose, (ii) that the director to be
removed has a right to be heard at the meeting, and (iii) that a new director is elected at the
meeting by the owners to fill the vacant position caused by the removal. A director may also be
removed by the Board if such director (i) has three or more unexcused absences from Board
meetings and/or Owners meetings during any twelve month period or (ii) is more than sixty days
past due with respect to Assessments or installments thereof levied against the director's Unit.
Such vacancies shall be filled by the vote of the Owners as previously provided in this Section 6.
6.10 Comnensation. The directors of the Association shall receive no compensation
for their services in such capacity. Directors may be reimbursed for out-of-pocket expenses
incurred in the performance of their duties. A director or an entity in which the director has an
interest may, upon approval by the Board, be reasonably compensated under a contract for goods
or services furnished to the Association in a capacity other than as a director; provided, (i) that
the contract is approved by a majority vote of the Board, excluding the interested director, and
(ii) that the director's interest is disclosed to the Board prior to approval.
6.11 Fidelity BondslInsurance. Fidelity bonds or insurance coverage for unlawful
taking of Association funds shall be obtained and maintained as provided in the Declaration on
all directors and officers authorized to handle the Association's funds and other monetary assets.
MPLS-Word. 89939.2
9
6.12 Standard of ResDonsibilitv. A director shall discharge his or her duties in good
faith, in a manner the director reasonably believes to be in the best interest of the Association,
and with the care an ordinarily prudent person in a like position would exercise under similar
circumstances.
SECTION 7
OFFICERS
7.1 Princi{)al Officers. The principal officers of the Association shall be a President,
a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board. The
Board may, from time, to time elect such other officers and designate their duties as in their
judgment may be necessary to manage the affairs of the Association. A person may hold more
than one office simultaneously, except those of President or Vice President. The officers shall be
Owners, but only the President and Vice President must be members of the Board. All officers
of the Association shall be Members.
7.2 Election. The officers of the Association shall be elected annually by the Board at
its annual meeting and shall hold office at the pleasure of the Board.
7.3 Removal. Upon an affirmative vote of a majority of the members of the Board or
the Members, any officer may be removed, with or without cause, and a successor elected, at any
regular meeting of the Board or the Members, or at any special meeting of the Board or the
Members called for that purpose.
7.4 President. The President shall be the chief executive officer of the Association,
and shall preside at all meetings of the Board and the Association. The President shall have all
of the powers and duties which are customarily vested in the office of president of a corporation,
including without limitation the duty to supervise all other officers and to execute all contracts
and similar obligations on behalf of the Association. The President shall have such other duties
as may from time to time be prescribed by the Board.
7.5 Vice President. The Vice President shall take the place of the President and
perform the duties of the office of President whenever the President shall be absent or unable to
act. The Vice President shall also perform such other duties as shall from time to time be
prescribed by the Board.
7.6 Secretary. The Secretary shall be responsible for recording the minutes of all
meetings of the Board and the Association. The Secretary shall be responsible for keeping the
books and records of the Association, and shall give all notices required by the Governing
Documents or the Act unless directed otherwise by the Board. The Board may delegate the
Secretary's aclmini.trative functions to a managing agent; provided, that such delegation shall
not relieve the Secretary of the ultimate responsibility for the Secretary's duties.
7.7 Treasurer. The Treasurer shall have responsibility for all financial assets of the
Association, and shall be covered by a bond or insurance in such sum and -with such companies
as the Board may require. The Treasurer shall (i) be responsible for keeping the Association's
financial books, assessment rolls and accounts; (ii) cause an annual financial report to be
10
MPLS-Word89939.2
prepared, subject to review by the Association's accountants; (iii) cause the books of the
Association to be kept in accordance with generally accepted accounting practices and shall
submit them to the Board for its examination upon request; (iv) cause all moneys and other
monetary assets of the Association. to be deposited in the name of or to the credit of the
Association in depositories designated by the Board; (v) cause the proper obligations of the
Association to be paid when due; and (vi) perform all other duties incident to the office of
Treasurer. The Board may delegate the Treasurer's 8tlministrative functions to a managing
agent; provided, that such delegation shall not relieve the Treasurer of the ultimate responsibility
for the Treasurer's duties.
7.8 Comoensation. The officers of the Association shall receive no compensation for
their services in such capacity. Officers may be reimbursed for out-of-pocket exp~ses incurred
in the performance of their duties. An officer or an entity in which the officer has an interest
may be reasonably compensated under a contract for goods or services furnished to the
Association in a capacity other than as an officer; provided (i) that the contract is approved by a
majority vote of the Board, excluding the interested party, and (ii) that the officer's interest is
disclosed to the Board prior to approval.
7.9 Standard ofResDousibilitv. An officer shall discharge his or her duties in good
faith, in a manner the officer reasonably believes to be in the best interest of the Association, and
with the care an ordinarily prudent person in a like position would exercise under similar
circumstances.
SECTION 8
OPERATION OF THE PROPERTY
8.1 Assessment Procedures. The Board(s) appointed by Declarant shall annually
prepare a budget of Common Expenses for the Association, but may elect to defer the levying of
the first Common Expense Assessment, in which case Declarant shall pay all expenses of the
Association until the first Assessment is levied. Following the expiration of the terms of the
members of the Board(s) appointed by Declarant, the Board shall annually prepare a budget of
Common Expenses for the Association and assess such Common Expenses against the Units
according to their respective Common Expense obligations as set forth in the Declaration.
a. Subject to any limitations contained in Section 6 of the Declaration, the Board
shall fix the amount of the annual Assessment against each Unit, levy the
Assessment and advise the Owners in writing of the Assessment at least thirty
days prior to the beginning of the Association's fiscal year when the first
Assessment installment shall be due. The failure of the Board to timely levy an
annual Assessment shall not relieve the Owners of their obligation to continue
paying Assessment installments in the amount currently levied, as well as any
increases subsequently levied.
b. Subject to any limitations contained in Section 6 of the Declaration, the Board
may amend the budget and Assessments, or levy a special Assessment, at any
MPLS-Word 89939.2
11
time. The levy shall be deemed to occur upon the date specified in the resolution
which fixes the Assessment.
c. The Board may levy limited Assessments against only certain Units under
Section 6.4 of the Declaration. Such Assessments may be included in the annual
Assessments levied against the affected Unit or may be levied s~arately during
the year. Such Assessments are not annual or special Assessments within the
meaning of the Declaration or of these Bylaws, and are not subject to any
limitation contained in Section 6 of the Declaration.
d. The annual budget shall include a general operating reserve, and an adequate
reserve fund for maintenance, repair, and replacement of the Common Elements
and any parts of the Units that must be maintained, repaired, or replaced by the
Association on a periodic basis. The establishment of such reserve or fund shall
not prevent the Association from exercising its authority to levy Limited
Assessments, or other Assessments, under Section 6 of the Declaration.
e. The Association shall furnish copies of each budget on which the Assessment is
based to an Owner, upon request by the Owner.
8.2 Payment of Assessments. Annual Assessments shall be due and payable in
monthly or quarterly iustallments determined by the Board at its discretion, in advance on the
first day of each month. Special Assessments and limited Assessments shall be due when
desiguated by the Board. All Owners shall be absolutely and unconditioually obligated to pay
the Assessments. No Owner or Occupant shall have any right of withholding, offset or
deduction against the Association with respect to any Assessments, or late charges or costs of
collection, regardless of any claims alleged against the Association or its officers or directors.
Any rights or claims alleged by an Owner may be pursued only by separate action.
8.3 Default in Payment of Assessments. If any Owner does not make' payment on or
before the date when any Assessment or installment thereof is due, subject to such grace periods
as may be established by the Board, the Board may assess, and such Owner shall be obligated to
pay, a late charge and/or interest as provided in the Declaration for each such unpaid Assessment
or installment thereof, together with all expenses, including reasonable attorneys' fees, incurred
by the Board in collecting any such unpaid Assessment.
a. If there is a default of more than thirty days in payment of any Assessment, the
Board may accelerate any remaining iustallments of the Assessment upon prior
written notice thereof to the Owner, as provided in the Declaration, and the entire
unpaid balance of the assessment and late charges shall become due and payable
upon the date stated in the notice unless all past due amounts, including late
charges, costs of collection and fines, are paid prior to said date.
b. The Board shall have the right and duty to attempt to recover all Assessments for
Common Expenses, together with any charges, attorneys' fees or expeuses
relating to the collection thereof. In addition, the Board shall have the right and
duty to attempt to recover any and all collection or contingency fees. or costs
12
MPLS-Word 89939.2
charged to the Association by a collection agency or other Person acting on behalf
of the Association in collecting any dylinquent amounts owed to the Association
by an Owner or Occupant.
c. Upon written request of an Owner or an Eligible Mortgagee of such Unit, notice
of a default of more than thirty days in payment of any Assessment or installment
of an Assessment for Common Expenses or any other default in the performance
of obligations by the Owner shall be given in writing to such Owner or such
Eligible Mortgagee.
d. The rights and remedies referred to in this Section shall not limit the remedies
available to the Association under the Declaration or by law.
8.4 Foreclosure of Liens for Untlaid Assessments. The Association has the right to
foreclose a lien against a Unit for Assessments imposed by the Association, as more fully
descnbed in the Declaration and the Act.
.
8.5 Records. The Board shall cause to be kept at the registered office of the
Association, and at such other place as the Board may determine, records of the actions of the
Board, minutes of the meetings of the Board, minutes of the meetings of the Owners, names of
the Owners and Eligible Mortgagees, and detailed and accurate records of the receipts and
expenditures of the Association. With the exception of records that may be. privileged or
confidential information, all Association records, including receipts and expenditures and any
vouchers authorizing payments, shall be available for examination by the Owners for a proper
purpose, upon reasonable notice and during normal business hours. Separate accounts shall be
maintained for each Unit setting forth the amount of the Assessments against the Unit, the date
when due, the amount paid thereon and the balance remH;ning unpaid.
8.6 Financial Review. The Board shall cause the financial records of the Association
to be "reviewed" by an independent certified public accountant on an aunual basis, pursuant to
the requirements of Section 5l5B.3-121 of the Act. The reviewed financial records shall be
delivered to all Members within one hundred eighty days after the end of the Association's fiscal
year. The review requirement may be waived, on an aunual basis, by the vote of Owners holding
at least thirty percent of the total votes in the Association; however, the Board may require an
audit notwithstanding a waiver vote. The waiver must be approved prior to sixty days after the
end of the Association's fiscal.year.
8.7 Enforcement of Oblil!:ations. All Owners and Occupants and their guests are
obligated and bound to observe the provisions of the Governing Documents, the Rules and
Regulations, and the Act. The Association may impose any or. all of the charges, sanctions and
remedies authorized by the Goveming Documents, the Rules and Regulations, or by law to
enforce and implement its rights and to otherwise enable it to manage and operate the
Association.
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MPLS-Word 89939.2
SECTION 9
AMENDMENTS
These Bylaws may be amended, and the amendment shall be effective, upon the
satisfaction of the following conditions:
9.1 Aooroval. The amendment must be approved by Owners who have authority to
cast a majority of the total votes in the Association, in writing, at a duly held meeting of the
Owners, or by written ballot; subject to the approval rights (if any) of Declarant, if required by
the Declaration.
9.2 Notice. A copy of the proposed amendment and, ifa meeting is to be held, notice
of such meeting, shall be mailed by U.S. Mail, or hand delivered, to all Owners authorized to
cast votes.
9.3 Effective Date: Recordinl!. The amendment shall be effective on the date of
approval by the required vote of the Owners and need not be recorded.
SECTION 10
INDEMNIFICATION
The Association shall, to the extent such liability is not covered by insurance, indemnify
every individual acting in any official capacity on behalf of the Association, pursuant to the
provisions of Minnesota Statutes Section 3l7A.521.
SECTION 11
MISCELLANEOUS
11.1 Notices. Unless specifically provided otherwise in the Act, the Declaration or
these Bylaws, all notices required to be given by or to the Association, the Board, the
Association officers, or the Owners or Occupants shall be in writing and shall be effective upon
hand delivery, or mailing if properly addressed with postage prepaid and deposited in the U.S.
mail; except that registrations pursuant to Section 2.2 shall be effective upon receipt by the
Association.
11.2 Severability. The invalidity or unenforceability of any part of these Bylaws shall
not impair or affect in any manner the validity, enforceability, or effect of the balance of these
Bylaws. .
11.3 Cautions. The captions herein are inserted only as a matter of convenience and
for reference and in no way limit or proscribe the scope of these Bylaws or the intent of any
provision hereof.
11.4 Conflicts in Documents. In the event of any conflict among the provisions of the
Act, the Declaration, these Bylaws, or the Rules and Regulations, the Act shall control unless it
14
MPLS-Wom 89939.2
permits the documents to control. As among the Declaration, these Bylaws, and the Rules and
Regulations, the Declaration shall control. As between these Bylaws and the Rules and
Regulations, these Bylaws shall control.
11.5 Waiver. No restriction, condition, obligation, or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the
same, irrespective of the number of violations or breaches thereof which may occur.
11.6 No Comorate Seal. The Association shall have no corporate seal.
11.7 Fiscal Year. The fiscal year of the Association shall be as determined by the
Board.
The undersigned certifies that these Bylaws were .adopted by the first Board of Directors
of Rosalyn Court Condominium Association, a Minnesota nonprofit corporation, effective as of
the date hereof.
Dated:
Secretary
R<;lsalyn Court Condominium Association
15
MPLS-Word 89939.2
DRAFT
5/11/05
ARTICLES OF INCORPORATION
OF
ROSALYN COURT CONDOMlNIUM ASSOCIATION
The undersigned, for the purpose of forming a corporation pursuant to the provisions of
the Minnesota Statutes Chapter 317A, known as the Minnesota Nonprofit Corporation Act, and
statutes amendatory therepf, hereby adopts the following Articles of Incorporation:
ARTICLE I
NAME
The name of this corporation shall be "Rosalyn Court Condominium Association" (the
"Association").
ARTICLE IT
PURPOSES AND POWERS
The purposes for which the Association is formed, and its powers, are as follows:
1. To act as the Association which is referred to in the Declaration of Rosalyn Court
Condominium (the "Declaration"), a condominium located in Hennepin County, Minnesota (the
"Condominium"), and subject to Minnesota Statutes Chapter 515B, known as the Minnesota
Common Interest Ownership Act (the "Acf'); and
2. To provide for the operation and management of the Condominium, for the
health, safety, and welfare of the Owners (as defmed in the Declaration) and Occupants (as
defined in the Declaration), and for the preservation of the value, and the architectural and
aesthetic character, of the Condominium; and
3. To exercise the powers granted by law or described in the Association's Bylaws
(the "Bylaws") or the Declaration, as those documents may be amended andlor restated from
time to time, and to do such other lawful acts or things reasonably necessary for carrying out the
Association's purposes; provided, that no actions shall be authorized or undertaken which violate
any state or federal laws applicable to nonprofit corporations or which would cause the
Association to violate its nonprofit status under the laws of the state of Minnesota, Of the Internal
Revenue Code, as amended, and the Regulations related thereto.
ARTICLE ill
REGISTERED OFFICE
The address of the registered office of this Association is 6700 Humboldt Avenue North; #104,
Brooklyn Center, Minnesota 55430.
1
MPLS-W01'd 89948.2
ARTICLE IV
INCORPORATOR
The name and address of the incorporator of the Association are as fullows: Fredrick R
Krietzman, 220 South Sixth Street, Suite 2200, Minneapolis, Minnesota 55402.
ARTICLE V
MEMBERSHIPNOTlNG
The members of this Association (collectively the "Members," and individually a
"Member") are those persons described as Members in the Bylaws. Membership in the
Association shall be transferable, but only as an appurtenance to and together with the Member's
title to the Unit to which the membership is allocated. One membership is allocated to each
Unit. The Members shall have the voting rights allocated to their respective Units as descnbed
in the Declaration. Cumulative voting by Members is not permitted.
ARTICLE VI
BYLAWS
The Association's first Board of Directors shall, at its first meeting, adopt the Bylaws for
the regulation of the business of the Association. Thereafter, the Bylaws may be amended or
revoked only by the Members of the Association, as provided in the Bylaws.
ARTICLE VII
DIRECTORS
The business of the Association shall be managed by the Board of Directors (the
"Board") consisting of at least two persons, or such greater number as provided in the Bylaws.
After the expiration of the tenns of office of the members of the first Board, or replacements
appointed by the Declarant (as defined in the Declaration), the directors shall be elected as
provided in the Bylaws.
ARTICLE VIII
LIMITED LIABILITY
The Members of the Association shall not be subject to any personal liability fur
corporate obligations. In additiol1, no person who serves without compensation as a director,
officer, member, or agent of the Associlltion shall be held civilly liable for an act or omission by
that person if the act or omission was in good faith, was within the scope df the person's
responsibilities as director, officer, Member, or agent of the Association, an4 did not constitute
willful or reckless misconduct, except as follows:
a. an action or proceeding brought by the attorney general for a breach of a
fiduciary duty as a director;
b. a cause of action to the extent it is based on federal law;
2
MPLS-Word 899482
c. a cause of action based on the person's express contractual obligation; or .
d. an act or proceeding based on a breach of pu\>lic pension plan fiduciary
responsibility.
Nothing in this Article limits an individual's liability for physical injury to another person or for
wrongful death which is personally and directly caused by that individual.
ARTICLE IX
NO PECUNIARY GAIN
The Association shall not afford pecuniary gain, incidentally or otherwise, to its
Members; provided, that (i) Members may be reimbursed for out-of-pocket expenses incurred in
carrying out duties on behalf of the Association, and (ii) Members may be reasonably
compensated for goods and services furnished to the Association as vendors in arms-length
transactions, as provided in the Bylaws.
ARTICLE X
DURATION
The duration of the Association shall be perpetual, subject to dissolution in accordance
with Article XII.
ARTICLE XI
AMENDMENTS
Amendment of these Articles shall require the prior approval, at a meeting dilly held for
such purposes, of Members who hold a majority of the voting interest in the Association; except
that the registered office of the Association may be changed by the filing of a Certificate of
Change of Registered Office in accordance with law.
ARTICLE XII
DISSOLUTION
The Association my be dissolved only in accordance with law. Upon dissolution of the
Association and termination of the Condominium, and after payment of all costs of dissolution,
and the debts and obligations of the Association, all remaining corporate assets shall be
distributed to the Members and secured parties, as their interests may appear, in accordance with
Section 5l5B.2-119of the Act, or laws amendatory thereof.
IN WITNESS WHEREOF, I have subscribed my name on this _ day of
2005.
Fredrick R. Krietzman
3
MPLS-Word899482
DRAFT
5/11/05
RULES AND REGULATIONS
ROSALYN COURT CONDOMINIUM
INTRODUCTION
It is important that the living and architectural style that Rosalyn Court Condominium
(the "Condominium") represents is preserved. The goal of these Rules and Regulations is to
provide reasonable, practical guidelines for the operation of the Condominium. Residents and
guests are obligated to comply with these Rules and Regulations and the Governing Documents.
The Board of Directors (the "Board") of Rosalyn Court Condominium Association (the
Association") has approved these, and may approve other, Rules and Regulations based upon the
authority contained in Section 5.6 of-the Declaration for the Condominium (the "Declaration").
Unless otherwise defined herein, the terms used in these Rules and Regulations shall have the
same meaning assigued to them in the Declaration. References to the Association in these Rules
and Regulations mean the Board acting for and on behalf of the Association.
GENERAL REGULATIONS
I. Please be considerate of other residents and refrain from engaging in conduct
which is a material annoyance or nuisance to others. Owners and Occupants are responsible for
the behavior of their families, guests, and tenants at the Condominium. Owners and Occupants
shall be aware of the welfare and safety of children in the use of the Property, particularly with
respect to vehicular traffic. The cost of repair of damage to the Property resulting from the acts
of an Owners or an Occupant, and family, guests, and tenants, may be charged to the Owner and
assessed against the Owner's Unit.
2. Persons residing on or using the Property are obligated to comply with all
applicable laws, ordinances, and regulations of the City and other governmental authorities
having jurisdiction over the Property. If charged with a violation by a governmental authority,
the Owner or Occupant is obligated to indemnify, defend, and hold harmless the Association, the
Association's officers and directors, and the other Owners and Occupants, from all fmes,
penalties, costs, attorney's fees, or prosecution resulting from the violation.
3. The Condominium is designed as a residential community. Business or
commercial activity shall not be conducted at the Condominium, except for the limited,
incidental activities described in Section 7 of the Declaration. .
4. For health reasons, garbage and refuse shall be placed in leakproof trash bags and
deposited in designated trash receptacles, which shall be kept on the outside concrete storage
area designated by the Association. Municipal regulations regarding garbage and recycling
pickup apply.
5. Flammable substances shall not be kept on the Property except in safe containers.
No inherently dangerous items, such as explosives, may be kept on the Property at any time.
MPLS-WonI89952.2
I
6. Except as expressly permitted by law, firearms, airguns, and other devices
designed to fire a potentially lethal projectile may not be discharged or carried on the Property,
except for carrying the devices to and from a vehicle for purposes of transporting the devices.
7. Persons authorized by the Board, and public safety personnel, may enter the Units
and the Limited Common Elements at any time for the purpose of correcting any condition
which is reasonably believed to present an imminent danger of serious loss or damage to any
portion of the Property, or injury or death to !I!ly Person. Persons authorized by the Board may
also enter the Units and the Limited Common Elements upon reasonable advance notice for
purposes of maintaining, repairing, and replacing any parts of the Units and the Limited
Common Elements which the Association may be obligated to maintain.
8. The Association's managers and others who provide services to the Association
are required to take direction only from the Board or from the Association's officers or directors.
Comments regarding services or actions of persons performing work for the Association shall be
directed to the Board or to the Association's manager(s).
9. Personal property of 311 Owner or Occupant shall not be stored, displayed, or
otherwise left outside a Unit, except as authorized by the Board.
10. Wa1kways, streets, driveways, and portions of the Property used for access to and
from the Units, or parking areas, shall not be obstructed, or used for storage, activities, or any
purpose other than access and authorized parking.
11. In order to preserve the aesthetic character and beauty of the Property, all
originally installed plants, trees, landscaping, and topsoil shall be left undisturbed, except as
directed by the Board and except for routine maintenance.
12. Residents and their guests shall not interfere in any manner with common utilities,
equipment, systems, or structures on the Property.
EXTERIOR ALTERATIONSIDISPLAYS
1. Identifications, signs, or displays of any kind which are visible from the exterior
of a Unit shall not be placed anywhere on the Property without prior approval of the Board.
Additional restrictions on the placement of identification, signs, and other displays are contained
in Section 8 of the Declaration.
2. No Person may modify or remove any parJ; of, nor change the appearance of, the
exterior of any Unit, or any portion of the Unit visible from the exterior, except in accordance
with the architectura1 control requirements set forth in Section 8 of the Declaration. In addition,
Owners and Occupants must, also obtain approval from the Board prior to making any change to
their Unit which could affect the structure or weather-tight soundoess of the Building. However,
The Board may pre-approve certain routine maintenance of, or changes to, the exteriors of the
Units. Owners may obtain a list of any pre-approved changes from the Board, if such a list
exists. If any change is made without approval by the Board, the Association has the right to
remove the unapproved change, and otherwise correct the changed condition, at the expense of
the offending Owner.
MPLS-Ward 899522
2
3. Additional buildings, animal enclosures, tents, awnings, shelters, additions, poles,
exterior fixtures, and accessories, or other structures or physical improvements of any kind,
whether tempDralY or permanent, which are visible from the exterior of a Unit, are prohibited
without the prior written approval of the Board, as set forth in Section 8 of the Declaration.
4. No exterior fixtures such as bird houses, bin] feeders, wind chimes, potted plants,
or exterior ornamentation of any kind shaIl be placed or permitted to remain on any part of the
Property, unless prior written approval has been obtained from the Board.
5. The placement and use of satellite dishes and other antennas are governed by
Section 8.5 of the Declaration.
UTILITIES
Each Owner is responsible for the maintenance, repair, replacem!lnt, and charges relating
to public utilities or other similar services metered solely to the Owner's Unit
VEmCLES AND PARKING REGULATIONS
I. Parking is limited to the Stalls and the exterior surface parking areas of the
Condominium (the "Surface Parking Areas"). Occupants/Owners shall!!!!! park their cars in
guest parking areas designated by the Association (if any). If an Occupant'slOwner's car is
parked in a designated guest parking area, the vehicle may, at the discretion of the Board, be
towed without notice and at the Occupant'slOwner's expense.
2. An abandoned vehicle (which is defined as a vehicle not moved in seven days)
located anywhere at the Condominium, may, at the discretion of the Board, be towed at its
owner's expense, without prior notice to that owner. Inoperative vehicles and vehicles with
expired tabs shall not be parked or stored on the Surface Parking Areas. Inoperative vehicles and
vehicles with expired tabs that are parked or stored on the Surface Parking Areas may, at the
discretion of the Board, be towed at their owners' expense, without prior notice to those owners.
3. With the exception of minor vehicle care and repairs, such as washing, cleaning,
changing tires, changing oil, changing spark plugs, and the like, no vehicle repairs are permitted
in the Stalls or on the Surface Parking Areas. Such minor vehicle care and repairs shall not
endanger or inconvenience other Owners or Occupants. In the event such minor vehicle Care or
repairs are performed, all tools, other equipment, and all other items used in connection with that
care or repair shall be cleaned up and be completely out of sight, and not be left on the ground or
outside of the vehicle, innnediately after the care or repair is performed, and in any event, not be
Jeft out overnight No spills or other damage to any portion of the Condominium (including, but
not limited to, the Stalls and the Surface Parking Areas) shall occur as a result of the vehicle
repairs or otherwise. The Owner/Occupant causing such damage shall be personally liable to the
Association for any expense incurred by the Association to repair or clean up the damage.
4. Watercraft and all other recreational equipment of any kind, including, without
limitation, tractor trsilers, all other types of trsilers, recreational vehicles, motor homes, trucks in
excess of three-quarter ton, bicycles, motorcycles, all terrain vehicles, and snowmobiles, and any
other personal property of Owners or Occupants, shaIl not be parked, stored, or kept on the
Surface Parking Areas.
MPLS-Word 89952.2
3
5. The Board maintains the authority to remove from the Common Elements
vehicles, recreational equipment, or any other item not in compliance with these Rules and
Regulations or the Governing Documents, by towing at the expense of the owner of the vehicle,
recreational equipment, or other item. All related costs incurred by the Association, including,
but not limited to, attorney's fees, shall also be the responsibility of that owner.
6. All vehicles and other equipment must be moved from the Surface Parking Areas
following snowfalls exceeding two inches to allow for snow plowing services; no additional
notice need be provided to the Occupants/Owners. Each Occupant/Owner is responsible for
snow removal underneath and around their parked vehicles not moved in accordance with these
Rules and Regulations. The Association's snow removal contractor will not be called back to
plow the areas previously covered by parked vehicles.
7. . Except as authorized in writing by the Board, no Stalls or any portion of the
Surface Parking Areas sha11 be used for storage, nor be converted to mother use, which would
prevent the parking of a full-size automobile in each Stall and in each space in the Surface
Parking Areas.
8. The Association has the authority to limit parking and other uses of the Stalls and
the Surface Parking Areas in the event of necessary maintenance to those areas.
ANIMALS
I. Small, domesticated common house pets such as dogs, cats, fish, or birds
(collectively "permitted pets," and individually a "permitted pet") may be kept only in a Unit,
but not in any other portion of the Condominium, subject to these Rules and Regulations. No
animals sha11 be kept in a Unit or outside of the Unit, except in accordance with these Rules and
Regulations. No other animals may be kept anywhere on the Property. Birds, fish, and other
small common household pets (other than dogs and cats) shall be kept in appropriate cages or
tanks within the Unit.
2. With regard to dogs and cats kept at the Condominium, a maximum of (i) one dog
and one cat, or (ii) two cats and no dogs, may be kept in any Unit.
3. A permitted pet must be housed and maintained exclusively within the Unit,
except when under the direct control of the Owner of the Unit or other handler. Outdoor pet
houses, shelters, fenced areas, or enclosures of any type are prohibited.
6. Any repeated or prolonged disturbance by a permitted pet, such as noise, odor,
waste, or threatening or nuisance activity, will be cause for imposition of a fine on the Owner of
the Unit in which the permitted pet is kept and/or the removal of the offending permitted pet
from the Property, at the discretion of the Board.
MPLS--Word 899522
4
7. Notwithstanding the foregoing, no Rules and Regulations shall be imposed which
restrict the keeping of a qualified "service animal" for a disabled or handicapped person in
violation of any applicable state or federal statutes, regulations, or rules; provided, that such
animals are not exempt from Rules and Regulations applicable to permitted pets.
FINES FOR VIOLATIONS
The Board has the authority to impose reasonable fines for violations of these RnIes and
Regulations. The notices and fines set forth below for violations of these Rules and Regulations
will be administered for those violations that pose no immediate risk to the health, safety, or
welfare of the residents of the Condominium or to any portion of the Condominium. The Board
reserves the right to take more stringent action when a violation of these Rules and Regulations
is deemed to present an immediate hazard to the health, safety, or welfare of the residents of the
Condominium or to a portion of the Condominium. In addition, the Board reserves the right to
pursue any other actions or remedies that are authorized by the Declaration, the Association's
Bylaws, and any relevant Minnesota laws.
The following guidelines will be followed by the Board or the Association's managing agents in
the event of a violation of these Rules and Regulations:
1. First violation: A written warning is sent to the violator (the "Violation Letter").
2. Non-compliance with the Violation Letter: $25.00 fine.
3. Second violation of the same Rule and Regulation set forth in the Violation Letter,
within 12 months from the date of Violation Letter: $50.00 fine (in addition to the
fme set forth in item 2, above).
4. Third violation of the same Rule and Regulation set forth in the Violation Letter,
within 12 months from the date of the Violation Letter: $75.00 fine (in addition to
the fines set forth in items 2 and 3, above).
5. Fonrth and subsequent violations of the same Rule and Regulatiqn set forth in the
Violation Letter, within 12 months from the date of the Violation Letter: $100.00
fme for each such additional violation (in addition to the fines set forth in items 2, 3, and
4, above).
All fines shall be due and payable to the Association on the first day of the month following the
date that the fmes are imposed. At the discretion of the Board, the amount of the fines set forth
above may be changed for one or more than one particular violation, given the circumstances
surrounding the violation, whether the violator has a history of violations, or other relevant
information. The Board also has the authority to impose daily, weekly, or other periodic fines
for continuing violations of the Rules and Regulations. Despite the guidelines set forth above,
the Association retains the right to immediately tow any vehicle or equipment that is parked,
kept, or stored in violation of these Rules and Regulations.
MPLS-Word 89952.2
5
ADMINISTRATION
1. Waivers from the provisions. of these Rules and Regulations for specific situations
may be granted by the Board for good cause shown if, (i) in the judgment of the Board, the
waiver will not violate the Governing Documents or interfere with the rights of other Owners or
Occupants, and (ii) the waiver is granted to other Owners and Occupants under the same or
similar circumstances. Waivers will not be granted unless an emergency or highly extennating
circumstance exists.
2. The Board has the authority to amend these Rules and Regulations, and make
such other Rules and Regulations, from time to time, as it deems necessary for the use, safety,
care, and cleanliness of the Property, and for securing the health, welfare, common comfort, and
convenience of all residents of the Condominium.
VIOLATIONSIHEARINGS
When there is a violation of these Rules and Regulations or the Governing Documents,
the Board is authorized to pursue various actions and remedies. These remedies include, but are
not limited to, legal action for damages or equitable relief in any court, imposition of late charges
for past due Assessments, imposition of reasonable fines for violations, towing of vehicles and
trailers of any type, or the correction of any condition which violates the Rules and Regulations
or the Governing Documents. Prior to the exercise of certain remedies (see the Declaration for
details), the Board shall, upon written request of the offending Owner, grant the Owner a fair
hearing with respect to the violation. Please refer to Section 13 of the Declaration for more
details regarding the Association's remedies and the rights of an Owner with respect to hearin~.
MPLS-Wmd 89952.2
6
DRAFT
5/11/05
AGREEMENT REDUCING STATUTE OF LIMITATIONS
ROSALYN COURT CONDOMINIUM
The undersigned, as Seller and Buyer (whether one or more than one person) of the unit
in Rosalyn Court Condominium, located at 27_ Rosalyn Court, New Hope, Mihnesota (the
"Unif'), under a Purchase Agreement dated , 200-, agree, pursuant to
Minnesota Statutes Section 515B.4-1l5, that the time period within which Buyer must start a
legal action to enforce any warranty under Minnesota Statutes Section 515B.4-112 or 515B.4-
113 shall be reduced from six to two years.
That time period (known as the "statute of limitations") begins, as to the Unit, at the
earlier of the time Buyer takes possession of the Unit, or receives a deed to the Unit from Seller
if Buyer does not take possession. The statute of limitations period begins as to each common
element in Rosalyn Court Condominium at the latest of (i) the time the common element is
completed, (ii) the time the first unit in Rosalyn Court Condominium is conveyed to a bona fide
purchaser, or (iii) the termination of the period of Declarant control of Rosalyn Court
Condominium under the Dec1aration of Rosalyn Court Condominium. This Agreement is made
in consideration of Seller's agreement to sell the Unit to Buyer. This Agreement shall survive
the closing of the sale transaction and shall not merge with the deed given to Buyer.
BUYER:
SELLER:
ROSALYN COURT PROPERTIES, LLC
By:
Its: Chief Manager
(print name)
Dated:
(print name)
Dated:
MPLS-Wonl899642
Supplemental information to the Planned Unit Development Application
ofJohn P. Roder for Rosalyn Court Properties, LLC
As a result ofthe second city meeting as it relates to the condominium conversion of the property
presently known as Rosalyn Court Apartments, we wish to address a number of questions and
concerns raised by Commission Members, city officials, and agents on behalf of the city as
follows:
1. Management concern. The apartments are presently managed under contract with Sabre
Enterprises, Inc., an entity of which 1, John Roder, the Applicant, am President. Sabre has been
active managing apartment complexes, retail and industrial space for various customers since
1998. Sabre will continue to manage the apartment units as long as they operate as apartments.
Additionally, per agreement with the Board of Directors for the condominium association, Sabre
will provide management services to the association. As the association board of directors
grows, the association mayor may not wish to continue the services provided by Sabre and only
the Board will have control over that. However, it is intended that a cohesive management effort
be maintained between the management company and any association entity so designated.
Management agreements reflect this necessary cooperation. Additionally, until such time that
the association board directs otherwise (having at least half the complex sold as condominiums),
the present owner, Rosalyn Court Properties, LLC, is responsible to maintain the complex in its
entirety.
The management office is located in Brooklyn Center. Additionally, we do maintain an
on-site office for the complex which will serve not only the continuing function as a leasing
office but also as an added function as a sales office.
2. Signage. Since the purchase of the property, we have taken steps to comply with
ordinances related to signage. Upon purchase, we had removed ten temporary signs in place
along the boulevard. Our intention is to continue with the signage areas which have been in
place for some time. The present signs are quite permanent in nature being constructed of brick
and timber. We will of course be updating the information on the signs but not the sizes of them.
The office has signage indicating its location on the site and several parking spaces are
designated with signage for office visitor use.
Regarding street parking, Rosalyn Court is a public street and as such appears to be well detailed
with respect to painted yellow curbs and signs indicating no parking on Rosalyn Court as the
entire street is designated as a fire lane.
With respect to sales signs, we have been in contact with Steven Pi~rce as the listing agent and
have discussed the importance of complying with sign ordinances. He has indicated to us he is
aware of the issue as he has been a lifelong resident of the area and does not live far from the
site.
3. Parking. The entire property contains 60 outdoor parking spaces and 60 indoor garage
parking spaces. Several spaces are designated for office visits. Historically, the property has not
had issues with an inadequate amount of off-street parking and we do not anticipate a change
with the change to condominiums.
While parking is not a problem on the site, due to the transition, we are directing our attorney to
place an easement on the five lots involved so parking in one lot is available to a resident of any
of the other buildings.
4. Easements. We have considered the easement requests as recommended by Bonestroo,
Rosene, Anderlick & Associates. We concur with the necessity of each aIid will take steps to put
them in place. We appreciate the attention of city staff in assisting us in "cleaning up" the plat
prior to this transition. We will address the following issues:
A. Utility and drainage easement between Lots 3 and 4 and Lots 1 and 2.
B. Utility easement across Lot 3 for electric line to light at end of Rosalyn Court.
C. Verification of easement over the storm sewer along the east lot line of Lot 1.
D. Provide a sidewalk easement along the south lot line oflots 1 and 5.
5. . Fire Safety. The complex has been inspected by West Metro Fire and the buildings have
been deemed to be in compliance with applicable code. Additionally, an independent review
was conducted prior to our purchase by us and also by our insurance provider. As a result of
these inspections and through consultations with city officials, we are completing installation of
UL approved door smoke seals and have taken steps to verifY we meet or exceed all
requirements.
6. ADA issues. We are aware of requirements as they relate to construction, rehabilitation,
rental and sale of units to disabled individuals. We work with our attorney and staff to assure
compliance with the act and will continue to do so in the future.
7. Unit boundaries. The renovation of individual units is cosmetic in nature. As part of this
Application, we do not anticipate nor request the right to be able to complete structural
modifications to the buildings. As such, we will not be making any changes to unit boundaries.
Unit boundaries are ascertained and established in cooperation of the conversion attorney, the
architect and surveyor for the project in establishing the CIC plat.
8. Lighting. Present lighting of the complex has been considered and deemed to be
adequate not only by our independent consultant but also by our insurance provider. Lighting of
building entries is provided by exterior lights over the entry itself .
Parking lot lighting is provided by flood lights installed at various locations on the building
exteriors. Additionally, we encourage condominium purchasers to install garage door openers
with security lighting or if requested, . at additional charge, we will provide the upgrade.
9. Security. All entrances in the building are continuously locked to the outside. Residents
have use of an access key for these building entrances. Additionally, as an added measure, we
.
are changing out each lock in the complex as part on the renovation so new owners will not have
the possibility of any previous resident having unintended access to their unit.
10. Budget. We have included a preliminary operating budget for the Condo association.
Unit dues are established based on the cost of the overall budget on a per-unit basis. The final
fee structure will include minor variations for unit size, I or 2 bedroom, and adjustments for
finalized costs as available.
11. Floor Plan. We have included a basic floor plan of units in the complex. Only two floor
plans, containing 1 or 2 bedrooms are available, with minor variation.
12. Miscellaneous structures. Two structures on the property have been in question, namely,
a pool building and a garden shed. The garden shed has long since been removed and the area is
now grass. The pool building is a very small concrete structure and is presently used for minor
equipment storage. It is well-secured and maintained with the other buildings on the property.
The area it is located in has significant foliage making the building very much unnoticeable.
.13. Unit Sales. Pending release for sale, at this time units are available for reservation only.
A preliminary pricing sheet is attached. We have two model units now open for showing and
would be happy to arrange a visit to the models for interested prospective purchasers. We do
believe the models are quite attractive having had excellent reviews so far with nearly everyone
seeing the model either wanting a unit or wanting to recommend them to someone who does.
To ensure compliance with condominium sales requirements, our conversion attorney monitors
our actions and approves distribution of materials to prospective purchasers. Accordingly, he
has approved our listing agent to utilize a purchase agreement approved by the Minnesota
Association of Realtors. The PUD application contains a significant portion of the
documentation provided a prospective purchaser.
Thank you for considering this additional supplemental information with respect to the
application.
~
John P. Roder
Applicant
WELCOME HOME!
ROSALYN COURT CONDOMINIUM dining room
6x9
bedroom
FEATURES: 11 :.:13
livIng room
12x16 S
o "
- 1 & 2 Bedroom Condominiums
- Fully Remodeled G 2
bedr : 1
- Laundry Facilities in Each Building
- Garages Available bedroom
- Cable TV / High-speed Internet Available 10x12
- Great Parks and Play Areas for Children
- Convenient Shopping 0
- Great New Hope Location
- Pets Accepted ~ G
living room
12x16 bedroom
11 x13
bet,,)'.'"
dinIng room
6x9
Rosalyn Court Condominium is located in a beautiful neighborhood on a private circle drive, with
shopping and other services nearby. Our community is also on the bus line. The condominiums are
spacious and the community is well-maintained.
ROSALYN COURT CONDOMINIUMS SALES PRlCING SHEET - STANDARD UNIT
AS OF JUNE, 2005
UNIT # TYPE FLOOR PRlCE A V AlLABLE
00-01 2-BR I 94,227 08-01
00-02 2-BR I 95,m 09-01
00-03 I-BR I 79,900' 08-15
00-04 I-BR I 81,447 10-01
00-05 2-BR 2 95,773 07-01
00-06 2-BR 2 96,804 11-15
00-07 I-BR 2 81,447 07-01
00-08 I-BR 2 82,887 10-15
00-09 2-BR 3 97,320 11-01
00-10 2-BR 3 98,866 12-01
00-11 I-BR 3 82,887 09-15
00-12 I-BR 3 83,918 12-15
10-01 2-BR I 95,600 EST TBD
10-02 2-BR 1 95,600
10-03 I-BR I 80,600
10-04 I-BR 1 80,600
10-05 2-BR 2 96,900
10-06 2-BR 2 96,900
10-07 I-BR 2 82,400
10-08 I-BR 2 82,400
10-09 2-BR 3 98,600
10-10 2-BR 3 98,600
10-11 l~BR 3 82,900
10-12 I-BR 3 82,900
20-01 2-BR 1 98,400 TBD
20-02 2-BR 1 98,400
20-03 I-BR I 82,600
20-0' I-BR I 82,600
20-05 2-BR 2 99,900
20-06 2-BR 2 99,900
20-07 I-BR 2 82,400
20-08 I-BR 2 82,400
20-09 2-BR 3 102,200
20-10 2-BR 3 102,200
20-11 I-BR 3 84,900
20-12 I-BR 3 84,900
30-01 2-BR I 95,600 01-01
30-02 2-BR I 95,600 01-15
30-03 I-BR I 80,600 02-01
30-04 I-BR 1 80,600 02-15
30-05 2-BR 2 96,900 03-01
30-06 2-BR 2 96,900 03-15
30-07 I-BR 2 82,400 04-01
30-08 I-BR 2 82,400 04-15
30-09 2-BR 3 98,600 05-01
30-10 2-BR 3 98,600 05-15
30-11 I-BR 3 82,900 06-01
30-12 I-BR 3 82,900 06-15
40-01 2-BR I 92,900 TBD
40-02 .2-BR I 91,400
40-03 I-BR I 79,400
40-04 I-BR I 77,900
40-05 2-BR 2 93,900
40-06 2-BR 2 92,900
40-07 I-BR 2 80,400
40-08 I-BR 2 79,400
40-09 2-BR 3 95,900
40-10 2-BR 3 94,400
40-11 I-BR 3 81,400
40-12 I-BR 3 80,400
ROSALYN COURT CONDOMINIUM ASSOCIATION
PROJECTED ANNUAL BUDGET
First Full Year of Operation: Assuming 60 Units are Occupied
Total Per Year
Per Unit Per Month
INCOME
Homeowner Assessments
TOTAL INCOME
OPERATING EXPENSES
Administration
AccountinglManagement
OfficelCopies/PostagelPrinting!Legal
Total Administration
Operations
Insurance 1)
Common Metered Gas Service
Water, Sewer, Rubbish, and Recycling
Building Repairs
Grounds Maintenance!Lawn Mowing
Fire Alarm Inspection and Monitoring
Operating Reserve(2)
Total Operations
TOTAL OPERATING EXPENSES!')
Replacement Reserves
TOTAL EXPENSES AND RESERVES(4)
$ 121,100
$ 121,100
$ 168.19
$ 168.19
9,300 12.92
3.500 4.86
$ 12,800 $ 17.78
19,300 26.81
24,900 34.58
25,800 35.83
9,500 13.19
3,900 5.42
700 0.97
4.700 6.53
$ 88.800 $ 123.33
$ 101,600 $ 141.11
$ 19.500 $ 27.08
$ 121.100 $ 168.19
(1) The insurance included in this budget covers the Units, the Common Elements, and the personal property owned
by the Rosalyn Court Condominium Association (the "Association"), but not improvements and betterments to
the Unit interiors. Each Owner is required to maintain, at the Unit Owner's expense, casualty aod liability
insurance for the interior of the Unit Owner's Unit.
(2) Does not include two monthly installments of the proposed annual assessment, which is paid by the Owner at the
closing on the sale of that Owner's Unit as a working capital fund.
(3) Operating expenses are likely to increase from year to year due to inflation and unpredictable expense items such
as insurance premiums.
(4) Reserves do not cover maintenance, repair, or replacement of the interiors of the Units, which are the
responsibilities of the Owners.
(5) One-bedroom units are assessed based on a rate adjustment factor of 0.9388 (monthly assessment of $157.90)
and two-bedroom units are assessed on a rate adjustment factor of 1.0612 (monthly assessment of$178.48).
Budget prepared by: Rosalyn Court Properties, LLC
6700 HumboldtAvenue North, Suite 104
Brooklyn Center, Minnesota 55430
.
GoRDON L. JENSEN1
CLARISSA M. KLUG
AMY E. P APENHAUSEN
GLEN A. NORroN
STEVEN A. SONDRALL
AIDe T. STlENESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESfAD
lReal Property Law
Specialist Certified By
The Minnesota. State
Bar Association
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
June 28, 2005
Writer's Direct Dial No.: (763) 201-0222
e-mail cmk@jensen-sondrall.com
Kirk McDonald
New Hope Community Development Director
4401 Xylon Avenue North
New Hope, MN 55428
VIA E-MAIL & US MAIL
Re: Preliminary Plat for Rosalyn Court Apartments (Our File No.: 99.15067)
Dear Director McDonald:
We have reviewed the proposed Rosalyn Court Apartments preliminary plat (the ''Plat'') for
compliance with New Hope City Code Section 13-4(a) and following (the "Code"). A summary of
the Code requirements appears below, along with our comments. Where comments include non-
compliance concerns or suggested additional review they appear in bold text.
A. GENERAL PROVISIONS - City Code Section 13-4(a)(1)
1. Subsection (a): Name. Not to duplicate/closely resemble existing County subdivisions.
Status: Compliance. The land within the Plat is already of record as "Rosalyn Court", but
the addition of "Apartments" to the Plat name in our opinion satisfies the requirements of
Code Section 13-4(a)(I).
2. Subsection (b): Boundary lines. In relation to section, quarter or quarter-quarter lines.
Status: Non-compliance. Section, quarter section and/or quarter-quarter section
lines near the lot boundaries are either missing or not clearly shown.
3. Subsection (c): Names, addresses. Required for the owner, developer & surveyor.
Status: Non-compliance. Franzen Real Estate, Inc. and Timberland Partners ill
L.L.P. addresses are missing, along with an indication of which is the owner. The
name and address of the surveyor does appear on the Plat.
4. Subsection (d): Scale. To include a bar scale, not less than one inch to 100 feet.
Status: Compliance.
5. Subsection (e): Date & northpoint. Date is to indicate the Plat preparation date.
Status: Compliance.
B. EXISTING CONDITIONS - City Code Section 13-4(a)(2)
June 29, 2005
Page 2
1. Subsection (a): Boundary lines. All to be clearly shown.
Status: Compliance.
2. Subsection (b): Zoning classifications. To include existing data for abutting areas' and the subdivision'.
Status: Non-compliance. The Plat indicates the property tax identification numbers of all abutting land
areas, but zoning notations are either missing or not clearly labeled.
3. Subsection (c): Acreage and dimensions. General statement, with approximate total and lot acreage.
Status: Non-compliance. The Plat's total acreage is shown in the "notes" section, but it would be helpful if
this section also listed the approximate acreage of each lot.
4. Subsection (d): Previously platted details. To 350 feet beyond the tract, including all right-of-way areas (existing
or previously platted) with types, names, widths and conditions. Also to include railroad and utility areas, parks,
open spaces, permanent structures, easements and section and corporate lines.
Status: Non-compliance. The surrounding 350 feet not depicted, but see "Additional Comments" below.
Subsection (e): Sewer, water main and other details. To include culverts or similar underground facilities (within
the subdivision and to 350 feet beyond), with data on location, size, grade, invert elevation. Catch basins,
manholes and hydrants are to be included.
Status: Non-compliance. Data on existing sewers, water mains, culverts and other underground facilities
is either missing or not clearly labeled.
5. Subsection (f): Alijoining land. To be shown within 350 feet of subdivision, with area name and ownership.
Status: Non-compliance. Adjoining parcels are showu by property tax identification number, but owner
names are missing and adjoining subdivision data is not included in all cases. Also the 350 feet
surrounding the Plat is not depicted, but see "Additional Comments" below.
6. Subsection (g): Topography. To include water drain/courses, marshes, woods, rock outcrops, power transmission
poles/lines, and other significant features (to 350 feet and consistent with City's topographic map).
Status: Non-compliance. TopograpWc data may have been provided to the City on a separate sheet but
has not been supplied to our office.
C. PROPOSED DESIGN FEATURES - City Code Section 13-4(a)(3)
1. Subsection (a): Street design. To show proposed street layout, with widths, centerline gradients, typical cross
sections, and proposed names.'
1 The Code does not define "ahut," "adjoin," "adjacent" or similar terms. It is our office's opinion that the meaning of such terms can
vary depending on context but that they generally describe areas (i) that share a boundary line (including a right-of-way), (ii) that only
touch the property in question, or (iii) that are near but slightly separated (such as by a street or alley).
2 A "subdivision" is either (i) land to, be divided or that or has been divided (into two or more areas) for transfer of ownership or
building development, or (ii) land divided in any way to create a new street. The term includes resubdivision and can also be used to
describe the process of subdividing. See Section 13-2(b) of Code.
, Any street name already used in the City or its environs can only be used if relating to a proposed logical extension of the already-
named street, in which event the same street name must be used.
.
June 29, 2005
Page 3
Status: Compliance. Rosalyn Court is shown on the Plat, and it is our office's understanding that no new streets
are to be dedicated as part of the Plat.
2. Subsection (b): Alleys, pedestrian ways, easements. Layout to show proposed alleys, etc., including widths.
Status: Non-compliance. Locations and widths of proposed utilities are shown, bnt the widths of the
walkways to each building are either missing or not clearly labeled.
3. Subsection (c): Storrnwater runoff. To include typical cross-sections of proposed improvements, with an
indication of proposed stormwater runoff. Contributing drainage from other areas is also to be shown.
Status: Compliance Status Unknown Our office defers to the review of City staff and/or other City
consultants on this matter.
4. Subsection (d): Street and alley centerline gradients. To include approximate center line gradients of proposed
streets and alleys, and of adjoining streets (if any).
Status: Compliance,
5. Subsection (e): Sewer lines and water mains. Locations and size of proposed sewer lines and water mains.
Status: Compliance Status Unknown. Our office defers to the review of City staff and/or other City
consultants on this matter.
6. Subsection (f): Lots and blocks. To include numbers and preliminary dimensions oflots and blocks.
Status: Compliance.
7. Subsection (g): Building setback lines. Minimum front and side street building setback lines.
Status: Non-compliance. Distances from the buildings to the lot lines are shown, but minimum setback
data is either missing or not clearly labeled.
8. Subsection (h): Setback on curved lot. To include width of the lot at the building setback line.
Status: Non-compliance. A width is missing for Lot 4 in the area near the Lot's curved boundary.
9. Subsection (i): Other dedicated areas. Areas, other than streets, alleys, pedestrian ways and utility easements,
intended to be dedicated or reserved for public use, including the size of such area or areas in acres.
Status: Compliance. It is our office's understanding that streets, alleys, pedestrian ways and utility easements
comprise the full list of any public dedications that are intended for the Plat.
10. Subsection (i): Water supply. Water mains shall be provided to serve the subdivision by extension of an existing
community system, with connections stubbed into the property line when feasible. All necessary fire hydrants
shall also be provided. Any extensions of the public water supply system must be desigoed to provide public
water in accordance with the standards of the City.
Status: Compliance.
11. Subsection (k): Sewage disposal. Mains and service connections to be installed for all lots, connected to the
public system.
Status: Compliance.
'I
June 29, 2005
Page 4
12. Subsection (J): Surface water. To include provisions for surface water disposal, drainage, and flood control.
Status: Compliance Status Unknown. Our office defers to the review of City staff and/or other City
consultants on this matter.
D. ADDITIONAL COMMENTS
1. Supplementary information required of applicant. Code Section 13-4(a)(4) allows the City Manager to require
applicants to supply additional data on use, soil surveys, potential adjacent subdivisions, potential re-subdivision, or
similar matters. At this time our office is not aware of any such requests from the City Manager.
2. Re-zonine:. Our office recommends that the Plat's "Notes" section be expanded to indicate that a zoning
change request (to Planned Unit Development) is included in the Plat approval request. Whether or not such
notation is added, we ,suggest that the owner and developer be reminded that Code Section 13-4(a)(4)(c) provides
that any re-zoning data on City-approved preliminary plat records appears for informational purposes only and
does not provide a basis for claiming vested rights.
3. Scope of area drawn. A number of Code sections require details of the surrounding area to be shoWn to a
minimum of 350 feet. It is the opinion of our office, however, that the Planning Commission and the City Council can
waive this requirement if other documents on file with the City show data sufficient to assist with planning.
4. Site plan. As the Plat borders a county road, Section 13-4(a)(5) of the Code requires a preliminary site plan.
5. Dedication. No dedication language appears on the Plat. While such language is not specifically required under
the Code at the preliminary plat stage, it is our office's opinion that use of the term "plat" implies inclusion of appropriate
dedication language and we ask that proposed language be submitted to us in advance of the final plat.
6. Evidence of Ownership. As a matter of City policy, plat applicants are required to submit a title insurance
commitment or other appropriate title history evidence so that the City can verify that the proper individuals have been
identified with respect to signing the Plat. Such information has not yet been supplied to our office by the applicant
and shonld be sent directly to us as soon as reasonably possible.
7. Title Insurance. We recommend the owner and developer be reminded, if applicable, that the City customarily
requires a title insurance policy in connection with any easement or right-of-way areas to be dedicated on a plat.
We would be happy to address any questions you may have regarding our comments or to speak with a representative of
the owner, developer or surveyor regarding potential revisions to the Plat.
Sincerely,
Clarissa M. Klug, Assistant City Attorney
ee: Shawn Siders New Hope Community Development Specialist (via email tossiders@eLnew-hope.nm.us)
Pam Sylvester, New Hope Administrative Support Specialist (via email to psylvester@ci.new-hope.nm.us)
Vincent T. Vander Top, New Hope Engineer (via email to vvandertop@bonestroo.eom)
Alan Brixius, New Hope Planoing Cousultant (via email to planners@naeplanning.eom)
Steven A. Sondrall, New Hope City Attorney (via email tosas(a)iensen-sondrall.com)
P:\Attol11~y\Cmk\Clients\CNH\99-15067\OOl-Rosalyn Court Apts - Preliminary Plat Review Report (full tcxt).doc
.
GORDON L. JENSEN1
CLARISSA M. KLUG
AMY E. P APENHAUSEN
GLEN A. NORTON
STEVEN A. SONDRALL
ARIc T. STIENESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
lReal Property Law
Specialist Certified By
The Minnesota State
Bar Association
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
Writer's Direct Dial No.: (763) 201-0222
e-mail cmk@jensen-sondrall.com
June 29, 2005
Charles Carlson
Community Development Intern
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
VIA E-MAIL & US MAIL
Re: Rosalyn Court Properties LLC Planned Unit Development Application
Our File No.: 99.11327
Dear Mr. Carlson:
We have reviewed the application of Rosalyn Court Properties, LLC for Planned Unit
Development approval to facilitate the conversion of properties at 2700 through 2740 Rosalyn
Court into a common interest community (CIC), focusing in particular on the Disclosure Statement
entitled "Notice of Conversion". The Notice is governed by Minoesota Statutes Section 515BA.
111, and we find that the content of the form presented complies with the various core
requirements of that statute. We suggest that the following additional information be supplied by
the applicant to further assure the City that all applicable requirements of Chapter 515B have been
met, including the establishment of "adequate reserves" as required by Minnesota Statutes Section
515B.3-114':
I.. A copy of the general form of purchase agreement intended to accompany the Notice of
Conversion.
2. A statement from the applicant's attorney certifying, in reasonably adequate detail, that
the various documents attached to the Notice of Conversion are in compliance with all
applicable terms of Minnesota Statutes Chapter 515B, including the requirement in
Section 15BA-III that the purchase agreernent presented in conoection with the Notice
contains no "terms or provisions which violate any state or federal law relating to
discrimination in housing." This letter need not, however, be a formal opinion of counsel
akin to those presented in the context of commercial lending.
I Though setting reasonable reserves is of course a complicated exercise in practice, the statutory requirement
is actually very straightforward and provides as follows: "The annual budgets of the association shall provide
from year to year, on a cumulative basis, for adequate reserve funds to cover the replacement of those parts of
the common elements and limited common elements which the association is obligated to maintain, repair or
replace. Unless the declaration provides otherwise, any surplus funds that the association has remaining after
payment of or provision for common expenses and reserves shall be (i) credited to the unit owners to reduce
their future common expense assessments or (ii) credited to reserves, or any combination thereof, as
determined by the board of directors."
July I, 2005
Page 2
3. A brief written assurance from the applicant (if not already received) specifying that the Notice will in each
instance be delivered in a specially-marked envelope as required by the terms of Minnesota Statutes Section
515B.4-III(a)(4).
4. A commitment to enter into a Planned Unit Development Agreement so that the upcoming anticipated site work
is fully documented2
Other areas of general concern we suggest you review internally and with the appropriate outside entities are the basic
Planned Unit Development concerns of proper and safe access, efficient use of land in terms of utilities, ongoing
maintenance, etc.
As always, feel free to contact us with any follow up questions you may have.
Sincerely,
Clarissa M. Klug, Assistant City Attorney
cc: Shawn Siders, Community Development Specialist
Steven A. Sondrall, New Hope City Attorney (via email tosas@jensen-sondrall.com)
P:\Attomey\Cmk\C1ients\CNH\99~11327\RosaJyn Court Apartments Conversion - 6-29-05 Memo rc CIC matters.doc
2 As part of structuring this Agreement we suggest that City staff, the applicant and our office address whether any special provisions
may need to be included to clarify the access rights of emergency vehicles and personnel into cornmon areas of the
Association.
.
NOR T H W EST AS S 0 C I AT E D CO N S U L TAN T S, I N C .
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Tel,ephone: 763.231.2565 Facsimile: 763.231.2561 planners@nacplanning.com
TO:
Kirk McDonald
FROM:
Michael Darrow / Alan Brixius
DATE:
June 29, 2005
RE:
Review of Rosalyn Court Condominiums
JOB#:
131.01-05.10
Background
John P. Roder is requesting CUP/PUD approval in order to convert the Rosalyn Court
Apartments into condominiums. The property is located at 2700 Rosalyn Court. This
conversion will change the property from leased units to individually owned properties.
A CUP/PUD is required for a Common Interest Community. (CIC)
Roslyn Court Apartments is currently zoned R-4, High Density Residential District. The
applicant is proposing to convert sixty (60) apartments into individually owned
condominiums.
The conversion will be completed as part of a phased development which involves
converting the properties at 2700 and 2730 Roslyn Court first and within the next 10
years converting the remaining 36 units if it is favorable for the Owner.
The applicant is in the process of completing upgrades to the buildings and the grounds.
The improvements include repair and replacement of parking areas; tuck pointing of
brink veneer on garages, repair to the interior garage walls and repainting of common
area hallways. At this time no change in the shape or location of the buildings will occur.
Upgrades are also planned for the interiors of each unit. The improvements include
replacing all appliances, all cabinets, all flooring and all tiled areas in the bathrooms.
Below is a review of the submitted application:
'I
Issues Analysis
Zoning.
The property is zoned R-4, High Density Residential District, which permits multiple
family dwelling structures. The apartment buildings meet all set back requirements of
the R-4 District.. The lot area and lot width exceed the minimum set by the Ordinance.
The overall density will remain as is and conforms to that allowed by the R-4 District.
Currently, 5 of the 6 apartment garages do not meet the minimum standards of the
Ordinance with regard to setbacks. The setbacks required by the Ordinance are as
follows:
Side yard interior
Building 2740 corner of larger garage is only
5 feet
2.77feet
Side yard abutting a street
20 feet
Side yard abutting a collector or arterial street 30 feet
Buildings 2700 and 2740_ garages are only setback 15.82 feet
All rear yards - Accessory buildings
5 feet
All rear yards - Garage 10 feet
Buildings 2700, 2710, and 2720_garages are setback less than
1 0 feet
The applicant is not proposing to further encroach into the required setbacks and
therefore these legally nonconforming structures are allowed to continue to be utilized.
If however any change to the exterior of the buildings are proposed the applicant will be
required to resubmit plans for review and approval of the City.
Grading, Drainage and Utilities.
The overall grading, drainage and utilities plans needed for the site are subject to the
review and approval of the City Engineer. According to Section 4-34.7 of the Ordinance,
all utilities of a PUD shall be installed underground. The plan submitted by the applicant
show overhead utilities. The location of the hydrants shall be subject to the approval of
the City Engineer and Fire Chief.
Parking
The entire property contains 60 outdoor parking spaces and 60 indoor garage parking
spaces. As a condition of approval, the applicant will be required to have 1.5 spaces
per unit as off-street parking.
2
, .
Building Plans and Building Management
The applicant is not proposing major changes to the floor area or unit boundaries. As a
condition of approval, a floor plan must be submitted in order to verify that all
improvements are within code and minimum floor areas per units are met.
One Bedroom Units
Two Bedroom Units
600 square feet
750 square feet
It is intended that management of the building will be maintained by the current
management company and an association entity. As a condition of approval,
management agreements shall be submitted and are subject to the review of the City.
The CIC and related associations must be large enough to accommodate the on-going
maintenance of the building and capital improvements necessary for the long term. The
overall budget shall be subject to the review and approval of the City. Additionally, if
only two buildings are converted into condominiums than all buildings will be required to .
be part of the association.
Sales of the units will be available for reservation only. The applicant has provided the
City with a pricing sheet. To ensure compliance with condominium sales requirements,
the PUD agreement and related materials will be required to be provided to future
owners. Additionally, the applicant must define how they will handle sales facilities (on
site sale office) on the premises.
As a requirement, the applicant shall provide the location of new locked boxes. The
Fire Chief shall review the proposed plans and comment on the need for upgrades to
the firm alarm panels, emergency lighting, and other safety features.
Signage
No sign plan has been submitted. The applicant will be required to provide to the City a
comprehensive sign plan. City shall determine the appropriate locations and limitations
of For Sale or For Lease signs.
Lighting
The applicant will be required to provide additional lighting around the building and
garages for safety purposes. The overall lighting plan is subject to the review and
approval of the City.
Conclusion
Our office has reviewed the submitted plans and find that the request is generally
acceptable. If the Planning Commission recommends and the City Council approves
3
the applicant's request, our office would recommend that approval is based upon the
following recommendations:
1. The overall grading, drainage, and utilities plans are subject to the review and
approval of the City.
2. The location of the hydrants shall be subject to the approval of the City Engineer and
Fire Chief.
3. All utilities shall be installed underground to be in compliance with Section 4.37.7 of
the Zoning Ordinance.
4. The applicant shall be required to provide 1.5 parking spaces per unit.
5. Management agreements shall be submitted and are subject to the review of the
City
6. The CIC and related associations shall be large enough to accommodate the on-
going maintenance of the building as well as provide for long-term capital
improvements for the building. The overall budget is subject to the review and
approval of the City.
7. If only two (2) buildings are converted into condominiums, all buildings shall be
required to be part of the association.
8. The applicant shall illustrate how sales are to occur on site.
9. The location of locked boxes, fire alarms, emergency lighting and other related
safety features are subject to the review and approval of the Fire Chief.
10.A comprehensive signage plan shall be required.
11. The applicant shall be required to provide lighting around all buildings and garages.
12. The applicant shall enter into a development agreement with the City.
13.Additional comments from City Staff, the Planning Commission or City Council.
4
-> ... \.-
JLIj Bonestroo
III::lB Rosene
"till Anderlik &
. \J. Associates
Engineers & Architects
2335 West Highway 36. SI. Paul, MN 55113
Office: 651-636-4600' Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 16,2005
SUBJECT: Rosalyn Court comments
Our File No. 34-Gen SW20.05.01
We have received the application for the conversion of Rosalyn Court Apartments into Rosalyn
Court Condominiums. The following comments should be considered:
1. Utility and Drainage easements exist along certain common lot lines. The following
additional easements are recommend:
a. 10- foot Utility and Drainage easement centered on the common lot line between Lots
3 and 4. A significant amount of drainage comes from the NW comer of the
property. This easement could protect that drainage way.
b. lO-fott Utility and Drainage easement centered on the common lot line between Lots
1 and 2.
2. Provide Utility easement across Lot 3 enabling the electric line to the light at the end of the
cul-de-sac. .
3. Verify the existence of easement over the storm sewer along the east lot line of Lot 1. This
storm sewer was installed after the original plat.
4. Provide a 5-foot-wide Sidewalk easement along the south lot line of Lots 1 and 5. This
would allow the future relocation of the sidewalk if a turn lane was added into Rosalyn Court
in the future. The construction of a turn lane is not required at this time.
End of Comments
If you have any questions or concerns please contact me at 651-604-4919.
'SI. Paul, SI. Cloud, Rochester, Willmar, MN . Milwaukee, WI. Chicago, IL
Affirmative AcUonfEqual Opportunity Employer and Employee Owned
'I
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
Phone information extension extension
was missing or waiver .
05-08 John Roder 6/10/05 8/9/05 1 0/8/05
Rosalyn Court Properties LLC
6700 Humboldt Ave N #104
Brooklyn Center 55430
763-560-9601
Fax 763-201-7969
20-118-21-33-0094,0095,0096,
0097,0098
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the City received the applicatiQn.
D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60-day limit, include all calendar days.
F. To calculate the 120-day limit, include all calendar days.
G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
,
Planning Case:
Petitioner:
05-09
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 12, 2005
July 1, 2005
Address:
Request:
Frey Development/Commercial Property Development Corp. and city of New Hope
7500, 7516, 7528 42nd Avenue North
Planned unit development, conditional use permit, preliminary plat, site/building plan
review, comprehensive sign plan, and administrative permit for outdoor dining
I. Request
The petitioner is requesting a planned unit development to allow construction of two condominium
buildings with three units in each building and one condominium building with two units on the
northern and eastern portions of the site and one restaurant/retail building on the western portion of
the site, a conditional use permit for shared parking and site access, preliminary plat for property to be
known as New Hope Quebec Addition, site/building plan review, comprehensive sign plan, and an
administrative permit for outdoor dining, pursuant to Sections 4-33, 4-34, 4-35, 3-40 and Chapter 13 of
the New Hope Code of Ordinances.
II. Zoning Code References
Section 4-33
Section 4-34
Section 4-35
Section 3-40
Chapter 13
III. Property Specifications
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Planning Case Report 05-09
Administration - Conditional Use Permit
Administration - POO, Planned Unit Development
Site/Building Plan Review
Sign Code
Subdivision and Platting
CB, Community Business
Northeast quadrant of 42nd and Quebec avenues
Industrial to the north, community business (Sunshine Factory) to the west
across Quebec Avenue and south across 42nd Avenue, the c.P. Rail line is
located along the east property line and community business (Gill Brothers
Funeral Chapel) and R-4 high density housing properties are east of the
railroad tracks
109,899 square feet - 2.523 acres
Page 1
7/1/05
Building Area:
Lot Area Ratios:
Planning District:
Specific Information:
Planning Case Report 05-09
Retail/Restaurant Building - 9,616 square feet
Building B (office building) - 4,560 square feet x 2 bldgs. = 9,120 square feet
Building C (office building) - 3,072 square feet
Green Area:
Building Area:
Hard Surfaces:
Outdoor dining:
Parking/drives/sidewalk:
30,014 square feet = 27%
21,808 square feet = 20%
958 square feet = < 1 %
58,484 square feet = 53%
No. 11; The Comprehensive Plan indicates that a goal of the city is to enhance
and revitalize the city's commercial areas along 42nd Avenue and in the City
Center area. The site at the northeast corner of 42nd and Quebec avenues
consisted of three industrial properties, with the property in the middle
undergoing a significant environmental cleanup. Redevelopment efforts
should change the properties to a commercial land use that would be
complementary to the entire City Center area. The properties were rezoned
from industrial to commercial when the zoning code was updated in 1998.
Over the past 10 years, the city has acquired and demolished all three
industrial properties located at 7500, 7516 and 7528 42nd Avenue North to
promote community development and clean up the contaminated former
Electronic Industries site. In order to expedite the cleanup of the
contaminated groundwater on the site, the city made successful application
to the State of Minnesota and Hennepin County to fund the cleanup of the
groundwater. Electronic Industries covered the cost sharing portion of that
grant and to date, the environmental remediation efforts are complete and
development can commence. In order to receive a "close out" letter from the
Minnesota Pollution Control Agency (MPCA), the city must submit the
proposed redevelopment plans to the MPCA to ensure compliance with the
"Declaration of Environmental Restrictive Covenants" agreement that was
approved by the city and MPCA. Those efforts are underway in conjunction
with the redevelopment team and the city through its environmental
consultant.
On November 23, 2003, the City Council approved a Purchase Agreement
with JCS Development and Frey Development, Inc. for the redevelopment of
this property. JCS had proposed to construct a Culver's restaurant on the
western portion of the property and Frey Development proposed the
construction of eight (8) office condominiums on the eastern half of the
property. On April 21, 2004, JCS notified the city that it was canceling the
approved purchase agreement for the western half of the property. JCS
identified the close proximity of this site to other Culver's Restaurants as the
principal reason for canceling the purchase agreement.
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On January 3, 2005, Frey Development and Manley Land Development
submitted a redevelopment proposal that proposed the redevelopment of the
site into eight (8) office condominiums on the eastern half of the property and
a 9,616 square foot restaurant/retail use on the western half of the site. Viva
Italia, a full service Italian restaurant is proposed to anchor the retail
building. It will occupy approximately 4,500 square feet of the building. The
remaining tenants have yet to be determined.
The New Hope Economic Development Authority (EDA) reviewed the
redevelopment proposal and was generally supportive of the concept. On
June 27, 2005, the EDA approved a purchase agreement with Frey
Development and Manley Land Development. The property. will be
transferred once all of the necessary planning approvals have been received
by the city, Hennepin County and the MPCA.
Because of the remnants of contaminated soils that are on the site, all of the
buildings will be constructed slab on grade with no basement. The utilities
for this site have been designed in a manner to avoid the more highly
concentrated contaminated area located in the southern and eastern sections
of the site.
IV. Background
Frey Development and Manley Land Development has submitted applications for a preliminary plat,
Planned Unit Development/Conditional Use Permit, site and building plan review and comprehensive
sign plan approval. The property is located at 7500-7528 42nd Avenue North. The properties are
currently divided into three parcels, the preliminary plat proposes the consolidation of three parcels
into two parcels. Lot No.1, a 55,894 square foot parcel, will be redeveloped into a 9,616 square foot
restaurant. Viva Italia will anchor the retail building. Viva Italia will occupy approximately 4,500
square feet of the building. The applicant proposes a 958 square foot outdoor dining area in addition to
the restaurant. Lot No.2, a 54,005 square foot parcel, will be redeveloped into three (3) office
condominium buildings. A total of eight office condominium units will be available for purchase.
Parking on the site will be shared for both parcels. A shared access and joint parking agreement will be
required with the redevelopment of this site.
V. Petitioner's Comments
Correspondence submitted by the petitioner on June 14 stated that eight office condominium units
would be constructed on the easterly half of the parcel: two 3-unit buildings and one 2-unit building.
The buildings would be slab on grade foundations with cultural stone/burnished and EIFS exteriors.
The units would range in size from 1,500 square feet to 6,000 square feet with a total of 15,300 square
feet available. Each unit would have a separate entrance.
An 8,400 square foot retail center is proposed for the balance of the site. The building would have five
bays of approximately 1,680 square feet each. An Italian restaurant, Viva Italia, would anchor the
building, and occupy the southern 4,500 to 5,000 square feet. The plans also call for an exterior seating
area for the restaurant. It would require wine and beer license minimum or a full liquor license if
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possible. The balance of the space would be available for other retail users. The exterior of the retail
center would be of similar materials as the office condominiums with a more retail style.
VI. Notification
Property owners within 350 feet of the property were notified and staff has received no comments.
VII. DevelopmentAnalysis
A. Zoning Code Criteria
Administration - PUD, Planned Unit Development
Purpose and Intent.
The purpose of this section of the Zoning Code is to provide for the grouping of lots or buildings
for development as an integrated, coordinated unit as opposed to traditional parcel by parcel,
piecemeal, sporadic and unplanned approach to development.
This section is intended to introduce flexibility of site design and architecture for the conservation
of land and open space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further intended that
Planned Unit Developments are to be characterized by central management, integrated planning
and architecture, joint and common use and maintenance of parking, open space and other similar
facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing
deviation from the strict provisions of this Code related to setbacks, heights, lot area, width and
depth, yards, etc., by either conditional use permit or rezoning to a PUD District, is intended to
encourage:
1. A development pattern in harmony with the objectives of the Comprehensive Plan. (PUD is not
intended as a means to vary applicable planning and zoning principles.)
2. Innovations in development to the end that the growing demands for all styles of economic
expansion may be met by greater variety in type, design, and siting of structures and by the
conservation and more efficient use of land in such developments.
3. The preservation and enhancement of desirable site characteristics such as existing vegetation,
natural topography and geologic features and the prevention of soil erosion.
4. A creative use of land and related physical development which allows a phased and orderly
transition of varying land uses in close proximity to each other.
5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering
development costs and public investments.
6. Promotion of a desirable and creative environment that might be prevented through the strict
application on zoning and subdivision regulations of the city.
Conditional Use Permit
The purpose of a Conditional Use Permit is to provide the city with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the general
welfare, public health, and safety. In making this determination, to allow a conditional use permit
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application, the City may consider the nature of adjoining land or buildings, similar uses already in
existence and located on the same premises or on other lands close by, the effect upon traffic into and
from the premises, or on any adjoining roads, and any other factors bearing on the general welfare,
public health, and safety from the approval of the conditional use permit.
Criteria for Decision. The Planning Commission and City Council shall consider possible adverse
effects of the proposed conditional use. In determining whether to approve or deny a conditional use
permit, the City Council and Planning Commission shall find that the conditional use permit complies
with the following criteria. The burden of proof demonstrating compliance with the following criteria
shall be the responsibility of the applicant.
A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official Comprehensive Municipal
Plan of the City.
B. Compatibility. The proposed use is compatible with adjacent present and future anticipated land
uses.
C. Performance Standards. The proposed use conforms with all applicable performance standards
contained in the Code.
D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
E. Zoning District Criteria. In addition to the above general criteria, the proposed use meets the
criteria specified for the various zoning districts:
1. In Business Districts (L-B, C-Bl:
a. Traffic. The proposed use will not cause traffic hazards or congestion.
b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected
because of traffic generation, noise, glare, or other nuisance characteristics.
c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected
because of curtailment of customer trade brought about by intrusion of unduly heavy non-
shopping traffic or general unsightliness.
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Council deems necessary for the health, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per routine policy, the preliminary plat was submitted to city department heads, city attorney, city
engineer, planning consultant, utility companies and Hennepin County for review and comment.
The applicant proposes the resubdivision of three existing parcels into two commercial parcels. In
review of the preliminary plat, the following comments are offered:
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The two proposed lots meet the city's CB Zoning District standards for lot area and width. The lots
are configured and sized to conform to the city subdivision standards.
Lot Area
Lot Width
163.05 feet
156.85 feet
Lot No.1
Lot No.2
55,894 square feet
54,005 square feet
The city has not received written comments from Hennepin County regarding additional right-of-
way that may be required. However, the city engineer has had preliminary discussions with
Hennepin County and they have indicated that they would limit the access to 42nd Avenue to a
right in only. The city has not received an official comment letter from Hennepin County, however,
the city engineer recommends that the access from 42nd A venue be limited to a right in only.
Quebec Avenue is platted with a 60 foot right-of-way. The city engineer has indicated that the city
will not require additional right-of-way along Quebec Avenue from this development.
The developer will be required to provide a 10 foot drainage and utility easement around the entire
perimeter of Lot Nos. 1 and 2. That easement will be required to be shown on the plat.
The city engineer has indicated that access to the trunk sanitary manholes along the eastern edge of
the property will be necessary. Therefore, an access path must be identified and a permanent
easement dedicated to the city.
The city attorney offered the following comments regarding the preliminary plat:
"We have reviewed the proposed New Hope Quebec Addition preliminary plat (the "Plat") for
compliance with New Hope City Code Section 13-4(a) and following (the "Code"). A summary of
Code requirements appears below along with our comments. Non-compliance concerns, along with
items for suggested additional review, appear in bold.
GENERAL PROVISIONS - City Code Section 13-4(a)(1)
Subsection (a): Name. Not to duplicate/closely resemble existing county subdivisions.
Status: Compliance. The Hennepin County database shows no troublingly similar names.
Subsection (b): Boundary lines. In relation to section, quarter or quarter-quarter lines.
Status: Compliance. Auditor's Sub. No. 324 data provides sufficient information.
Subsection (c): Names, addresses. Required for the owner, developer & surveyor.
.
Status: Non-compliance. Developer data is missing and the name of the community
development specialist is to be updated to Shawn Siders.
Subsection (d): Scale. To include a bar scale, not less than one inch to 100 feet.
Status: Non-compliance. A bar scale is missing.
Subsection (e): Date & northpoint. Date is to indicate the Plat preparation date.
Status: Compliance.
EXISTING CONDITIONS - City Code Section 13-4(a)(2)
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Subsection (a): Boundary lines. All to be clearly shown.
Status: Compliance.
Subsection (b): Zoning classifications. To include existing data for abutting areas and the
subdivision.
Status: Non-compliance. Zoning classification data is either missing or not clearly marked.
Subsection (c): Acreage and dimensions. General statement, with approximate total and lot acreage.
Status: Compliance.
Subsection (d): Previously platted details. To 350 feet beyond the tract, including all right-of-way
areas (existing or previously platted) with types, names, widths and conditions. Also to include
railroad and utility areas, parks, open spaces, permanent structures, easements and section and
corporate lines.
Status: Non-compliance. We recommend an added width range for 42nd Avenue along .with
railroad right-ofcway (if any) to the east. Surrounding 350 feet not depicted, but see "Additional
Comments" below.
Subsection (e): Sewer, water main and other details. To include culverts or similar underground
facilities (within the subdivision and to 350 feet beyond), with data on location, size, grade, invert
elevation. Catch basins, manholes and hydrants are to be included.
Status: Non-compliance. Size information appears to be missing, though it may have been given
to city staff separately. Surrounding 350 feet not depicted, but see "Additional Comments"
below.
Subsection (f): Adjoining land. To be shown within 350 feet of subdivision, with area name and
ownership.
Status: Non-compliance. Some adjoining owner data missing. Surrounding 350 feet not
depicted, but see "Additional Comments" below.
Subsection (g): Topography. To include water drain/courses, marshes, woods, rock outcrops, power
transmission poles/lines, and other significant features (to 350 feet and consistent with city's
topographic map).
Status: Unknown. Our office defers to the review of city staff and/or other city consultants on
this matter. Surrounding 350 feet not depicted, but see "Additional Comments" below.
PROPOSED DESIGN FEATURES - City Code Section 13-4(a)(3)
Subsection (a): Street design. To show proposed street layout, with widths, centerline gradients,
typical cross sections, and proposed names.
Status: Compliance. It is our understanding that the Plat includes no new dedicated streets.
Subsection (b): Alleys, pedestrian ways, easements. Layout to show proposed alleys, etc., including
widths.
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Status: Compliance Status Unknown. The Plat does not appear to include the drainage and
utility easement areas typical to those of other platted land in the city. Our office suggests
further review of this point by the office of the city engineer.
Subsection (c): Stormwater runoff. To include typical cross-sections of proposed improvements, with
an indication of proposed stormwater runoff. Contributing drainage from other areas is also to be
shown.
Status: Unknown. Our office defers to in-house city staff and/or other city consultants on this
matter.
Subsection Id): Street and alley centerline gradients. To include approximate center line gradients of
proposed streets and alleys, and of adjoining streets (if any).
Status: Compliance. A median appears to be included in the 42nd Avenue North portion of the
Plat, and it is the understanding of our office that the Plat does not include any proposed alleys.
Subsection Ie): Sewer lines and water mains. Locations and size of proposed sewer lines and water
mains.
Status: Unknown. Our office defers to in-house city staff and/or other city consultants on this
matter.
Subsection If): Lots and blocks. To include numbers and preliminary dimensions of lots and blocks.
Status: Compliance
Subsection I g): Building setback lines. Minimum front and side street building setback lines.
Status: Non-compliance. This information appears to be either missing or not clearly labeled.
Subsection (h): Setback on curved lot. To include width of the lot at the building setback line.
Status: Not applicable
Subsection Ii): Other dedicated areas. Areas, other than streets, alleys, pedestrian ways and utility
easements, intended to be dedicated or reserved for public use, including the size of such area or
areas in acres.
Status: Compliance. It is the understanding of our office that the Plat does not include any
dedicated areas that fall outside the scope of streets, alleys, pedestrian ways or utility easements.
Subsection (j): Water supply. Water mains shall be provided to serve the subdivision by extension of
an existing commtmity system, with connections stubbed into the property line when feasible. All
necessary fire hydrants shall also be provided. Any extensions of the public water supply system
must be designed to provide public water in accordance with the standards of the city.
Status: Unknown. Our office defers to in-house city staff and/or other city consultants on this
matter.
Subsection (k): Sewage disposal. Mains and service connections to be installed for all lots, connected
to the public system.
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Status: Unknown. Our office defers to in-house city staff and/or other city consultants on this
matter.
Subsection (1): Surface water. To include provisions for surface water disposal, drainage, and flood
controL
Status: Unknown. Our office defers to in-house city staff and/or other city consultants on this
matter.
ADDITIONAL COMMENTS
Supplemental;)" information required of applicant. Code Section 13-4(a)(4) allows the city manager
to require applicants to supply additional data on use, soil surveys, potential adjacent subdivisions,
potential re-subdivision, or similar matters. At this time our office is not aware of any such requests
from the city manager.
Re-zoning. It is our understanding that nore-zoning is anticipated. We ask that the owner and
developer nonetheless be reminded that Code Section 13-4(a)(4)(c) provides that any re-zoning data
on city-approved preliminary plat records appears for informational purposes only and does not
provide a basis for claiming vested rights.
Scope of area drawn. A number of Code sections require details of the surrounding area to be
shown to a minimum of 350 feet. It is the opinion of our office, however, that the Planning
Commission and the City Council can waive this requirement if other documents on file with the
city show data sufficient to assist with planning.
Site plan. As the Plat borders a county road, Section 13-4(a)(5) of the Code requires a preliminary
site plan.
Dedication. No dedication language appears on the Plat. While such language is not specifically
required under the Code at the preliminary plat stage, it is our office's opinion that use of the term
"plat" implies inclusion of appropriate dedication language and we ask that proposed language be
submitted to us in advance of the final plat.
Evidence of ownership. As a matter of city policy, plat applicants are required to submit a title
insurance commitment or other appropriate title history evidence so that the City can verify that
the proper individuals have been identified with respect to signing the Plat. Such information has
not yet been supplied to our office by the applicant and should be sent directly to us as soon as
reasonably possible.
Title insurance. We recommend the owner and developer be reminded, if applicable, that the city
customarily requires a title insurance policy in connection with any easement or right-of-way areas
to be dedicated on a plat.
Legal description. It would be helpful if the Plat notes were amended to include recording data on
the document that operated to vacate the alleyway to the north.
Date. The Plat complies with the Code requirement that a plat drawing date be provided, but the
date shown is over a year old and an updated surveyor report or re-confirmation of conditions may
accordingly be advisable."
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Planner - Comments are incorporated. See attached correspondence dated June 29, 2005
Utili1;y Companies - No comments received.
Ci1;y Engineer - Comments are incorporated. See attached correspondence dated June 29, 2005.
Hennepin Coun1;y - No comments submitted to date.
City Attorney - Comments are incorporated. See attached correspondence dated June 28, 2005.
The City Code states that copies of the final plat shall be submitted to the Planning Commission for its
review and recommendation, unless this requirement is waived by the Planning Commission
during its review of the preliminary plat. Per the attached correspondence, the petitioner has
requested waiver of the review of the final plat by the Planning Commission. The Planning
Commission will need to make a determination as to whether it wants to review the final plat or not.
Due to the simple nature of the plat, staff is recommending that the Planning Commission waive the
review of this final plat.
Site and Building Plan Review Code Criteria
The purpose of the site plan review is to insure that the purposes of this Code are adhered to, it is
hereby determined that a comprehensive review of site, building and development plans shall be
made by the Planning Commission and approved by the City Council prior to the issuance of any
building permits by the building official pursuant to the procedure established by this section.
In making recommendations and decisions upon site and building plan review applications, the staff,
Planning Commission and City Council shall consider the compliance of such plans with the
following standards:
1. Consistency with the various elements and objectives of the city's long range plans, including
but not limited to the Comprehensive Plan.
2. Consistency with the purposes of this Code.
3. Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil
removal, and designing any grade changes so as to be in keeping with the general appearance of
neighboring developed or developing areas.
4. Creation of a harmonious relationship of buildings and open spaces with the terrain and with
existing and future buildings having a visual relationship to the proposed development.
5. Creation of a functional and harmonious design for structures and site features including:
a. Creation of an internal sense of order for the various functions and building on the site and
provision of a desirable environment for occupants, visitors, and the general community.
b. Appropriateness of the amount and arrangement of open space and landscaping to the design
and function of the development.
c. Appropriateness of the materials, textures, colors, and details of construction as an expression
of the design concept of the project and the compatibility of the same with the adjacent and
neighboring structures and functions.
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d. Adequacy of vehicular, cycling and pedestrian circulation, inclucting walkways, interior drives
and parking, in terms of location and number of access points, general interior circulation,
separation of pedestrian, cycling and vehicular traffic and arrangement and amount of
parking so as to be safe, convenient and, insofar as practicable, compatible with the design of
proposed builctings, structures and neighboring properties.
6. Creation of an energy-conserving design through design, location, orientation and elevation of
structures, the use and location of glass in structures, and the use of landscape materials and
site grading.
7. Protection of adjacent and neighboring properties through reasonable provisions for such matters
as surface water drainage, sound and sight buffers, preservation of views, light and air, and those
aspects of design, not adequately covered by other regulations, which may have substantial effects
on neighboring land uses.
B. Development Review Team
The development review team met on June 15 to consider this request. The development review
team was supportive of the redevelopment subject to conditional approval by the Planning
Commission and the City Council. Items that were discussed included: access to 42nd A venue is
subject to Hennepin County review and approval, the rear yard setback from the north property
line for Lot No: 2 is 24 feet with 30 feet required in the CB zone, this can be approved through the
POO, Plat indicates 60 feet of right-of-way on Quebec Avenue, plat should identify easements, a 10-
foot drainage and utility easement should be provided on the periphery of Lot Nos. 1 and 2,
reconfiguration of the storm sewer through the property, discuss the location of water and sewer
lines and the size and location of the easements, two fire hydrants are acceptable if the builcting is
sprinkled, a lock box will be required on all buildings, a 10-foot fire lane has to be provided on each
side of the fire hydrant, identify the turning radius and circulation patterns on the plans, extend the
sidewalks to 42nd A venue, provide lighting detail per the City Code, identify snow storage areas
that do not encumber parking spaces, landscaping plan and plant schedule must match, provide
evidence that site has adequate parking as site does not comply with parking standards, possibly
provide landscaped islands in the north parking area, consider shifting the north building "B" to
the east to provide enhanced circulation, provide fence/gate detail for the outdoor dining area,
continue the cultured stone around the entire building A, utilize cultured stone on the visible sides
of builctings "B" and "C" and the double line banner signs must be reduced to 81 square feet.
C. Design and Review Committee
The Design and Review Committee met with the petitioner on June 16 and discussed the same
issues listed above. In addition, a member of the committee inquired about the possibility of
requiring the access from 42nd Avenue be constructed as a right in only entrance. Further, the
applicants were encouraged to provide additional site enhancements.
D. Plan Description
Revised plans and comments were submitted as a result of the Design and Review Committee
meeting and comments from the planning consultant, city engineer and developer on the submitted
plans are as follows:
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Lot Area and Setbacks:
The following setbacks are required in the CB zone to accommodate the redevelopment of this
project. Lot No. 2 does not comply with the required rear yard setback, however, because the
application is being rued as a Planned Unit Development, the Planning Commission and City
Council are provided with some flexibility as to the required setbacks. Because the rear property
line abuts an industrial use, granting a reduced rear yard setback is appropriate.
Required Lotl Lot2 Compliance
Lot Area N/A 55,894 sJ. 54,000 sJ. Y es/Y es
Lot Width N/A 163' 157' Yes/yes
Setbacks:
Front 20' 24' 20.5' Yes/Yes
Side/Corner 20' 20' 24' Yes/Yes
SidefInterior 10' 74' 87' Yes/yes
Rear 30' 170' 24' Yes/No
Site Information
The development plans indicate the following site information:
Total Site Area 109,899 (2.523 acres)
Building Coverage Area 21,401 sq. ft.
Office Condominium Square Footage 15,345 sq. ft.
Restaurant/Retail Use Square Footage 9,616 sq. ft.
Total Greenspace 30,014 sq. ft.
Paved Surface Area 58,484 sq. ft.
Lot No.1 will be redeveloped into a 9,616 square foot restaurant/retail use on the western half of
the property. Approximately 4,500 square feet of this building will be anchored by a restaurant use.
An additional 958 square foot outdoor dining area will be constructed to accommodate seasonal
outdoor dining.
Lot No.2 will be redeveloped into three separate office condominium buildings with a total of eight
tenant bays available for purchase. The two building B units will have three tenant bays in each.
The proposed building B units will be located near the north and south property lines. One of those
tenant bays will be a two story unit. The proposed building B will have two tenant bays. This
structure is located on the eastern edge of the property.
The city does not have a requirement regarding the amount of green space required in a project
area. The proposed site plan does provide 30,000 square feet of green area. This amount reflects
27% of the project area.
The applicant proposes a 958 square foot outdoor dining area. The outdoor dining area must be
reduced by 13 square feet to comply with city code. The applicant will be required to submit a patio
design which includes table arrangements, circulation patterns, trash receptacles (if any), fence
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details with ingress/egress gates and lighting details. The applicant has indicated that patio
furniture will be stored off site during the off-peak months.
Access, Parking and Traffic Circulation:
Access:
Access to the site is being proposed via a right in/right out on 42nd and Quebec A venues. The
Quebec A venue curb cut must align with the curb cut on the property located directly west of this
proposed development. The =b cuts are measured at 24 feet which meet the minimum standards
of the ordinance.
The city engineer has discussed the proposed right in/right out access to 42nd Avenue. Because this
is a county right-of-way, it is necessary for them to grant an access permit to construct the proposed
entrance. County staff has indicated that it would prefer not to have a direct access to this site on
42nd Avenue because of its close proximity to the intersection. However, Hennepin County
officials are considering the possibility of granting an access permit to allow a "right in" driveway.
If that is approved, vehicles will not be allowed to exit the site via 42nd A venue; all exiting traffic
will be required to use the curb cut on Quebec Avenue.
The city engineer is also recommending that the city construct a right turn only lane on Quebec
Avenue to access 42nd Avenue. No additional right-of-way is necessary to accommodate this right
turn lane from the applicant; however, the applicant will be required to share some of the costs to
install this additional turn lane on Quebec A venue. The basis for determining the cost sharing is
dependant upon the number of vehicles that will be generated from the redevelopment of this site.
The applicant has agreed to contribute a cash payment towards the construction of this turn lane.
The amount of cost sharing will be no less than $8,000 and no greater than $12,500. The final
amount contributed to this project will be finalized when the city engineer has had the opportunity
to draft a preliminary cost estimate for this project. The new turn lane will be designed by the city
engineer.
All driveway aprons will be installed in accordance with the city and county specifications. The
applicant will be required to coordinate the installation of the driveway aprons with Hennepin
County and the city's Department of Public Works to ensure the driveway apron is installed
properly.
Parking:
The site data suggests that 133 stalls are being provided and 161 stalls are required by Ordinance.
Staff calculation of required parking is 163 stalls and notes a shortage of 30 parking spaces.
Section 4.3 (e) (11) allows for joint use of parking which allows for a reduction in required parking
between two sites where it can be demonstrated shared parking can serve both properties without
conflict. Up to 50% of the required parking for a restaurant may be supplied through shared
parking with a day time use (business office), provided:
a. The parking is within 300 feet of both buildings sharing the parking. This standard is met.
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b. The applicant can show that there is no substantial conflict in business hours between the
two buildings and uses.
c. Written recordable and binding agreement or easement for shared parking must be
established.
All parking lot dimensions are compliant with city standards.
City staff recommends that the Planning Commission and City Council give favorable
consideration to this request as the office condominiums and restaurant/retail uses will have varied
hours of operation that should reduce the need for 163 parking spaces. If this recommendation is
approved, the applicant will be required to record a shared access and parking agreement that
grants use of the access and parking facilities at no expense to the property owners in perpetuity.
Circulation:
The applicant is suggesting that truck ingress and egress will be limited to Quebec Avenue..As a
condition of approval, the applicant must note the loading/unloading area designated for each
building.
The 9,116 square foot retail/restaurant building site should be designed to accommodate a large
truck (semi tractor and trailer) through the site. While it appears that the site plan provides the
turning radius in the north parking area, staff is concerned with turning movements exiting the site
in the northwest corner of the site, particularly if larger trucks are making deliveries.
City staff will require that the applicant illustrate on the site plan truck movements through the site.
A 50 foot turning radius is recommended for Lot 1 and a 45 foot radius for smaller trucks servicing
Lot 2.
Sidewalks:
The applicant proposes sidewalks to the restaurant and office condominiums will be extended to
intersect with the sidewalks along 42nd Avenue.
Refuse Enclosure
The applicant has identified a fully enclosed dumpster location on the eastern edge of Lot No.2 to
accommodate the office condominiums. The dumpster enclosure on Lot No. 1 for the
restaurant/retail use will be located on the north end of the building. The dumpster enclosures will
be approximately 220 square feet and will be constructed out of concrete block with cultured stone
that will match the retail building. The gates will be constructed out of cedar slats and will swing
out to allow access to the enclosure.
Landscaping
The applicant has submitted a landscaping plan which is in compliance with the City Code. The
applicant proposes planting 29 six foot tall Colorado spruce trees along the northern edge of the
properties to provide screening from the industrial use to the north. The applicant also proposes
planting 12 major deciduous trees on the eastern edge of the property to screen the property from
the railroad tracks to the east. The applicant also proposes the installation of 11 major deciduous
Planning Case Report 05-09
Page 14
7/1/05
trees on the western edge of the property to enhance the Quebec Avenue corridor. The applicant
has provided a foundation planting schedule for buildings B and C as well as the proposed signage.
Twenty two juniper daubs frosted shrubs will be planted around the outdoor dining area. This in
addition to the fence will provide adequate screening from the public right-of-way. Each parking
island will also be landscaped. The applicant proposes the installation of a series of spring snow
crabapple trees in the landscape islands.
The applicant has indicated that non-paved surfaces will be covered with sod. The applicant will be
required to install an irrigation system. The applicant will not be removing all of the trees that are
currently on the site. Those trees must be noted on the plans by location and species to ensure
proper tree protection is installed during construction.
The applicant proposes the following landscaping schedule:
Species Size Root Noted Shown
Spring Snow Crabapple 2.5" cal. cont. 43 43
Norway Maple 3" cal. B&B 5 5
American Linden 3" cal. B&B 5 5
Honey Locust - Thornless 2.5" cal. B&B 4 4
White Ash 2.5" cal. B&B 5 5
Sugar Maple 2.5" cal. B&B 4 4
Colorado Spruce 6'ht B&B 29 29
Juniper Daubs Frosted 30" cont. 22 22
Sea Green Juniper 2411 cont. 75 75
McKays White Potentilla 24" cont. 105 105
Varigated Hosta 8" cont. 168 168
Total 465 465
The proposed planting schedule conforms to the City Code and staff recommends that the Planning
Commission and City Council approve the landscape plan.
Signage
The applicant has identifie'd a freestanding and wall signage for the site. A single free standing
monument is proposed at the 42nd A venue entrance. This sign has a base that is 10' x 2' constructed
of cultured stone to match the building. The sign is 3' x 9.5' or 28.5 square feet in area. Both the sign
height and area fall below city standards and are acceptable. The freestanding sign is 13 feet off the
property line. This is compliant with the city's setback requirement of 10 feet.
The applicant has identified wall signs as part of a comprehensive sign plan, The wall signs will
provide individual tenant identification. All building wall signs comply with sign ordinance
standards. The wall faces for the double line banner sign are 540 square feet x 15% = 81 square feet.
The sign areas are 80 square feet and therefore are compliant with the sign regulation. Buildings B
and C have wall signs that are 36 square feet and 40 square feet respectively. These comply with
city standards.
Planning Case Report 05-09
Page 15
7/1/05
Snow Storage
Snow storage is proposed to be located in the proposed landscaping islands and adjacent to the
northern office condominium building. It appears that adequate snow storage has not been
identified on the site. Staff recommends that the applicant identify additional snow storage areas to
ensure the surface parking area is not encumbered with snow during heavy snow events.
Lighting/Photometric Plan
The applicant's lighting and photometric plan illustrate the parking lot lighting. The applicant
proposes the installation of six light poles to illuminate the parking area. All lighting is 90 degree
cutoff light. The pole heights are 27 feet from the parking lot pavement. All light levels are
compliant with city standards. Twenty eight additional building lights have been proposed to
illuminate the entrances to the buildings. The applicant has installed additional lighting to the rear
of the office condominiums to provide limited security lighting to the east side of the property. The
applicant will be required to provide additional lighting for the outdoor dining area.
Building Elevations
The applicant is proposing a variety of exterior finishes including Burnished Block at the building
base, cultured stone extending to the top of windows and E.I.F.5. at the top of building. Brick
columns are used to visually divide the building into tenant bays. The exterior building treatment
extends to all sides of the building except the north side elevation where E.I.F.5. is the predominate
exterior finish. The planning consultant recommended that the cultured stone finish be extended
along the north building wall. The applicant has revised the plans to comply with that
recommendation.
Buildings B and C are the proposed office condominiums. Building B has three tenant bays and
6,144 square foot floor area. The building character varies from single story at the ends to two
stories in the middle. Building C is a two tenant 4,608 square foot building. This building also has
both single story and two-story office bays. The exterior material used on the office buildings are
the same as Building A. The city's planning consultant recommended that additional cultured stone
be included on the entrance to building B. The applicant has provided additional cultured stone to
the bottom of the second story window. The applicant has also provided additional cultured stone
treatments on the side of building B that faces 42nd Avenue.
A color elevation was submitted, however, it was only for building A. the restaurant/retail use. A
revised rendering will be required for all buildings.
The roof top HV AC units will be screened by the elevated roof line. The applicant will purchase
equipment that is painted in a manner to camouflage the equipment from the street elevation.
Fire Considerations
The West Metro Fire Department reviewed the plans and offered comments at the Design and
Review Committee. The applicant submitted plans that addressed many of those comments. West
Metro offered the following comments that must be addressed prior to the plans being approved:
Planning Case Report 05-09
Page 16
7/l/05
The south building B will have to have a fire lane in front where the fire deparbnent connection is
located. The fire deparbnent might consider allowing the relocation of the fire deparbnent
connection so that it does not interfere with parking as much.
A fire lane at building C will be required beginning at the fire hydrant/parking space and proceed
along the north curb line to the dumpster enclosure.
A fire lane in front of the northem building B will have to be located where the proposed fire
deparbnent connection is located. The fire deparbnent might consider allowing the relocation of the
fire deparbnent connection so that it does not interfere with parking as much.
All buildings will be sprinkled for fire suppression. Two on-site hydrants are adequate if each
building is sprinkled. The city's Deparbnent of Public Works will require that the domestic water
service for each building will be separated from the fire service line. The applicant has proposed
plans that are compliant with that requirement.
Floor Plans
Building A located on Lot No. 1 on the eastern half of the property is a 9,616 square foot.
restaurant/retail building. Approximately 4,500 square feet of the building will be a full service
Italian restaurant named Viva Italia. The restaurant also proposes an outdoor dining area of 958
square feet. This area is too large and must be reduced by 13 square feet. The remaining tenant bays
will be rented by retail uses that are in compliance with the permitted uses in the CB zone. The
dininglbar area will be approximately 2,835 square feet. The remaining 1,665 square feet will be
dedicated to kitchen/storage space. The applicant has indicated that they will file an application
seeking a full liquor license for the restaurant.
Lot No.2 has three office condominium buildings that will house eight individual tenant bays.
There are two proposed B buildings which will each have three tenant bays. One of those tenant
bays will be two stories in height. The B buildings will be located in the northeastern and
southeastern quadrant of the site. The single story tenant bays in building B will be 768 square feet.
The two story tenant bay will be 1,536 square feet.
Building C will house two office condominium tenant bays, one will be a single story and the
second will be a two story unit. The single story unit will be 768 square feet and the two story unit
will be 1,536 square feet.
The applicant has indicated that finished office space will be sold for approximately $175-$180 per
square foot.
Utilities and Drainage Plan
Because of the cOntaminated soils on the site, the applicant has submitted plans that willlirnit the
amount of excavating that will be required. The applicant proposes no on-site stormwater
management ponding. As a result, the applicant will be required to pay the city a payment in-lieu
of providing ponding in the amount of $0.43 per square foot or $47,257.
The site will be graded in a manner that much of the stormwater run-off will be collected at the
northern section of the property. Some of the water will be directed to 42nd A venue. The applicant
proposes the installation of stormwater utilities that will collect the water at the northern section of
Planning Case Report 05-09
Page 17
7/1/05
'I
the property and will be directed underground to intersect with the storm drainage in 42nd
Avenue.
In order to accommodate the installation of additional storm sewer along Quebec Avenue, the city
will consider shifting the curb line along Quebec A venue approximately two feet to the east of its
current location. The shifting of the curb line should accommodate the potential construction of a
right turn lane in Quebec Avenue.
The applicant will have to provide the city with a 10' drainage and utility easement around the
perimeter of Lot Nos. 1 and 2. The applicant will also have to provide access to the sanitary sewer
manholes on the eastern edge of the property. A permanent access easement will be granted to the
city.
The applicant proposes private water and sewer connections to each building. The water and sewer
systems have been designed to minimize the amount of grading required in the more contaminated
section of the site. In that regard, the primary water and sewer lines will extend through the
northern section of the parking area. At that point, the water and sewer lines will branch out to
service each building. Per City Code, domestic water lines will have to be separated from the fire
suppression water lines.
The grading, drainage and utility plans shall be subject to the review and approval of the city
engineer. In review of the plans, the city's planning consultant recommended that the following
items need to be addressed before final approval is granted.
Storm sewer should be re-routed around the site rather than through the site. Easements must be
es~ablished over the public storm sewer.
Catch basin must replace the Duraslot grate system at the south curb cut.
Restaurant sanitary sewer service shall connect directly to the manhole north of the building. Add
another manhole for sewer cleanout west of the first office sanitary sewer service.
Provide access easement across the properties to access the manholes at the northeast corner of the
site.
Relocate hydrant north of building A to Quebec A venue right-of-way
All water service must split fire protection with domestic services before entering the buildings.
No wet tap into the water main on Quebec Avenue.
Private utility easements must cover the internal utility system. Copies of the easement documents
must be approved by the city attorney.
E. Planning Considerations
Comments from the city's planning consultant have been incorporated into this report.
F. Building Considerations
Comments from the building official have been incorporated into this report.
Planning Case Report 05-09
Page 18
7/1/05
G. Legal Considerations
Comments from the city attorney have been incorporated into this report and the city attorney will
prepare a Development Agreement for the project.
H. Engineering Considerations
Platting Requirements
1. Access to the trunk sanitary sewer manholes along the eastern edge of the property will be
important. Public Works will need access to these manholes for maintenance purposes. The
access path should be identified and a permanent easement dedicated. This must be
coordinated with the applicant.
Grading and Erosion Control
2. Coordinate driveway apron construction with Public Works. Concrete apron to be
constructed per city detail in that a joint is constructed between the gutter and apron.
3. The site will be graded such that the majority of storm water runoff will be directed to the
north. A minor amount will be directed to 42nd Avenue. Catch basins are not required at
the driveway from 42nd Avenue.
4. We have verified the EOF for the property and it is not to the north. The low point in the
area is in the Northeast corner of this property at the catch basin. The EOF elevation will
need to be set based on the elevation of the building on the property to the north. Limit the
EOF elevation between the condos and the RR tracks according to this building elevation. It
is currently shown as 902.+ It may need to be lowered to 900. The feasibility of this must be
determined.
5. Increase the diameter of the storm sewer in the east Quebec Avenue curb line from 12
inches to 21 inches. Field verify the invert elevation of Ex. Storm MH 137 to assure the invert
of CBMH 7 is low enough to connect.
a. With the construction of this storm sewer, the city should also consider shifting the
Quebec Avenue curb line approximately two feet to the east. This would widen Quebec
A venue and improve the possibility of adding a dedicated south-bound right turn lane.
Utility Plan
6. Adjust existing sanitary sewer manhole in the Northeast corner of the property to proposed
grades. The adjustment appears to be significant (approx. 4 feet) requiring the addition of a
barrel section.
7. Use two clean outs on the long sanitary sewer service to the SE condo. Place one clean out
on the end as shown and one clean out centered between the end and the wye.
8. DIP shall be poly wrapped. Use corrosion resistant materials for fittings. Coordinate
hydrant specifications with Public Works.
Planning Case Report 05-09
Page 19
7(1(05
'I
Landscape Plan
9. Identify existing trees including specie and size.
10. We do not recommend the planting of trees over the trunk sanitary sewer and private sewer
service between the condos and the RR tracks. This should be discussed with planning.
11. Preserve access to the sanitary sewer manholes by a jetter truck. Specifically preserve access
to the trunk line manhole in the NE comer of the property. Access does not appear feasible
with this landscape plan.
Other site comments
12. Provide and document required access easements for the benefit of both lots.
13. Provide. easements over utilities for the benefit of both properties. Utilities within the
property will be private, but easements are required for the shared benefit of both lots.
14. Acquire driveway permit from Hennepin County for access to 42nd Avenue. Preliminary
discussions with Hennepin County indicate that an access from 42nd Avenue may not be
allowed. At this time, we recommend that the driveway be limited to a right-in only with no
egress.
15. We have reviewed the configuration of Quebec Avenue at 42nd Avenue. We would
recommend that a dedicated south-bound right turn lane on Quebec be constructed. The
following items would need to be considered in the construction of the right turn lane.
16. The right turn lane should be a minimum of 11 feet wide. The estimated length of the turn
lane should allow for 150 feet of stacking.
17. The existing ROW is approximately 9 to 10 feet behind the west =b line. If the curb line is
pushed back to the ROW line, Quebec A venue will need to be widened to the east at least
two feet to the east to allow adequate room for the right turn lane. All lane striping would
need to be adjusted.
18. The lane widths for Quebec A venue would be as follows:
a. North bound lane = 16 feet wide
b. South bound left turn lane = 12 feet wide
c. South bound thru lane = 11 feet wide
d. South bound right turn lane = 11 feet wide
e. Total street width = 50 feet; Total ROW width = 60 feet
19. We would need to verify the signal mast location in the Northeast quadrant of the
intersection to ensure that it does.not conflict with the right turn lane.
20. We would need to identify any private utilities in the area of the right turn lane to assure
any conflicts could be accommodated.
21. It is likely that existing boulevard trees would need to be removed to accommodate the right
turn lane.
Planning Case Report 05-09
Page 20
7/1/05
22. An existing bus bench and mailbox would also need to be relocated.
23. At least one driveway apron to the Sunshine Factory would need to be reconstructed.
24. We are preparing a sketch of the Quebec Avenue configuration and an estimated cost. We
would recommend that the proposed development have a responsibility toward the cost of
the modification in the intersection.
I. Police Considerations
Comments from the Police Department have been incorporated into this report.
J. Fire Considerations
Comments from West Metro Fire have been incorporated into this report.
VIII. Summary
Frey Development and Manley Land Development are seeking approval of a preliminary plat, Planned
Unit Development/Conditional Use Permit, comprehensive sign package and site and building plans to
accommodate the redevelopment of the city owned property at 7500-7528 42nd Avenue North. The
project proposes the construction of a 9,616 square foot restaurant/retail use on the western half of the
property and eight office condominium units on the eastern half of the property. The city has been
working for many years to partner with a developer to redevelop t!-lis property. Due to the
contamination and difficulty in developing plans, city staff appreciates the effort given by the proposed
developer of the site in addressing many of the concerns that were discussed by the Design and Review
Committee.
When the city adopted the park dedication fee ordinance, this property was exempted from the
ordinance because the redevelopment proposal had been submitted prior to the adoption of the
ordinance. Therefore, no park dedication fee will be required for this project.
IX. Recommendation
Staff recommends approval of the preliminary plat, CUP/PUD, site and building plan review and
comprehensive sign package subject to the following conditions:
1. Enter into a development agreement with the city and provide performance bond (amount to be
determined by city engineer and building official).
2. Comply with city engineer recommendations dated June 30 and June 16, 2005.
3. Comply with city attorney recommendations on plat dated June 27, 2005.
4. Approval of plans by building official
5. Approval of plans by West Metro Fire-Rescue District and comply with recommendations.
6. Planning Commission to consider the request to waive its review of the final plat.
7. Comply with planning consultant recommendations including:
Preliminary Plat.
A. The plat is subject to the review and approval of Hennepin County.
Planning Case Report 05-09
Page 21
7/1/05
I
B. The plat shall identify required drainage and utility easements.
C. Shared access and parking easements shall be required and are subject to the review and
approval of the city.
Preliminary Plat and Conditional Use Permit.
A. The applicant shall reduce the outdoor patio dining area by thirteen feet (13) in order to be in
compliance with the Zoning Ordinance.
B. The applicant shall provide a detailed patio plan for city approval. This patio design shall
include: table arrangements, circulation patterns, trash receptacles, fence details with
ingress/egress gates and lighting details.
C. The access from Quebec shall align with the curb cuts on the site west of Quebec Avenue.
D. The applicant shall illustrate on the site plan truck movements through the site to the
satisfaction of the city.
E. The applicant shall provide the loading area designated for either lot.
F. The grading, drainage, and utility plan shall be subject to the review and approval of the city.
G. The applicant shall provide additional lighting for the outdoor patio.
H. The color rendering shall be subject to the review and approval of the city.
1. The applicant shall be required to apply for a sign permit for all signs within the site area.
7. Pay fee in-lieu of on-site stormwater ponding in the amount of $47,257.
8. Provide additional outdoor lighting to illuminate the outdoor dining area.
9. Pay no less than $8,000 and no greater than $12,500 to share the cost of adding a right turn lane on
Quebec Avenue.
Attachments: Address/Zoning/Topo/Aerial Maps
6/16/05 Petitioner Correspondence
6/24/05 Petitioner Correspondence (Mohagen Hansen Arch. and Thatcher Eng.)
Revised Plans (Large scale attached separately):
Preliminary Plat
Site PlanfData
Grading Plan & Erosion Control
Utility Plan
Landscaping
Plant Schedule Details
Photometric Plan and Fixture Details
Monument Signs
Parking Data
Elevations
Site Section
Planning Case Report 05-09
Page 22
7/1/05
Floor Plans
6/29/05 Planner's Report
6/16 and 6/30/05 City Engineer Memo
6/27/05 City Attorney Comments
6/14/05 West Metro Fire Comments
Application Log
Planning Case Report 05-09
Page 23
7/l/05
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612-827-4201,612-8274331 fax
Frey Development, Inc.
June 14, 2005
Mr. Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: City or New Hope Development Site - NE Comer of 42nd and Quebec Ave.
Dear Mr. McDonald:
The following is a brief description of our development plans for the above noted site.
Eight office condominium units will be developed on the easterly half of the parcel. The project will
have 2-three unit buildings and 1-two unit building. The buildings will be slab on grade foundations
with cultural stone/burnished and EIFS. exteriors. The units will range in size from 1,500 s.t. to
6,000 s.f. with the total of 15,300 s.f. available. Each unit will have separate entrances.
A 8,400 s. f. retail center is proposed for the balance of the site. The building will have 5 bays of
approximately 1,680 s. f. An Italian restaurant called Viva ltalia will anchor this building. They will
occupy the southern 4,500-5,000 sJ. The plans also call for an exterior seating area for the
restaurant. It would require wine and beer license minimum or a full liquor license if possible.
The balance of the space would be available for other retail users. The exterior of the retail center
will be of similar materials as the office condominiums with a more retail style.
Please call if you have question or need additional information. Thanks
Sincerely,
;~ 0-
Bernie Frey
.
June 24,2005
City of New Hope
Design and Review Committee
4401 Xylon Avenue North
New Hope, MN 55428
Re: New Hope Development
Response Letter, Plan File #102
MohagenlHansen Project No. 04431.0HEA
Site: 7500,7516,7528 42nd Avenue North
Applicant: Frey Development/Commercial Property Development Corp.
and City of New Hope
Dear Design and Review Committee:
Mohagen
Hansen
Architectural
Group
In response to review comments from the City of New Hope, Northwest Associated Consultants and
Bonestroo, Rosene, Anderlik and Associates dated June 16, 2005, the architectural items have been
addressed as follows:
1. Lock box required on all buildings.
Response: Lock boxes have been noted on floor plans on sheets AZ.O, AZ.2, and A2.5.
2. Identify turning radius and circulation on plans.
Response: Turning radii for truck access are shown on landscccpe sheet A1.1.
3. Provide building address signage
Response: Signage is already on the buildings.
4. Extend sidewalks to 42nd Avenue
Response: Sidewalks are shown on landscape sheet Al.l.
5. Provide light detail for outdoor dining area.
Response: See site and landscape details, sheet Al.2.
1415 E. Wayzata Blvd
Suite 200
Wayzata, MN 55391
Telephone 952.473.1985
Fax 952.473.1340
~ www.mohagenhansen.com
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. Frey Development - City of New Hope - 42". Avenue North
Response Letter, Plan File #102
June 24, 2005
Page 2 of 7
6. Provide lighting at entrances and security light at back of buildings
Response: See item #5 above.
7. Revise photometric plan.
Response: See item #5 above.
8. Building A to have one foot candle at all exits.
Response: See item #5 above.
9. Identify snow storage area so it doesn't use parking spaces.
Response: See landscape sheet Al.l.
10. Shortage of 37 parking spaces on site - provide options - snow storage not allow on parking
surfaces that are used to meet parking requirements.
Response: Snow storage has been eliminated from the parking areas. No change in amount of parking
shown. See landscape sheet Al.l.
11. Consider replacing arborvitae golden with pyramidal juniper.
Response: Will be using Juniper Daubs Frosted. See landscape sheetAl.l.
12. Landscape plan and plant schedule should match.
Response: See landscape sheet Al.l.
13. Show fence/gate detail for outside dining area.
Response: No gate needed. See site and landscape details, sheet Al.3.
14. Provide color elevation of buildings.
Response: Color elevation provided.
15. Bulding A - Continue cultured stone around entire building.
Response: See elevations sheet A2.1.
. Mohagen/HansenArchitectural Group
k:)jobslfrey _developmentldoc1cityresponse.doc
. Frey Development - City of New Hope - 42"d Avenue North
Response Letter, Plan File #102
June 24, 2005
Page 3 of7
16. Buildings B and C-utilize cultured stone on visible sides of buildings - does not apply on
back toward railroad tracks.
Response: See elevations sheets A2.4 and A2.7.
17. Signage - double line banner signs should be reduced to 81 square feet instead of 92.
Response: See elevations sheet A2 .1.
Outdoor Dininl:
1. The City Ordinance restricts the size of the outdoor dining area to 30% of the total customer
area of the restaurant (3,150 sq.ft. x 30% = 945 sq.ft.). The proposed 1,271 square foot patio is
larger than permitted. The size of the patio should be reduced to meet City standards.
Response: The size of the patio has been reduced to 958 square feet.
2. Outdoor dining area must have a hard surface.
Response: The outdoor dining area will be on a concrete slab.
3. Applicant must have plans for off-season storage of patio furniture.
Response: During the off season, the patio furniture will be stored off site.
4. Outdoor dining must provide for appropriate required parking.
Response: The total parking provided has not changed.
Parking! Access
3. Access from Quebec A venue must align with curb cuts on the site west of Quebec Avenue.
Response: According to our survey, there are no curb cuts on Quebec Avenue to align with.
. M<JhagenJHansen Architectural Group
k: yobslfrey _development\doclcityresponse.doc
'I
. Frey Development - City of New Hope - 42"d Avenue North
Response Letter, Plan File #102
June 24, 2005
Page 4 of7
4. Parking - The site data suggests that 133 stalls are being provided and 161 stalls are required
by Ordinance. Staff calculation of required parking is 163 stalls and our count of stalls reveals
only 126 parking spaces for a shortage of 37 parking spaces.
Response: The number of parking stalls shown has not changed.
Staff has concerns for lunch hour parking conflicts. This concern is emphasized by the
following conditions:
a. The size of the outdoor dining area exceeds City standards.
Response: The outdoor dining area has been reduced.
b. Fifteen stalls are illustrated for snow storage. Snow storage is not allowed on
parking stalls if the site does not meet required parking.
Response: See City of New Hope Item #9.
Loading and Circulation
1. The site plan does not illustrate a designated load area for either lot.
Response: Truck access to the site will be limited to the Quebec Avenue entry. No large trucks or
semi-trucks are anticipated for deliveries.
2. The 9,116 square foot retaiVrestaurant building site should be designed to accommodate large
truck (semi tractor and trailer) through the site.
Response: The site plan has been revised for better access and circulation for trucks and other traffic.
3. We request that the applicant illustrate on the site plan truck movements through the site. A
fifty-foot turning radius is recommended for Lot 1 and 45 foot radius for smaller trucks
servicing Lot 2.
Response: The site plan has been revised for better access and circulation for trucks and other traffic.
Landscape Plan
1. The landscape plan schedule must identify the quantity, size and species. The schedule
identifies "DW" Dogwoods, but they do not show upon the landscape plan. The plans
identify plantings initialed SGJ and AM, but these are not identified in the plant schedule.
The schedule should be revised to identify these plantings.
Response: No Dogwoods are shown on the plan or schedule. SGJ is "Sea Green Juniper" and has been
added to the plant schedule. AM has been changed to SS ("Snow Spring Crabapple).
. Mohagen/Hansen Architectural Group
k:)jobs'frey _development\doclcityresponse.doc
. Frey Development - City of New Hope - 42"d Avenue North
Response Letter, Plan File #102
June 24, 2005
PageS of7
2. The variety of species of shade trees is positive. We would recommend that these trees to
mixed up by location rather than clustered.
Response: Tree species have been mixed across the site. See landscape sheet AI.I.
3. Arborvitae Golden are susceptible to winter burn. [...] We would recommend replacing the
arborvitae with Pyramidal juniper.
Response: See City of New Hope Item #11.
4. We would recommend additional landscaped islands in the parking lot. [...]
Response: Additional landscaping islands have been added.
Sidewalks
1. We would suggest providing sidewalk connections to the public sidewalk along 42nd Avenue.
Response: See City of New Hope Item #4.
Light Plans
The applicant's lighting and photometric plan illustrate the parking lot lighting. All lighting is 90
degree cutoff light. The pole heights are 27 feet from the parking lot pavement. All light levels are
compliant with City standards.
Staff requests the following light information:
1. Building lighting at entrances and any additional security light at the back of buildings.
Building lighting should be cutoff to wash the building, but not cast glare to adjoining
properties. Rear of Building A must maintain 1 foot candle at each rear entrance. [...]
Response: See City of New Hope Items #5 and #6.
2. The photometric plan should be revised to include any building lighting.
Response: See City of New Hope Item #7.
. Mohagen/Hansen Architectural Group
k:)jobslfrey _developmentldoclcityresponse.doc
:1
. Frey Development - City of New Hope - 42"0 Avenue North
Response Letter, Plan File #102
June 24, 2005
Page 6 of 7
Building Design
1. We request color elevation for Planning Commission and City Council review.
Response: See City of New Hope Item #14.
2. Building A: [...]We would recommend continuing the cultured stone along the north building
wall.
Response: See City of New Hape Item #15.
Buildings B and C: The two-story portions of the buildings are dominated by E.I.F.S. We
would recommend using additional cultured stone on the front and building walls.
Response: See City of New Hope Item #16.
The side elevation greatly reduces the use of the cultured stone. These walls will have a
presence on 42nd Avenue and Quebec Avenue. We would recommend increasing the amount
of cultured stone on the sides of the buildings.
Response: Cultured stone has been added on the sides of the buildings. See elevations sheets A2.1,
A2.4 and A2.7.
Signage
2.a. Building signs comply with aforementioned standards except for the double banner sign
exceed 15% of the proposed tenant bay wall face. The wall faces for the double line banner
sign are 540 square feet x 15% = 81 square feet. The sign areas are 92 square feet. These signs
should be reduced.
Response: See City of New Hope Item #17.
. Mohagen/HansenArchitectural Group
k:)jobs'ifrey _development\doclcityresponse.doc
1II1II
. Frey Development - City of New Hope - 42"d Avenue North
Response Letter, Plan File #102
June 24, 2005
Page 7 of 7
Landscape Plan
25. Reconfigure parking layout to increase spaces and improve turning radii and access to
restaurant dumpsters.
Response: The parking lot has been reconfigured to improve truck access. No additional parking was
gained. See landscape sheet AI.I.
Other Site Comments
27. Document delivery truck routes. Document turning patterns and that required turning radii
can be met. Use 50-foot radius for delivery trucks.
Response: See Item #25 above.
28. Reconfigure parking arrangement north of restaurant to improve delivery turning radii and
parking lot efficiency. Parking stalls along the west lot line north of the restaurant could be
considered.
Response: See Item #25 above.
. MohagenlHansen Architectural Group
k: Vobslfrey _developmentldocldtyresponse.doc
'I
. Thatcher
Thatcher Engineering, Inc.
3055 Old Highway 8, Suite 103
Minneapolis, MN 55418-2500
Phone: (612) 781-2166
Fax: (612) 781-2241
MEMORANDUM
To: City of New Hope
From: Rich Revering, PE, CPESC
CC: Todd Mohagen, Mohagen-Hansen Architects
Bemie Frey, Frey Development, Inc.
Date: 6/24/2005
Re: Response to Engineering Comments
New Hope Quebec Addition
Engineering-related comments from several review memos are summarized in the order they appear in
the memo. Comments from the memos that will be addressed by others are not included. Our
responses to the engineering issues are italicized.
DesiQn and Review Committee comments dated June 16, 2005
. Consider reconfiguring storm sewer
See responses to Bonestroo Comments
. Discuss water line and sanitary sewer
See responses to Bonestroo Comments
. Split domestic water and fire water
Wi/I comply
. Provide flow calculations to City Engineer
Will comply
Northwest Associated Consultants memo dated June 16, 2005
Engineering Issues
See responses to Bonestroo Comments
Bonestroo Rosene Anderlik & Associates Memo dated June 16, 2005
Existing Site and Removals
1. Identify repair to existing catch basin
Will comply
v_I V'lOGJ::""" 1'IcI""lnnm..nt\t".IVlI \R"""nnn.~ to Citv Enoineer Comments.doc
2. Identify areas of existing sidewalk removal
Will comply
3. Identify and remove existing curb cuts
Will comply
4. Identify and trees/shrubs to be removed
Wi/I comply
5. Identify existing monitoring well locations
Will comply
6. Identify existing easements to be vacated
Will ccmply
7. Provide public access easement to sanitary trunk manhole
Will ccmply
Grading and Erosion Control
8. Public storm sewer from intersection
The alignment of the storm sewer intended to selVe the 42"d A ve/Quebec intersection in the future has
been changed. The new alignment follows the easterly curb line of Quebec Avenue as requested. This
will require removal and replacement of curb and gutter and paving along Quebec, resulting in a patch in
the asphalt along the new gutter. We understand the City wi/l pay for this segment of pipe and the
associated restoration costs.
9. Do not use a trench drain in the driveway
Revisions to the site layout and associated grading changes have resulted in no need to collect runoff at
the driveway. A small area of the parking lot will drain through the apron to the street.
10. Reccnfigure storm connection
Will comply
11. Verify EOF from the site to the property to the north
Will comply
Utility Plan
12. Do not construct wet tap
Will ccmply
13. Move gate valves nearer to the exterior of the building
Will comply
14. Split domestic water service from fire service
. Page 2
'I
Will comply
15. Include a gate valve after the restaurant service
Will comply
16. Relocate hydrant from the island north of the restaurant
Will comply
17. Field verify the invert of the existing sanitary sewer manhole
The design has been revised so no connection at this manhole is required. A new manhole will be
constructed on the existing sanitary line instead. Ample depth is available to serve the site. A note has
been added requiring the contractor to field verity the invert elevation at the connection point.
18. Connect restaurant service to manhole
Will comply
19. Add a sanitary manhole
A manhole was not added upstream of the service to the northeriy building. We believe SSMH2 will be
adequate for access for cleaning and maintenance of this pipe segment.
Site Details
20. Verify pavement section
The detail has been revised to show eight inches of aggregate base; however, the final design may be
altered in the Owner's interest depending upon available fill soils, site conditions encountered, tenant
conditions, etc. It would not be less than 6/2/1.5 in any case.
21. Identify where edge mill detail is applicable
Will comply
22. Use 2-foot by 3-foot structures for catch basins
Will comply
23. Use Neenah casting R-1642
Will comply
Landscape Plan
Other Site Comments
. Page 3
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EXTERIOR
ElEVATIONS
BUILDING C
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CITY SUBMITTAL
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial, Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Kirk McDonald
FROM:
Michael Darrow / Alan Brixius
DATE:
June 29, 2005
RE:
New Hope - Frey Development: 42nd/Quebec Avenue
FILE NO:
131.01-05.13
The applicant has submitted an application for Planned Unit Development to allow
construction of eight office condominiums and one restaurant/retail building on the site.
The site also requires a Conditional Use Permit for shared parking, Preliminary Plat
approval, site and building plan review, an administrative permit to allow for outdoor
dining, and a comprehensive sign plan. Below is a review of the requests made by the
applicant based upon plans received on June 24, 2005:
Preliminary Plat
The applicant intends to resubdivide three existing parcels into two commercial lots. In
review of the preliminary plat, we offer the following comments:
1. The two proposed lots meet the City's CB Zoning District standards for lot area
and width. The lots are configured and dimensioned in conformance with City
subdivision standards:
Lot Area
Lot Width
Lot 1
Lot 2
55,894 square feet
54,005 square feet
163.05 feet
156.85 feet
2. Abutting a county road, the plat is subject to review and approval by Hennepin
County. The County will comment on whether additional right-of-way is required
along 42nd Avenue. They will also comment on the design and location of the
curb cut onto 42nd Avenue.
3. Quebec Avenue is platted with a 60 foot right-of-way. The City Engineer should
provide comments as to whether this right-of-way is sufficient and whether any
Quebec Avenue improvements are necessary as part of this project.
4. The plat should identify required drainage and utility easements.
· Ten foot drainage and utility easements must be provided on the
outer lot lines of Lots 1 and 2. An easement on the shared lot line
shall not be required.
· The utility plan illustrates a utility extension through the subdivision
to serve both lots. If these utilities are to remain public, easements
must be placed over the utility corridor. The City Engineer should
comment on the need, size and location of utility easements.
5. Access to Lot 2 is proposed through lot 1. A shared access and parking
easement must be provided for review and approval by the City.
Zoning
The site is zoned "CB" Community Business District. Within this district, the following
uses are allowed:
Permitted Uses:
Retail
Office
Restaurant
Administrative Permit:
Outdoor Dining
Conditional Use Permit:
Planned Unit Development/Condominium Offices
Shared Parking
In review of the proposal, we believe the following development applications can cover
the proposed project:
Preliminary Plat
Conditional Use/Planned Unit Development
Site and Building Plan Review
We believe that the CUP/PUD can include the outdoor dining and shared parking
applications.
2
Lot Area / Setback
Below is a review of the lot area and setbacks.
Reauired Lot 1 Lot 2 ComDliance
Lot Area NA 55,894 sf 54,000 sf Y eslY es
Lot Width NA 163' 157' Y eslY es
Setbacks:
Front 20' 24' 20.5' Y eslY es
Side/Corner 20' 20' 24' Y eslY es
Side/Interior 10' 74' 87' Y eslY es
Rear 30' 170' 24' Yes/No
Lot 2 rear yard setback from the north property line is less than the required 30 foot
setback. This property line abuts an industrial zoning district and a drainage easement.
The reduced rear yard setback may be approved as a PUD flexibility.
Outdoor Dining
The site plan includes a 958 square feet of outdoor patio dining. The applicant must
provide a detailed patio plan for City approval. This patio design must include: table
arrangements, circulation patterns, trash receptacles, fence details with ingress/egress
gates and lighting details.
1. The City Ordinance restricts the size of the outdoor dining area to 30% of the
total customer area of the restaurant (3,150 sq.ft. x 30% = 945 sq.ft.). The
proposed 958 square foot patio is larger than permitted. The size of the patio
should be reduced by 13 square feet to meet City standards.
2. The applicant is proposing concrete slab for the surface of the dining room.
During the off peak season, patio furniture will be stored off site.
Parking/Access
Access to the site will be provided via 42nd Avenue and Quebec. As a condition of
approval, the access from Quebec must align with the curb cuts on the site west of
Quebec Avenue. The County must approve the curb cut access for 42nd Avenue. The
curb cuts are measured at 24 feet which meet the minimum standards of the Ordinance.
It is anticipated that the entrance off of 42nd Avenue will be right in-right out. Recordable
shared parking. and access easements must be provided for City Attorney review and
approval.
The site data suggests that 133 stalls are being provided and 161 stalls are required by
Ordinance. Staff calculation of required parking is 163 stalls and for a shortage of 30
parking spaces.
Section 4.3 (e) (11) allows for joint use of parking which allows for a reduction in
required parking between two sites where it can be demonstrated shared parking
3
can serve both properties without conflict. Up to 50% of the required parking for
a restaurant may be supplied through shared parking with a day time use
(business office), provided:
a. The parking is within 300 feet of both buildings sharing the parking. This
standard is met.
b. The applicant can show that there is no substantial conflict in business
hours between the two buildings and uses.
c. Written recordable and binding agreement or easement for shared parking
must be established.
5. All parking lot dimensions are compliant with City standards.
Loading and Circulation
The applicant is suggesting that truck access will be limited to Quebec Avenue. As a
condition of approval, the applicant must provide the loading area designated for either
lot.
The 9,116 square foot retail/restaurant building site should be designed to
accommodate large truck (semi tractor and trailer) through the site. While it appears that
the site plan provides the turning radius in the north parking area, staff is concerned
with turning movements egressing the site in the northwest corner of the site particularly
if larger trucks are making deliveries.
We request that the applicant illustrate on the site plan truck movements through the
site. A 50 foot turning radius is recommended for Lot 1 and 45 foot radius for smaller
trucks servicing Lot 2.
Grading, Drainage, and Utilities
The grading, drainage and utility plans shall be subject to the review and approval of the
City Engineer. In review of the plans, the following items should be addressed.
1. Storm sewer should be re-routed around the site rather than through the site.
Easements must be established over the public storm sewer. .
2. Catch basin must replace the Duraslot grate system at the south curb cut.
3. Restaurant sanitary sewer service shall connect directly to the manhole north of
the building. Add another manhole for sewer cleanout west of the first office
sanitary sewer service.
4. Provide access easement across the properties to access the manholes at the
northeast corner of the site.
4
5. Relocate hydrant north of Building A to Quebec Avenue right-of-way
6. All water service must split fire protection with domestic services before entering
the buildings.
7. No wet tap into the water main on Quebec Avenue.
8. Private utility easements must cover the internal utility system. Copies of the
easement documents must be approved.
Landscape Plan
Applicant has provided a landscape plan for the site and land detail for building
foundation on Lot 2 and for the freestanding sign. The variety of species of shade trees
is positive. The overall landscaping plan is acceptable and will provide for a variety of
plantings throughout the site. The applicant's plan notes indicate that sodded areas will .
be irrigated.
Sidewalks
The applicant has identified sidewalk connections to the public sidewalk along 42nd
Avenue as recommended by City staff.
Light Plans
The applicant's lighting and photometric plan illustrate the parking lot lighting. All
lighting is 90 degree cutoff light. The pole heights are 27 feet from the parking lot
pavement. All light levels are compliant with City standards. Additional building lighting
is located at each building entrance.
As a condition of approval, the applicant should provide additional lighting for the
outdoor patio. Additionally, building lighting at entrances and any additional security
light at the back of buildings should be provided. Security lighting is strongly
recommended at the backs and sides of the office buildings.
Building Design
The applicant is proposing a variety of exterior finishes including Burnished Block at the
building base, cultured stone extending to the top of windows and E.I.F.S. at the top of
building. Brick columns are used to visually divide the building into tenant bays. The
exterior building treatment extends to all sides of the building except the north side
elevation where E.I.F.S. is the predominate exterior finish.
Buildings Band C are the proposed office condominiums. Building B has three tenant
bays and 6,144 square foot floor area. The building character varies from single story
at the ends to two stories in the middle. Building C is a two tenant 4,608 square foot
building. This building also has both single story and two-story office bays. The exterior
5
material used on the office buildings are the same as Building A, but used in different
quantities and location.
The applicant will be required to submit colored renderings for the buildings. Said
renderings are subject to the review and approval of the City.
Signage
The applicant has identified a freestanding and wall signage for the site. A single
freestanding monument is proposed at the 42nd Avenue entrance. This sign has a base
that is 10' x 2' constructed of cultured stone to match the building. The sign is 3' x 9.5'
or 28.5 square feet in area. Both the sign height and area fall below the City standards
and are acceptable. The freestanding sign is 13 feet off the property line. This is
compliant with City's setback requirement of 10 feet.
The applicant has identified wall signs as part of a comprehensive sign plan. The wall .
signs will provide individual tenant identification. All building wall signs comply with sign
ordinance standards. The wall faces for the double line banner sign are 540 square feet
x 15% = 81 square feet. The sign areas are 80 square feet and therefore are compliant
with the sign regulation. Buildings Band C have wall signs that are 36 square feet and
40 square feet respectively. These comply with City standards.
Conclusion and Recommendation
Our office has reviewed the submitted plans and find that the request for the
development of eight office condominiums and one restaurant/retail building is generally
acceptable. If the Planning Commission recommends and the City Council approves
the applicant's request, our office would recommend that approval is based upon the
following recommendations:
Preliminary Plat.
1. The plat is subject to the review and approval of Hennepin County.
2. The plat shall identify required drainage and utility easements.
3. Shared access and parking easements shall be required and are subject to the
review and approval of the City.
Preliminary Plat and Conditional Use Permit.
1. The applicant shall reduce the outdoor patio dining area by thirteen feet (13) in order
to be in compliance with the Zoning Ordinance.
2. The applicant shall provide a detailed patio plan for City approval. This patio design
shall include: table arrangements, circulation patterns, trash receptacles, fence
details with ingress/egress gates and lighting details.
6
3. The access from Quebec shall align with the curb cuts on the site west of Quebec
Avenue.
4. The applicant shall illustrate on the site plan truck movements through the site to the
satisfaction of the City.
5. The applicant shall provide the loading area designated for either lot.
6. The grading, drainage, and utility plan shall be subject to the review and approval of
the City.
7. The applicant shall provide additional lighting for the outdoor patio.
8. The color rendering shall be subject to the review and approval of the City.
9. The applicant shall be required to apply for a sign permit for all signs within the site
area.
10. The applicant will be required to enter into a development agreement with the City.
11.Additional comments from City Staff, Planning Commissioners, or City Council
members.
7
S fl. Bonestroo
R Rosene
"till Anderlik &
1\J1 Associates
Engineers & Architects
2335 West Highway 36' St. Paul, MN 55113
Office: 651-636-4600' Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 16,2005
SUBJECT: Quebec Addition comments
Our File No. 34-Gen SWI7.05.02
We have received the proposed plans for the redevelopment of the property at 42nd Avenue and
Quebec Avenue. The following comments should be considered in the review of the application:
Existing Site and Removals
1. Identify repair to existing catch basin where storm lead will be removed.
2. Identify areas of existing sidewalk removal along 42nd Avenue and areas of repair.
3. Identify and remove existing curb cuts along 42nd Avenue and Quebec Avenue.
Replace with matching B6 curb.
4. Identify any trees/shrubs to be removed. Identify trees to be protected or salvaged.
5. Identify existing monitoring well locations and any required modifications.
6. Identify existing easements to be vacated. Work with City to vacate easements as
part of platting process.
7. Provide public access easement to the sanitary sewer truok manhole in the NE comer
of the site.
Grading and Erosion Control
8. Do not extend storm sewer to the intersection of 42nd A venue and Quebec through the
site. This would require the storm sewer through the site to be a public storm sewer.
Extend storm sewer to the intersection under the east curb line of Quebec Avenue.
Field verify elevation of ex. Storm MH 136.
9. Do not use a trench drain in the driveway entrance at 42nd Avenue. Use catch basins
on each side of the driveway and connect to the storm sewer extended under the curb
line of Quebec Avenue.
10. Reconfigure storm sewer connection to the existing storm sewer line such that the
flow line change in direction does not exceed 90 degrees.
. Sl. Paul, Sl. Cloud, Rochester, Willmar, MN . Milwaukee, Wi . Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
11. Verify EOF from the site to the property to the north.
Utility Plan
12. Water connection in Quebec Avenue is acceptable. Do not construct wet tap.
Coordinate shut down with Public Works and cut in connection with a sleeve and tee.
13. Move the Gate valves near the exterior of the outside of each building (approx. 5 to
10 feet).
14. Split the domestic water service from the frre service on the exterior of the building.
This will allow Public Works to shut of domestic water to a building without shutting
of fue service of vice versa without entering the building. The domestic corporation
stop should be upstream of the gate valve.
15. Include a gate valve after the restaurant service such that water to all condos could be
shut off without impacting the restaurants.
16. Remove the hydrant from the island north of the restaurant. Move it to the Quebec
Avenue boulevard.
17. Field verify the invert of the existing sanitary sewer manhole at connection point. Do
not rely on record plan elevations. Inside drop may be required depending on depth.
18. Connect Sanitary sewer service from restaurant directly into SSMH 3. This will
enable more efficient cleanup in the event of grease buildup.
19. Add a sanitary sewer manhole in the island upstream of the north condo unit for
cleaning purposes.
Site Details
20. Verify Pavement section requirements. Use a minimum of 8 inches of class 5 in
parking areas and 12 inches of class 5 in areas of truck traffrc for deliveries.
21. Identify where the edge mill detail is applicable.
22. For catch basin leads use 2' x 3' structures with 3067V casting.
23. Use Neenah casting R-1642 for sanitary sewer.
Landscape Plan
24. Identify existing trees including specie and size.
25. Reconfrgure parking layout to increase spaces and improve turning radii and access to
restaurant dumpsters.
26. Identify location of sanitary sewer, storm sewer, and water main in relation to
proposed trees. Preserve access to the sanitary sewer manholes by a j etter truck.
Specifically preserve access to the trunk line manhole in the NE corner of the
property.
Other site comments
27. Document delivery truck routes. Document turning patterns and that required turning
radii can be met. Use 50-foot radius for deliver trucks.
28. Reconfigure parking arrangement north of restaurant to improve delivery turning radii
and parking lot efficiency. Parking stalls along the west lot line north of the
restaurant could be considered.
. 29. Provide and document required access easements for the benefit of both lots.
30. Provide easements over utilities for the benefit of both properties. Utilities within the
property will be private, but easements are required for the shared benefit of both lots.
31. Review the possible need for a right turn lane into the property with Hennepin
County.
32. Acquire driveway permit from Hennepin County for access to 42nd Avenue.
33. City staff to review the configuration of Quebec Avenue at 42nd Avenue. Any
geometric modifications will be identified. Additional ROW requirements will be
identified and will need to be reflected in the plat.
End of Comments
If you have any questions or concerns please contact me at 651-604-4919.
n Bonestroo
II::. Rosene
"'I\lI Anderlil< &
1 \J 1 Associates
Engineers & Architects
2335 West Highway 36.51. Paui, MN 55113
Office: 651-636-4600. Fax: 651-636-1311
www.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 30, ZOOS
SUBJECT: Quebec Addition comments
Our File No. 34-Gen SWI7.05.0Z
We have received the revised plans for the redevelopment of the property at 4Znd Avenue and
Quebec Avenue. Many of the previous review comments in the June 16th memo have been
addressed. Those comments are still applicable and should be a condition of approval for this
project. The following additional comments should be considered in the further review ofthe
application:
Platting Requirements
1. Access to the trunk sanitary sewer manholes along the eastern edge of the property
will be important. Public Works will need access to these manholes for maintenance
purposes. The access path should be identified and a permanent easement dedicated.
This must be coordinated with the applicant.
Grading and Erosion Control
Z. Coordinate Driveway apron construction with Public Works. Concrete apron to be
constructed per City detail in that a joint is constructed between the gutter and apron.
3. The site will be graded such that the majority of storm water runoff will be directed to
the north. A minor amount will be. directed to 4Znd Avenue. Catch basins are not
required at the driveway from 4Znd Avenue.
4. We have verified the EOF for the property and it is not to the north. The low point in
the area is in the NE corner of this property at the catch basin. The EOF elevation
will need to be set based on the elevation of the building on the property to the north.
Limit the EOF elevation between the condos and the RR tracks according to this
building elevation. It is currently shown as 90Z.+ It may need to be lowered to 900.
the feasibility of this must be determined.
5. Increase the diameter of the storm sewer in the east Quebec Avenue curb line from lZ
inches to Zl inches. Field verify the invert elevation of Ex. Storm MH 137 to assure
the invert of CBMH 7 is low enough to connect.
With the construction of this storm sewer, the City should also consider shifting the
Quebec Avenue curb line approximately Z feet to the east. This would widen Quebec
. 51. Paul, 51. Cloud, Rochester, WHlmar, MN . Milwaukee, WI . Chicago, IL
Affirmative ActionlEqual Opportunity Employer and Employee Owned
Avenue and improve the possibility of adding a dedicated south-bound right tum
lane.
Utility Plan
6. Adjust existing sanitary sewer manhole in the NE comer of the property to proposed
grades. The adjustment appears to be significant (approx. 4 feet) requiring the
addition of a barrel section.
7. Use two clean outs on the long sanitary sewer service to the SE condo. Place one
clean out on the end as shown and one clean out centered between the end and the
wye.
8. DIP shall be poly wrapped. Use corrosion resistant materials for fittings. Coordinate
hydrant specifications with Public Works.
Landscape Plan
9. Identify existing trees including specie and size.
10. We do not recommend the planting oftrees over the trunk sanitary sewer and private
sewer service between the condos and the RR tracks. This should be discussed with
planning.
11. Preserve access to the sanitary sewer manholes by a j etter truck. Specifically
preserve access to the trunk line manhole in the NE comer of the property. Access
does not appear feasible with this landscape plan.
Other site comments
12. Provide and document required access easements for the benefit of both lots.
13. Provide easements over utilities for the benefit of both properties. Utilities within the
property will be private, but easements are required for the shared benefit of both lots.
14. Acquire driveway permit from Hennepin County for access to 42nd Avenue.
Preliminary discussions with Hennepin County indicate that an access from 42nd
Avenue may not be allowed. At this time we recommend that the driveway be
limited to a right-in only with no egress.
15. We have reviewed the configuration of Quebec Avenue at 42nd Avenue. We would
recommend that a dedicated south-bound right turn lane on Quebec be constructed.
The following items would need to be considered in the construction of the right turn
lane.
a. The right tum lane should be a minimum of 11 feet wide. The estimated length of
the turn lane should allow for 150 feet of stacking.
b. The existing ROW is approximately 9 to 10 feet behind the west curb line. If the
curb line is pushed back to the ROW line, Quebec Avenue will need to be
widened to the east at least 2 feet to the east to allow adequate room for the right
turn lane. All lane striping would need to be adjusted.
c. The lane widths for Quebec Avenue would be as follows:
i. North bound lane = 16 feet wide
ii. South bound left turn lane = 12 feet wide
iii. South bound thru lane = 11 feet wide
iv. South bound right turn lane = 11 feet wide
v. Total street width = 50 feet; Total ROW width = 60 feet
d. We would need to verify the signal mast location in the NE quadrant of the
intersection to ensure, that it does not conflict with the right turn lane.
e. We would need to identify any private utilities in the area of the right turn lane to
assure any conflicts could be accommodated.
f. It is likely that existing boulevard trees would need to be removed to
accommodate the right turn lane.
g. An existing bus bench and mailbox would also need to be relocated.
h. At least one driveway apron to the Sunshine Factory would need to be
reconstructed.
16. We are preparing a sketch of the Quebec Avenue configuration and an estimated cost.
We would recommend that the proposed development have a responsibility toward
the cost of the modification in.the intersection.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
GORDON L. JENSENl
CLARISSA M. KLUG
AMY E. P APENHAUSEN
GLEN A. NORTON
STEVEN A. SONDRALL
ARIc T. STIENESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
lReal Property Law
Specialist Certified By
The Minnesota State
Bar Association
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondraIl.com
June 27, 2005
Writer's Direct Dial No.: (763) 201-0222
e-mail cmk@jensen-sondrall.com
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
VIA E-MAIL & US MAIL
Re: Preliminary Plat for New Hope Quebec Addition (Viva Italia & Office Condo Project)
Our File No.: 99.15068
Dear Director McDonald:
We have reviewed the proposed New Hope Quebec Addition preliminary plat (the "Plat") for
compliance with New Hope City Code Section 13-4(a) and following (the "Code"). A summary of
Code requirements appears below along with our comments. Non-compliance concerns, along
with items for suggested additional review, appear in bold.
GENERAL PROVISIONS - City Code Section 13-4(a)(1)
1. Subsection (a): Name. Not to duplicate/closely resemble existing County subdivisions.
Status: Compliance. The Hennepin County database shows no troublingly similar names.
2. Subsection (b): Boundary lines. In relation to section, quarter or quarter-quarter lines.
Status: Compliance. Auditor's Sub. No. 324 data provides sufficient information.
3. Subsection (c): Names, addresses. Required for the owner, developer & surveyor.
Status: Non-compliance. Developer data is missing and the name of the Community
Development Specialist is to be updated to Shawn Siders.
4. Subsection (d): Scale. To include a bar scale, not less than one inch to 100 feet.
Status: Non-compliance. A bar scale is missing.
5. Subsection (e): Date & north point. Date is to indicate the Plat preparation date.
Status: Compliance.
B. EXISTING CONDITIONS - City Code Section 13-4(a)(2)
1.
Subsection (a): Boundary lines. All to be clearly shown.
Status: Compliance.
June 28, 2005
Page 2
2. Subsection (b): Zoning classifications. To include existing data for abutting areas' and the subdivision2.
Status: Non-compliance. Zoning classification data is either missing or not clearly marked.
3. Subsection (c): Acreage and dimensions. General statement, with approximate total and lot acreage.
Status: Compliance.
4. Subsection (d): Previously platted details. To 350 feet beyond the tract, including all right-of-way areas (existing
or previously platted) with types, names, widths and conditions. Also to include railroad and utility areas, parks,
open spaces, permanent structures, easements and section and corporate lines.
Status: Non-compliance. We recommend an added width range for 42Dd Ave., along with railroad right-of-
way (if any) to the east. Surrounding 350 feet not depicted, but see "Additional Comments" below.
5. Subsection (e): Sewer, water main and other details. To include culverts or similar underground facilities (within
the subdivision and to 350 feet beyond), with data on location, size, grade, invert elevation. Catch basins,
manholes and hydrants are to be included.
Status: Non-compliance. Size information appears to be missing, though it may have been given to City
staff separately. Surrounding 350 feet not depicted, bnt see "Additional Comments" below.
6. Subsection (f): Adjoining land. To be shown within 350 feet of subdivision, with area name and ownership.
Status: Non-compliance. Some adjoining owner data missing. Surrounding 350 feet not depleted, but see
"Additional Comments" below.
7. Subsection (g): Topography. To include water drain/courses, marshes, woods, rock outcrops, power transmission
polesllines, and other significant features (to 350 feet and consistent with City's topographic map).
Status: Unknown. Our office defers to the review of City staff and/or other City consultants on this
matter. Surrounding 350 feet not depicted, but see "Additional Comments" below.
PROPOSED DESIGN FEATURES - City Code Section 13-4(a)(3)
1. Subsection (a): Street design. To show proposed street layout, with widths, centerline gradients, typical cross
sections, and proposed names.'
2. Status: Compliance. It is our understanding that the Plat includes no new dedicated streets.
3. Subsection (b): Alleys, pedestrian ways, easements. Layout to show proposed alleys, etc., including widths.
I The Code does not defme "abut," "adjoin," "adjacenf' or similar terms. It is our office's opinion that the meaning of such terms can
vary depending on context but that they generally describe areas (i) that sbare a boundary line (including a right-of-way), (ii) that only
touch the property in question, or (iii) that are near but slightly separated (such as by a street or alley).
2 A "subdivision" is either (i) land to be divided or that or has been divided (into two or more areas) for transfer of ownership or
building development, or (ii) land divided in any way to create a new street. The term includes resubdivision and can also be used to
describe the process of subdividing. See Section l3-2(b) of Code.
3 Any street name already used in the City or its environs can only be used if relating to a proposed logical extension of the already-
named street, in which event the same street name must be used.
June 28, 2005
Page 3
Status: Compliance Status Unknown. The Plat does not appear to include the drainage and utility
easement areas typical to those of other platted land in the City. Our office suggests further review of this
point by the office of the City Engineer.
4. Subsection (c): Stormwater runoff. To include typical cross-sections of proposed improvements, with an
indication of proposed stormwater runoff. Contributing drainage from other areas is also to be shown.
Status: Unknown. Our office defers to in-house City staff and/or other City consultants on this matter.
5. Subsection (d): Street and alley centerline gradients. To include approximate center line gradients of proposed
streets and alleys, and of adjoining streets (if any).
Status: Compliance. A median appears to be included in the 4200 Avenue North portion of the Plat, and it is the
understanding of our office that the Plat does not include any proposed alleys.
6. Subsection (e): Sewer lines and water mains. Locations and size of proposed sewer lines and water mains.
Status: Unknown. Our office defers to in-house City staff and/or other City consultants on this matter.
7. Subsection (f): Lots and blocks. To include numbers and preliminary dimensions oflots and blocks.
Status: Compliance
8. Subsection (g): Building setback lines. Minimum front and side street building setback lines.
Status: Non-compliance. This information appears to be either missing or not clearly labeled.
9. Subsection (Ii): Setback on curved lot. To include width of the lot at the building setback line.
Status: Not applicable
10. Subsection (i): Other dedicated areas. Areas, other than streets, alleys, pedestrian ways and utility easements,
intended to be dedicated or reserved for public use, including the size. of such area or areas in acres.
Status: Compliance. It is the understanding of our office that the Plat does not include any dedicated areas that
fall outside the scope of streets, alleys, pedestrian ways or utility easements.
11. Subsection (i): Water supply. Water mains shall be provided to serve the subdivision by extension of an existing
community system, with connections stubbed into the property line when feasible. All necessary fire hydrants
shall also be provided. Any extensions of the public water supply system must be desigoed to provide public
waterin accordance with the standards of the City.
Status: Unknown. Our office defers to in-house City staff and/or other City consultants on this matter.
12. Subsection (k): Sewage disposal. Mains and service connections to be installed for all lots, connected to the
public system.
Status: Unknown. Our office defers to in-house City staff and/or other City consultants on this matter.
13. Subsection (]): Surface water. To include provisions for surface water disposal, drainage, and flood control.
Status: Unknown. Our office defers to in-house City staff and/or other City consultants on this matter.
C. ADDITIONAL COMMENTS
June 28, 2005
Page 4
1. Supplementary information required of apolicant. Code Section 13-4(a)(4) allows the City Manager to require
applicants to supply additional data on use, soil surveys, potential adjacent subdivisions, potential re-subdivision, or
similar matters. At this time our office is not aware of any such requests from the City Manager.
2. Re-zoning. It is our understanding that no re-zoning is anticipated. We ask that the owner and developer
nonetheless be reminded that Code Section 13-4(a)(4)(c) provides that any re-zoning data on City-approved preliminary
plat records appears for informational purposes only and does not provide a basis for claiming vested rights.
3. Scope of area drawn. A number of Code sections require details of the surrounding area to be shown to a
minimum of 350 feet. It is the opinion of our office, however, that the Planning Commission and the City Council can
waive this requirement if other documents on file with the City show data sufficient to assist with planning.
4. Site olan. As the Plat borders a county road, Section 13-4(a)(5) of the Code requires a preliminary site plan.
5. Dedication. No dedication language appears on the Plat. While such language is not specifically required under
the Code at the preliminary plat stage, it is our office's opinion that use of the term "plat" implies inclusion of appropriate
dedication language and we ask that proposed language be submitted to us in advance of the final plat.
6. Evidence of Ownership. As a matter of City policy, plat applicants are required to submit a title insurance
commitment or other appropriate title history evidence so that the City can verify that the proper individuals have been
identified with respect to signing the Plat. Such information has not yet been supplied to our office by the applicant
aud should be sent directly to us as soon as reasouably possible.
7. Title Insurance. We recommend the owner and developer be reminded, if applicable, that the City customarily
requires a title insurance policy in connection with any easement or right-of-way areas to be dedicated on a plat.
8. Legal descriotion: It would be helpful if the Plat notes were amended to include recording data on the document
that operated to vacate the alleyway to the north.
9. Date. The Plat complies with the Code requirement that a plat drawing date be provided, but the date shown is
over a year old and an updated surveyor report or re-confirmation of conditions may accordingly be advisable.
We would be happy to address any questions you may have regarding our comments or to speak with a representative of
the owner, developer or surveyor regarding potential revisions to the Plat.
Sincerely,
Clarissa M. Klug, Assistant City Attorney
cc: Shawn Siders, Community Development Specialist
Pam Sylvester, New Hope Administrative Support Specialist (via email to psylvester@ci.new-hope.mn.us)
Vincent T. Vander Top, New Hope Engineer (via email tovvandertop@bonestroo.com)
Alan Brixius, New Hope Planning Consultant (via email toplanners@nacplanning.com)
Steven A. Sondrall, New Hope City Attorney (via email tosas@jensen-sondrall.com)
P:\Attomey\Cmk:\Clients\CNH\99-15068\Viva ltalia & Office Condos _ New Hope Quebec Addition Preliminary Plat Review Report {full text),doc
Frey Development Quebec Addition Preliminary Plan Review for Plans dated 6/8/2005.
June 14,2005
Fire Department comments and Requirements:
1. The Office condo and retail buildings would be considered B and an M
occupancy. Per New Hope City Ordinance and the Building Code Section 1306
the office condos and retail buildings would be required to be sprinklered. Any B
or M occupancy with 2,000 or more gross square feet is required to be
sprinklered.
2. The Restaurant would be considered A-2 occupancy. Per New Hope City
Ordinance and the Building Code Section 1306 the building would be required to
be sprinklered. Any A occupancy's are required to be sprinklered.
3. With the 4 buildings that are in this development and the rough square footage
this development would require 5 hydrants (MSFC Appendix B and C). Also if
the buildings are not sprinklered you would probably be required more fIre access
around a few of the buildings (503.1). But if the buildings are sprinklered then
you will only be required the two fIre hydrants as indicated on sheet C3 ofthe
plans. The locations of the hydrants on the plan are acceptable at this time.
-..('..,,"\-'i-~A""""?
o.""-"v..w' -J
4. Lock boxes will be required to be mounted to all 4 buildings in this development.
The lock boxes shall be located above the fIre department connection roughly 5
feet. The fIre inspector(s) can provide the information for the fIre department
lock boxes (MSFC Section 505)
" ~"U...... ,If""""",, 5. Fire lanes shall be located where indicated on sheet C3 ofthe plans from the fIre
\\1~":'~ ~.~ ~~department. Ifthere are problems we can try and work out the details. Fire lane
"'I fV<< signage shall be located every 75 feet (MSFC Section 503.3).
"*" I ~
~ ~~ (NA-I- be~: Question on the address signage. Will the addresses on the building be visible
~ ,",""re.~ c.l",<!V"' from the address side of all buildings? If not visible may have to add address
.R-o<"<'. ~'"","""\c:u,I.!,.."" signage near the road (MSFC Section 505).
~~ I.b J
Questioning turning radius in the north east parking lot area and the entrance
turning radius on the south parking lot. With a couple of the islands where they
are located it is questionable if a fIre truck will be able to turn properly with out
hitting a curb, especially north-east buildings lot area. It appears that it may be
considerably tight. Provide information or proof that they will be able to turn into
the north east parking lot or adjust the lot to accommodate a fIre truck (MSFC
Section503.2.4). See fIre department plan for further details.
.....".""~c.l
'i- t;~.-\ \X> ~ \.""-.,
IJln\11"-t
If you have any question please feel free to contact Shelby Wolf at 7635372323
extension 2004 or Aaron Surratt at extension 2003. We will be splitting this development
up amongst the two of us. Aaron will have the two office buildings and I will have the
restaurant and the retail building.
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
Phone information extension extension
was missing or waiver
05-09 Frey DevelopmenVCommercial 6/10/05
Property Development Corp. 8/9/05 10/8/05
4801 1/2 Nicollet Ave S
Minneapolis 55409
612-827-4201
& city of New Hope
17-118-21-22-0006,0007,0008
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the City received the application.
D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To caiculate the GO-day limit, include all calendar days.
F. To calculate the 120-day limit, include all calendar days.
G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date. in Box G
must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
PLANNING CASE REPORT
City of New Hope
Meeting Date: July 12, 2005
Report Date: July 1, 2005
Planning Case:
Petitioner:
04-28
City of New Hope
City wide
Approval of Comprehensive Plan Updates
Address:
Request:
I. Request
City staff is requesting that the Planning Commission and City Council approve the attached
updates to the New Hope Comprehensive Plan, which amends the plan so that it conforms to
recent development projects and studies that have taken place throughout the city.
Please bring your Comprehensive Plan Update
binder to the July 12 meeting!
II. Background
The Comprehensive Plan is the document that addresses community issues and lays the foundation
for community planning and land use development. The current plan was finalized in 1998 and
outlines the projected land use through the year 2020. Periodically, updates to the plan are
completed and submitted to the Metropolitan Council for approval and inclusion in New Hope's
Comprehensive Plan. The Metropolitan Council is requiring that all cities update their
Comprehensive Plan by 2008, so staff anticipates coordinating a comprehensive plan update
committee process starting in 2006.
m November 2004, the Planning Commission recommended that the City Council approve
amendments to the Comprehensive Plan to ensure that the plan complies with the redevelopment
projects that have been initiated by the city. Specifically, the amendments reflect the city's
redevelopment efforts at Winnetka Green, Winnetka Townhomes, St. Joseph's Church
OutlotjHillside Terrace and the Project for Pride in Living, me. redevelopments. The adjustments
that were being proposed were procedural in nature as the redevelopment plans had already been
approved and construction had commenced at many of those locations. At that time, the Planning
Commission agreed to delay reclassifying the City Center redevelopment area to a "Mixed Use"
Proposed Land Use until a future date when redevelopment takes place.
At the December 13, 2004, Council meeting, city staff presented the Planning Commission
recommendation regarding the amendments to the Comprehensive Plan to the City Council. The
City Council expressed concerns regarding the density definitions in the Comprehensive Plan.
Specifically, the density in the Winnetka Green project area was listed as fourteen units per acre in
the plan amendments. At that density, the project area should have been classified as high density
Planning Case Report 04-28
Page 1
7-1-05
residential in accordance with the definitions set forth in the Comprehensive Plan. After reviewing
the project me, the actual density of the project is 10.6 units per acre which would classify the
project as medium density residential.
The City Council also expressed concerns regarding the Redevelopment and Maintenance Target
Areas map land use classifications because it classified the potential redevelopment of 4301-17
Nevada Avenue as medium to high density residential. After discussing this matter with the city's
planning consultant, that classification is different from the Proposed Land Use classification as it
provides the city with greater flexibility regarding the density of potential redevelopment sites. If a
property is classified as medium to high density residential on the Redevelopment and
Maintenance Target Area map, the city has greater flexibility to adjust the density of a
redevelopment project on a case by case basis. The city's planning consultant indicated that this
classification does not conflict with the Proposed Land Use classification and city staff recommends
not altering that classification.
At the conclusion of that December 13, 2004, discussion, the City Council tabled this matter until
the density questions could be resolved. City staff was directed to meet with representatives of the
Metropolitan Council to determine if the city's definitions are similar to the suggestions of the
Metropolitan Council, and staff met with Met Council representatives in the spring of 2005.
On May 16, 2005, city staff presented this information to the City Council at a work session for its
consideration. At that time, the City Council directed staff to adjust the density definitions in the
Comprehensive Plan. The current density definitions are as follows:
Low Density Residential- 1 to 4 units per acre
Medium Density Residential- 5 to 10 units per acre
High Density Residential- 11+ units per acre
The City Council directed staff to adjust the density definitions to the following:
Low Density Residential- zero up to 4 units per acre
Medium Density Residential- 4 units up to 10 units per acre
High Density Residential-l0+ units per acre
The City Council also directed staff to remove the Winnetka Townhomes, Winnetka Green, 4301-17
Nevada Avenue North, the Bass Lake Road Townhomes completed by PPL, the Hillside Terrace
Subdivision and 5501 Boone A venue Apartments and Condominiums from the Redevelopment and
Maintenance Target Areas map since those projects have been approved and are no longer being
considered for redevelopment.
Finally, the City Council directed staff to reclassify the northwest quadrant of the City Center area
to mixed use on the Commercial Redevelopment and Maintenance Target Areas map.
III. Petitioner's Comments
This is a request by city staff, upon the recommendation of the city's planning consultant from
NAC.
Planning Case Report 04-28
Page 2
7-1-05
IV. Notification
Notice is not required for approval of updates to the Comprehensive Plan by the Planning
Commission or City Council. However, if adjacent communities and other jurisdictions, such as the
school district and watersheds, are impacted by the amendments, they are notified as part of the
application to the Metropolitan Council.
V. Analysis
Per the direction of the City Council, the city's planning consultant has prepared the enclosed
amendments to the Comprehensive Plan.
Comprehensive Plan amendments were approved for Winnetka Green, Winnetka Townhomes and
the Project for Pride in Living project at 5501 Boone as part of their planning approvals granted in
2004. While these are the major changes, a few others are also being included at this time in order to
make the plan as up to date as possible. All of the changes are outlined in this report. The action
being requested now is to approve the actual Comprehensive Plan amendment to be submitted to
the Metropolitan Council.
Copies of the maps and text changes being proposed with this Comprehensive Plan amendment are
attached. The changes within the text are highlighted and the map changes are summarized on the
following tables.
The changes to the density definitions have been amended on pages 33 and 38. The proposed
definitions are in accordance with the direction given by the City Council on May 16, 2005.
The major changes to the Proposed Land Use map (page 31 of the Development Framework) are:
Location of Change Current Proposed Land Use(s) Updated Proposed Land Use
EastWinnetka/VVinnetka Commercial, Low-Med High Density Residential
Green Density, Single Family
Former Frank's Nursery/ Commercial High Density Residential
Winnetka Townhomes
St. Joseph's Church Public & Semipublic Low Density Residential
Outlot/Hillside Terrace
5501 Boone A venue/PPL Public & Semipublic High Density Residential
Condos and Apartments
City Center Commercial, Industrial, High Commercial Mixed Use
Density, Public & Semipublic
The commercial mixed use designation is a new land use category that was previously not a part of
the Comprehensive Plan. These changes are also incorporated into the Land Use acreage chart on
page 27. Also, the new commercial boundaries resulting from CVS's land exchange with the school
district are reflected in this map.
Planning Case Report 04-28
Page 3
7-1-05
Changes to the Residential Redevelopment and Maintenance Target Areas map (page 35) include:
Location of Change Redevelopment Category
East Winnetka/Winnetka Green Deleted
Former Frank's Nursery/Winnetka Townhomes Deleted
St. Joseph's Church OutlotjHi1lside Terrace Deleted
5501 Boone Avenue/pPL Condos and Apartments Deleted
4301-4415 Nevada Avenue North Deleted
City Center Commercial Mixed Use
The related text changes are found on pages 37-44 and are highlighted on the attached pages. The
city's planning consultant has provided a summary of the Commercial Mixed Use classification that
indicates the city's first priority is the promotion of the city's commercial land uses. This
designation reflects the city's potential consideration of complementary, alternative land uses that
will enhance the area and support the commercial uses.
Changes to the Commercial Redevelopment Target Areas map (page 45) include:
Location of Change Redevelopment Category
Southwest Winnetka/Bass Lake Road Commercial
Midland Shopping Center Commercial
City Center Commercial Mixed Use
Text changes were made to District 3 (page 85) to include the Project for Pride in Living
development at 5501 Boone. As well, text changes were made to District 6 (pages 89-90) to reflect
the Winnetka Green and Winnetka Townhome projects.
VIII. Recommendation
Staff recommends the approval of the comprehensive plan updates as presented by the city's
planning consultant. Following approval by the City Council, the formal amendment application
will be prepared by the planning consultant for submission to the Metropolitan Council.
Attachments: Proposed Map and Text Updates (6/1/05)
Planning Case Report 04-28
Page 4
7-1-05
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Kirk McDonald
FROM:
Alan Brixius
DATE:
June 1, 2005
RE:
New Hope - Comprehensive Plan Residential Density Categories
FILE NO:
131.00 - 05.05
The-Winnetka Green townhome development has a density of 10.6 units per acre. This
density falls between the medium and high density categories as defined in the New
Hope Comprehensive Plan. In review of the Comprehensive Plan, the residential
densities are defined as follows:
Low Density
Medium Density
High Density
0-4 units per acre
5-10 units per acre
11 + units per acre
Concern has been raised by the Council and staff as to those projects that fall by
decimal between the categories and staff has been directed to correct this situation.
On May 4, 2005, City staff met with James Uttley of the Metropolitan Council to discuss
New Hope's density descriptions in comparison with regional descriptions. Mr. Uttley
informed the City that our densities are slightly lower than regional standards, but it was
left to the discretion of the City as to how they choose to define their individual
residential land use categories. New Hope's categories are acceptable.
As a means of resolving the issue related to the gap between low to medium and
medium to high residential land uses, it was suggested that the text of the
Comprehensive Plan be amended with the following language:
Low density residential land uses have a density of one up to four units per acre.
Medium density residential land uses have a density of four, up to 10 units per acre.
High density residential land uses have a density of 10+ units per acre.
These amendments would affect pages 33 and 38 of the New Hope Comprehensive
Plan and would effectively address those residential projects that may fall between the
current residential land use density descriptions of the Comprehensive Plan. Revised
pages are attached.
Other changes suggested are: page 31, Proposed Land Use Plan - change the land
use designation for the Winnetka Green town home project, at the corner of Bass Lake
Road and Winnetka Avenue from medium density residential to high density residential.
A portion of the City Center commercial area has been reclassified as mixed land use.
The land use description for mixed use is provided on attached new page 44 of the
Comprehensive Plan.
Page 35, Residential Redevelopment and Maintenance Target Areas Map - changes to
this map would include the following. Deletion of the following projects because they
are underway or near completion:
. Nevada Townhome projects located along Nevada Avenue.
. The Winnetka Green town home project.
. The Winnetka Townhomes located on the old Frank's Nursery site.
. The Bass Lake Road Townhomes project done by PPL.
. Hillside Terrace Subdivision~
. Boone Condominium/Apartments.
Page 44 - A description of mixed land uses has been prepared as a redevelopment
strategy for select commercial sites in the City Center area.
Pages 85-96, Planning Districts - These pages were changed to duplicate the text in
the general body of the Comprehensive Plan.
This memo is a summary of the proposed plan amendments that are being considered
by the City. If these are generally acceptable, they may be approved as amendments to
the current Comprehensive Plan.
pc: Shawn Siders
Steve Sondrall
2
Land Use
NEW HOPE LAND USE
The following table and map illustrate both the existing and proposed 2020 land use
patterns in New Hope. The 2020 Land Use Plan emphasizes the maintenance,
enhancement, and redevelopment of existing land use areas.
LAND USE (ACREAGE)
Existing Land Use Proposed Land Use
1998
Acres Percent Acres Percent Density
of Total of Total Units/Ac
Residential Total 1,479.45 42.4 (11~'_ll' 42i7
Low Density (1,198.82) (34.4) (aai2) 0-4
.........-.-...
Low to Medium Density (0) (0) (~~;g~) ~;~R1 0-10
Medium Density (74.70) (2.1) (72.38) (2.1) 5-10
High Density (205.93) (5.9) (~~~;~!J1 ($1$) 11+
..........
Commercial 111.98 3.2 1~~;@l 1M;!
Industrial 473.85 13.6 4811'1 j~;~
. -', ........
:;::..:._::...~:...:k..:\..:
Public and Semi-Public 244.55 7.0 ....171 !};~
22",,,..,.,
.......,-.w.._.............,'..
Parks and Recreation 179.88 5.2 182.72 5.2
Open Water 96.63 2.8 96.63 2.8
Vacant 29.66 .8 1.56 .001
Roadway 873.19 25.0 873.19 25.0
TOTAL 3,489.19 100.0 3,489.19 100.0
Source: Bonestroo, Rosene, Anderlik and Associates,
Northwest Associated Consultants, Inc.,
(ffi)
City of New Hope
Comprehensive Plan Update
Development Framework
27
BROOKLY PARK
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>-
...
ll.
GOLDEN VALLEY
~ City of New Hope
County Rd 101
31
PROPOSED
LAND USE
D Low Dens~y Residential
~ Low Dens~y I Medium Density Residential
_ Medium Dens~ Residential
_ High Dens~ Residential
_ Commercial
_ Commercial Mixed Use
_ Industruial
_ Public & Semipublic
_ Parks & Recreation
Lakes
D Vacant
D out side City lim~
o
.
0.25
0.5
0.75
1
'Miles
Base Map~ Bonestroo Rosene Anderrlk & Associates
May 2005
NO.l'HWE51' A550CIAI'l!D CONSULTANTS, INII:.
~"" 0'",," M~.".,n~' HI"_",,. "....0 2<>2, Gold"" ,,""..... "N "5422
T_...." 7<13231.255'" "_m''''' 7W,~3'.:z5<l.1 """'....o@"...,~"',,~;"""''''''
Comprehensive Plan Update
Development Framework
Land Use
RESIDENTIAL
Residential land uses occupy approximately 42.4 percent of the City's total area. While
low density single family housing is the predominant land use and housing type, New Hope
does provide a broad diversity of housing, as illustrated in the following table.
HOUSING TYPES -1996
Housing Type Total Units Percent
Single Family Detached 4,569 51.7
Single Family Attached 305 3.5
Twinhome 42 0.5
Multi Family 3-4 units 137 1.6
Multi Family 5-9 units 153 1.7
Multi Family 10-19 units 984 11.1
Multi Family 20-49 units 1,267 14.3
Multi Family 50 units or more 1,337 15.1
. 43 0.5
Other
TOTAL UNITS 8,837 100.0
Source: 1990 U.S. Census
New Hope Building Permit and Demolition Data, June 1997
Life Cycle Housing Study for year 2010
Low Density Residential
The low density residential areas exhibited on the proposed land use map are reflective
of residential neighborhoods having a density of l:!n~ImlQ.fQiiifunits per acre. These
areas in New Hope are comprised of detached single family homes.
ffi
City of New Hope
Comprehensive Plan Update
Development Framework
33
:J:
...
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o
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~
D.
GOLDEN VALLEY
~ CitY of New Hooe
RESIDENTIAL
REDEVELOPMENT AND
MAINTENANCE
TARGET AREAS
_ Maintenance
_ Redevelopment - Medium & High Density
D Redevelopment - Low Density
_ Commercial Mixed Use
- City Boundary
.. Outside City
o 0.25 0.5 0.15 1
Miles
- -
- -
BaSG Map: Bonestroo Rosene Andertik & Associates
June 2005
NoaTHWfn A.$,$OCtAUQ COttSl,IlTANT$. ".c.
,,,,,,,, O"~n ~".....O'..' .... 9""'''''. ",-,... ~"'... ",,,,,,,,n ".11.... ..... """""'~
T_.",?S3r.".:.sa;"".""",",'n,:r:;'.2E~lp""",."",,'..-,."n"'......,..m
Co=ensive Plan Update
opment Framework
35
-~,".""_''''''-''-'''''.;'''-;_, .,.,~.,._"';=-""""~~=,_c'~",",.,=.r"''''===~='~'''''"''''':~__~=CC-'l~;-'',_,,,q;_u
Land Use
The vast majority of New Hope's low density residential neighborhoods were developed
prior to 1970. In spite of its age, the City's single family housing stock is generally well
maintained and in very good condition. However, as displayed on the map on Page 35,
a 1996 housing survey, prepared by New Hope's Department of Fire and Safety, identified
small clusters of single family homes having housing condition problems. These areas will
require rehabilitation or redevelopment efforts.
An expressed community goal is to maintain and enhance the strong character of its low
density single family neighborhoods. To achieve this goal, the City will continue its
tradition of aggressively addressing local housing issues. Current programs geared at
addressing single family neighborhood housing conditions include:
1. In 1977, the City adopted its Housing Maintenance Code, which requires home.
sellers to have a pre-sale inspection and repair any identified problems. The early
and continued implementation ofthe Housing Maintenance Code has been credited
as one of the primary reasons for the excellent condition of the City's single family
neighborhoods.
2. For housing sites that exhibit a significant degree of deterioration, the City has
undertaken rehabilitation and redevelopment efforts through its Scattered Site
Housing Programs. These programs have allowed the City to improve or remove
blighted properties before they negatively impact the surrounding neighborhoods.
3. The City has undertaken a plan to address a cluster of substandard homes located
along Bass Lake Road and the Bass Lake Road extension. The City, through
~:~~:~~~~~e~~\~iilj~I~t~i~~i~~itii~~nf!i.~I~i~~~rl~i~~~!~iI~ti~t~g.future
These current efforts have a proven record of effectiveness and will continue into the
future. Other efforts that are being implemented to encourage reinvestment in the City's
single family neighborhoods will include:
1. The examination and modification of the City's development regulations pertaining
to low density single family areas in order to provide local property owners greater
flexibility in the use and development of their properties. Topics addressed to date
have included building setbacks, accessory buildings, and home occupations.
These efforts are intended to allow property owners the opportunity to expand, alter
or modernize their homes in a manner that keeps the housing stock contemporary
and sellable.
(fB)
City of New Hope
Comprehensive Plan Update
Development Framework
37
Land Use
2. As a continuing community service, New Hope participates with adjoining north
suburban communities in an annual remodeling fair. This community outreach
effort serves to encourage and educate local property owners to make
improvements to their homes.
The New Hope Life Cycle Housing Study, 1997, indicates that the City has a sufficient
supply of affordable ($115,000 or less), low density detached housing units. The
availability of higher value homes within the City has been limited. However, according
to the Multiple Listing Service reports, New Hope homes have been selling at higher
values in recent years. The Life Cycle Housing Study suggests that due to the limited
supply of vacant land, a strategy of continued maintenance, upgrading and modernization
of the existing low density single family housing stock will continue the trend of higher'
home values.
Medium and High Density Residential
Medium Density (fqgl'iiqjJJ;,~g!jQlunits per acre) and high density (',Q1!l1;units per acre)
residential land uses represent ,~;l!~rp@~~of the City's total land area and 48.3 percent
of the City's total housing units.
Existing development patterns reveal that the medium and high density residential
development patterns are dispersed throughout the City. The location of the higher
density is at the periphery of single family neighborhoods generally in close proximity to
commercial land uses and higher functional classification streets. This strong land use
pattern has served to reduce land use incompatibility issues between high density and
lower density neighborhoods.
The 1996 Housing Survey, prepared by the New Hope Department of Fire and Safety,
reveals that the majority of the City's high density residential areas are in good condition.
The good condition of the multiple family housing stock is attributed to strict zoning
requirements instituted in the early 1960s that required multiple family buildings to be
constructed with expensive, durable brick veneers. This construction standard provided
an attractive, low maintenance exterior wall treatment and focused exterior building
maintenance dollars for the multiple family buildings to windows, doors and roofing. In
most cases, the City's multiple family units provide for amenities such as attached
garages.
~
City of New Hope
Comprehensive Plan Update
Development Framework
38
Land Use
Through the 1996 Housing Survey and 1997 Community Tour, multiple family areas that
exhibits signs of deterioration and blight have been identified on the previous map. The
multiple family sites displaying deteriorating conditions have been divided into two
categories:
1. Maintenance. Sites in this category may be enhanced through improved building
and site maintenance. These areas include a number of medium density residential
areas that exhibit declining exterior building or yard conditions including, but not
limited to, poor siding, painting required, driveway conditions, yard conditions,
outdoor storage, etc.
Property ownership patterns, rental properties, and the lack of homeowners
associations related to these medium density residential sites have complicated the.
application of the City's point of sale Housing Maintenance Code. Many medium
density housing units initially purchased for owner occupancy may be converted to
rental properties rather than sold. Under these circumstances, the City may not be
aware of the change in occupancy and have the opportunity to implement its
Housing Maintenance Code.
In these instances where housing maintenance or rehabilitation is appropriate, the
City must be proactive in bringing the medium density housing units under the
regulation of the New Hope Housing Maintenance Code with regular, periodic
inspections and code enforcement.
2. Redevelopment. The 1996 Housing Survey identifies target areas for multiple
family redevelopment efforts. These areas, due to deteriorated housing conditions,
require more dramatic efforts to correct both physical conditions and related social
issues.
The primary redevelopment sites are located along Bass Lake Road, 62nd Avenue,
:~~~~~: ~::~~~~~tt!!~t~r~6~!!~~Q!~~I~~~!v:~I~i~i~[i, r:~~v~~~n:~;~
Avenue near Medicine Lake Road.
The City has undertaken efforts, in cooperation with Project for Pride in Living, ISO
281, and the City of Crystal to redevelop three substandard, non-conforming sites
located along Bass Lake Road between Pennsylvania and Nevada Avenues. This
project involves the assembly of eleven individual lots, demolition of two non-
conforming commercial buildings, and the creation of 34 townhome units. The
result of this project is the creation of an attractive town home neighborhood along
Bass Lake Road. The housing units will consist of affordable three and four
ffi)
City of New Hope
Comprehensive Plan Update
Development Framework
39
Land Use
bedroom town homes that have been identified as a housing need in New Hope.
Other ancillary benefits include the correction of long term drainage problems in the
area and bringing the entire property under a single ownership and management.
This project serves as an example for future redevelopment areas.
-
--
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--
The Land Use Plan does not propose a change in land use in most of the
residential redevelopment target areas. Rather, redevelopment sites are
anticipated to remain residential, with a focus on changing the conditions, type, or
density of the existing residential land use. Specific suggestions include:
1. Apartment complex located at Bass Lake Road and Yukon Avenue is characterized
by the following conditions:
a. Poor construction.
b. No amenities, no garages.
c. Flooding problems.
d. Crime problems.
~
city of New Hope
Comprehensive Plan Update
Development Framework
40
Land Use
This site's proximity to the City's golf course offers excellent opportunity for
redevelopment and the creation of higher value housing which has been identified
as a housing need in New Hope.
2. The multiple family buildings along 62nd Avenue, between Winnetka Avenue and
West Broadway, display the following conditions:
a. Poor building conditions and site maintenance.
b. No amenities, no garages.
c. Outdoor storage problems.
These sites are over-utilized. Any redevelopment should consider a reduction of
density to provide a more attractive living environment and site amenities. Due to .
the lot sizes and configuration, this area may be more suited for medium density
townhomes or twinhomes with attached garages. This type of housing has been
identified as a need in New Hope's 1997 Life Cycle Housing Study for the Year
2010 to accommodate the City's growing population of empty nesters and elderly
individuals.
Other redevelopment target areas will require specific site analysis to determine
appropriate housing types and densities when the City undertakes actual redevelopment.
HOUSING NEED
The diversity of New Hope's housing stock goes a long way in meeting the needs of a
variety of income and age groups. The City has been very aggressive in addressing
housing issues pertaining to housing conditions, housing affordability, and housing for
special needs residents (the elderly and people with disabilities).
In looking to the future, the City has conducted the 1997 Life Cycle Housing Study for the
year 2010 which identifies the following housing needs:
1. Hioher Value. Move UP Housino. Due to the lack of vacant land supply in New
Hope, this housing need must be met through continued maintenance upgrading
and modernization of existing single family housing stock. The City may also look
to satisfy the housing need through redevelopment of bl ighted sites which may have
amenities that would be attractive to higher value medium or high density housing
options.
ffi
City of New Hope
Comprehensive Plan Update
Development Framework
41
Land Use
2. Owner Occuoied or Rental Attached Housino. The Life Cycle Housing Study
identified the need for attached housing (townhomes, twinhomes, cooperative
apartments) that offer low maintenance, independent housing opportunities. These
types of housing opportunities are attractive to empty nesters or older residents
wishing to live in New Hope.
3. Affordable Rental. The Life Cycle Housing Study identified a need for additional
affordable rental units before year 201 O. Due to the City's extensive rental housing
supply, these units can be provided through rental assistance certificates for use
within existing rental units.
4. Soecial Needs Housino. New Hope has made special efforts to provide housing.
for people with special needs such as the elderly and disabled. New Hope will
continue to expand its special needs housing stock as opportunities present
themselves.
The specific quantifiable housing needs for New Hope are included in the 1997 Life Cycle
Housing Study for the Year 2010 which has been included as Addendum A of the
Comprehensive Plan. The City's housing policies and implementation plan is identified
in the New Hope Housing Policy Action Plan, 1996, included as Addendum B of this
Comprehensive Plan.
COMMERCIAL
Commercial uses occupy ~~&~~of the City's total land area. The vitality and image of
the City's commercial area is a primary concern of the City. New Hope's shopping areas
display a declining image through building appearance, vacancies, and erratic commercial
land use patterns that provides little continuity or business interchange between the
various commercial areas.
In an effort to respond to the commercial land use concerns related to the function and
vitality of the City's commercial areas, the following strategies will be implemented:
1. Work cooperatively with the City of Crystal to establish a cohesive commercial
image along Bass Lake Road between Winnetka Avenue, and Highway 81.
2. As opportunities present themselves, redevelop and assemble small commercial
sites to create larger commercial lots capable of accommodating contemporary
office, retail, and service providers. Specific land assembly target areas include
m
City of New Hope
Comprehensive Plan Update
Development Framework
42
Land Use
sites along Bass Lake Road east of Winnetka Avenue, 42nd Avenue east of the
railroad tracks, and Medicine Lake Road east of Hillsboro Avenue.
3. Aggressively pursue the redevelopment and/or renovation ofthe Winnetka Center,
Kmart Center, and Post Haste Center to enhance both the physical appearance and
tenant composition of these centers in an effort to improve the customer draw to
New Hope's commercial areas.
4. Coordinate redevelopment efforts of the shopping centers in the City Center area
of New Hope to promote easy access, shared parking and pedestrian movement
between the shopping centers to promote business interchange between these
shopping centers.
5. Consider a reduction in the shopping center parking standard and promote shared
parking arrangements in an effort to reduce parking lot size and create additional
commercial building sites that would complement the shopping centers.
6. Redevelopment efforts in commercial areas shall promote commercial land uses as
a first priority. However, the City will consider the introduction of compatible and
complementary alternative land uses as part of the commercial redevelopment
projects if it will enhance the commercial vitality on a City-wide basis.
7. The City will promote a business friendly attitude through the community promotion
and ongoing examination of City regulations impacting businesses (e.g., zoning,
signage, business licensing) to keep New Hope businesses competitive with
adjoining communities.
8. To enhance the commercial image and to unify the identity of New Hope's
commercial areas, the City will implement its Streetscape Plan to establish a
common design theme throughout the various commercial locations.
In addition to the general commercial land use recommendations, the Land Use Plan calls
for the following changes in commercial land use patterns:
1. The commercial area at the corner of Winnetka Avenue and 62nd Avenue is
proposed to be redeveloped as medium density residential land uses.
2. Two commercial lots located along Bass Lake Road between Pennsylvania and
Nevada Avenue are proposed to be redeveloped as medium density residential
land uses.
ffi
City of New Hope
Comprehensive Plan Update
Development Framework
43
Land Use
3. New commercial land uses are proposed at the northeast corner of Quebec Avenue
and 42nd Avenue. This land use change involves the redevelopment of three
industrial sites.
4. Commercial land uses have been expanded along the east side of Winnetka
Avenue just north of Medicine Lake Road to include a non-conforming multiple
family site. This land use change is proposed to establish a contiguous land use
pattern along Winnetka Avenue between Medicine Lake Road and Terra Linda
Drive.
5. Commercial land uses have been expanded to two sites located at the corner of
Hillsboro Avenue and Medicine Lake Road.
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City of New Hope
Comprehensive Plan Update
Development Framework
44
::c
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COMMERCIAL
REDEVELOPMENT
TARGET AREAS
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City Boundary
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Base Map: Bonestroo Rosene Andertik & Assoc::iates
June 2005
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Co~rehensive Plan Update
velopment Framework
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PLANNING DISTRICT 3
Planning Districts
This district is found on the western edge of New
Hope and is bordered by Plymouth to the west,
Bass Lake Road to the north, 49th Avenue to the
south, and Boone Avenue to the east. This area
has a strong industrial base and is in excellent
condition. Other land uses within the area include
parks/recreation, public/semi-public lands, high
density residential and a small amount of
commercial. The following recommendations are
offered for Planning District 3.
1. The primary goal within Planning District 3 is
the preservation and enhancement of its
industrial land uses. In this respect, the
following recommendations are offered:
a. Promote industrial infill development of the remaining vacant parcels on
Bass Lake Road and 49th Avenue.
b. Work with existing industries to encourage business retention and in-place
expansion.
c. Redevelop two substandard sites located along the south side of East
Research Center Road to establish sites for new industrial development.
d. Promote the proper screening of outdoor storage areas within the industrial
park.
11~11'"111~llllili=II'r~tillll"'!~IIIIII1IIIIIlII;
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ill;
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City of New Hope
Comprehensive Plan Update
Development Framework
85
PLANNING DISTRICT 6
Planning Districts
This district's borders are Winnetka Avenue to the
west, the C.P. Rail System to the south, and Crystal
to the east and north, with a jagged northern border.
District 6 is primarily low density residential with
areas of multi-family residential and commercial
development scattered along Bass Lake Road. The
following recommendations are offered for Planning
District 6.
1. The low density residential neighborhoods in .
District 6 are generally in good condition,
however, two low density redevelopment
target areas have been identified within
Planning District 6. In addressing the low
density residential land uses in District 6, the
following recommendations are made:
a. The City will aggressively promote private reinvestment in the existing single
family housing, through housing renovation seminars and programs, and the
through the enforcement of the Point of Sale Housing Maintenance Code.
b. Scattered site housing renovation and redevelopment will be pursued on
selected lots within District 6.
c. The City has targeted the low density residential area along Bass Lake Road
and the Bass Lake Road extension. This area is characterized by small
homes in marginal condition on large lots. J1g,i~'n~$;~!~ggll!;!;~~
r~~M~I.Q~~;tQ~g;~I!~~;~~r,@!IMI!!!~nqmJ~!t~it~~)Q;mJq~!!~{i!jiiI$.~~;
d. A second low density residential area targeted for redevelopment consists
of a number of very deepl()tsalongVllil1l1~tka Avenu~~~t\Ne~l1l3~s~La~e
Road and 53rd Avenue i\lOgt~m!I:I~rgIQ~!!!;\);l!mm~tqi~'1p1!gpgi1t!ggi~I~1m
ffi)
City of New Hope
Comprehensive Plan Update
Development Framework
89
Planning Districts
iai
f.
New low density residential land uses will be encouraged on the remaining
vacant parcels in District 6.
2. The medium and high density residential land uses in District 6 are located along
Bass Lake Road. Inspection of these land uses find these areas in various states
of disrepair. The renovation of medium and high density land use in District 6
includes:
a. The City is currently participating in the redevelopment of a blighted non- .
conforming medium density residential site located along Bass Lake Road
between Nevada and Pennsylvania Avenues. This redevelopment is being
undertaken with a non-profit organization along with the cooperation of ISD
281 and the City of Crystal. This project provides a working example of
projects that will provide a much needed housing resource and correct land
use infrastructure concerns. The proposed land use plan has been modified
to illustrate the resulting medium density land use for the site.
b. A second undeveloped target area involves a high density residential site
located along Winnetka Avenue north of Bass Lake Road. This site displays
declining building and site conditions. The City will pursue building
renovation andlor redevelopment as conditions permit.
3. Within Planning District 6, an aggressive strategy for enhancing the commercial
character along Bass Lake Road is recommended including:
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b.
Assemble and redevelop smaller commercial sites to create larger
commercial lots for contemporary retail, service and office uses.
c.
In cooperation with the City of Crystal, establish a commercial streetscape
that enhances the overall character of the Bass Lake Road commercial
corridor.
City of New Hope
Comprehensive Plan Update
Development Framework
90
Planning Districts
PLANNING DISTRICT 11
District 11 has been configured to
include the City Center and the
commercial corridor along 42nd
Avenue. The district extends from
Zealand Avenue on the west to
Louisiana Avenue on the east. In
addition to the commercial land
uses, District 11 includes high
density residential, industrial and
public/semi-public land uses. The.
following recommendations are
offered for District 11.
1. A stated goal of the City is to enhance and revitalize the City's commercial location.
The City Center and 42nd Avenue serve as downtown New Hope. In recognition
of the City's commercial goals, the following strategies have been defined for the
commercial land uses in District 11:
a. Aggressively pursue the renovation and redevelopment of the Winnetka
Center and the Kmart Shopping Center. Undertake efforts to enhance the
physical appearance and te~.!:Int.c:()'!1P()sitioD.()f.!.h~..C:ElrltElrs..t().i'!1.pr()\lEl.thEl
customer base of this area. 8jml~lmlg;l4$~;i!lilt~IIQw$fqrj~~!p~ioli!ttQtI
~1;~!D.@!~t1j@li:i!f!;;_!qm;tgfu'!gl.g~Q$J~;;(~~:lg~mI!@I;!iJ1!f!~~$li.ii"yi~
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b. Redevelopment efforts for the shopping center must attempt to integrate the
site design with adjoining shopping centers to improve business interchange
and pedestrian movement.
c. The City will provide the creation of satellite commercial sites within the
shopping center properties to accommodate new economic development.
The City will examine current development regulations and consider
modification that facilitates satellite site development.
d. The City will pursue a uniform streetscape design around the City Center
and along 42nd Avenue to establish an attractive commercial identity.
~
City of New Hope
Comprehensive Plan Update
Development Framework
95
Planning Districts
e. The City will pursue redevelopment of marginal commercial sites along 42nd
Avenue. Three target sites have been initially identified. The first site
consists of two small commercial lots at the southwest corner of 42nd
Avenue and Oregon Avenue. The lots are over-utilized, creating operation
and aesthetic problems for the businesses. Redevelopment efforts should
attempt to combine the properties to create a large commercial site.
The second site is located at the northeast corner of 42nd Avenue and
Nevada. This site is generally under-utilized and offers opportunity for
commercial expansion.
The third site is located at the northeast corner of Quebec Avenue and 42nd
Avenue. Currently, this site consists of three industrial sites that are.
undergoing environmental clean up. Only one lot contains an active
industrial use. Redevelopment efforts should change this site to a
commercial land use that would be complementary to the entire City Center
area.
2. The Civic Center Park and governmental buildings are included in District 11. This
area serves as an important element to the City Center image and as an attraction
to the planning district. Suggestions for this land use area include:
a. Consideration of the Civic Center Park for a community center.
b. Implementation of the Civic Center Park Master Plan.
ID
City of New Hope
Comprehensive Plan Update
Development Framework
96
Memorandum
To:
Planlling Commission
Kirk McDonald, Director of Community Development
From:
Date:
Subject:
July 1, 2005
Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional
detail on Council/EDAlHRA actions on Community Development related issues or other city projects.
It is not required reading and is optional information provided for your review, at your discretion.
1. Tune 6 Council Work Session - At the June 6 Council work session, the Council discussed the
following planning/development/housing items:
. Distribution of Request for Oualifications (RFOs) for the Bass Lake Road Apartment area:
Four developers submitted letters of interest and excerpts are attached, see attached Council
request.
. Projected 2005-2006 timeline for community development projects: Staff prepared a draft
time line for development projects, see attached Council request.
. Discussion and direction regarding proposed purchase of 4415 Nevada Avenue: Council
determined not to pursue acquisition at this time, see attached Council request.
2. Tune 13 Council/EDA Meeting - At the June 13 Council/EDA meeting, the Council/EDA took
action on the following planning/development/housing issues:
. PC05-07. Request for sitelbuilding plan review to allow a gymnastics school to locate in an
industrial zoning district. 3980 Ouebec Avenue: Approved, as recommended by the
Planning Commission.
. Project #740. Public hearing regarding a proposed transfer of real property. 7500. 7516. 7528
42nd Avenue North to Frey Development and Manley Land Development. LLC: Council
approved transfer, see attached EDA request.
. Project #775. Public hearing and purchase agreement approval regarding a proposed
transfer of real property. 5207 Pennsylvania Avenue North to Avery Homes. Inc.:
Approved, see attached EDA request.
3. Tune 20 Council Work Session - At the June 20 Council work session, the Council discussed the
following planning/development/housing items:
. Tour of Parks & Recreation and Community Development projects: Packet enclosed for
those not attending.
· Project #750, Selection of development companies to be invited to submit a request for
proposal (RFPJ for the Bass Lake Road Apartment area: Staff recorrunended and Council
concurred that all four developers be invited to participate in developer selection process,
see attached Council request.
. Discussion regarding rental housing ordinance and inspection program timeline: Council
directed staff to proceed with program and implement by January 1, 2006, see attached
Council request.
· Discussion regarding sign code as it pertains to garage sale signs: Majority of Council
directed staff to take a more "benevolent" approach to sign enforcement, see attached
Council request.
4. Tune 27 Council/EDA Meeting - At the June 27 Council/EDA meeting, the CouncillEDA took
action on the following planning/development/housing issues:
3.
Cont.
. Project #750, Motion authorizing staff to obtain estimates for appraisals of the Bass Lake
Road Apartments: Approved, see attached Council request.
. Project #751, Continuation of public hearing - Sale of a portion of Outlot A, Winnetka
Green project area to Paul Edison: Approved sale, see attached Council request.
. PC 05-06, Request for final plat approval for property to be known as Sims First Addition.
4301-17 Nevada Avenue North, NCRC: Approved, see attached Council request.
. Project #718. Update on meetings with City Center businesses and property owners: See
attached Council request.
. Update on relocation estimates for the Bass Lake Road Apartments: Postponed to a later
date, consultant to meet with Council, see attached Council request.
. Project #787. Motion authorizing development of plans and specifications for Lions, Little
Acre. and Meadow Lake Park trails improvements: Authorized plans and specs with two
design options, see attached Council request.
. Project #740. Resolution approving a purchase agreement to sell the city-owned properly
at 7500. 7516. 7528 42nd Avenue to Frey Development and Manley Land Development.
LLC: Approved, see attached EDA request.
5. Codes and Standards Committee
. Transit Shelter Ordinance - The next step will be for staff/consultants to meet and discuss
ordinance changes, then committee to meet and review recorrunendations. Staff will also
present this matter at a future Council work session to determine if the Council supports
moving forward with this program.
Future items for discussion to include zoning code amendment for 60-day rule to conform to
new regulations and several other minor code amendments.
Staff and consultants will meet in mid-July and a committee meeting will be scheduled some
time toward the end of July or the first part of August. The new community development intern
is coordinating background information for the meeting.
6. Design and Review Committee - The Design and Review Committee met on June 16 to review
the plans for the Rosalyn Court condo conversion and 42nd and Quebec redevelopment project.
The deadline for the August Planning Commission meeting is July 8. Staff anticipates a request
for a garage setback variance. Staff is aware of several applications that will be submitted in
September.
Staff will contact the committee regarding a meeting following the application deadline.
7. Future Applications - Future potential applications or businesses/developers that staff is
currently working with, or has recently met with, include:
1. Sunset Apartments subdivision
2. Alano - shared parking CUP
3. Wings Soccer Club
4. Coffee shop - City Center
5. Aldi grocery store, 7180 42nd Avenue
6. Holy Trinity Lutheran Church expansion, 4240 Gettysburg Avenue
7. Crystal Free Church CUP amendment for minor expansion
8. lntermet expansion, 5100 Boone Avenue
9. Waymouth Farms parking variance/CUP
10. Hosterman soccer field complex
8. Livable Communities - Subsequent to the developer's round table held on March 28, four
interested developers submitted a Request for Qualifications for the Bass Lake Road Apartments
site. The Council reviewed the RFQs and directed staff to invite all four developers to submit an
RFP. Staff will update the Commission on this process at the July 12 meeting. The City Council
will be meeting with the developers at the July 18 work session.
9. City Center Task Force Update - Staff met with existing property owners and businesses along
42nd A venue between Zealand and Louisiana avenues and in the City Center area regarding
future improvements to their businesses and sites. All information was presented to the Council
at the June 27 Council meeting. It is anticipated that the City Center Task Force will reconvene
later this summer to make modifications to the plans. Staff will update the Commission at the
July 12 meeting. The Council will provide further direction at the July 18 work session.
10. Development Update - Enclosed please find the July "Development Update" which describes
the status of the development projects in the city.
11. Project Bulletin - Enclosed are a project bulletins regarding the Livable Communities and City
Center projects.
12. Watershed Management Commission - Enclosed is a copy of the Watershed Management
Commission's Maintain Your Property the Watershed Friendly Way: A Guidebook for Commercial
Properties and Common Ownership Communities for your review.
13. Miscellaneous Articles - The April issue of Zoning Practice is enclosed for your review.
12. Minutes - Enclosed are Planning Commission minutes for your review,
13. If you have any questions on any of these items, please feel free to contact city staff.
Attachments: RFQ re: Bass Lake Road Apartments
Community Development projects timeline
4415 Nevada Avenue
42nd/Quebec avenues property proposed transfer
5207 Pennsylvania Avenue
Bass Lake Road Apartments selection of developer to invite for RFP
Rental housing ordinance
Sign code: garage sale signs
Bass Lake Road Apartments obtain estimates for appraisals
Sale of Outlot A
Final plat for Sims First Addition (NCRC)
Update on City Center meetings
Relocation estimates for Bass Lake Road Apartments
Plans and specs for park trail improvements
Purchase agreement for 42nd/Quebec avenues
Development update
Project bulletin
Water Management brochure
Miscellaneous articles
Planning Commission 6/7/05 Minutes
Preliminary Plat:
NEW HOPE QUEBEC ADDITION
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PARCElB:
The West 95.0 f.et 01 lhe I
SUBDI1JISION NO. J24,Hetlne
PARCELC:
The W.st 95.0 fe.t.f the,
SUBDI1JISIDN NO. J24,Henn.
AIS..djoiing,",c.ted.ney.
TO 68 PLATT
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AT (612) 454-0002 PRIOR TO
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Elo""lion_90B,52
AR8A INFORM.
PARCEL AREAS:
Poreel A A,,.. ~ 40,484.4 I
Porc.1 8 Aroo ~ 30.694.6 I
Pon::e1 C Moo = 32,310.00
Vacotod olley oreo ~ 6.410
0'0'011 Aroo = 109,899,051;
PROPOSED LOT AREAS:
L.t I. Block 1 0'.0 ~ 55,S!
Lot2.8Iocklorl:(l_S4,OI
CONTACTS
SITE A[)I'JRFSS
7500-7528 42nd Avenue North
New Hope. Minnesota
OWNFR
City af New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
(763) 5.l.l-4R?~
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Parking Lot Only
Illuminance Values(Fc)
Average =2.41
Maximum =7.1
Minimum =0.5
Avg/Min Ratio=4.82
MaxiMin Ratio=14.20
Footcandles shown at grade using mean lumens
Numeric 'Summary
Project: All Projects
Label IAvg I Max I Min I Avg/Mln I MaxIMin
Calc Plane 11.18 17.1 I 0.0 10,00 10.00
Luminalre Schadule
Project: All Projects
Qty Symbol Label Description Lumens LLD BF Additional Equipment/Information
2 ~ A PR2632-M (32OW PSMH) 30000 0.8 1 PS4S25C1 BZ (25') Pole
4 II~. B 2 x PR2632-M (320w PSMH) . 30000 0,8 1 PS4S25C2BZ (25') Pole
28 [] C E8407-D (70w MH) 5000 0.65 1
Fixture Mounting Heights:
A,S - 27' afg
C-11'afg
ELEVATION
(N,T.S.)
AC Series
POLE HEIGHT= 25'
BASE HT.= 2'
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PLANTING PLAN SCHEDULE
SYMBOL KEY QlY SIZE ROOT COMMON NAME SCIENTIAC NAME COMMENTS
69 SS 43 2.5' -Col. CONT. SPRING SNOW CRABAPPLE MALUS X HYBRIDS STRAIGHT LEADER
~ .
f (';~> ~; MAP 5 3'-Col B&B NORWAY MAPLE ACER PLATERNOIDES STRAIGHT LEADER
~~
e lIN 5 3'-Col B&B AMERICAN LINDEN TIUA AMERICANA STRAIGHT LEADER
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~ SUG 4 2.5' -Col B&B SUGAR MAPLE ACER SACCHARUM STRAIGHT LEADER
. CS 29 6' HT. B&B COLORADO SPRUCE PICEA PUNGENS SINGLE STRAIGHT LEADER FULL
FORM
9 DFJ 22 3D' CONT JUNIPER DAUBS FROSTED JUNIPERUS CHINENSIS
DAUBS FROSTED
-
0 SGJ TBD 24' CONT SEA GREEN JUNIPER JUNIPERUS CHINENSIS SINGLE STRAIGHT LEADER
0 MP TBD 24" CONT MCKAYS WHITE POTENTILLA POTENTILLA FRUTICOSA PLANT 4'-0" D.C.
'MCKAYS WHITE'
.. HO TBD 8" CONT VARIGATED HOSTA ALBO MARGINATA
SITE DATA
TOTAL SITE AREA:
BUILDING COVERAGE AREA:
BUILDING COVERAGE PERCENTAGE:
PARKING INFORMATION:
TOTAL PARKING STALLS PROVIDED:
TOTAL GREENSPACE:
GREENSPACE COVERAGE PERCENTAGE:
PARKING AND WALK AREA:
TOTAL IMPERVIOUS SURFACE AREA:
IMPERVIOUS COVERAGE PERCENTAGE:
109,899 SQ. FT. (2.s23 ACRES)
21,401 SQ. FT.
201
OffiCE CONDOMINIUM
15,345 X 801 = 12,276 5.FJ300+3 = 44 STALLS
RETAIL
4,616 X 901 = 4,154 5.FJ200 = 21 STALLS
RESTAURANT. 4,500 5.F.
KITCHEN
4,500 X 301 X 901 = 1,215 5.FJ200 = 6 STALLS
BAR
4,500 X 201 X 901 = 810 5.F J80 = 10 STALLS
DINING
4,500 X 501 X 901 = 2,025 5.FJ40 = 51 STALLS
OUTSIDE PATIO
958 X 901 = 862 S.FJ40 = 22 STALLS
154 TOTAL STALLS REQUIRED
133 PARKING STALLS PROVIDED. (SHARED)
30,014 SQ. FT.
271
58,484 SQ. FT.
79,885 SQ. FT.
531
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GNAGE BY OWNER
RECAST CAP TO MATCH
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Ul TURED STONE BASE TO
ATCH BUilDINGS, BY
ONTRACTOR
~ :~:.~ =S~~O~
SIGNAGE BY OWNER
SIGNAGE BY OWNER
PRECAST CONC. CAP PRECAST CONC. CAP
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CULTURED STONE TO
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RECEIVING SLEEVE FOR 1/4' BOLT WI 5/16'
INSIDE DlAM.-3' LONG (GALV.)
1/4' DlA. BARREL BOLT- 7' LONG-SET IN
SLEEVE WI 5/16' INSIDE DIA.- 3" LONG
(GALV.)
PREFIN. METAL FLASHING
10" CONC. BLK. W/ CULTURED
STONE (TO MATCH RETAIL BUILDING)
lX6 CLEAR CEDAR SLATS (NO KNOTS) @ 6"
O.C. OVER 2X4 STEEL ANGLES-LUMBER TO
BE STAINED.
TS 2X2Xl/4 (PAINT)
BURNISHED BLOCK (TO MATCH
RETAIL BUILDING)
.
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II : I I I II I I I 1/2" DIAM. BY 3-0 CANE BOLT (GALV.)
I L1L_______. .1lJL__ ______ _ J ~' 3/'" ""'. STD. "E SLEEVE
[-----------------------------
CONCRETE FOOTINGS FOR 6" AND S" STEEL
PIPES
TRASH ENCLOSURE ELEVATION
1/4" '" 1'-0"
20'-8"
3' -0"
2'-s"
2'_8tt
4'_0"
2'-8"
2'-8"
3'-0'
SLOPE CONCRETE PAD TO FRONT
1/8" PER FT.- SEE SITE PLAN FOR
CONTROL JTS.
6" DIA. BOLLARD - PAINTED
POURED CONCRETE WALL
10" CONC. BLK. W/ CULTURED
STONE (TO MATCH RETAIL BUILDING)
.
<0
I
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3/4" DIA. BY 1 1/2" DEEP
RECESSES FOR GATE CANE BOLTS.
PROVIDE TWO EACH AT GATE IN
CLOSED AND OPEN POSITION, FIELD
VERIFY EXACT LOCATION
.
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6" 01. PIPE BOLLARD CONCRETE
FILLED, SEE DETAIL 10/AU
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8'-4"
8'-4"
ENLARGED PLAN @ TRASH ENCLOSURE
1/4" ,. 1 '-0" NOTE! VeRIFY PLAN WI SANITATION COURI~R PRIOR TO CONST,
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;,.,
@ ~;~:~,:~EVATION
1. SIGNS TO BE A MINIMUM OF
12'x1S"x1/S"
12"x1S"x1/S" ALUM. SIGN
W / WHITE LETTERS ON
BLUE BACKGROUND
REFLECTIVE SHEETING TO
READ: "HANDICAP PARKING
ONLY"
ADDITIONAL 12"x6"x1/8"
SIGN- TO READ: "$200.00
FINE"
ADDITIONAL 12"x6"x1/B"
SIGN TO READ: "VAN
PARKING" - SEE SITE
PLAN FOR VAN PARKING
STALL LOCATIONS
2. RED LETTERING ON WHITE FIELD
3. 3M OR EQUAL ENGINEERS GRADE
REFLECTIVE SHEETING ON ALUMINUM
4. WORDING SHALL BE: NO PARKING
FIRE LANE
5. SIGNS SHALL BE POSTED AT EACH
END OF THE FIRE LANE AND AT LEAST
..:.. AT EVERY 75 FOOT INTERVAL ALONG
l: THE FIRE LANE
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6. ALL SIGNS SHALL BE DOUBLE SIDED
FACING THE DIRECTION OF TRAVEL
(PERPENDICULAR W/ CURB).
7. POST SHALL BE SET BACK A
MINIMUM OF 12" BUT NOT MORE THAN
36" FROM THE CURB.
8. FIRE LANE SHALL BE REQUIRED IN
FRONT OF FIRE DEPARTMENT
CONNECTIONS EXTENDING 5 FEET ON
EACH SIDE AND ALONG ALL AREAS
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100'-0.
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