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HomeMy WebLinkAbout2000-02-03 NAC Planning ReportEnclosure 3 t NORTH ASSOCIA ED CONSULTANTS DESIGN - MARKET RESEARCH INC PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: February 3, 2000 RE: Oak Park Heights - VSSA PUD Amendment/Minor Subdivision FILE NO: 798.02 - 00.02 BACKGROUND Valley Senior Services Alliance (VSSA) has requested a minor subdivision of Lot 1, Block 2, Boutwell's Landing which would result in splitting the lot on which the main campus will be constructed. The division of Lot 1, Block 2 into Parcel A and Parcel B would separate the 104 unit assisted living facility from the other building sections only by legal description. VSSA has made this request to facilitate financing of the Boutwell's Landing campus. City staff has determined that an amended PUD will also be required to process this request. The subdivision would result in a change to the lot lines of the development and those lines would pass directly through the building. The City Attorney has also raised issues that must be agreed to by VSSA and the mortgagee before the City will approve the subdivision and PUD amendment. Attached for reference: Exhibit A: Proposed Subdivision Exhibit B: Letter from City Attorney, January 26, 2000 Exhibit C: Application for Minor Subdivision 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAG@ WINTERNET.COM ISSUES ANALYSIS Minor Subdivision. The Oak Park Heights Subdivision Ordinance allows for minor subdivision of previously platted lots if no more than two lots are created and they conform to the Zoning Ordinance lot size minimum standards. The property is zoned PUD but the lot area and setback standards of the R -B, Residential Business District have been used in the past to evaluate this project. Parcels A and B are over 7 acres in size each; the R -B District requires a lot size of at least 15,000 square feet or .34 acres. The Zoning Administrator (City Administrator) can approve the subdivision, provided that it complies with applicable provisions of the Subdivision Ordinance. The subdivision complies with all ordinance requirements although a PUD amendment is also required in this case. As a result, City staff suggests that the Planning Commission make a recommendation on the subdivision and the City Council include the subdivision request with the PUD amendment as part of the action they will take on this matter. PUD Amendment. The PUD amendment is required in that an additional parcel has been added to the development and the lot lines would be changed as they relate to the proposed building location. The PUD section of the Zoning Ordinance requires that front, rear, and side yard restrictions on the periphery of the site be imposed, but interior setbacks are not required due to the flexibility provisions of the PUD section of the Zoning Ordinance. As a result, no variance will be required to accommodate the zero lot line situation that results from this subdivision. Sidewalks. To encourage a pedestrian friendly environment, City staff has reviewed the development plans for the Phase 1 development of the VSSA campus relating to sidewalks and has identified additional locations for pedestrian access. The City Engineer has reviewed the potential of adding sidewalks to Norwich Circle North (the northwest development area) and along Norwich Avenue North (the easterly twinhomes) and has determined that adequate area exists to construct sidewalks. As part of this PUD amendment, the City will require that these sidewalks be constructed this Summer as part of the continuing development of the VSSA campus. Additionally, the City will require sidewalks along the access roadways as part of the Phase 11 development review. City staff is also requesting that VSSA consider upgrades of the asphalt trails to concrete sidewalks in those areas outside of the park and open areas. Specifications and locations for the sidewalks would be subject to review and approval of the City Engineer. Clean Up of VSSA Property. Staff has recognized that property owned by VSSA, south of 58th Street and within the former Ritzer property contains a building, structures and debris that are hazardous and should be removed. As a condition of approval of this PUD amendment, staff recommends that the building, structures and debris be removed prior to May 1, 2000. 2 City Attorney Requirements. Upon review of the subdivision request and considering the impact on the established development agreements and permits, the City Attorney has developed a list of conditions to be applied to the request consideration. A summary of these conditions is as follows. The letter from the City Attorney is found as Exhibit B. 1. An amendment to the PUD is applied for and secured. 2. A written consent from the proposed mortgagee acknowledging the priority of the City's development control and agreement as it affects the VSSA project. 3. The mortgagee will also need to acknowledge the easements that are due to the City of Oak Park Heights in the form of roadway, trails, and potentially other park easements. 4. Trail easement conveyance as it affects established roadways should be completed before any subdivision will be allowed. 5. Impacts on the building that will be constructed across the property line will need to be addressed by the Building Official upon permit application. RECOMMENDATION Based upon the previous analysis, City staff recommends approval of the PUD amendment and minor subdivision based upon the following conditions: 1 An amendment to the planned unit development must be applied for and secured. 2. That a written consent will have to be received from the City of Oak Park Heights by the proposed mortgagee acknowledging the priority of the City's development contract and agreement as it affects the VSSA project. Specifically, the mortgagee should be required to execute a consent and acknowledgment that the obligations of the developer to the City of Oak Park Heights have priority over the mortgage as proposed to be placed upon the property by the developer and the mortgagee, and that the mortgagee shall not do any act to obstruct, impair or otherwise limit the ability of the developer to fully perform all of its obligations to the City of Oak Park Heights under the terms and conditions of the development agreement as originally executed and as may be subsequently amended between the City and the developer. 3. That the mortgagee will also have to acknowledge that there are easements yet due to be conveyed to the City of Oak Park Heights in the form of roadway and some trail easements and potentially other park easements. That we will need the commitment from the proposed mortgagee that they understand that releases as against the mortgage or deed of indenture will be freely granted by that mortgagee on behalf of the property to release same to the City of Oak Park Heights so that proper recording of easements unencumbered by the mortgage can be implemented. Further, it must be understood that there will be no fees or costs assessed to the City of Oak Park Heights by the mortgagee for those releases. 3 4. Further, it should be noted that final easement conveyance as it affects the established roadways should be completed before any subdivision shall be allowed. 5. The nature of the subdivision will have an impact on the building to be constructed across the property line. Those impacts will be addressed by the Building Inspector upon permit application. 6. VSSA shall construct all bicycle and pedestrian trails as sidewalks on those properties that will comprise the main campus and adjacent residential development. The specifications for sidewalk construction and exact locations shall be subject to City Engineer approval. 7. Sidewalks shall be added by VSSA to Norwich circle North and along Norwich Avenue North subject to City Engineer approval of specifications and locations. 8. VSSA shall remove the building, structures and debris on the former Ritzer property, south of 58th Street, prior to May 1, 2000. 9. Any other conditions as required by the City Council, Planning Commission, and/or City staff. pc: Kris Danielson Mark Vierling 4 SNOISLAail lZW.g Y.LOS3AWki '8170dY3NNIN 90C 3.11(1G CYOli 161 lag . 0N1 `SLI3gNIDN3 warm r 8 L791 XYd O09 (419) ilMOfid VIOS3NNIVY I SIFIDI3H N8Vd )IVO ANVd1A100 2ONVIMISNI '071 31111 1VI3IRAIWOD GNV I ANVd1N00 IS1181 (INV NNV8 0131AH3111 '&100 11AI:71:Id VIOS3NNIIN V '33NVITIV S3OIAU3S //COMB AT11VA :80d Agnans =10 91VOIA111130, L HieJON I'LEV 7 - ----- 311N3AV 8 HO N , 3; ■ LL1 0 loy‘ ow a-- • p 6 ■ James V. Lammers R.kert G. iarL Marl, .J. ierIin Gregory G. Galley* i II0MdS J. Weidner* S usan D. Olson. David K. Snyder Tanya E. Matti Ecberg, Lammers. Brigs. W0Iff & Vierling PL.L.P. Mr. Thomas Melena City Administrator City of oak Park Heights 14168 -5 7th Street North P.O. Box 2007 Oak Park Heights, MN 55082 Re: vS S A Subdivision Request Dear Mr. Melena: LAW OFFICES OF 1855 Northwestern Avenue Stillwater. Ainnesota 55082 (651) 459 -2878 FAX (651) , 1.39 -2925 Direct Dial No.: (65 1) 351 -2118 January 26, 2000 �.\ . ,: f auI A Lyle t1. EcIcher O f Counsel *Qualified Neutral , \rbstratOr & 'Icdiatnr `` +Qualif iied I ` Neutral -\rlitrd ## tnr *Certified Real Estate Specialist uahtred Neutral Mediator We have reviewed the proposed division as set forth in your con forwarded us on January 14, 2000 by Mr. Grover C. Sayre, HI of lands within the valley Senior Services project. After reviewing the documents enclosed and considering the impact of same on the established development agreements and permits already issued by the City of Oak Park Heights, we find that the council may in its discretion grant the minor subdivision request, but would recommend the following be included as part of any grant so issued: 1. An amendment to the planned unit development must be applied for and secured. The same will be the subject of a separate correspondence to be received from the City Planner. ? . That a written consent will have to be received from the City of Oak Park Heights by the proposed mortgagee acknowledging the priority of the City's development contract and agreement as it affects the valley Seniors project. Specifically, the mortgagee should be required to execute a consent and acknowledgment that the obligations of the developer to the City of Oak Park Heights have priority over the mortgage as proposed to be placed upon the property by the developer and the mortgagee, and that the mortgagee shall not do any act to obstruct, impair or otherwise limit the ability of the developer to fully perform all of its obligations to the City of Oak Park Heights under - the terms and conditions of the development agreement as originally executed and as may be subsequently amended between the City and the developer. EXHIBIT B ..Mimes 1 Lammers RoLert G. Bri Gregor G. Gaiter* Thomas • 1. Weidner* S usan D. also„. D avid K. St, v der T cltl. - a E..Matrr•rce LAW OFFICES OF Eck:ber Lammers. Bri Wolff VierIing P.L.L.P. Mr. Thomas Melena City Administrator City of Oak Park Heights 14168 .. 57th Street North P.O. Box 2007 Oak Park Heights, MN 55082 Re: VSSA Subdivision Request Dear Mr. Melena: 1855 Northwestern Avenue Stillwater. i 55082 (6 51) 459-2878 FAX (651) 459-2925 Direct Dial No.: (651) 351 -2118 January 26, 2000 1 a " 1 A. WY o 1 r f '- 019 -14- 1996) L :1. Eel,6erq Of Counsel *Qualified Neutral : \rLttrator & Mediator +Qualifies Neutral ;Arbitrator :*Certified Real Estate Specialist eQu al i f led Neutral Mediator We have reviewed the proposed division as set forth in your correspondence forwarded us on January 14,' 2000 by Mr. Grover C. Sayre, Ill of lands within the Valley Senior Services prod ect. After reviewing the documents enclosed and considering the impact of : same on the established development agreements and permits already issued by the City of Oak Park Heights, we find that the council may in its discretion grant the minor subdivision request, but would recommend the following be included as part of any grant so issued: 1. An amendment to the planned unit development must be applied for and secured. The same will be the subject of a separate correspondence to be received from the City Planner. . That a written consent will have to be received from the City of Oak Park Heights by the proposed mortgagee acknowledging the priority of the City's development contract and agreement as it affects the Valley Seniors project. Specifically, the required q mortgagee should be uired to execute a consent and acknowledgment that the obligations of the developer to the City of Oak Park Heights have priority over the mortgage as proposed to be placed upon the property by the developer and the mortgagee, and that the mortgagee shall not do any act to obstruct, impair or otherwise limit the ability of the developer to fully perform all of its obligations to the City of Oak Park Heights under the terms and conditions of the development agreement as originally executed and as may be subsequently amended between the City and the developer. EXHIBIT B January 26, 2000 Page 2 MJV /jp 3. That the mortgagee will also have to acknowledge that there are easements yet due to be conveyed to the City of Oak Park Heights in the form of roadway and some trail easements and potentially other park easements. That we will need the commitment from the proposed mortgagee that they understand that releases as against the mortgage or deed of indenture will be freely granted by that mortgagee on behalf of the property to release same to the City of Oak Park Heights so that proper recording of easements unencumbered by the mortgage can be implements "d. Further, it must be understood that there will be no fees or costs assessed to the City of Oak Park Heights by the mortgagee for those releases. 4. Further, it should be noted that final easement conveyance as it affects the established roadways should be completed before any subdivision should be allowed. 5.. The nature of the subdivision will have an impact on the building to be constructed across the property line. Those impacts will be addressed by the Building inspector upon permit application If you have any questions with regard to this, please el free to eon et me directly. cc: Scott Richards Kris Danielson M: k J. Vierling 1 14168 Oak Park Boulevard P.0, Box 2007 Oak Park Heights, M:Ni 55082 (651) 439 -4439 Fax: (651) 439 -0574 Owner: Type of Request(s) Zoning District Amendment Conditional Use Permit ; r; v �r �' . E,: C CITY OF OAK PARK I{EJG}ITS + DEVELOPMENT Please read each section carefully and answer all questions thoroughly. only complete applications will be accepted after validation by the City Administrator and prior to acceptance of required processing fees/deposits, Street ac n of Property: ____ Address: 3220 Lake Johanna Comprehensive Plan Amendment Description of Request( We request Base Fee: D D Pd. Escrow Amount: $150 Pd. Date Filed: Legal Description of Property (attached additional sheet if necessary): Lot 1, Block 2, Boutwell's Landing, according to the recorded plat thereof, Washington County. Name: Valle Senior Services Alliance Boulevard City: Arden Hills State: MN Zip: Telephone: (Horne ..._ (Business) (Fax) (other) Applicant (If other than owner): Name: Address: City: State: Zip: Telephone: (Horne ) (Business) (Fax) (other) 55112 Home Occupation Hone occupation: Minor Variance: Single Family Residential Site Plan Review Variance: Other Residential /Commereialandustrial PUD: Concept Plan Subdivision PUD: General Plan — Subdivision: Minor Street Vacation a minor subdivision for the above- described_jproper_ ty to enable us to obtain financing for construction of an assisted living building to be located on the subdivided parcel. EXHIBIT C If a request for p1annin zoning action on the subject site or any part thereof has been previously sought, please describe it below; What? Final Plat _Approval Given Where? Boutwell's Landing Plat Wan? 1999 Owner(s) Signature(s): Valli, Senior S ry By: Its: 4' Approved Denied lliance Applicaxnt(s) Signature(s): Valley Senior Services Alliance By: 5JSbandiShare orm evelopr ent Application Date: Date: Date: Date: by the City Council on this clay of The undersigned acknowledges that (s)hc understands that before this request can be considered andlar approved, all required information and fees, including any deposits, must be paid to the City and ifadditionc1fces are required to cover costs incurred by the City, the City Administrator has a right to require additional payment from one or more o f the undersigned, who shall be jointly and severely liable for such fees, Please refer to the attached fee schedule, made part of this application, The undersigned applicant further acknowledges and consents that all unpaid fees owing the Ci. o f Oak Park Heights shall be treated as unpaid utility fees and may be certified f or collection as with delinquent utility billings and may be assessed against the subject real property ro erty ffunpaid by October 3] of each ,year, An incomplete application will delay the processing and may necessitate a re- scheduling �.� of the review time frame, The application approval time line commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Sixty (60) Day Waiver: The City hereby notifies the applicant that development review m not be completed within the required 60 days due to public hearing requirements and agency therefore, the City is exercising an automatic 60 day extgnsiori for g � review,. there f development review Development review will be completed within 120 days unless additional review extensions are approved by the owner /applicant,.