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HomeMy WebLinkAbout06-09-2005 Planning Commission Meeting PacketI. Call to Order: II. Approval of Agenda III. Approve Minutes of May 12, 2005 (1) IV. De • . . ent Commis i• n Liais • n • they Re • orts: A. B. C. V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. Continued: Oakgreen Village: To consider requests for Site Plan Review and Planned Unit Development: Concept Plan for construction of townhomes, known as Oakgreen Village -- Phase I and located to north of 58 St. and west of Oakgreen Ave.. (2) B. Bahr Construction: To consider a request for a Conditional Use Permit, allowing relocation of an existing single - family detached home, from 11051 Stillwater Blvd., Lake Elmo to a vacant lot at 15403 58 St. N., Oak Park Heights. (3) C. Xcel Energy: To consider a request for a Conditional Use Permit Amendment, P City to Ci Ordinance 308.08, for land reclamation and grading to fill ditch for construction of short section of access road at Xcel Energy - A.S. King Plant, 1103 King Plant Rd. (4) VII. New Business: A. C. mmis i • n Vacan B. ' ashin VIII. Old Business: A. Central Business District Update & City Council Action (6) B. Commissioner John Dwyer Appointment Extension IX. Informational: A. Next Meeting: July 14, 2005 — Regular Meeting @ 7:00 p.m. B. Council Representative: June — Commissioner Oswald July — Commissioner Dwyer X. Adjournment CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, June 9, 2005 — 7:00 p.m. Commission Liaison: St. Croix Crossing Update: Other: Interviews and A 19 oun ' Tax Forfeited Land 0 ointment Recommendation ortuni .. on (5) CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, May 12, 2005 ENCLOSURE 1 Call To Order: Chair Dwyer called the meeting to order at 7:00 p.m. Present: Commissioners Liljegren, Oswald, Runk and was es cha. City Planner Richards, City Administrator Johnson and Commission Liaison McComber. Approval of Agenda: Vice Chair Runk, seconded by Commissioner Oswald, moved to approve the Agenda, as presented. Carried 5 -0. Approve Minutes of April 14, 2005: Chair Dwyer, seconded by Commissioner Liljegren, moved to approve the Minutes as amended. Carried 5 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison: Commission Liaison McComber noted that the Commissioners should have received the Government Training Service (G.T.S) brochure and encouraged them to partake in the educational offerings provided by G.T.S. McComber also noted that the City Council discussed the Central Business District at their May 10, 2005 meeting and scheduled a joint worksession with the Planning Commission to be held prior to the regular City Council meeting on May 24, 2005 at 5:30 p.m. She added that the matter is further down on the meeting agenda, where it would be discussed further. B. St. Croix Crossing Update: Commission Liaison McComber provided a brief update, and announced that the next Stakeholders Group meeting is scheduled for July 19, 2005 from 9:00 a.m. to 4:30 p.m. at Stillwater City Hall. C. Other: Visitors /Public Comment: Chair Dwyer explained to the audience that this portion of the agenda was made available to visitors who wished to address the Commission to items not on the current agenda and also pointed out that there was a viewing copy of the materials received by the Commission for the items on the meeting agenda for the evening. There being no visitors to the meeting, Chair Dwyer moved to the Public Hearings portion of the Agenda. Public Hearings: A. Oakgreen Village: To consider requests for Site Plan Review and Planned Unit Development: Concept Plan for construction of townhomes, known as Oakgreen Village — Phase I and located to north of 58th St. and west of Oakgreen Ave. City Planner Richards advised the Commission that based on the comments of the Planning Commission at their April meeting, the applicant requested the City Council take no action on the concept plan and asked that it be sent back to the Planning Commission, where he would provide a revised plan. Planning Commission Minutes May 12, 2005 Page 2 of 6 Richard further advised the Commission that the revised plan eliminate Nutmeg Ave and the second easterly access point onto 58th St. N. The number of units is also being reduced from 149 to 120 units. The rest of the plan is expected to remain unchanged. As the anticipated submittal materials were not received by the applicant, Richards recommended that the Commission open the public hearing, take public comment and then discuss and continue the hearing to their June meeting. Chair Dwyer opened the public hearing for comment. Tim Nolde -- Anchobaypro, Inc., introduced himself and noted that the proposed plan was prepared with consideration given to comments made at the April Planning Comnaission meeting and reviewed the differences between the current plan and the previously proposed one. Lisa Anderson —13991 60th St. Ct. N.: expressed het concern as to the 59th St. entrance being nearly connected with the Pondview driveway, encouraging use of the roadway for cut - through traffic. Chair Dwyer, seconded by Commissioner Liljegren, moved to continue the public hearing to June. Carried 5 -0. Commission discussion ensued as to private roadway system and the eventuality of street maintenance issues, Novak Ave. construction and 59th St. construction and cost. B. Ron Gullickson: To consider requests for garage Variance and Conditional Use Permit allowing a tri -plex residential dwelling in an R -2 residential zoning district, located at 5480 Stagecoach Trail, N. City Administrator Johnson advised the Commission that the applicant is seeking a Conditional Use Permit for a dwelling which is currently operating as a tri -plex, which is an illegal use to the property's R -2 zoning, which allows up to a duplex. Johnson added that the applicant is attempting to bring the property into compliance as a triplex and has been wor king to acquire additional property to the north of his, from Xcel Energy for possible expansion of the property use to a 4- plex. City Administrator Johnson noted that just prior to the meeting, he was notified by the applicant, that he and Xcel Energy had been able to connect and that Xcel Energy has expressed a willingness to sell him some additional land. In light of the events and to allow the applicant an opportunity to pursue a land purchase and revise his application for the 4-plex conditional use permit he desires, Johnson asked the Commission to consider continuing the public hearing to their June meeting rather than discuss the tri-plex request only to have the applicant return next month with a new application for the property. Chair Dwyer opened the public hearing for comment. There being no visitors to the public hearing, Vice Chair Runk, seconded by Commissioner Oswald, moved to continue the public hearing to June. Carried 5 -0. • • 1 • • Planning Commission Minutes May 12, 2005 Page 3 of 6 C. Pine Grove Gardens To consider requests for Concept and General Planned Unit Development (PID) and Rezoning from 0, open space to R -3, multiple family residential for construction of 26 residential units, within five townhome buildings, located south of 60th St. and East of Oakgreen Ave. N., to be known as Pine Grove Gardens. City Planner Richards informed the Commission that the City Council, at their April 12, 2005 meeting, voted to reconsider their March 29, 2005 denying approval of Pine Grove Gardens rezoning and Comprehensive Plan amendment and redirect the application to the Commission, allowing the applicant to redesign the plan in compliance with the R -3 zoning district requirements. Richard reviewed the May 5, 2005 planning report as to the requests, provided an issue analysis and discussed the same with the Commission. Chair Dwyer opened the public hearing and invited the applicant and those wishing to speak to the matter to address the Commission. Todd Erickson of Folz, Freeman, Erickson, Inc. — 5620 Memorial Ave. N. informed the Comarnission that comments to the project had been considered and applied to the overall layout of the current design plan. He reviewed the changes as noted within the planning report and noted that the developer would like to extend only the decks into the 30 -foot setback area and not the 4- season porches. As to the outlots, Mr. Erickson stated that the developer does not wish to turn it to the Homeowner's Association but prefers to maintain it as a separate lot for potential future use. City Administrator Johnson addressed the concern of the possibility of the outlot turning into tax forfeited status, which essentially turns it into a "no mans land" that the City would be expected to maintain, along with the pond for a private development. Mr. Erickson stated that the outlot is fairly large and that he fully expected to see it turn into another use rather than become a tax forfeit parcel. Greg Johnson of Oak Park Heights Development. LLC — 6750 Stillwater Blvd. N.: discussed exterior materials they propose to use on the development, which is a vinyl type composition that permits deep, rich colors and is of good quality. He noted that the material was in use at a project in Forest Lake and encouraged the Commission to visit the project. He suggested that he could also provide the commission with material samples. Todd Erickson of Folz, Freeman, Erickson, Inc. — 5620 Memorial Ave. N. discussed tree preservation and landscaping elements to the project. Both Mr. Erickson and Mr. Johnson indicated that they will work to comply with the requirements established to move the project forward and that they were anxious to begin. Lois Hall of Hall Family Chiropractic Clinic —13999 60th St. N.: sought clarification on the development location and expressed concern as to new development in the area, making her older business more vulnerable to roadway design change in relation to the potential MnDOT changes to the area in that her property would be less expensive to purchase than newer constructed property. Planning Commission Minutes May 12, 2005 Page 4 of 6 Richard Gacke -13964 56th St. N.: expressed concern that the driveway lengths and visitor parking spaces ratio proposed result in too little off - street parking. Mr. Gacke is also concerned about the number of trees being removed and would prefer to see larger, mature trees preserved rather than relocated to an outlot area, where future change is already being anticipated. City Planner Richards addressed the issues of driveway length, garage size; he noted typical vehicle sizes and referenced some standards used by other communities for driveway length. There being no other visitors to the public hearing, Vice Chair Runk, seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0. Commission discussion ensued as to the proposed street system, roadway widths, parking space requirements, privately owned versus publicly owned streets, decking setback encroachment, tree preservation, landscaping, land use and conditions of planning report. Vice Chair Runk, seconded by, Commissioner Oswald, moved to recommend City Council approval for Comprehensive Plan Amendment to Medium- Density Residential, Zoning Amendment to R -3, Multiple Family District excluding Outlot A, and Planned Unit Development Concept and General Plan approval, subject to the following conditions as amended from the May 5, 2005 Planning Report 1. The final plat shall be subject to any comments or requirements of the City Engineer and City Attorney. The City Attorney shall provide comment and provide a recommendation on the proposed separate developable parcel designated as an outlot, with recommendation to be included within the Development Agreement. • 2. The applicant shall be required to pay a cash park dedication fee based upon the requirements of Section 402.08 of the Subdivision Ordinance. The applicant shall provide the City with a property appraisal acceptable to the City Attorney. 3. The Planning Commission is agreeable to allow encroachments of decks into the required set backs as provided for on the concept /general plan. 4. The Police Chief and Fire Chief shall comment on the accessibility of the project for emergency vehicles. 5. The proposed trail locations and applicant's responsibility in construction costs shall be subject to review and approval by the City Council. 6. The applicant shall submit a snow removal plan that shall be subject to the review and approval of City staff. 7. The applicant shall provide updated grading, drainage and utility plans to the City reflecting the revised concept /general plan. All final grading, drainage and utility plans shall be subject to the review and approval of the City Public Works Director and City Engineer and review of the Middle St. Croix Watershed District. • • • Planning Commission Minutes May 12, 2005 Page 5 of 6 8. The applicant shall provide updated landscape and tree preservation plans to reflect the revised site plan. The final landscape plan and tree preservation plans are subject to review and approval of the City Arbotist. 9. The applicant shall provide a photometric plan for the project subject to City staff review and approval. 10. The Planning Commission is agreeable to the garage forward design and general architecture of the project. The building and siding materials should be steel, concrete masonry board, or an equivalent material approved by the City Council. 11. A development agreement shall be required subject to review and approval of the City Council and City Attorney. 12. The homeowner's documents and declarations shall be provided to the City Attorney for his review and approval. Carried 5 -0. New Business: A. Annual Meeting: Election of Chair and Vice Chair & Commission Vacancies City Administrator Johnson reminded the Commission that Commissioner Oswald announced his intention to resign at their April meeting and also agreed to stay on until his seat was filled. He noted that Chair Dwyer has completed two full terms on the Planning Commission and has served one term each in the capacity of Vice Chair and Chair. Johnson pointed out that Planning Commission Bylaws permit Dwyer a one-year term extension by City Council if so desired. At this point Johnson asked Dwyer if he desired to seek a term extension appointment Dwyer indicated that he would be open to a one -year extension if the City Council was willing. Vice Chair Runk, seconded by Commissioner Wasescha, moved to recommend that the City Council grant a one-year term extension to John Dwyer. Carried 4 -0 -1, Dwyer abstained. City Administrator Johnson noted that Commissioner Liljegren sought reappointment at their April meeting and that the Commission recommendation for reappointment to a second full term was sent to the May 10, 2005 City Council meeting and was approved. City Administrator Johnson stated that Commissioner Oswald would be on board through June, that Commissioner Wasescha is presently serving is his first full term and that Vice Chair Runk, if desired by the Commission and by virtue of the Planning Commission Bylaws, may be elected to serve as Chair or Vice Chair. Johnson noted that the issues at hand for the Annual Meeting and Election of Officers was to nominate and elected a Chair and Vice Chair, to direct advertisement of Commission Vacancy and to establish an application deadline and date and time for interview of applicants. Chair Dwyer, seconded by Commissioner Oswald, moved to nominate Vice Chair Runk to serve as Planning Commission Chair, commencing with the June meeting. Carried 4-0 -1, Runk abstained. Vice Chair Runk, seconded by C oimnis sioner Oswald, moved to nominate Commissioner Liljegren to serve as Planning Commission Vice Chair, commencing with the June meeting. Carried 4-0 -1, Liljegren abstained. Vice Chair Runk, seconded by Commissioner Liljegren, moved to direct advertisement of Planning Commission vacancy, with an application deadline of one week prior to the June Planning Commission meeting and further moved that interviews be conducted at 6:30 p.m., or 6:00 p.m. if number of applicants necessitate the earlier time, prior to the June Planning Commission meeting B. Central Business District Update Commission Liaison McComber noted City Council discussion of the Central Business District at their recent goal setting retreat and their May 10, 2005; where they placed the matter, for joint discussion with the Planning Commission, on their May 24, 2005 — 5:30 p.m. Wotksession Agenda for discussion as to what is desired for the area and to ensure that everyone is on the same page. Chair Dwyer expressed that he felt the Planning Commission and the City Council have not been on the same page on the issue and stated that he thought a joint meeting on the matter was a good idea in order to guide development of the area. Discussion ensued as to zero setbacks, design guidelines, what was desired for the area, what the purpose the area was to serve for the community, buffer areas, hybrid zoning, automotive /gasoline use for the area and related. The Commission agreed to accept joint worksession invitation from the City Council. Chair Dwyer indicated that he had a conflict with the date and time and would not be able to attend but that he would send comments along in his absence. Old Business: None. Planning Commission Minutes May 12, 2005 Page 6 of 6 Informational: A. Commission Vacancy: Applications are being accepted and will be accepted until June3 Interviews will be held at 6:30 p .m. on June 9, 2005. B. Next Meeting: June 9, 2005 7:00 p.m. -- Regular Meeting C. Council Representative: May — Commissioner Runk June -- Commissioner Oswald Adjournment: Commissioner Liljegren, seconded by Vice Chair Runk, moved to adjourn at 8:30 p.m. Carried 5 -0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Approved by the Planning Commission: • • • ENCLOSURE 'te NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.25 55 Facsimile: 763.231.2561 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 2, 2005 RE: Oak Park Heights — Oakgreen Village: Revised PUD Concept Plan FILE NO: 798.02 —04.17 BACKGROUND Tim Nolde, representing Anchobaypro, Inc. and Valley Senior Services Alliance (VSSA), has made application for a revised PUD concept plan approval for that area west of Oakgreen Avenue and north of 58 Street. The area under application at this time consists of approximately 11 acres and encompasses a significant portion of the Central Business District. The Ci ty approved a roved a PUD general plan and preliminarytfinal plat on March 9, 2004 for this area. A revised concept plan was reviewed by the Planning Commission at the April 14, 2005 meeting. This plan was not acceptable to the Planning Commission and was sent to the City Council with a recommendation of denial. The applicant has submitted the most recent plan that eliminates Nutmeg Avenue and the additional access to 58 Street. The total number of units has been decreased from 149 to 120 units. The development would be phased with a total of 79 in the first phase and the second with 41 townhome units near Oakgreen Avenue. Novak Avenue is proposed in its previous location. The applicant is requesting only concept plan review at this time. The Planning Commission had opened a public hearing at their May 12, 2005 meeting and continued the hearing and discussion to the June 9, 2005 meeting. Attached for reference: Exhibit 1: Oakgreen Village Concept Submittal Booklet Exhibit 2: City Council Resolution, March 9, 2004 Previous General Plan Approval • Exhibit 3: Oakgreen Village, Previous Approved Plans Exhibit 4: Oakgreen Village, Proposed Concept Plan, April 2005 ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: Present Zoning — Central Business District Present Use Highway 36 oriented commercial development, Undeveloped areas and the Xcei Energy power line easement South of Site: Present Zoning — 0, Open Space Present Use — The Boutwells Landing development and Undeveloped areas West of Site: Present Zoning — Central Business District Present Use — Undeveloped area, Wal -Mart and Highway 36 Oriented commercial development East of Site: Present Zoning -- Central Business District Present Use — Single family residences and Oakgreen Avenue Proposed Project: The project narrative for the site describes the project as follows: "The concept of this development is to create an attractive and affordable community for the City of Oak Park Heights, while preserving the more prominent natural areas on the site. The newly revised layout incorporates better circulation and creates additional open areas for the development." The general plan for the first phase of development in this area, approved in 2004, was for 87 townhome units. Those plans are included in Exhibit 3. The concept plan for the area included 203 overall units, 111 which were townhomes and 92 apartment units in two separate buildings. The concept plan encompassed the area south of the Xcel power line easement to 58 Street and from Novak Avenue to Oakgreen Avenue. The plan recommended for denial by the Planning Commission is found as Exhibit 4. The new plan includes 79 townhome units in the first phase. The second phase is the easterly edge of the property near Oakgreen Avenue. That phase would include 41 additional townhome units where Tax Increment Financing (TIF) will be applied to assist in acquiring the remaining existing homes. The applicant has proposed three different styles of building units in the development. The applicant plans to begin the first phase this year with site grading to be completed and the construction of Novak Avenue North. The ponding outiots for both the existing wetland and proposed pond would be completed. The first phase of buildings (Units 1- 15) would be started this year with the timing of the construction of the remaining units and private streets depending upon unit sales. The plans include right -of -way to be dedicated with the plat. The Planning Commission and City Council should discuss the need for and the timing of 59 Street as part of the discussions of the concept plan. 2 • Comprehensive Plan. The 1988 Comprehensive Plan designates this area north of 58 Street and west of Oakgreen as Central Business District. The Central Business District Urban Design Study designated this area for residential and a mixed use precinct similar to what has been proposed in this concept plan application. The residential area is concentrated on the east side of the site and is oriented around the existing wetland similar to the CBD Plan. Additionally, the CBD Plan called for small box commercial with residential development west of the proposed Novak. While not identical to the Central Business District Urban Design Study Master Plan, the current proposal is similar in general land uses for how the area would develop. Development interests have also shared plans with the City incorporating this area into a large commercial development. The City would need to revise its Comprehensive Plan to accommodate large scale commercial development in this area. Zoning. The City is currently in the process of considering the appropriate rezoning for the CBD that includes this area. The City may choose to leave the subject area zoned CBD or rezone the property to a general business district or to planned unit development to accommodate the residential use. This application was received before the City has made any changes to its Comprehensive Plan or zoning map. The new zoning will need to accommodate the residential development if the concept/general plan is accepted for this development. • The actual rezoning would not occur until the general plan of development is approved. The City will likely determine the fate of the CBD zoning and what will ultimately take its place prior to the general plan review of this project. Subdivision. A preliminary plat was not submitted with this application. The applicant will need to provide a preliminary plat for Planning Commission and City Council review as part of the general plan of development review. Park Dedication. Park dedication is based upon the specifications of Section 402.08 of the Subdivision Ordinance. The residential area to be platted would be subject to park dedication. The applicants have been advised that a property appraisal would need to be provided to calculate the park dedication amount. A small tot lot park is planned within the development that would be privately maintained by the association. The Subdivision Ordinance indicates that a credit for such areas can be granted by the City Council. This will be a policy decision of the City Council with input of the Planning Commission and Park Commission. CBD Standards. Section 401.301.E.6 of the Zoning Ordinance provides the CUP standards for allowing residential use in the CBD. The standards are as follows: Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided for on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. c. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.8. e. The development does not conflict with existing or potential future commercial uses and activities. f. The density standards imposed as part of the R -3 Zoning District are complied with. 9. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. 1. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. j. Residential and non - residential uses shall not be contained on the same floor. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. The Planning Commission and City Council will need to review these issues as part of the concept plan review. If the property is rezoned to PUD or left as CBD, the same general standards would apply. Project Density. Section 401.15.0.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Townhome projects require 4,000 square feet of land area per unit excluding right -of -way and wetlands. The phase one development consists of a total area of 532,687 square feet which excludes the wetland and right -of -way area. The 79 units planned for that area would result in an area p er unit of 6,743 square feet. The calculations for the second phase would result in an area per unit of 4,640 square feet. Proposed Street/Access. The plans indicate a different layout plan from the previous concept and general plans that have been reviewed by the City for this project. Novak Avenue North would remain in the same location to connect 58th Street with 60 Street (Highway 36 frontage road). Novak is provided an 80 foot/90 foot right -of --way with a 34 foot wide street that will widen at the 60 Street and 58 Street intersections to accommodate turn lanes. Nutmeg Avenue has been eliminated. Access will be primarily rimaril from a private street network. The Planning Commission has previously discussed the need to provide adequate separation between the residential uses in the east portion of the CBD and the commercial areas to the west. The City Engineer has indicated that 100 feet of right -of- way will give adequate area for significant boulevard tree plantings along Novak Avenue. Additionally, the applicant proposes to preserve the existing pine grove near 4 • the Novak Avenue/58 Street intersections and plant a screen of trees between Novak and the townhome units. The Planning Commission may want to comment further on the need for additional separation and landscaping or a center boulevard planting within Novak Avenue. The plans also include a 50 foot right -of -way dedication for Oakgreen Avenue as required by the City Engineer. This development, with the added traffic, will increase the need to improve Oakgreen Avenue with shoulders and turn lanes. Utilities will be placed within the Oakgreen Avenue right -of -way to serve this development. The City Council should consider timing for the Oakgreen Avenue improvements with construction of this development. The plans include dedication of 60 feet of right -of -way for a future 59"' Street. The Planning Commission and City Council should discuss this roadway and its necessity as part of the overall plans for this area. The City will require the right -of -way dedication to allow future roadway development. The City Council will need to make a policy decision as it relates to the private street network for this project. In the past, the City has not allowed significant private streets to serve as access to this number of housing units. The private roadways are proposed at a 24 foot width. Private driveways in McKean Square were allowed at 28 feet. The City Engineer recommends that the private roadways increase to 28 feet in width. • Temporary cul-de -sacs are proposed at the end of the private drives prior to construction of the second phase. The Fire Marshal and Police Chief should also review the plans to determine accessibility of emergency vehicles throughout the development. Private Driveways. The plans include the private roadways, most which are designed with a "thru" design. In the southwest comer of the site, 15 units are designed on a dead -end roadway with no turn around. The Police Chief, Fire Marshal, and City Engineer should comment on the dead -end design for this portion of the development. The plan has been revised to include 22 foot driveways between the front of the garage and the private driveway area. The City Engineer will require a 28 foot private roadway system. With the 22 foot driveways, the resulting design would significantly improve the accessibility and visibility issues for this development. Trails/Sidewalks. The plan includes an extensive system of private trails that would intersect with the City's trail system. A continuation of the eight foot trail along the )(eel power line easement is planned to extend to Novak Avenue. A five foot sidewalk is also planned on the City right -of -way on the north side of 58 Street. City staff recommends that the sidewalk not be connected, but end on either side of the wetland area, connecting to the private trails that surround the wetlands. The plans show a City sidewalk on the west side of Novak Avenue. The sidewalk will need to continue from 58 Street to 60 Street. The internal system of private sidewalks will provide access throughout the development and around the private park facility. The Park Commission should comment on the proposed private and public trail system that is planned for this development. Setbacks. Within a PUD, the base district setback requirements (CBD) are applied only to the perimeter of the project. The CBD requirements specify no front, rear, and side yard setback requirements. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance species that no building within the project shall be nearer to another building by one -half the sum of the building heights of the two buildings. With the exception of Unit 87 in the second phase, all of the perimeter setback requirements would be met. The applicant will provide additionsl information as part of the general plan review to determine if the building to building setback requirement will be met. The separation between Units 26 and 27 and 47 and 48 is only 20 feet each. Minor adjustments to the building setbacks may be required to comply with the PUD section of the Zoning Ordinance. Traffic. The applicant should provide projected vehicle count information for the proposed development. The City Engineer will require additional information and analysis of how the development will affect the traffic on Oakgreen Avenue and 58 Street, as well as the proposed Novak Avenue. The applicant should provide this information for Planning Commission review. Tree Preservation /Landscaping. The applicant has provided preliminary information on existing tree coverage and a landscape plan. The City Arborist will review the detailed tree preservation plans and landscape plans as part of general plan of development review. The existing conditions map indicates the tree masses that would be removed to accommodate the development. The new project will provide significantly more open space than the previous plans. The number of existing trees that are preserved are roughly the same as previous plans due to the intensity of the development. Park. The applicants have provided a small park area that would be owned and maintained by the homeowners association. More detailed plans of the park would be required for general plan of development review. Grading and Drainage. A drainage plan has been submitted with this proposal. The City Engineer will comment on any issues with the plan at concept plan stage. A grading plan has not been submitted but would be required before City Council review of the concept plan. Utilities. A utility plan has been submitted. The utility plans will be subject to City Engineer review and approval at the general plan of development stage. Parking. Two spaces within an enclosed garage are provided per unit. Fifty -seven guest parking spaces are proposed in various locations throughout the development. The plans also allow for 22 feet of driveway in front of each garage door. As indicated, this may be compatible if the private roadways are increased to 28 feet in width. Parking on one side of the street could be allowed on a 28 foot roadway. 6 • Development Contract The applicant will be required to enter into a development contract with the City should approval of the concept plan and general plan of development be granted. As part of the contract, the provisions for street and utility construction, as well as payment for area changes, would be included. The contract will specify conditions of approval and issues related to phasing the development. 110 Architectural Appearance. The application materials include preliminary drawings of the proposed townhome and four -plex units. The structures are basic townhome row units with small porches, varying roof lines with brick and lap siding. The four- plexes also have small porches and have lap siding. The Planning Commission and City Council should comment in general on these changes for the more complete review that will be done as part of the general plan of development review. RECOMMENDATION /CONCLUSION As part of its review, the Planning Commission should first look at the Comprehensive Plan and determine from the goals and plans what is the most appropriate development for this property. Previous plans have indicated a residential component of the CBD for this area, but commercial developments may also be appropriate. If residential use is preferred for this property, it should be noted that this is the last • large parcel in the City that will accommodate that type of development. The City should and can be selective in the type of development that it would allow there. The current plan provides significantly more open space and is less dense than previous plans. The primary issue may be the significant system of private roads that will be required for this plan. The Planning Commission may want to see a redesign with 28 foot roadways in the development. This could impact building placement and slightly change the concept plan. If the Planning Commission is favorable to the concept plan, it could be recommended to the City Council with the following conditions: 1. A preliminary plat is submitted as part of the general plan of development. 2. The applicant provide a property appraisal, acceptable to the City Attorney to calculate park dedication. 3. The Planning Commission, Park Commission, and City Council comment on the small tot lot park and if credit for park dedication shall be granted. 4. The plat shall dedicate right -of -way for Novak Avenue, 59 Street, and Oakgreen Avenue as required by the City Engineer and City Attorney. 5. The Planning Commission and City Council should comment on the design of Novak Avenue including screening, landscaping and boulevards that may be required. 6. The Planning Commission and City Council should comment on the acceptability of the private street network for this development. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The private drives on the concept plan shall be increased to 28 feet in width for City Council review. 9. The Park Commission should comment on the proposed private and public trail system. 10. All required setbacks to conform with zoning and wetland ordinance requirements shall be incorporated in the general plan of development. 11. The applicant shall . provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 13. Detailed park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 16. The Planning Commission and City Council should comment on the need for upgrades to Oakgreen Avenue as part of this development. 8 • f:4 z r o P4s O L5) W z 3 Lari) olowi likli J 1%1%4 Ii.... ) lilli cti 0111111111111h 'ae Q) ii.4 iftki • ift4 Q., 4) � Q) Z Cr) ,'ftS: (1111) rz, 4•4 N ( 11) • 4Z * -,, C44 CL) � L 4 , k . ■ 1 1 1 4 I I I j o " 1 4 4 \ % . d e m • s k (Iii ' t 1 a I Id • • 4-4 rT 0 45 45 0 4--- cr) co "0 .L: c7) (D a) a) c 09 c cn •• c :...-7.; ( a. ) ai 0) 0 U) > CL D Ci3 CO — . C = ... C (1) 15 C DO :3 '*... 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J p o 7 } EINEM ■IEMEN •■• ••• • •■I M INIM MI ■ -■ ■ -■' MIME ■ ■■ ■ -■ ■ - ■ . •■■' ■ -■ •■• ••■ ■ -■ •■• ■ - ■ , ••■', ••■ •■• ••• •-• ■ •• •■• I ■ -■ ••■I ••1 ■ ■■ VS SA `dlOS3NNIW `S1HD13H Nbdd N`d0 HflJON DV11IA N3E'1VO 0_0 4 J p J z } • ■• 1 m■i • . -i _ U m 1 • • • follows, to wit: and and C RESOLUTION NO. CITY COIINCII, CITY OF OAK PARK HEIGHTS WASHINGTON COIINTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COIJNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE FOR PLANNED UNIT DEVELOPMENT GENERAL PLAN PRELIMINARY/FINAL PLAT APPROVAL FOR THE AREA NORTH OF 58 STREET AND WEST OF OAKGREEN AVENUE, KNOWN AS OAKGREEN VILLAGE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak aark *eights -ias reserve a request from Valley Senior Services Alliance for planned unit development general plan and preliminary /final, plat approval for the area north of 58th Street and west of Oakgreen Avenue, known as Oakgreen akgr een Village, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The site is zoned CBD, Central Business District and a planned unit development general plan and preliminary/final plat approval is required for the project; and 4. The City staff prepared a memorandum dated December 31, 2003 reviewing the request; and 5. The memorandum from City staff recommended that the request be approved with conditions; and EXHIBIT 2 r • 6. The Planning Commission held a public hearing at their January 8, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applicant be approved subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY P ULE CITY COUNCIL FOR ilikl CITY OF OAK PARK HEIGHTS THAT Ti E CITY COUNCIL APPROVES. THE FOLLOWING: A The application submitted by Valley Senior Services Alliance for planned unit development general plan and preliminary/final plat approval for the area north of 58t` Street and west of Oakgreen Avenue, known as Oakgreen Village, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of Oak Park Heights subject to the following conditions: 1. The preliminary/final plat is subject to review and approval by the City Engineer and City Attorney. 2. The final plat must be revised to include additional right -of -way, as determined by the City y Engineer, for turn lanes at the intersections of 58 th Street North with Oakgreen Avenue North, Nutmeg Boulevard, and Novak Avenue North. 3. Proposed street right -of -way widths, avement widths, and intersection designs ar p gn are subject to City Engineer review and approval. 4. The proposed "drop off lane" in the public street right -of -way in front of the apartment building on Nutmeg Boulevard is subject to Public Works Director review and approval. 5. The applicant must comply with Xcel Energy's requirements, as specified in a March 26, 2003 letter to Todd Erickson from Xcel Energy, for construction of a and within the Xcel el Energy easement. The applicant shall resubmit the development plans to Xcel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be -�Y provided to the City. 6. On the final plat, Nutmeg Street North must be changed to Nutmeg Boulevard subject to review and approval of the City Engineer and Washington County. 7. The applicant must either give the area for 59 Street to the City in fee without credit toward park dedication requirements, or language must be included in the development contract with the applicant that the City reserves the option for taking an 80 foot - wide right - of - way for 59 Street in the future without payment to the owner. The right -of -way dedication or option shall be approved by the City Attorney and included in the development agreement. • 2 • r • 8. Prior to the issuance of any grading permit, all existing wells must be identified, capped and abandoned in conformance with Minnesota Rules. 9. If the house at 5830 Oakgreen Avenue North, on the subject property, continues to be occupied after construction begins in that area, an acceptable sewage disposal solution must be provided subject to review and approval of the City Engineer. 10. If the townhomes east of Nutmeg Avenue are constructed before the apartments, the applicant must continue the sidewalk to provide a connection to Oakgreen Avenue North at the time that the townhomes are constructed, 11. Sidewalks and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The sidewalks shall be included as Plan A improvements as part of the development agreement. The final location of the sidewalk/trail on 58 Street shall be addressed in the development agreement. The 58 Street sidewalkltrail shall be paid for by the developer, including a reasonable escrow deposit for five years of maintenance if such location is determined to be in the City right -of -way. 12. The Park Commission recommends a cash park dedication for Oakgreen Village North. Park dedication must be paid at the time of recording of the final plat. The specific terms of the dedication will be addressed in the development agreement. • 13. The submitted photometric plan is subject to the review and approval of City staff. A revised lighting plan, incorporating standard City street lighting, shall be submitted subject to City staff review and approval. The City Council shall determine who will pay for fixture installation, maintenance and operating costs. 14. The site plan does not include lights on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 15. If signage is proposed, a plan and details must be submitted for City review and approval. Two monument signs shall be allowed for the development, subject to final review and compliance with the City's Sign Ordinance. 16. The landscape plan must be revised to comply with the City Arborist's recommendations found in a report dated December 28, 2003. The revised plan is subject to City Arborist review and approval. 17. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the applicable watershed authority. 18. The proposed vinyl lap siding must be changed to steel or Hardiboard lap siding subject to final review and approval of the City Planner. 19. The applicant shall dedicate the wetland area north of 58 Street (Outlot IT) to the City. 20. The applicant is required to enter into a development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 21. The site plans are subject to review and approval of the City Fire Inspector. 22. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 23. The former Stillwater Auto Salvage Yard, located to the west of the proposed Novak Avenue, shall be "cleaned up" including removal of all automobiles and hazardous waste, fences, and buildings as described in a plan to be provided by the applicant and approved by City staff The cleanup of the property shall be completed prior to the issuance of any building permit, but no later than August 1, 2004. 2004. ATTEST: Approved by the City Council of the City of Oak Park Heights this 9th day of March Eric A. Johnson, City Administrator David Beaudet, Mayor 4 r-T4 -t! 0.1 Il- ..L' -rnrrrri■i 1 I f .' .' f r ii i i 1 1 1 1 i i o 1 a 0 1 Ra u 1 oc W ss 8 0 w� T • .114111031W0 .130d 0 a i a c 1 A; MIN *0 FA N7, • ...! ■ 111 PA WailagaiteK 4114141i1a. I X ihi. VS.N. NIX%N. , X‘k‘,.. AINNI N vs gsvolomN lnknt.Istt' p eINsi NI 6.--1hk...- 4.4.411kqe hi .1.■■■■* .15 c■ONNs. a MINI,,ITC, INItte.1§i,■. %IL 1 .■ .‘7. 1 i*. NI4Ftriii 1 Z.4.11,'VIZZ.,. Nht iz.'-grA -: ZWItleX '‘,-"MaI.X.:71 11 :01 - 1. :17 lv: \ INN EN le*NIN 1 V 'I q -(*- 3 NNS N SIN a . 1101011■M il. '4 " hAlkt■ NA." ,.. A IL .§ii. '. Itt e tt ■ ,..kit, A . _,■,.......,11■,-,..... ,e- it , V IVN " q1 1 4 1' N rK ONS 1 a fF -Nl i, (tN ANkili ' ,7 4 kbt 1 . SIN. h2 )t+:-; ‘..-.;StN4t), o..-9:4'k 1 ssi,k-.11Firom ig i . t 11 I,■■ ..?\, k:vbikk, Os MAO ''' S 1 44 ■i 4_ ki.a.,41 —1 kiLIN..• 4.:....::4-14 .....1 . Ntta...." •.' ,.... " - .7 '.. 4 ' " 1..... ""''' 1 4 , L.. t 1 1-. 71■6', - )k•,_ *:1 ''Skiise. \''.■ b2, kl t RIVIAMIS NOKITTe- L limo 114 ABS k l i M W M 1 I O W. A 0 C I NT 3 1, ■ . .. NO 0 Kih. h.. latzli-L. mak .. ., -1"0-Ft4iSVIZ.u,\ • PLANNING REPORT TO: Eric Johnson FROM: Dan Petrik/Scott Richards DATE: May 26, 2005 RE: Oak Park Heights — Conditional Use Permit for Bahr Construction to move one house 15431 58 Street North. FILE NO: 798.02 — 05.05 BACKGROUND The applicant, Rodney Bahr, has requested a conditional use permit to allow for an existing detached single family home to be relocated onto a vacant lot at 15403 58 Street North. The lot is within the R-1 District, Single Family Residential. The applicant relocated a house onto 4.1 the adjacent lot to the east (15431 58 Street North) last year. The current relocation application is expected to be similar to the one completed last year. Attached for reference: exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: ISSUES ANALYSIS ENCLOSURE. 3 t A S} i NiS,. f '*.' .c: � 'L �• vrL pis' 1 .1' • N O R !HWES ' IL• � ' .d f 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763,231.2561 planners @nacplartining.com Site and Landscape Plan Grading Plan Utility Plan Building Foundation Plan Comprehensive Plan - The Comprehensive Plan Land Use Map designates the lot for single family residential use. The Village neighborhood containing the lot is an older area of mostly one and two-story homes. Immediately across the street from the vacant lot are two single- story homes dating from the 1950s and 1960s. Many of the trees located on the west edge of the property will be preserved. Zoning - The zoning map designates the lot as R -1, Single - Family Residential. The lot and site plan meet the following requirements for this district: minimum lot size - 10,400 square feet, minimum lot width of 80 feet, front setback of 30 feet, side setback of 10 feet and rear setback of 30 feet. Comment: The neighborhood consists of mostly one and two-story residential structures of mixed age and style. The proposed house is a one -story home with attached • garage and will not be at variance with the existing neighborhood character. c. The relocated house will not result in a depreciation of neighborhood or adjacent property values. Comment: The lot is currently vacant. The proposed house will have a new foundation garage and will be an improvement to the lot and surrounding houses. d. The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the City Assessor. Comment: The estimated market values of houses in the village area range from $115,400 to $168,6f30. The house to be relocated is similar in style and age to that which was relocated to the adjacent parcel last year. Like the previous relocated structure, this one is anticipated to have a higher market value than surrounding homes. Occupancy - The relocated structure shall be ready for occupancy within eight (8) months from the date of location on the site. Comment: The applicant will be required to complete the project within eight rrionths. Performance Security A performance security shall be provided to the City as specified in Section 401.08 of the Ordinance. Comment: The applicant will be required to provide the specified security. . CONCLUSIONSIRECOMMENDATIONS The relocated house will be a positive addition to the lot and neighborhood at 58"' Street North. Based on the issues outlined in this report, staff recommends approval of the requested conditional use subject to the following conditions. 1. Upon relocation and additional construction, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security of $5,000 is to be provided to the City as specified in Section 401.08 of the Ordinance. 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 3 4. A site plan showing an enhanced landscape plan is provided and approved by the City • Arborist. • • 5. Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads. 7. Review and approval from Excel Energy concerning clearance for movement beneath power tines. 8. Approval of the City Engineer for utility connections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for this property. 11.Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 12.Applicarrt shall secure a licensed environmentsl specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and/or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. 13. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance under significant trees over the ROW. Such plan shall also require pre - approval by the Chief of Police. pc: Julie Hultman • 'd 0N hN uz � 286 Z Ov Z �.. W - � w W c z � Q co °" trl m 'Q 0 I 1 rr.A 4 ,7t „Oil,' j o1 I bL 1.;61 114WS aNatrtig -- '3AV 113113d Z I 1 %It" ; • i I 1 to 1 1 �i � i +,.4 r I I d'' d'' I \ / I L ''''''.= .."'"== :-.'''...h-7--- ..._I •• i I I 1 i 3 • iTZ4- r O JA1OS_- ' - -1, l 1 gi r tli . ks). 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ASODOSICN SOR.V106, SFkALL. NOT'S MELD UAW ronAN (URRAILS. AU. BRAE[. COMPLY WITtf ALL APPLICADLE STATe AND LOCAL COMM DO NOTSOALe DRAWINGS. %SS ONLy TH6 PRJNT7lD DIMONSWNS. W1T1tTM6 WINDOW MANWACTIANSWALL. 1MMDOW SILis AND AP7•l.ICA1L6 CARESS RE@NIRBMENrs. ALL. 1MMONSIOF SA*t TAg8H P��NA STUDS OF A ftDO� tl�dkly DIMONSION OF L.PC/4TIONS g )• S' t s)) � 6� oNAcol . CON RAtroTRSFb1LLveRwy ALL McCHANICAL. AND 61.10T ieJoAL R.6�N1R mwrrS AND CLIWARJN CSS. COQ HALL. Vilintry ALL DTs 541-05 c.op AMTMOR.I.Z16D Sy: Desenr lloN Of Ct+AN45 MEMO City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 * Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 June 3 2005 Summary: • TO: Planning Commission Members FROM: Eric Johnson, City Achninistrator RE: Xcel Energy -- Fill Permit CUP Request -- Road Construction Xcel Energy has submitted a plan to construct a new roadway near their northerly entrance, please see Exhibit 1- the area is zoned Industrial. The purpose of this new roadway is to better facilitate the movement of material and personnel between the main power plant area and the "lay down" area lying to the north without being encumbered by railroad tracks and the coal trains that can stack across their current drives denying them access to the lay down area. The lay down area is utilized to store equipment and will eventually hold a 4,000 square foot warehouse -type facility. . . Exhibit 2: Shows the current site conditions Exhibit 3: Shows the proposed roadway Exhibit 4: A discussion of the tree replacement between City Arborist Kathy Widin and Xcel Staff Karen Sharappo. Exhibit 5: Xcel Submittal Letter -- dated May 31s 2005 Upon review of the submitted information, there appears not to be any detrimental social, economic or environmental impacts; and that Staff recommends that the Conditional Use Permit be approved as requested by the applicant with the following conditions: 1. Xcel Energy must provide a specific wetland inventory / wetland-survey as well as a "Notice of Wetland Conservation Act Decision" which must state that the wetlands, (if any) that are to be filled in, are "incidental" and not naturally occurring wetlands; Or the Notice of Wetland Conservation Act Decision must make an alternate determination that the wetlands are subject to wetland restrictions and Xcel Energy shall submit for City review a full wetland inventory and remediation plan for review. Xcel must then implement such plan with conditions as specified by the City Engineer prior to the commencement of any roadway construction activities. 2. Final drainage plans and design shall be subject to the final review and approval of the City Engineer. 3. Xcel Energy shall submit drainage plans to the Middle St. Croix Water Management Organization for final review, once comments are provided Xcel may then potentially proceed. Comments received shall be pro vided to the City prior to the. commencement of roadway construction ENCLOSURE END. 4. Xcel Energy shall submit drainage plans to Minnesota DNR, Ms. Molly Shodeen for review, once comments are provided Xcel may then potentially proceed. Comments received shall be provided to the City. 5. Prior to roadway construction Xcel Energy pay the City the required tree replacement fee, as calculated by City Arborist Kathy Widin, of $2,000. 6. Barbed -wire must be eliminated from the proposed gate /fence. 1 . . MIMINIMOSION CO co 0 Hl N 0 w 0 z W w t3 1 ' 6 , I1lIfI 111 ^ llll I 1 111 1 i// / / /// I III I I ,-/ /// / R� / / lN 1 11 1111114/m (11\ 11►► ► ►, I ! _ I li , /l /r / ► l ...-- - --I dt / / / / / Z.. . / .y. 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Q l!1 sssssssss1IIN0IS30*$$$*S**$ sssSSS31VOASs *a ** ** ** s3HilASSSSSSs 11 N 9 N Graham, Jared J From: Sarappo, Sharon A Sent: Friday, May 27, 2005 8:26 AM To: Girtz, Russell Subject: FW: FW: Trees to be Removed at King Plant OMMOMmimmalimmummlimMil I met with Kathy on May 19 and let her know that our preference is to provide Oak Park Heights with a check for tree replacement rather than re -plant trees on the King Plant site. I provided Kathy with a map of the area where the trees are to be removed. Original Message From: kdwidin @comcast.net [mailto:kdwidin @comcast.net] Sent: Monday, May 16, 2005 3:19 PM To: Sarappo, Sharon A Subject: Re: FW: Trees to be Removed at King Plant EKHIBUT Sharon - Thanks for sending me this information. Yes, this is sufficient for the project and I do not need to make a site visit. Is Xcel planning to plant new trees on the site? I thought that is what they did for the last tree removal at the King plant rather than sending the city a check for replacement trees. The city would probably prefer re- planting by Xcel on site or even planting the replacement trees near the 58th St. cul -de- sac by the ash landfill. Let me know what they would like to do. Kathy Widin Arborist City of Oak Park Heights > Kathy, > I am forwarding this e -mail to you for your review. Do you need a site visit of > the area, or is the information I am providing sufficient to comply with the Oak > Park Heights tree ordinance. Please let me know. > > Original Message > > From: Sarappo, Sharon A > > Sent: Friday, April 29, 2005 8:32 AM > > To: New, Nick (UE) > > Cc: Girtz, Russell > > Subject: Trees to be Removed at King Plant > > > > Nick, > > I completed a survey of the tree removal area on the King Plant site on April > 25, 2005. According to the City of Oak Park Heights tree ordinance # 1307 a > significant tree (Section 1307.030) is "A healthy deciduous tree measuring at > least 8 inches dbh (54 inches above the ground), or a healthy coniferous tree at > least 10 feet in height..." This changes to 4 inches for oak and ironwood, and > 2 inches for pagoda dogwood or serviceberry. Cottonwood and silver maple are > significant at 12 inches dbh or greater when growing near a river, but 20 inches > at upland sites. Box elder, buckthorn and Siberian elm are not significant at > any size. > > Based on the definition outlined above, the following trees, which will be > removed for the new road between the laydown area and the coal pile, are > considered significant: > > > > green ash - 11" dbh 410 > black willow - 12" dbh, 10.5" dbh, 12" dbh, 9" dbh, 13" dbh, 10" dbh, il" dbh, > 10" dbh, 14" dbh > > > > All the aspen in this area are diseased and are, therefore, not under > consideration. > > The two scotch pine to be removed are too small ( under 10 feet tall) and are 1 > not considered significant. > > The Ordinance requires replacement of one new tree for every two significant > trees. The replacement trees must be 2.5 inches in diameter and cost roughly > $400/each. We need to replace the significant trees with a total of 5 new trees > at $400/each for a total cost of $2000. The check should be payable to the City > of Oak Park Heights > > I believe that Byron Nordell is handling the payment to the City for tree > removal. > > Please call me if you have any questions or need anything further. > > > > Sharon Sarappo > > Senior Environmental Analyst > > Xcel Energy > > (612) 330-6743 > > > > > > 2 XceIEnergy May 31, 2005 Mr. Eric Johnson City Administrator Oak Park Heights, MN 55330 RE: Road Construction and Installation Dear Mr. Johnson: In response to you letter dated May 20, 2005 enclosed are our responses. Expostr 5 1. Attached are 3 full size and 20 11x17 copies requested topographical drawings. These show the proposed road alignment and road cross - section. 2. We have completed a tree survey in the impacted area and found the following: a. 1 green ash - 11" dbh b. 9 black willow -- (12" dbh, 10.5" dbh, 12" dbh, 9" dbh, 13" dbh, 10" dbh, 11" dbh, 10" dbh, 14" dbh) c. All the aspen in this area are diseased. d. The two scotch pine to be removed are under 10 feet tall. Xcel Energy will calculate the value of these trees per the Ordinance and will submit payment after the trees are removed. This information was discussed with the City Arborist. An e-mail is attached that documents the communication. 3. We are currently assessing the area impacted by this change as related to the Wetlands Conservation Act. We will submit the determination at a later date. Thank you for your attention to this matter. Sincerely, 9&%4A- Russ Girtz Engineering Manager King Rehabilitation Project ashin • • • May 3, 2005 Tom Melena Oak Park Heights City Hall PO Box 2007 Oak Park Heights, MN 55082 Dear Mr. Melena, Becka Ault Tax Accounting & Research If you have any question, please feel free to contact me at 430 -6167. Assessment, Taxpayer Services and Elections Department ENCLOSURE Enclosed is a classification listing of non - conservation land located in your city. The parcels described in the listing Forfeited to the State of Minnesota for non - payment of property taxes. As required under M.S. 282.01, we request that you approve the parcel(s) for public auction or request conveyance to your city for public use. We require a certified copy of the City Council Resolution authorizing any action taken. If you request that a parcel be conveyed to your city, you must also complete the form "Application by a Governmental Subdivision for Conveyance of Tax - Forfeited Land" and mail it to this office. This application will be contingent upon DNR's approval of the classification and sale or repurchase by a prior owner. The enclosed list does not indicate parcel(s) with special assessments. Please review this list and indicate any amounts involved that are not listed on this notice. Special assessments that were canceled at forfeiture will be paid to you out of the proceeds of the sale of the property to the extent that funding is available. Special assessments that were levied after the forfeiture should be certified to this office on the list provided. They will be the appraised value and paid from the sate price. Please be advised that, if the City Council fails to respond within sixty (60) days of the date of this letter, the sale will be deemed approved. Government Center • 14949 62nd Street North P.O. Box 6, Stillwater, Minnesota 55082 -0006 Phone: 651 -430 -6175 • Fax: 651 -430 -6178 • TTY: 651- 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action MAP NO. #1 CITY Oak Park Heights 2005 AUCTION LIST April 29, 2005 PARCEL ID NUMBER 34.030.20.31.0116 8/21/1990 DATE OF BUILDING OR FORFEITURE VACANT LAND Vacant Land • • tio ..1 • R21 W R2OW R19W R22W R21W R2OW Vicinity Map 278 Scale in Feet This dram g M tln mull at • ao mpidion and npoduelion of land mends as Only appear in wAsus Washington County Aces. The dewing should ea used Ire rafoona purposes any. WaahMgla+ County is nal nisponsibls for any inane racha. Swig: Wasting. Conway Swva . Mx Phony (est) 4304275 Penal data based on N2400 idonmdbn anent thee.* Mardi 31. 2005 Mali prinlaet May 2. 2025 • • does ordain: CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A MORATORIUM UPON CERTAIN LANDS WITHIlN THE CITY OF OAK PARK HEIGHTS UNTIL SEPTEMBER 13, 2005 AFFECTING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT LOCATION, BUILDING OR LOCATION OF ANY STRUCTURES PENDING STUDY AND AMENDMENT TO CHAPTER 400 AND SECTION 401 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS DEALING WITH ME POSSIBLE MDDIFICATION TO THE CENTRAL BUSINESS DISTRICT OVER LANDS NOW ZONED AS "CBD" WITHIN TEE CITY OF OAK PARK HEIGHTS The City Council for the City of Oak Park Heights, Washington County, Minnesota Section 1. Moratorium. ORDINANCE NO. 2005- PREAMBLE IVOLOS1.tRE SECTION A. There is a need to study the existing zoning structure of the City of Oak Park Heights so as to address the location, development, construction and reconstruction of properties within the Central Business District of the City and to determine these and other issues and to realistically assess the manner of regulatory controls that may be needed to be adopted by the City of Oak Park Heights affecting the location of a central business district within the City to provide for the public health, safety and welfare of all individuals and to assure that current planning is adequately addressed within the central business district The City Council for the City of Oak Park Heights will be studying all such related issues and has directed the City Planner to conduct sriidies and provide a report to the City Council on the issues affecting the central business district, its zone, uses and options to better assess use issues in those areas now zoned "CBD ". Additional time is required, however, for this purpose before proposals for amendments to the City Zoning regulations can be prepared and considered by the City Council and the public within hearings called for specifically on those purposes. DRAFT The City, therefore, finds that a moratorium is required to protect the planning process and to prevent the construction within certain designated areas of the City of improvements, facilities, or other structures under circumstances as would be detrimental to the proposed present or future owners of the said property and as it affects the future or present uses within the central business district. The City further finds that it is necessary to preserve within this process lands as now situated and to provide for reasonable studies in consideration of implementation of the central business district and extensions of the boundaries of same. At the present time, the necessary study period in the implementation is anticipated to be able to be completed by September 13, 2005. SECTION E. Moratorium Established and Scope. 1. In accordance with the findings set forth within the Preamble of this ordinance and pursuant to the authority of Minn. Stat. §462.355, Subd. 4 there is hereby established a moratorium on the location, construction, development, erection or placement or reconstruction or enlargement of any facilities, buildings or structures within that portion of the City of Oak Park Heights defined below and on future development or use of said property for all such purposes. 2. During the period of time of the moratorium application for final site and building plan approvals, building permits and all other permits and approvals related to such work shall not be acs: epted' by the City, neither the City Planner nor the City Council shall consider grant or approval of any such application required for such work and no building permits for such work shall be issued. SECTION C. Applicability. The moratorium shall be applied upon real property assigned and zoned within the central business district identified in the annexed Exhibit 1, the same being incorporated by reference herein. SECTION D. Exceptions. The moratorium shall not apply to (1) the lawful use of an existing structure; (2) the repair or maintenance of any existing facility or structure provided that the work does not enlarge or expand same; (3) work upon any facility or siructure necessary to preserve the health, safety, life or property in the face of an emergency; and (4) construction location development of any facility or structure which has received all necessary permits and approvals from the City of Oak Park Heights prior to the effective date of this ordinance. SECTION E. Section E Penalty. Any person, corporation or other entity that constructs, erects, reconstructs, enlarges or locates or expands a structure facility in violation of this section shall be guilty of a misdemeanor and shall be subject to any legal and/or equitable remedies available to the City of Oak Park Heights. • • Section 2. Effective Date. This Ordinance shall be in full force and effect from and • • • after its passage and publication according to law and shall remain effective until September 13, 2005 unless further extended by order of the City Council. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 14th day of ruse, 2005. Attest: Eric Johnson, City Administrator CITY OF OAK PARK HEIGHTS B David Beaudet, Mayor