HomeMy WebLinkAbout2020-09-08 PUD Amendment Document To City Attorney for RecordingNOTICE OF CERTIFICATION
STATE OF MINNESOTA }
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Amended Planned Unit Development
And
Conditional Use Permit
For
Lots 7, 8 & 9, Palmer Station
(Front Yard Setback)
Located At
5606, 5573 & 5607 Oak Cove N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park H5*ts, this Sth day of
September, 2020.
rohnson _ n
Administrator
CITY OF OAK PARK HEIGHTS
AMENDED PLANNED UNITED DEVELOPMENT AND
CONDITIONAL USE PERMIT FOR
LOTS 7, 8, 9, PALMER STATION
Planners File No. 236.02 -20.06 Date of Amendment: July
28, 2020
Amends PUD and CUP issued: July 24, 2014
Legal Descriptions: (Washington County Parcel ID Nos.: 04.029.20.23.0097;
04.029.20.23.0098; 04.029.20.23.0099)
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTIONS OF PARCELS
Owner: Creative Homes, Inc., 707 Commerce Dr. #410, Woodbury, MN 55125
Applicant: Olivia Gavic, representing Creative Homes, Inc., 707 Commerce Dr.
#410, Woodbury, MN 55125
Site Addresses: 5606 Oak Cove North, Oak Park Heights, MN 55082
5573 Oak Cove North, Oak Park Heights, MN 55082
5609 Oak Cove North, Oak Park Heights, MN 55082
Present Zoning District: R-1 Residential District
Permitted uses set forth in Ordinance 401 Section 401.22.B.
L AMENDED PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE
PERMIT: On or about July 24, 2014, the City of Oak Park Heights (hereinafter: the
"City") granted a Planned Unit Development ("PUD") and Conditional Use Permit
("CUP") to Creative Homes, Inc. (hereinafter: the "Applicant") for a thirteen (I3) lot
subdivision of the Palmer property, located at 5625 Oakgreen Avenue North.
Conditions for the PUD and CUP are articulated in the permit issued by the City.
On July 28, 2020, Applicant came before the City Council, to request amendment of
the PUD and CUP previously issued by the City in regard to Lots 7, 8, and 9 of
Palmer Station, legally described in attached Exhibit A and located at the above-
named site addresses. Applicant requests the City amend the previously issued PUD
and CUP to allow for a reduced front yard setback for Lots 7, 8, and 9, from 30 feet to
20 feet. Applicant's requested 20 -foot front yard setback will allow for the
preservation of a mature maple tree, allow for larger back yards, and keep the homes
to be built on Lots 7, 8, and 9 more in line with existing homes on Oak Cove North.
A public hearing was held before the City's Planning Commission on July 23, 2020.
The Planning Commission received comments from the Applicant and the public,
closed the public hearing, and recommended approved of the amended PUD and
CUP, with conditions.
On July 28, 2020, the City Council approved the amendment of the PUD and CUP to
allow for a reduction in the required minimum front yard setback to 20 feet for Lots
7, 8, and 9 Palmer Station, located respectively at 5606, 5573, and 5609 Oak Cove
North, Oak Park Heights, MN 55082, subject to the following conditions and/or
restrictions imposed by the July 28, 2020 Resolution of the City Council of the City
of Oak Park Heights, which are as follows:
1. The final grading and drainage for the three lots shall be subject to review and
approval of the City Engineer; and,
2. Any other conditions of the Planning Commission, City Council, and City staff
and all previously issued approvals and conditions remain in -force.
IL Reference Attachment: The City Planner's reports prepared by City staff, dated July
16, 2020, are annexed hereto by reference as "Exhibit B".
M. Abandonment: This amended permit requires continuous use in order to preserve the
Conditional Use granted by the City under the terms hereof Any discontinuation or
abandonment of the uses permitted hereunder upon the site for a period of 12
continuous months shall constitute abandonment and void the permit.
IV. Annual Review: Annual review is not imposed as a condition of this amended
permit.
IN WITNESS WHEREOF, the Parties have set forth their hands and seals.
C F OAK HTS
Dated: - _3 2-4)2LBy:
Mary omber, Mayor
Dated: - By:
Eri hnson, City Administrator
Dated: u ho -a
Instrument Drafted By:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
2
CRICA HO MS, INC.
By:
Its: id&A- -
EXHIBIT A - Legal Descriptions
Conditional Use Permit
Front Yard Setback Reduction Allowances
Lots 7,8&9
Palmer Station
5606, 5373 & 5607 Oak Cove N.
Washington County Parcel ID Numbers: 04.029.20.23.0097
04.029.20.23.0098
04.029.20.23.0099
Legal Description: Lot 7, 8 and 9, Block 1, Palmer Station
EXHIBIT B
CITY PLANNER'S REPORT
3601 Thuraton Avenue N, Suit,. 70o ��
Maka, MN 135303
3
Phone: 763.231,38 0
TPCFaC8rmif&- 733.427.0520
TMOPlan ningCo. com
PLANNING iiEPORT
TO:
Eric Johnson
FROM:
Scott Richards
DATE:
July 16, 2020
RE:
Oak Park heights d Planned Unit Development Amendment
Exhibit 5:
— Front
Yard Setback Allowances for Lots 7, 8, and 9 Palmer Station.
TPC FiLE:
236.02 —20.06
BACKGROUND
Olivia Gavic, representing Creative Homes Inc. has made an application for a Planned
Unit Development Amendment to allow a reduced front yard setback �m 30 feet t® 2d
feet for Lots T, 8 and 9, Palmer Station located at 56®6,
North. The Planned Unit Devel® 5573 and 5609 Oak Cove
Yard setback standards in that a PUD � is require to to vary from the
frowas nt
side yard setbacks w 1th the Original development approvals. granted to aiiow for varlet!®n$ for
The City Council approved the request for the rezoning, Pianned Unit Development, and
Preil Inary and Final Plat for the thirteen -10t subdMalmn of the Palmier propel at their
July 22, 2014 meeting. The property is zoned R-1 Single Family Residential District.
The review is based upon the following submittals:
Exhibit 1:
Exhibit 2:
Lot 7 Building Footprint at 30' Setback
Lot 9 Building Footprint at 30' Setback
Exhibit 3:
Exhibit 4.
LOts 7, 8 and 9 Building Footprint at 20, Setback
Grading Plan (C3.1)
Exhibit 5:
Grading Details (C3.3)
Exhibit 6:
Site Photos (3 images)
Exhibit 7.
Report of the City Engineer, July 15, 2020
PROJECT DESCRIPTION
Ms. Gavic has provided the mason for the request In the development application
indicating that allowing a 20 -foot setback instead of a 30 foot setback will allow for
Page 64 of 114
saving a mature maple tree (45 -inch base), allow for more useable back yards, and will
keep homes more in line with existing homes on Oak Cove.
ISSUES ANALYSIS
Comprehensive Plan. The Comprehensive Plan 2018 designates this area as Low
Density Residential. The Palmer Station development is in conformance with the
Comprehensive Plan.
Zoning. The property is currently zoned R-1 Single Family Residential District. The R-
1 District requires a front yard setback of 30 fleet, side yard setbacks of 10 feet and rear
yard setback of 30 feet. If the lot is on a comer. the required setback is 30 feet from the
lot line. The 2014 approvals for Palmer Station allowed for reduced side -yard setbacks.
The approved condition is as follows:
17. The City Council agrees to the request to reduce the allowable setback on
the garage side of the home to a minimum of 5 fret. The setback to the
dwelling portion of the home would remain at 10 feet. A garage to garage
setback would be required to be 16 feet.
The current request reduces the front yard setback by 10 feet to 20 feet. A Planned
Unit Development Amendment is requireed to reduce the setback. Exhibit 3 shows the
proposed building footprints at the 20 -foot setback. The reduced setback will allow for
more back yard space and allow enough space on the driveway to park cars and small
trucks.
Planned Unit Development Amendment Review. The Planning Commission and City
Council should review the criteria for a setback Conditional Use Permit in considering
the Planned Unit Development:
Application for a setback Planned Unit DeevelopmerWConditional Use Permit shall be
regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Planned Unit
DevelopmentlConditional Use Permit may be granted provided that:
5) A required yard on a let may be reduced by a conditional use permit if the
fallowing condlbions are met,
a) The reduction of setback requirements is based upon a spec'if`ic need or
circumstance which is unique to the properly In question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
Comment; As indicated, allowing a 20 -foot setback instead of a 30 foot setback
will save a mature maple tree (454nch base), allow for mare useable back yards,
and will keep fomes more in line with existing homes on Oak Cove.
b) Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur upon thle
reserved space.
2
Page 65 of 114
Comment: The required easements have already been dedicated.
c) The reduction will work toward the preservation of bses or unique physkal
features of the lot or area.
Comment: One large maple tree will be preserved, and additional useable
back yard space will be provided for these three lots.
d) If affecting a north lot line, the reduction will not restrict sun access from
the abutting lots.
Comment: The structures should not impact sun access for abutting lots.
e) The reduction will not obstruct traffic visibility, cause a public safety
Problem and complies with Seddon 407.95.8.6 of this Ordinance,
Comment: The addition will not impact traffic visibility (Section 401.15.6.13) and
not create any public safety concerns.
0 The conditions of Section 407.03.A.7 of this Ordinance are considered
and satisfacfo rily met.
Comment: The criteria are reviewed below.
The conditional use permit criteria, found in Section 401.03A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specfflc po/kYes and provisions of the munkfpol comprehensive plan.
2. The conformity with present and future land uses In the area.
3. The environmental issues and geographic area involved.
4. Whethar the use wN tend to or actually depredafe the arse in which ri Is proposed.
5. The impact on charaoW of the surrounding area.
6 The demonstrated need for such use.
7. Traf o gwwatlon by the use in relation to capabilities of streets serving the properly,
a The impel upon existing publk sarvkes and fa fess induding parks, schools, streets,
and utiMA and the My's service c apacify.
0. The proposed use's conformity *Wh all pedormance standards contained hwein (I e.,
paWng, loading, noise, etc.).
Comment: The Planning Commission should comment If any of these criteria will be at
odds with the Planned Unit Development Amendment proposed for the site. The
reduced setbacks will not negatively impact any of the above criteria. City Staff does
not see any issues with the request.
Grading and Drainage. A grading plan has been provided as part of the submittals.
The City Engineer shall review and approve all of the grading and drainage plans. The
City Engineer has provided a letter that is found as an Exhibit 7.
Easements. No existing easements will be Impacted, nor new easements are required
with this request.
3
Page 66 of 114
CONCLUSION 1 RECOMMENDATION
Upon review of the request for a Planned Unit Development Amendment to allow a
reduced front yard setback From 30 feet to 20 feet for Lots 7, 8 and 9, Palmer Station
located at 5606, 5573 and 5609 Oak Cove North, City staff recommends the application
with the following conditions:
1. The final grading and drainage for the three lots shall be subject to
approval of the City Engineer.
2. Any other conditions of the Planning Commission, City Council and City
Staff.
pc: Julie Hultman
4
Page 67 of 114
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Stantec ConiulSng Servke:Int.
Stantec 733 Merquetla Avenue Suis 1000, Minn mob MN 55402-2309
July 15, 2020
File.193800151
Attention: Mr. Eric Johnson, City Administrator
City of Oak Park Heights
4185 Oak Parts Blvd. N.,
Oak Park Heights, MN 55082
Reference: Palmer Station: Review of proposed setback revislons for Lot$ 7, 8 and 0
Dear Eric,
We have reviewed the proposed lot setback revisions for lis 7, 8 and 9, Palmar Station. The proposal
reduces the lot setbacks from the street by 10 -feet. The setback changes do not require changes to the
approved grading pian. The new driveway grades will conform with City standards for driveway grades.
Therefom the proposed setbacks do not raise any engineering concerns_
If you have any questions or require further information, please do not hesbte to contact me.
Regards,
Stantec Consulting Services Inc.
Lee M. Mann, PE
City Engineer
Phone: 812-712-2085
I.ee.MannCstenteacom
rw file
Jura Huhman, Banding Official
Andy Kegley, DPW
Olivia Daft, Creative homes
Design with community in mini
Page 77 of 114