HomeMy WebLinkAbout2021-03-23 CC Packet Enclosure 4:4
Oak Park Heights
Request for Council Action
Meeting Date March 23`d, 2021
Time Required: 5 Minutes
Agenda Item Title: Palmer Station—PUD Amendment - 5613 Oak Cove N.
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested _Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards, City Planner
1. Planning Report—Dated March 4th, 2021
2. Approved Planning Commission Resolution—Unsigned
3. Proposed City Council Resolution.
Page 43 of 90
TPC3801 Thurston Avenue N, Suite 1001C11Z,
Anoka, MN 56303
Phone: 763.231.6840
Facsimile:783.427.0520
TPC@PlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 4, 2021
RE: Oak Park Heights— Planned Unit Development Amendment— Front
Yard Setback Allowances for Lot 10 Palmer Station.
TPC FILE: 236.02 —21.02
BACKGROUND
Olivia Gavic, representing Creative Homes Inc. has made an application for a Planned
Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25
feet for Lot 10, Palmer Station located at 5613 Oak Cove North. The Planned Unit
Development Amendment is required to vary from the front yard setback standards in
that a PUD was originally granted to allow for variations for side yard setbacks with the
original development approvals.
The City Council approved the request for the rezoning, Planned Unit Development, and
Preliminary and Final Plat for the thirteen-lot subdivision of the Palmer property at their
July 22, 2014 meeting. On July 28, 2020, the City Council approved a Planned Unit
Development Amendment for reduction in the front yard setback for 5606, 5573 and
5608 Oak Cove North.
The property is zoned R-1 Single Family Residential District.
The review is based upon the following submittals:
Exhibit 1: Certificate of Survey for Lot 10 - Building Footprint at 30' Setback
Exhibit 2: Certificate of Survey for Lot 10 - Building Footprint at 25' Setback
Exhibit 3: Elevation Plan (1 of 7)
Exhibit 4: Foundation Plan (2 of 7)
Exhibit 5: Mail Floor Level Plan (3 of 7)
Exhibit 6: Report of the City Engineer, March 2, 2021
Page 44 of 90
PROJECT DESCRIPTION
Ms. Gavic has indicated that the reason for the request is to amend the setback to a
minimum of 25 feet to allow the home to fit within the wetland buffer setback
requirement.
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 feet, side yard setbacks of 10 feet and rear
yard setback of 30 feet. If the lot is on a corner, 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 feet. The setback to the
dwelling portion of the home would remain at 10 feet. A garage-to-garage
setback would be required to be 15 feet.
The current request reduces the front yard setback by five feet to 25 feet. A Planned
Unit Development Amendment is required to reduce the setback. Exhibit 2 shows the
proposed building footprints at the 25-foot setback. The reduced setback will allow for
more back yard space to comply with the wetland buffer setback of 20 feet 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 Development/Conditional Use Permit shall be
regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Planned Unit
Development/Conditional Use Permit may be granted provided that:
5) A required yard on a lot may be reduced by a conditional use permit if the
following conditions are met:
a) The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property 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 25-foot setback will allow for the home to
comply with the wetland buffer, as well as provide for a more useable back yard,
and will keep homes more in line with existing/proposed homes on Oak Cove.
2
Page 45 of 90
b) Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur upon this
reserved space.
Comment: The required easements have already been dedicated and no
construction will occur within these easement areas.
c) The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
Comment: Additional useable back yard space will be provided for this lot.
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 Section 401.15.B.6 of this Ordinance.
Comment: The addition will not impact traffic visibility (Section 401.15.6.6) and
not create any public safety concerns.
t) The conditions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
Comment: The criteria are reviewed below.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The Impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use In relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities Including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, 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 setback will not negatively impact any of the above criteria. City Staff does not
see any issues with the request.
3
Page 46 of 90
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 6.
Easements. No existing easements will be impacted, nor new easements are required
with this request.
CONCLUSION I RECOMMENDATION
Upon review of the request for a Planned Unit Development to allow a reduced front
yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak
Cove North, City staff recommends the application with the following conditions:
1. The final grading and drainage for the lot 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 47 of 90
Revisions:
N Certificate of Survey for: 1 Ga;Commen,,u;��6 20
A CREATIVE HOMES, INC, /2020b
I
House Address: House Model:
0 5613 Oak Cove North,Oak Park Heights,MN Victoria \ 951,0
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Denotes Existing Contour ' 99xSrYARK o
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p Denotes Existing Electric Box 8
a Denotes Existing Television Box '
p Denotes Existing Telephone Box LEGAL DESCRIPTION:
* Denotes Existing Light Pote $ i
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'a Denotes Exiattng Service
o 10, Block 1, PALMER STATION, o;84
I Denotes Existing Curb Stop Washington County, Minnesota 212
x 000.o Denotes Existing Elevation
't I-0o. Denotes Proposed Elevation Minimum Lowest Floor Elevation: 949.0
-- Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS
!.'"_"" Denotes Drainage & Utility Easement Lowest Floor Elevation: 951.8
(per recorded plot) Top of Foundation Elevation: 959.5
, -t– Denotes iron Monument Garage Slab Elevation (at door): 959.1
Bewtngs shown are assumed
1. Pro
E GRAPHIC SCALE 1. Proposed building site grading is In accordance with the
grading plans prepared by Elan Design Lab, last revised
0 15 30 60 8/23/18
�' 2. Contractor must verify ower depth.
j L 3. Driveways shown are for graphic purposes only. Final driveway
1 design and location to be determined by owner/builder,
(IN FEET) 4. All building foundation dimensions shown on this survey
t (8.5x14 sheet) include exterior foundation Insulation widths, if applicable.
3 17$8 7708.010 0)5 Refer to final building plane for foundation deities.
1
�� hereby certify to Creative Homes, Inc. that this survey, plan or report was '+'
j,�,'�` Y1 prepared by me or under my direct supervision and that I om a duly licensed land
\, CCAI tl surveyor under the laws of the State of Minnesota. 4-
•
isldi,.�;�Jd:l;;:i1,.`t•aKtt'F:Y#OIG>,£V't:�.�:�+PoA7t-w�:U. Dated this 30th day of October, 2020.
l Signed rin MAfr• c.
I 3690 PHEASANT saOee WW1 N! r
i Burn see /
TEL(703)4,0-71/120,int(753)410-7555 BY _ • , p 1�p
61
Peter aJ. Biomqulss R. t, L. .�'eg?Ja. 51'676
1/
enc I#2.
Revisions:
N Certificate of Survey for: 1 /z202 City Commentst2/10/20203 City Cenment,r2-12/16/2020
CREATIVE HOMES, INC. 5 ..Po•i., z/16/2a2,
House Address: House Model:
0 5613 Oak Cove North,Oak Park Heights,MN Victoria \\ 951.0
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p Denotes Existing Telephone Box LEGAL DESCRIPTION: is . ..
1* Denotes Existing Light Pole Lot 10, Black 1, PALMER STATION, �-6-6o *
p Denotes Existing Service o a.c
o Denotes Existing Curb Stop
Washington County. Minnesota '' ao
x 000.o Denotes Existing Elevation
oa. Denotes Proposed Elevation Minimum Lowest Floor Elevation: 949,0
Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS
_— Denotes Drainage dr Utility Easement Lowest Floor Elevation: 951.8
(per recorded plat) Top of Foundation Elevation: 959,25
ae— Denotes iron Monument Garage Slob Elevation (at door): 959.1
Bearings shown ore assumed NOTES:
F 1. Proposed building site grading Is in accordance with the
GRAPHIC SCALE grading plans prepared by Elan Design Lab, last revised
0 15 30 60 8/23/18
I �_ m 2. Contractor must verify sewer depth.
i 3. Driveways shown are for graphic purposes only. Final driveway
1 (IN FEET) design and location to be determined by owner/buffder.
l (8.5x14 sheet) 4. All building foundation dimensions shown on this survey
include exterior foundation insulation widths, if applicable.
1786 17708.010 GJS Refer to find building pians for foundation details.
i 4,
' CARLSON I hereby certify to Creative Homes, Inc. that this survey, plan or report was
prepared by me or under my direct supervision and that I am a duly licensed land
�. ��N surveyor under the laws of the State of Minnesota.
ENGINEERING l5JRVEYING\ENVIRONNJF.N7AL Dated this 30th day of October, 2020. .-'11
Signed. rt." Afc C.7000 PHEASANT RIDGE DINE NE f
J
SUIT!100
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Peter J. Blomqulst, LS. Reg. No. 51676
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COStantec Consulting Services Inc.
Stantec 733 Marquette Avenue Suite 1000,Minneapolis MN 55402-2309
March 2,2021
File: 193800151
Attention: Mr. Eric Johnson,City Administrator
City of Oak Park Heights
4168 Oak Park Blvd. N.
Oak Park Heights, MN 55082
Reference: Palmer Station:Certificate of Survey Review, Lot 10—Revised Setback
Dear Eric,
We have reviewed the certificate of survey submitted for Lot 10, Palmer Station(as revised with the new
setback, revision date 3-2-2021,attached). The survey for Lot 10 is in substantial conformance with the
approved grading plan. As a condition of the permit for this lot, include the requirement that the City be
notified when the final grading of the lot is completed(before the sod is placed)so that the grades and
drainage can be confirmed before the sod is placed.
If you have any questions or require further information,please do not hesitate to contact me.
Regards,
Stantec Consulting Services Inc.
-,---
Lee M. Mann, PE
City Engineer
Phone:812-712-2085
Lee.Mann@stantec.com
c. file
Julie Hultman, Building Official
Andy Kegley, DPW
Olivia Gavic, Creative homes
Design with community in mind
Page 53 of 90
Revisions:
N Certificate of Survey for: 2 aM ts_;,n/202oa
IY 3 Oto Comm.nts.I- 12/15/2020
CREATIVE HOMES, INC. 6 Corn 3ls/�as '
House Address: House Model:
/
5613 Oak Cove North,Oak Park Heights,MN Victoria 954.0
/ice t:)
a \� () ()
T� vrr , , X
r
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Denotes Existing Tree Location /{ 1 s
/ ,J Denotes Existing Contour °S
,r Denotes Existing Hydrant at at$
p Denotes Existing Electric Box S
a Denotes Existing Television Box g 2
P Denotes Existing Telephone Box LEGAL DESCRIP77ON: $ N.
Denotes Existing Light Pole Lot 10, Block 1, PALMER STATION, 75 8
o Denotes Existing Service i 0
g Denotes Existing Curb Stop Washington County, Minnesota
x mac Denotes Existing Elevation
xc
ac- Denotes Proposed Elevation Minimum Lowest Floor Elevation: 949.0
Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS
Denotes Drainage & Utility Easement Lowest Floor Elevation: 951.8
(per recorded plot) Top of Foundation Elevation:MIL
—.— Denotes iron Monument Garage Slab Elevation (at door): 959.1
Bearings shown ore assumed NOTES:
1. Proposed building site grading is In accordance with the
l GRAPHIC SCALE grading plans prepared by Elan Design Lab, last revised
I 8/2.3/18
0 15 30 60
I 2. Contractor must verify sewer depth.
I 3. Driveways shown are for graphic purposes only. Final driveway
I design and location to be determined by owner/builder.
(IN FEET) 4. All building foundation dimensions shown on this survey
L (8.54$ sheet) Include exterior foundation Insulation widths, if applicable.
1786 7708.010 GJS Rotor to rho, building plans for foundation details.
i
CARL.SON I hereby certify to Creotive Homes, Inc. that this survey, plan or report was
prepared by me or under my direct supervision and that I am a duly licensed land
i W$ MICCAI N surveyor under the laws of the State of Minnesota.
ENGINEERING 1 SURVEYING\ENVIRONMENTAL Dated this 30th day of October, 2020.
Signed: i M cAt .
I 3690 PHEASANT=Gamma NE /
i MUTE 100 ,
i BLA04E,MN 55449 By:
TEL(763) SONI1 rI48q-�5S Of R. Boltuff, LS. "eg. No, 40361
Peter J. Blom Wet, L.S. Req. N 90
1
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST FROM OLIVIA GAVIC, REPRESENTING CREATIVE
HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT
TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30
FEET TO 25 FEET FOR LOT 10, PALMER STATION LOCATED AT
5613 OAK COVE NORTH, SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic,
representing Creative Homes, for a Planned Unit Development Amendment to allow a
reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at
5613 Oak Cove North, and after having conducted a public hearing relative thereto,the
Planning Commission of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The City Council approved the request for a rezoning, Planned Unit
Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer
property at their July 22, 2014 meeting; and
4. The Applicant has requested that the City consider allowing a 25-foot
setback instead of the required 30-foot setback; and
5. The requested 25-foot setback will provide a reasonable wetland buffer
setback, allow for more useable back yards, and will keep homes more in line with
existing homes on Oak Cove; and
Page 55 of 90
6. A Planned Unit Development Amendment is required to reduce the
setback to 25 feet; and
7. City staff prepared a planning report dated March 4, 2021 reviewing the
request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the
Zoning Ordinance; and
8. Said reports recommended approval of the Planned Unit Development
Amendment subject to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their March 11. 2021
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted for a request from Olivia Gavic,representing Creative
Homes, for a Planned Unit Development Amendment to allow a reduced front yard
setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove
North and affecting the real property as follows:
SEE ATTACHMENT A
Be the same as hereby recommended to the City Council of the City of Oak Park Heights
for approval with the following conditions:
1. The final grading and drainage for the lot shall be subject to approval of
the City Engineer.
2. Any other conditions of the Planning Commission, City Council and City
Staff.
Recommended by the Planning Commission of the City of Oak Park Heights this 11th
day of March 2021.
Timothy Freeman,Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 56 of 90
ATTACHMENT A
Conditional Use Permit
Front Yard Setback Reduction Allowance
Lot 10
Palmer Station
5613 Oak Cove N.
Washington County Parcel ID Numbers: 04.029.20.23.0100
Legal Description: Lot 10, Block 1, Palmer Station
Page 57 of 90
ATTACHMENT B
Conditional Use Permit
Front Yard Setback Reduction Allowance
Lot 10
Palmer Station
5613 Oak Cove N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
Planning Commission Public Hearing & Recommendation: March 11, 2021
Required Approvals: PUD Amendment
City Council 4/5
PUD Amendment:
Unless a General Plan of Development covering the area designated as in the General
Concept Plan as the first stage of the PUD has been filed within twelve (12) months
from the date Council grants General Concept Plan approval, or in any case where the
applicant fails to file General Plan of Development Stage and Final Plans and to
proceed with development in accordance with the provisions of this Ordinance and of an
approved General Concept Plan, the approval may be revoked by Council action.
(401.06.C.2.e)
Page 58 of 90
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST FROM OLIVIA GAVIC, REPRESENTING CREATIVE
HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT
TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30
FEET TO 25 FEET FOR LOT 10, PALMER STATION LOCATED AT
5613 OAK COVE NORTH, BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic,
representing Creative Homes, for a Planned Unit Development Amendment to allow a
reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at
5613 Oak Cove North, 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 and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The City Council approved the request for a rezoning, Planned Unit
Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer
property at their July 22, 2014 meeting; and
4. The Applicant has requested that the City consider allowing a 25-foot
setback instead of the required 30-foot setback; and
5. The requested 25-foot setback will provide a reasonable wetland buffer
setback, allow for more useable back yards, and will keep homes more in line with
existing homes on Oak Cove; and
Page 59 of 90
6. A Planned Unit Development Amendment is required to reduce the
setback to 25 feet; and
7. City staff prepared a planning report dated March 4, 2021 reviewing the
request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the
Zoning Ordinance; and
8. Said reports recommended approval of the Planned Unit Development
Amendment subject to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their March 11, 2021
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted for a request from Olivia Gavic,representing Creative
Homes, for a Planned Unit Development Amendment to allow a reduced front yard
setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove
North and affecting the real property as follows:
SEE ATTACHMENT A
Be the same as hereby approved by the City Council of the City of Oak Park Heights
with the following condition:
1. The final grading and drainage for the lot shall be subject to approval of
the City Engineer.
Approved by the City Council of the City of Oak Park Heights this 23rd day of March
2021.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 60 of 90
ATTACHMENT A
.. .
Conditional Use Permit
Front Yard Setback Reduction Allowance
Lot 10
Palmer Station
5613 Oak Cove N.
Washington County Parcel ID Numbers: 04.029.20.23.0100
Legal Description: Lot 10, Block 1, Palmer Station
Page 61 of 90
ATTACHMENT B
Conditional Use Permit
Front Yard Setback Reduction Allowance
Lot 10
Palmer Station
5613 Oak Cove N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
Planning Commission Public Hearing & Recommendation: March 11, 2021
Required Approvals: PUD Amendment
City Council 4/5
PUD Amendment:
Unless a General Plan of Development covering the area designated as in the General
Concept Plan as the first stage of the PUD has been filed within twelve (12) months
from the date Council grants General Concept Plan approval, or in any case where the
applicant fails to file General Plan of Development Stage and Final Plans and to
proceed with development in accordance with the provisions of this Ordinance and of an
approved General Concept Plan, the approval may be revoked by Council action.
(401.06.C.2.e)
Page 62 of 90