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HomeMy WebLinkAbout2021-04-13 CC Packet Enclosure ,. tt Oak Park Heights Request for Council Action Meeting Date April 13th 2021 Time Required: 5 Minutes Agenda Item Title: Palmer Station PUD Amendment- 5573 Oak Cove N. -Front Yard Setback and Retaining Wall Amendments 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 31St, 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 65 of 86 e \ci aUAtiTPC 2 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC.::•PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 31, 2021 RE: Oak Park Heights — Planned Unit Development Amendment — Alterations to Retaining Wall and Grading for Lot 8, Palmer Station. TPC FILE: 236.02 — 21.04 BACKGROUND Olivia Gavic, representing Creative Homes Inc. has made an application for a Planned Unit Development Amendment to allow for changes to a boulder rock retaining wall for Lot 8, Palmer Station located at 5573 Oak Cove North. The Planned Unit Development Amendment is required to vary from the changes to the original grading plans and locations of the retaining wall. 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 from 30 feet to 20 feet for Lots 7, 8 and 9 of Palmer Station or 5606, 5573, and 5607 Oak Cove North, respectively. The current proposal is to place the new dwelling 20.5 feet from the property line for Lot 8 and to make changes to the retaining wall. 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 8 Exhibit 2: Elevation Diagram of Boulder Wall Exhibit 3: Site Pictures Exhibit 4: Report of the City Engineer Page 66 of 86 PROJECT DESCRIPTION Ms. Gavic has indicated that the reason for the request is to allow the expansion of the existing retaining wall to allow construction of a three-car garage and to keep proper drainage through the lot. The house will be pulled forward to 20 feet from the property line which will keep it aligned with the adjacent existing house. The site plan indicates a portion of the retaining wall to be removed and the line marked in red on the survey shows the proposed retaining wall location. The elevation diagram shows the wall to be constructed from fieldstone boulders with a wrought iron fence at the top of grade. The highest part of the wall is 12 feet tapering to one foot. The fence is needed for any part of the wall over a four-foot elevation. 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. The Planned Unit Development Amendment approved in July 2020 reduced the front yard setback by 10 feet to 20 feet. Exhibit 1 shows the proposed building footprint at the 20.5-foot setback. The change to the retaining wall was considered enough of a variation to the grading plan that it required a Planned Unit Development. The retaining wall and grading shall be subject to approval of the City Engineer Planned Unit Development Amendment Review. The Planning Commission and City Council should review the criteria for a Conditional Use Permit in considering the Planned Unit Development: 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.). Page 67 of 86 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 changes to the retaining wall and grading 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 including the boulder rock retaining wall. The City Engineer has provided a letter that is found as Exhibit 4 and includes a condition that the City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed. Easements. No existing easements will be impacted, nor new easements are required with this request. CONCLUSION ! RECOMMENDATION Upon review of the request for a Planned Unit Development Amendment to allow for changes to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, City Staff recommends the application with the following conditions: 1 The final grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete. prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. pc: Julie Hultman Page 68 of 86 1 Remtem iN Certificate of Survey for: ' _;lnm .-• Cr Int 6 r' 1 0 ' CREATIVE HOMES,INC. yn�r , J' # f , (, ,of r II n 4 k �� ,•tk,�. •,, ', toe. House Address: �n.... ,s,4. ?j % 1 SS73 Oak Cove North,Oak Park Heights,lvL'V R,UN ow* •Z/Z4e>,(44i. �''.\ /!/ House Model: \ 6/ s ° Dm*d a tyke Victoria Eleceings rho n re owned N sk0y 6,'-.6 ••6 $. N'/r/ n 0,s / ,'.- ese am.ae (KAON,.SCALE t. ,h nr.a. , 4‘,.... \ .'.L�.,�Z) ,•1!f'�° '`IqT ..d,!,*s'\ •.,\ /4 ,,f' , 79.10 to;kw 37r.;32 tet G t5 k 6c.. °k, e,7TY . Cir' �''� J J V f / `eo sk lea tc Bott 0 0.ro 15244 bit EnNn9 t, .,i/f/� � 't' ,L 47 n ••.• ss,. Driveway tree to Sou of Deb *no>r,N, enp, wet�, •.` `7•,°c•P, ,,v i . n '.q .(.e p.. /// (W FEET) .. E4 re wI*d , .6k,, 1 a- //► - -ry,♦ V 1`,E' /// / (a.5r14 Olell 4i-r. \ �- !!Wd 1 •1, .,/ .,.;,¢1, -r \in `''4'. •i '0'44"yo' •(/ LEGAL DESCRIPTION; El•916 p; �, G i'. N�" �,����' 'r; ",1 . y`� lot 8,8(ock 1, PALMER STATION, \__z ^.� �"' TM ' Nloshhgton County Ninneso#e y . 13 wl . . i .^4 A e q IAinhwm Lowest Floor Elevator 41.11 '72: . ? e :,. r7 --- `` :9.e"es ti'r ,9eeS5 d ♦ J { K PROPOSED BOWING ELEVATIONS 4 f `� 1 \ '/.4 s s ► T' �` ° id o u, ,'t I t as ed, i. hest floor Elevation: 951.9 i \ �- s6 L 9u i{', r),® / , • ';,sol"t \ g Top of Fovadotion©ration: 959.5 l \ 'A It, R a ..' 19647 \x9.SS l 1.1 1 ,a VIAND , , ,`F , 'i j, pr—110 ,sus l \'. t ;;p Garopr 5oD Elevation(o:tloak 959,2 7* .1,57 \. 4' Ii r 1 S i frotw;If;'4. / 24141•!37 , I. ; ! \ 8�,66�2y Nu "h 0, NOTES: t y-t>m+taw 10 M Int 166.6.9.77 1 4411, T 6 ,i.9.2, a 4625 4 N2y' •,..TIE1N 1i k N. iL 1.PrrtpneC bu7d+,5 sae 7odn9 a n occadens.t1,toe I 6\.Orme,Lex Toa 11 .9.6s G Lr j�,, ,s,�.,�., -,K--._._./9.2'4 •9.1s(dnl■�i Na, . re*den rowed by tim,Dag lob.kat I \ j !r.14,- 7774 - we61.°"� 'e/ •KSr(1 M jC tubed 8/23/18- i \\ 6 ov sin 6671,Jr top euy.9ee 7),ir- >� •9.S;(Ip t1� Q;i 2 Convect,must,9.i sews 1 9.'S 1 �+.{•1 e.ep.s,tc 'two i66 Me4.W 6 pro nr„. Z 1s u9t I -1 ,0 „2 o,s__ s •1,6 9 1 Driven),lhoae 9.e M goP4k purposes aiy. Fnd Cnaroy _ •95'6 dearearod 1000,611000,61to be detemee wnv by o /tuMhr 232.19 9'Si 9 E 3 9.r: 4 Al boi9.,;km**drmelKns 11117r a.)Ws arty 1 ' ° N89.35'02.91 i 5J Denotes Proposed Con(°ir ndude alta taadotron Maiai6x wdths,it pplkobr CARLSON ENollffspTNG ger to led bait^;plan I9.fotot441 n 4,1441I rum,,,,N6 °goatee Existing Tree Loa:tem Denata&sting Contote 1 holt,vilify 1a Cie,*Nomas,Mu.Owl tut WMy,147 re treat \\\ M CCAI N i:NV14011(1414 'Nowa EmtA9 Hydroa a Denotes Existing Curb Stop 105 by mea under my duct varvison old etal 1 an E Q Denotes Exdth9 pearl Bo, a=a Deflates Distil Elevation �Y torted k e axueya mitt the leas or me State of ttmuoto Denotes Proposed Elevation Doted th.6t"by a'Aron 2021. i eteMAoxm . se MII6I%IApt* e. Dent"EnatBg Tik"sron Box _.-Denotes Directun cf D'ei 9ssires '•/ A. �; t talRMmo 1 r t 7eW9J \tmuca6cu cci o Denotes Exlst�l Td Jne Bo! y ,1/' / ! o 9 � �Uelofa Dian �UtHt Easement A Denotes Existi•9 tight Pre (per monied plot) es . r Ink Mime c8 E DMwta Exptip Smite .•e_Denotes tem flonurort P.Iv J R9a0Wal LS Rag,Ire C4 6 Page 69 of 86 42. 5573 OAK COVE NORTH, OAK PARK HEIGHTS, MN SCALE I"=8' 3/24/21 TOP OF GRADE WILLOW RIVER COMPANY TOP SOIL LAYER FENCE POST WITH FOOTING OD _ _ - FIELDSTONE BOULDERS SI LIMIT OF EXCAVATION BOTTOM OF GRADE COMPACTED EXISTNG SOIL C°1 FIG I. BOULDER NALL SIDE ELEVATION GEOTEXTILE GRID (BI-DIRECTIONAL 8' LENGTH) GEOTEXTILE WOVEN FABRIC 3/4" CLEAR DRAINAGE AGGREGATE GEOTEXTLE WOVEN FABRIC NOTE. NGINEST PONT OF NALL 5 12' ELEVATION TAPERNG TO f ELEVATION. FENCE NEEDED FOR ANY PART OF WALL OVER 4 ELEVATON. X413 I, _ r r , a \ ,lilli f I- , ..i /Ni , . . . 1'. , t ./ ,' -. , , , , , , ,. , • ; . '.: r 'PA'#• V.' 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' xT Y � r ill ` I-r. t'‘ 4.'X:. ��' - - , ' ' -.:' 1 - , - . � .. • moi( \-:t t'•J '- • -. i. 3 - S •. t • •, r 1144 Page 73 of 86 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 ALTERATIONS TO A RETAINING WALL AND GRADING FOR LOT 8, PALMER STATION LOCATED AT 5573 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 alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 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. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lot 8, Palmer Station; and 5. The Applicant has requested that the City consider alterations and expansion of the existing retaining wall and grading to allow construction of a three-car garage and to grade the site to keep proper drainage through the lot; and Page 74 of 86 6. A Planned Unit Development Amendment is required to make alterations to the retaining wall and grading; and 7. City staff prepared a planning report dated March 31, 2021 reviewing the request and criteria for Planned Unit Development/Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommends approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their April 8, 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 alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 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 and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. Page 75 of 86 Recommended by the Planning Commission of the City of Oak Park Heights this 8th day of April 2021. Timothy Freeman,Chair ATTEST: Eric A. Johnson, City Administrator Page 76 of 86 ATTACHMENT A t1� y Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0098 Legal Description: Lot 8, Block 1, Palmer Station Page 77 of 86 ATTACHMENT B Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 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: April 8, 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 78 of 86 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 ALTERATIONS TO A RETAINING WALL AND GRADING FOR LOT 8, PALMER STATION LOCATED AT 5573 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 alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application 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. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lot 8, Palmer Station; and Page 79 of 86 5. The Applicant has requested that the City consider alterations and expansion of the existing retaining wall and grading to allow construction of a three-car garage and to grade the site to keep proper drainage through the lot; and 6. A Planned Unit Development Amendment is required to make alterations to the retaining wall and grading; and 7. City staff prepared a planning report dated March 31, 2021 reviewing the request and criteria for Planned Unit Development/Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommends approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their April 8, 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 alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 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 conditions: 1. The final grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. Page 80 of 86 Approved by the City Council of the City of Oak Park Heights this 13th day of April 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 81 of 86 ATTACHMENT A .s Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0098 Legal Description: Lot 8, Block 1, Palmer Station Page 82 of 86 ATTACHMENT B Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 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: April 8, 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 83 of 86 THIS PAGE INTENTIONALLY LEFT BLANK rir Page 84 of 86