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Home My WebLink About2006-06-12 WC Recorded Document 3589271 - Second Amended PUD3589271 Office of the County Recorder Washington County, MN Certified filed and/or recorded on: 2006/06/12 11:37:00 AM 3589271 p++y Cindy aammenn Caunry Hartle r CITY OF OAK PARK HEIGHTS SECOND AMENDED' PLANNED UNIT DEVELOPMENT `f FOR FOR FOX HOLLOW EAST, LLC �tf: t-.aw�cm Mar�hQll Planner's File No.:798.02-04.04 Date Issued August 24, 2004 Amended: July 26, 2005 Second Amendment: June 20, 2006 Legal Description: (Washington County Geo. Code# 04.029.21.11.0125; 0126; 0127; & 0128) Formerly OUTLOT A, EAST OAKES P.U.D., Common Interest Community Number 98 East Oakes Townhomes, Now Lots I and 2, Block 1, Lot 1, Block 2, and Outlets A, B and C Fox Hollow P.U.D. Owner: Fox Hollow East, LLC, and Fox Hollow East Master Association Address: 1937 Greeley St. So Stillwater, MN 55082 Site Address: Not Yet Assigned Present Zoning District: Combined B-2 and RB Permitted uses set forth in Ordinance 401 Section 401.30 and 401.28 This document effectively replaces the Amended PUD Permit document recorded as Doc. No. 3545481 in the Office of the County Recorder, in and for Washington County, Minnesota. 1 I. CONDITIONAL USE PERMIT FOR: Applicants have applied for a planned unit development to allow multiple buildings on one property with shared access and parking; All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights on August 24, 2004 which are as follows: 1. The 25 foot front yard setback for the office building is acceptable as part of the general plan of development approval. 2. The plat/development agreement shall provide the appropriate easements as required by the City Engineer and City Attorney. 3. The City Attorney shall comment on the use of outlots for the pond and access drives. 4. All access and parking easements and agreements shall be addressed in the development agreement. 5. Park dedication fees of $22,952.00 shall be paid at time of finalization of the final plat and development agreement. 6. The MnDOT permit for access to 60`h Street North shall be provided to the City. 7. At least one van accessible stall shall be provided in the underground parking garage of the condominium building. 8. At least two van accessible stall shall be provided, as shown on the plan, for the office building. 9. The grading and drainage plans shall be subject to review and approval of the City Engineer and the Middle St. Croix Water Management Organization. 10. The alternate grading plans, that indicate a portion of the property owned by Xcel Energy, shall be subject to written approval of Xcel Energy and the City Engineer. 11. The utility plans are subject to review and approval of the City Engineer. 12. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the City Arborist. 13. The applicant shall add additional plant material directly adjacent to the condominium building to reduce the mass and scale of the elevations subject to review and approval of the City Arborist. 14. The applicant shall construct an extension of sidewalk on Lot 1, Block 1, to 601h Street. 2 15. The applicant shall provide plans for pool area lighting and pool area shall comply with the City's noise ordinance. The pool area shall close between the hours of 10:00 PM and 6:00 AM and pool area lighting shall be shut off at least one-half hour after the closing time. 16. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning Ordinances. 17. All of the monument signs shall be allowed at a maximum height of eight feet. 18. The building design is consistent with Design Standards. 19. A development agreement shall be required between the City and applicant subject to review and approval by the City Attorney. And additional conditions imposed by the City Council by Resolution dated July 26, 2005, as follows: 1. The Planning Commission and City Council find that the 25 foot front yard setback for the office building is acceptable as part of the general plan of development approval. 2. Outlots A, B and C, shall be merged for tax purposes and deed restrictions shall be placed thereon so no construction can occur thereon in the future. 3. The parking lot drive aisles shall be property signed as one-way where applicable. The parking lot signage shall be subject to review and approval of the City Engineer. 4. The grading and drainage plan shall be subject to review and approval of the City Engineer and applicable watershed district. 5. The utility plans are subject to the review and approval of the City Engineer. 6. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the City Arborist. 7. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning Ordinance. 8. The proposed monument sign shall be provided with a landscaped base or planter and the signage portion of the sign must be no more than eight feet in height. 9. The City Council finds that the building design is consistent with the Design Standards. 10. A development agreement amendment as required by the City Attorney, between the City and applicant, subject to review and approval of the City Attorney. 3 Im C 11. All conditions approved by the City Council on August 24, 2004, for Fox Hollow development general plan of development approval. 12. The use and development of Lot 1, Block 1, is exclusively restricted to provide parking for Lot 1, Block 2. All other development rights to Lot 1, Block 1, are waived and released by this agreement. A deed restriction shall be placed thereon so no construction can occur thereon in the future, save and except for construction related to its use as a parking lot. Lot 1, Block 1 and Lot 1, Block 2 shall be regarded as a single indivisible lot for development purposes under the City's zoning and subdivision codes. II. REFERENCE ATTACHMENTS: August 5, 2004 Planners Report NAC August 17, 2004 Engineer's Report — Bonestroo March 17, 2005 Engineer's Report — Bonestroo March 28, 2005 Engineers Report — Final Plat Review — Bonestroo Public Walkway and Sidewalk Easement and Agreement July 7, 2005 Planners Report NAC IN WITNESS WHEREOF, the parties have set forth their hands and seals. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES. 4 Dated: (P 2 p 6 STATE OF MINNESOTA ) ',, f COUNTY O as �^ t' ) ss h ) C CITY OF OAK PARK HEIGHTS (a Minnesota municipal corporation) By: D id Beaudet Its: Mayor The foregoing instrument was acknowledged David Beaudet, the Mayor of the CITY OF OAK corporation, on behalf of the municipal corporation. CCF_ • � /, L1{n 1JlJ�//I/// / IIJIJ before me thisday of June, 2006, by PARK HEIGHTS, a Minnesota municipal '111 vim it This is a signature and notary page to that certain City of Oak Park Heights, Second Amended, Planned Unit Development, for Fox Hollow East, LLC, dated June7x"%2006. Dated: (= " U L STATE OF MINNESOTA ) p L' ) ss COUNTY OF WksLVIChvI ) Fox Hollow East, LLC (a Minnesota limited liability company) By: Jef us Its: Chief Manager The foregoing instrument was acknowledged before me this 6-0 day of June, 2006, by Jeff G. Hause, the Chief Manager of Fox Hollow East, LLC, a Minnesota limited liability company, on behalf of the limited liability company. 1 ::.T.a, • • 1 ✓!!!!IlIIJJI/�I�'� ---ml II • This is a signature and notary page to that certain City of Oak Park Heights, Second Amended, Planned Unit Development, for Fox Hollow East, LLC, dated June l , 2006. Gl Dated: U STATE OF MINNESOTA ) ) ss COUNTY OF Fox Hollow East Master Association (a Minnesota non-profit corporation) The foregoing instrument was acknowledged before me this J-141 day of June, 2006, by Jeff G. Hause, the President of Fox Hollow East Master Association, a Minnesota non-profit corporation, on behalf of the non-profit corporation. 1 '• This is a signature and notary page to that certain City of Oak Park Heights, Second Amended, Planned Unit Development, for Fox Hollow East, LLC, dated June Z , 2006. 7