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Home My WebLink About09-06-24 RESOLUTION NO. 09-06-24 • 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 BY TIM NOLDE, REPRESENTING OAKGREEN VILLA LLC, AND GREEN TWIG LLC FOR PUD CONCEPT AND GENERAL PLAN, PRELIMINARY AND FINAL PLAT, VACATION OF EASEMENTS, AND BUILDING HEIGHT CONDITIONAL USE PERMIT FOR THE OAKGREEN COMMONS AND CARRIAGE HOUSE COOPERATIVE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Oakgreen Villa LLC, and Green Twig LLC for PUD concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use • permit for the Oakgreen Commons and Carriage House Cooperative development west of Oakgreen Avenue and north of 58 Street; 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 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. A PUD concept plan application for two 48 unit senior cooperative rental buildings, referred to as the Carriage House Cooperative, was filed in July 2008. The project was to be constructed in two phases and is located near the intersection of 58 Street North and Oakgreen Avenue; and • 4. The City Council approved the PUD concept plan at their August 26, 2008 meeting. In October 2008, the applicant submitted a PUD general plan request to allow the construction of the first phase of the Carriage House Cooperative. The applicant withdrew this i request prior to the Planning Commission public hearing; and 5. The applicant proposes a general plan approval for the 48 unit Carriage House Cooperative building at the corner of Oakgreen Avenue and 58 Street. The second building, the Oakgreen Commons, is a 122 assisted living facility and is to be constructed north of the Carriage House Cooperative on Oakgreen Avenue. Concept and general plan approvals are requested for the Oakgreen Commons; and 6. The property is zoned B -4, Limited Business which allows residential development as a conditional use. The underlying base zoning district shall remain with a PUD overlay; and 7. City staff prepared a planning report dated May 6, 2009 reviewing the PUD, plat, vacation, and conditional use permit requests; and 8. City staff recommends in the May 6, 2009 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their May 14, 2009 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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: i A. The application submitted by Tim Nolde, representing Oakgreen Villa LLC, and Green Twig LLC for PUD concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use permit for the Oakgreen Commons and Carriage House Cooperative development west of Oakgreen Avenue and north of 58 Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The preliminary and final plat shall be approved by the City Engineer and City Attorney. The plat shall dedicate the right -of -way for Oakgreen Avenue. 2. The applicant shall provide a graphic indicating which easements shall be vacated as part of the process, subject to review and approval of the City Engineer and City Attorney. 3. The City Council is favorable to the proposed setbacks as part of the approval process for • the PUD. 4. The traffic numbers are subject to review and approval of the City Engineer. 2 5. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 6. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The City Council is favorable to the proposed private and public trail system. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The site plan shall be revised to indicate 28 proof of parking stalls in addition to the stalls provided. The plans for proof of parking shall be subject to the review and approval of City staff and the City Engineer. 11. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 12. The City Council is favorable to the final building plans. The applicant shall provide a materials board for both buildings to be discussed at the City Council meeting. • 13. The City Council is favorable to the conditional use permit for the building height. 14. The snow storage area shall be subject to review and approval of the City Engineer. 15. All lighting fixtures shall be full cut off and the maximum height of all freestanding light fixtures shall be no more than 25 feet. 16. The City Council is favorable to the use of bollard light fixtures if thy include an internal cut off fixture. The lighting for the monument signs shall be compliant with the Zoning Ordinance and be subject to review and approval of City staff. 17. The site plans shall be revised to include electrical transformers subject to review and approval of City staff. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. 19. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, subject to the review and approval of the City Attorney. 20. The applicant has indicated in his application for Tax Increment Financing (TIF) that this • project will not move forward without TIF approval. The approval of the planned unit development is contingent upon approval of the TIF. 3 I 21. All existing wells shall be capped and septic systems removed in accordance with State and local requirements subject to review and approval of the City Engineer. 22. Maintenance of the fence along the 58 Street trail shall be the responsibility of the applicant. 23. Any other conditions of City staff and the City Council. Approved by the City Council of the NHeights this cn ay of June 2009. Mayor AT S . Johnson, City Administrator 4 I ATTACHMENT A a .r Planned Unit Development (PUD): General & Concept Plan, Preliminary & Final Plat, Conditional Use Permit: Building Height, & Drainage /Utility Vacation Carriage House Cooperative & Oakgreen Commons Washington County GEO Code: 05.029.20- XX -XXX Legal Description: Outlots C, H, I, J, K, L & M, Oakgreen Village • • ATTACHMENT B 4 ;� >.01. Planned Unit Development (PUD): General & Concept Plan, Preliminary & Final Plat, Conditional Use Permit: Building Height, & Drainage /Utility Vacation Carriage House Cooperative & Oakgreen Commons Application Materials • Application & Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: April 29, 2009 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: 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) Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)