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HomeMy WebLinkAbout08-05-23 • RESOLUTION NO. 23 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 OF ANCHOBAYPRO INC. A FOR A PLANNED CONCEPT AND UNIT DEVELOPMENT AMENDMENT FOR P HASE 1 GENERAL PLAN APPROVAL FOR PHASE I PRELIMINARY AND 3 R AND FINAL PLAT FOR OAKGREEN VILLAGE 2 ADDITIONS FOR THE OAKGREEN VILLAGE DEVELOPMENT NORTH OF 58 STREET AND EAST OF NOVA SCOTIA AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde of Anchobaypro Inc. for a planned unit development amendment for Phase 1, a concept and general plan approval for Phase 2, and a preliminary and final plat for Oakgreen Village 2 "a and 3rd Additions for the Oakgreen Village development north of 58 Street and west of Nova • Scotia Avenue 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 subject property is zoned B -4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development approvals to date have been for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase 1 and 2 of the Oakgreen Village development; and 5. The City Council, at their May 23, 2006 meeting, approved the general plan of development with conditions for Phase 1 of the Oakgreen Village development; and 6. City staff prepared a planning report dated April 30, 2008 reviewing the • request for a planned unit development amendment for Phase 1, and a concept and general plan approval for Phase 2, and the preliminary and final plat; and 7. The April 30, 2008 planning report recommended approval of the planned unit development amendment, the concept and general plan approval, and the preliminary and final plat subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 8, 2008 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: A. The application submitted by Tim Nolde of Anchobaypro Inc. for a planned unit development amendment for Phase 1, a concept and general plan approval for Phase 2, and a preliminary and final plat for Oakgreen Village 2nd and 3rd Additions for the Oakgreen Village development north of 58 Street and west of Nova Scotia Avenue North 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 /final plat for Oakgreen Village 2nd Addition and Oakgreen Village 3` Addition is subject to review and approval by the City Engineer and City Attorney. 2. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The sidewalk adjacent to the wetland shall be constructed simultaneously with the street extension and the three -unit tH structure. The trail and crosswalk at 58 Street and Oakgreen Avenue shall cross 58 Street to the south. 4. The plans for the private park are subject to City staff and City Council review and approval. 5. The tree preservation and landscape plans are subject to review and approval of the City Arborist. • 6. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater issues are also subject to review and approval by the applicable watershed authority. 2 • 7. The dwelling at 5762 Oakgreen Avenue shall be removed no later than September 1, 2008. 8. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Minnesota Rules. 9. The site plan does not include light fixtures on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 10. The Planning Commission and City Council are favorable to the building design with the stipulations that the dormers on the front elevation be increased in size, shake siding be used on the gables of the rear elevations, and the gable ends at the rear elevation be provided a vertical element to the foundation. 11. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 12. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 13. The applicant shall provide all association duties and maintenance until the completion of Phase 2. The homeowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. Only one homeowners association for both Phase 1 and Phase 2 will be allowed. 14. The applicant shall be required to disclose the entire development plans to include Phase 2 for all Phase 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 15. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. • 3 • Approved by the City Council of the City of Oak Park Heights this 27 day of May 2008. A DaviBeaet, Mayor AT S"� G Eric . J son, City Administrator • 4