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HomeMy WebLinkAbout08-08-35 RESOLUTION NO. M R _ as _ 3 5 OF THE 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 ANCHOBAYPRO, INC. FOR A PLANNED UNIT DEVELOPMENT FOR PHASE 1 OF THE OAKGREEN VILLAGE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58"" STREET TO CHANGE THE NUMBER OF DWELLING UNITS AND SITE PLAN BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde representing Anchobaypro Inc. for a Planned Unit Development for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58 Street to change the number of dwelling units and site plan; 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 planned for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase I 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. The subject area is directly north of the ponding area and was approved for 15 attached townhome sites in three buildings. The applicant now proposes one three unit building and two two unit buildings; and 7. City staff prepared a planning report dated August 6, 2008 reviewing the request for a planned unit development for Phase 1; and 8. The August 6, 2008 planning report 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 August 14, 2008 meeting, took comments from the applicants and public, closed the public hearing, and recommend 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 representing Anchobaypro Inc. for a Planned Unit Development for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58 Street to change the number of dwelling units and site plan 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 Ponds 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 trail and crosswalk at 58 Street and Oakgreen Avenue shall cross 58 Street to the south. 4. The tree preservation and landscape plans are subject to review and approval of the City Arborist. 5. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater plans are also subject to review and approval by the applicable watershed authority. 6. The buildings shall comply with the requirement for a 20 foot setback from the private street. The site plan shall be revised subject to City Council approval. 2 7. 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. 8. The Planning Commission is favorable to the building design with the stipulations that the dormers on the front elevations be increased in size, shake siding be used on the gables of the front and rear elevations and the gable ends of the rear elevation be provided a vertical element from the roof eve to the foundation. The City Council should review and approve the final design and materials for the townhome structures. 9. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 10. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 11. The applicant shall provide all association duties and maintenance until the completion of Phase 1. 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. 12. The applicant shall be required to disclose the entire development plans to include the • Carriage House Cooperative 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. 13. 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. Approved by the City Council of the City of Oak Par is this 26th day of August 2008. eau de Mayor TTE E 'c . Johnson, City Administrator 3 ATTACHMENT A Planned Unit Development Amendment Oakgreen Village — Oak Park Ponds Legally described as: Lots 1 & 2, Block 1, Oak Park Ponds Lots 1 — 3, Block 2, Oak Park Ponds Lots 1 & 2, Block 3, Oak Park Ponds Multiple Washington County GEO Codes: Within NL' /4 of Section 5, Township 29, Range 20 Page 84 of 86 ATTACHMENT B Planned Unit Development (PUD) Amendment Oakgreen Village — Oak Park Ponds Application Materials Application Form 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: July 30, 2008 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment, - 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 the may be revoked by o ai c nance I action.d of an approved General Concept Plan, (401.06.C.2.e) Page 85 of 86