HomeMy WebLinkAbout2006-06-05 OPH Ltr to CA Forwarding Docs for RecordingCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007.Oak Park Heights, MN 55082 • Phone (651) 439 - 4439 • Fax (651) 439 - 0574
June 5 2006
Attorney Mark V ier l in g
Eckberg - Lammers
1809 Northwestern Ave., Suite 110
Stillwater, MN 55082
RE: Documents for Recording.
Mark,
Enclosed with this lever are three items, in original format, which 1 believe we are in need of recording
From your offices:
1) Second Amendment to the PUD for Fox Hollow East , LLB
2) Amendment to Fox Hollow East — Developer's Agreement
Developer's Ag nt for Pine Grove Garde ' elan s to his ` e i the . rs have been
Please let me know if you nee • other documentation.
ric Jo on
Cc: Related Pl= ng Files
t If70'r
FD4: (41,111),LI
DA as been g -n to Greg i son,
Planner's File No.:798.02 -04.04
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 1 and 2, Block 1, Lot 1, Block 2, and
Outlots 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
CITY OF OAK PARK HEIGHTS
SECOND AMENDED
PLANNED UNIT DEVELOPMENT
FOR
FOR FOX HOLLOW EAST, LLC
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
Date Issued August 24, 2004
Amended: July 26, 2005
Second Amendment: June 2. , 2006
'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. 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 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 60 Street.
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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.
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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.
TIE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE
FOLLOWING PAGES ARE TFIE SIGNATU RE AND NOTARY PAGES.
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Dated: 6 7 6
STATE OF MINNESOTA }
) ss
COt.]NTY O 1 - i }
The foregoing instrument was acknowledged before me this day of June, 2006, by
David Beaudet, the Mayor of the CITY OF OAK PARK HEIGHTS, a Minnesota municipal
corporation, on behalf of the municipal corporation.
JULIE R. JOHNSON
NOTARY PUBLIC - M1NNESOTk
4 my comnission Expire--; Jan: 31. 2R
CITY OF OAK PARK HEIGHTS
(a Minnesota municipal corporation)
B
D yid Beaudet
Its: Mayor
This is a signature and notary page to that certain City of Oak Park Heights, Second
p
Develo ment for Fox Hollow East, LLB dated June 2-
Amended, Planned Unit e 2006.
5
Dated:
01„.
Fox Hollow East, LLC
(a Minnesota limited liability company)
STATE OF MINNESOTA )
) ss
COUNTY Yl
CO NTY CAF l )
3 acknowledged before me this day
The foregoing instrument was acl�no g y of June, 2006, by
Jeff 0. Hause, the Chief Manager of Fox Hollow East, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
JULIE R. JOHNSON �
NOTARY PUBLIC a MINNESOTA
My • � . Commission Expires Jan. 31, 2010
6
Its: Chief Manager
17,)
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 , 2006.
Dated:
STATE OF MINNESOTA )
}ss
COUNTY O F n n
:.. JULIE R. JOHNSON
'. �► •`= NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Fox Hollow East Master Association
(a Minnesota non- profit corporation)
By:
VW 1
Jef . I au :e
Its: 'resident
. 1:411
The foregoing instrument was acknowledged before me this day of June, 2006, by
.Ieff G. I Iause, the President of Fox Hollow East Master Association, a Minnesota non- profit
corporation, on behalf of the non- profit corporation.
Notary blic
This is a signature and notary page to that certain City of Oak Parr. Heights, Second
Unit Development, for Fox Hollow East, LE dated June "
Amended, Planned Iln p , 2006.
7
FIRST AMENDMENT TO
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
AMENDED DEVELOPER'S AGREEMENT'
THIS FIRST AMENDMENT TO CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA, AMENDED DEVELOPER'S AGREEMENT ( "First Amendment ") is
made this i day of June, 2006, by and between the City of Oak Park Heights, a Minnesota
municipal corporation ({City "), a Fox Hollow East, LLC, a Minnesota limited liability company
( "Developer "), and Fox Hollow East Master Association, a Minnesota non-profit corporation
( "Association ").
RECITALS
A. The Developer made application to the City for approval of a planned unit
development permit, comprehensive plan amendment and for a plat approval of land within the
corporate limits of the City ( "Subdivision "), described as follows:
OUTLOTS A, B, and C,
Lots 1 and 2, Block 1
and
Lot 1, Block 2
FOX HOLLOW PUD
1 This document effective amends the amended Developer's Agreement recorded as Doc. No.
3545480 recorded in the office of the County Recorded in and for Washington Count y,
Minnesota.
B. The City had, on August 24, 2004, granted original approval to the Subdivision and
approved related permits, on the condition that the Developer enter into that certain development
agreement dated April 22, 2005, recorded on June 3, 2005, as Document Number 3517351, which
was amended and restated by that certain amended development agreement dated October 7, 2005,
recorded on October 12, 2005, as Document Number 3545480 (collectively, "Development
Agreement "), which is incorporated herein by reference and amended by this First Amendment.
C. Unless otherwise defined herein, all capitalized terms used in this First Amendment
shall have the same meanings as defined in the Development Agreement.
D. The Development Agreement stipulated the conditions for the installation of street,
water, sewer and other public improvements as well as the development of on -site improvements, all
in accordance with the terms and conditions set forth therein.
E. Subsequent to the recordation of the Development Agreement, Outlots A, B, and C
were transferred to the Association.
F. The parties hereto wish to clarify certain teams and conditions of the Development
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The above - stated recitals are true and correct and are incorporated herein by
reference.
2. Section 6, GENERAL, subsection B8 on page 12, which reads "At least one van
accessible stall shall be provided, in addition to the two stalls shown on the plan, for the office
building. The City Engineer shall comment on the parking stall dimensions within the office building
parking garage ", is hereby deleted in its entirety from the Development Agreement and replaced as
follows:
8 At least two van accessible stalls shall be provided, as shown on the plan, for
the office building.
2
3. Section 6, GENERAL, subsection B2 on page 13, which reads "Lot 1, Block 1 shall .
be merged with the adjacent lots for tax purposes and deed restrictions shall be placed upon the lot so
no construction can occur on the property in the future. The lot merger and deed restriction
documents shall be subject to the review and approval of the City Attorney ", is hereby deleted in its
entirety from the Development Agreement and replaced as follows:
2. 0u 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.
The lot merger and deed restriction documents shall be subject to the review
and approval of the City Attorney.
4. Section 6, GENERAL, subsection P on page 16, is hereby deleted in its entirety from
the Development Agreement and replaced as follows:
P. Outlots A, B C and Lot 1, Block 1. The Outlots A, B and C of the
Subdivision which contain the internal streets and storm water retention
facilities shall be merged into a single tax parcel, for payment of real estate tax
obligations to the City and Washington County. A confirmation of merger
will be provided by the Developer to the City within 10 days following release
of the plat for recording by the City. Outlots A, B and C shall be cumulatively
regarded by the City as a single indivisible parcel for all purposes under the
City's ordinances and land development codes and no further subdivision or
development thereon shall be allowed. The use and development of Lot 1,
Block 1, is restricted to provide exclusive parking for Lot 1, Block 2. All
other development rights to Lot 1. , Block 1, are waived and released by this
First Amendment. 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.
5. Reaffirmation. Except as expressly set forth in this First Amendment, City, Developer
and Association hereby acknowledge, restate and reaffirm all other representations, warranties and
covenants stated in the Development Agreement. Except as expressly modified by this First
Amendment, all other terms and conditions of the Development Agreement shall continue unmodified
and remain in full force and effect.
3
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the day and year first above written.
THE FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES.
4
STATE OF MINNESOTA
COUNTY OF
� ss
Luft,in >
0
0
JULIE R. JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
CITY OF OAK PARK HEIGHTS
(a Min ota mun 'pa ' orporation)
By:
David Beaudet
Its: Mayor
n acknowledged before me this 1 da of June 2006, b
The foregoing instrument was g day � by David
Beaudet, the Mayor of the CITY OF OAK PARK HEIGHTS, a Minnesota municipal corporation, on
behalf of the municipal corporation.
Notary Public
ittuvci—)
This is a signature and notary page to that certain First Amendment to City of Oak Paij
Heights, Washington County, Minnesota, Amended Developer's Agreement dated June
2006.
5
STATE OF MINNESOTA )
ss
COUNTY OF Mt S,/A- fbAn )
`► �* #� . JULIE R. JOHNSON
.
� _,ti•��
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2010
Fox Hollow East, LLC
(a Minnesota limited liability company)
ir
Je '.'`au
Its: Chief Manager
6
5-111 6 Jeff The foregoing instrument was acknowledged befo e me thi day of June, Zoo , by
G. Hause, the Chief Manager of Fox Hollow East, LLC, a Minnesota limited liability company, on
behalf, of the limited liability company.
i
Notary Public
This is a signature and notary page to that certain First Amendment to City of Oak Par
Heights, Washington County, Minnesota, Amended Developer's Agreement dated June 3
� � g
2006.
STATE OF MINNESOTA
COUNTY OF Ski:0
acknowledged before me this 5� day of June 2006, b
The foregoing instrument was g y by Jeff
G. Hause, the President of Fox Hollow East Master Association, a Minnesota non-profit corporation,
on behalf of the non-profit corporation.
JULIE R. JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Fox Hollow East Master Association
(a Minnesota non - profit cozporation)
By
J "G
This is a signature and notary page to that certain First Amendment to City of Oak Par
Heights, Washington County, Minnesota, Amended Developer's Agreement dated June ,
7
a
e
Its: President
Notary Public
��l
2006.
8