HomeMy WebLinkAbout2005-10-07 Fully Executed Amended Developer's AgreementCI'T'Y OF OAK PARK HEIGHTS
AMENDED
PLANNED UNIT DEVELOPMENT
FOR
FOX HOLLOW EAST LLC
Planners Pile No.: 798.02 -04.04
Date Issued: Au ust 24 2004
AMENDED July 26, 2005
Legal Description: (Washington County Geo. Code #'04.029.21.11.0125; 0 126; 0 127, & 0128)
Formerly
OUTLOT A, EAST OAKES P.U.D, Common Interest Community Number 98
East Oakes Townhomes,
Now
Lots 1 and 2, Block I. Lot I Block 2, and
Outlots A. B, and C
Fox Hollow P.U.D.
Owner: FOX HOLLOW EAST LLC
Address: 1937 Greeley St. So
Stillwater, MN 55082
SITE ADDRESS: Not YetAssig gee
Present .Zoning District: Combined B -2 and RB
Permitted uses set forth in ordinance 401 Section 401.30 and 40 1.28
I. CONDITIONAL USE PERMIT Pope
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 5 2004 which are as follows:
' This document effectively replaces the original PUD Permit Document recorded as Doc No. 3517351 in the office of the County
Recorder in and for Washington County Minnesota.
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1. The 25 foot front yard setback for the office buildings 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 shall be paid at time of finalization of the final plat and development
agreement.
6. The MnDOT permit for access to 60th 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 one van accessible stall shall be provided, in addition to the two stalls shown on the plan, for the
office buildings. The City Engineer shall comment on the parking stall dimensions within the office
building parking garage.
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 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 Arb on st.
13. The applicant shall add additional plant material directly adjacent to the condominium building to reduce
the mass and scale of the elevations subj ect to review and approval of the City Arborist.
14. The applicant shall construct an extension of sidewalk on the west side of the westerly office building to
6 oth Street.
15. The applicant shall provide plans for pool area lighting and the 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 Ordinance.
17. All of the monument signs shall be allowed at a maximum height of eight feet.
18. The building design is consistent with the Design Standards.
19. A development agreement shall be required between the City and applicant subject to review and
approval of 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
buildings is acceptable as part of the general plan of development approval.
2. 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 subj ect to review and approval of the City Attorney.
3. The parking lot drive aisles shall be properly signed as one -way where applicable. The parking lot
signage plan shall be subject to review and approval of the City Engineer.
4. The grading and drainage plans shall be subject to review and approval of the City Engineer and
applicable watershed district.
5. The utility plans are subject to 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.
11. All conditions approved by the City Council on August 24, 2004 for the Fox Hollow development
general plan of development approval.
12. The use and development of Lot 1 Block 2 is exclusively restricted to providing parking for Lot 1 Block 1.
All other development rights to Lot 1 Block 2 are waived and released by this agreement. 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. Developer shall also execute necessary documents to merge into a single tax
parcel with the office of the Washington County Auditor - Treasurer, Lot 1 Block 1 and Lot 1 Block 2, Fox
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Hollow PUD.
II. Reference Attachments:
Au 5, 2004 Planners Report NAC
Au 17, 2004 En Report -Bonestroo
March 17, 2005 En Report- Bonestroo
March 28, 2005 En Report-Final Plat Review-Bonestroo,
Public Walkwa and Sidewalk Easement and A
Jul 7, 2005 Planners Re AC
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IN WITNESS WHEREOF, the parties have set forth their hands and seals.
I I , () 6
Date: '� (j
Date:
Date: October 7, 2005
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Date: October 7, 2005
By fi,-
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FOX HOLLOW EAST LLC
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