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Home My WebLink About2003-01-28 CC Resolution #03-01-09and RESOLUTION NO. 03; �01- 09 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE BY VALLEY SENIOR SERVICES ALLIANCE (VSSA) FOR VACATION OF STREET RIGHT -OF -WAY AND DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE FINAL PLAT OF McKEAN WEST AND THE CONSTRUCTION OF EIGHT HOUSING UNITS ON NOLAN AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from VSSA for vacation of street right-of-way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing units on Nolan Avenue in Boutwells Landing; 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: 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 3. On September 24, 2002, the City Council approved an amendment of the Boutwells Landing concept /general plan of development and rezoned the area to PUD District; and 4. Valley Senior Services Alliance has submitted a preliminary and final plat in compliance with Chapter 402, the Subdivision Ordinance of the City of Oak Park Heights; and 5. On October 22, 2002, the City Council approved the preliminary and final plat titled McKean West; and 6. The requested vacation of street right-of-way and drainage and utility easements is required before the final plat of McKean West can be recorded; and request; and 7. City staff prepared a memorandum dated January 9, 2003 reviewing the 8. The memorandum dated January 9, 2003 recommended that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their January 16, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to 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 applications submitted by VSSA for vacation of street right-of-way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing units on Nolan Avenue 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 subject to the following conditions: 1. The vacation of street right-of-way and drainage and utility easements shall be subject to City Attorney and City Engineer review and approval. 2003, ATTEST: Approved by the City Council of the City of Oak Park Heights this 28 day of January Judy olst, � ting City Administrator 2 6' eaudet, Mayor EXHIBIT A LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO OUTLOT B That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota lying southwesterly of the following described line: Commencing at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, being the point of beginning of the line to be described; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan Avenue North, and said described line there terminating. Excepting from said vacated portion of Nolan Avenue North described as follows: Beginning at the southerly most corner of said Lot 1, Block 4; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO LOT 1 BLOCK 4 That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: Beginning at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION DRAINAGE AND UTILITY EASEMENTS All of the platted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota, CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439 4439 Fax: (651) 439 -0574 NO. 14 NOeri/ Legal Description of Property � d � � ,� lo 5 Street Location of Property Owner: Name V.SS Address: a r46 Cit ' O evi Telephone: (Home) (Fax) 6 ,s7 4:/-Wo?- Applicant: Name E AK s , Ad d res " F445 /1) o aft ?Fte„... • State City: 1 � � Zip: . --,c . co i n 1 C1 Telephone: (14eme) (Business (Fa k57 /- 6-S o z., (Other).12/1_ F04 Type of Request(s) Zoning District Amendment Conditional Use Permit Variance: Single Family Residential Site Plan Review Variance: Other ResidentialJCommercial l]ndustrial PUD: Amendment Subdivision PUD: Concept Plan • Subdivision: Minor ____ PUD: General Plan Comprehensive Plan Amendment X . Street Vacation Description of Request(s): �P Owner/Applicant Initials ATTACHMENT B Base Fee: /Q � Escrow Amount: State: Mill Zip: ,5".S// (Business) X05/ 4'3 / - 6/DD Other) Home Occupation ete.0 C If a request for planning /zoning action on the subject site or any part thereof has been previously approved, ple se describe it Belor � e&,0 � Coh C.�� c�inct � h `zr� � l�t � • Y�•/i• ih.aY Gin :F),(e/ P/al • ciLP Applicant Signature Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Sixty (60) Day Waiver The City hereby notifies the applicant that development review may not be completed within the required 60 days due to public hearing requirements and agency review; therefore, the City is exercising an automatic 6O day extension development review. Development review will be completed within 120 days unless additional review extensions are approved by the owner /applicant. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. if payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid *prior 'to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 S of each year. r Property Addresse r I - 1 • ti Owner Signature ,2 0 OOL Date: (J ? c 2,0 / Q6 2 Date: 1 Fo • • LAND SURVEYING • LAND PLANNING 5620 MEMORIALAVENUE NORTH ' STILLWATER, MINNESOTA 55082 (651) 439 -8833 Fax (651) 430-9331 David L. Dupay, LS President Timothy J. Freeman, LS Bruce A. Ritz, LS Vice President 1939 ---2001 LEGAL DESCRIPTION VACATE DRAINAGE AND UTILITY EASEMENTS All of the p latted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. LEGAL DESCRIPTION VACATE PORTION OF NOLANA VENUE NORTH That p art of platted Nolan Avenue North from BOUTWELLS LANDING - , according to p the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota lying southwesterly of the following described line: • Commencing at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, bein g point beginning the int of be g of the line to be described; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve lo int on the southeasterly line of said Nolan Avenue North, and said described line there terminating. 1 hereby certify that this legal description was prepared by rne, or under my direct supervision, and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Timothy J. 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