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Home My WebLink About2007 Memorandum Ackowledging Extension of SecurityMEMORANDUM ACKNOWLEDGING EXTENSION OF SECURITY ‘6))101A-C, On the 31 day of August, 2006 a Developer's Agreement was entered into by and between the City of Oak Park Heights and Oakgreen Villas, LLC, a Minnesota limited liability company. That Development Agreement affected the plat known as Oakgreen Village (Phase 1 thereof ) and was subsequently recorded in the office of the Washington County Recorder's office as Document No. 1175058. There were subsequent Consent and Subordination Agreements that were also executed by other property owners at that time, being Valley Senior Services Alliance, being recorded as Document No. 1175059 and a Consent and Subordination Agreement of Anchobaypro, Inc. recorded as Document No. 1175060. Oakgreen Villas, LLC has contracted with John Arkell representing Nova Scotia Villas, LLC for construction of 31 of the 67 original townhouse units approved in the aforementioned Developer's Agreement for construction on the site. That the City Council of the City of Oak Park Heights has agreed and consented that Nova Scotia Villas, LLC, represented by John Arkell, may be substituted for Oakgreen Villas, LLC as it affects the construction of the 31 of the 67 townhouse units affected. A true and correct copy of the action item passed by the City Council on the August 28, 2007 City Council calendar is annexed hereto as Exhibit "A" and incorporated by reference herein. That Oakgreen Villas, LLC under the August 31, 2006 Development Agreement with the City of Oak Park Heights did place financial security relative to its obligations to construct certain public infrastructure improvements as well as site improvements necessary to the construction of the townhouse units that were approved. Oakgreen Villas, LLC does hereby agree and acknowledge that the security as well as all other terms and conditions that were put in place relative to the obligations contained within the Developer's Agreement of August 31, 2006 affecting Oakgreen Village shall remain in full force and effect to secure full performance relative to those townhouse units that Developer is constructing, as well as the 31 townhouse units that are being constructed by John Arkell representing Nova Scotia Villas, LLC. That a default occurring from either Developer or John Arkell and/or Nova Scotia Villas, LLC as to any such townhome units or public infrastructure identified within the Developer's Agreement of August 31, 2006 will enable the City of Oak Park Heights to collect the security provided under the August 31, 2006 Development Agreement (or has been substituted pursuant thereto) for purposes of acting upon any default occurring under the terms of the Developer's Agreement by either Developer or Nova Scotia Villas, LLC and/or John Arkell. The parties hereto execute this document in recognition of that acknowledgment. Date: � //472 Date: Date: Date: g- 31 w rkell d/b/a Nova OA : i VILLAS, LLC Its otia Villas, LL `Exhibit A' City Council Resolution --- Arkell I Oakgreen Village Town -home Units Design Changes Adopted 8/28/07 follows, to wit: and and RESOLUTION NO. _. g--- 54 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CM COUNCIL THAT THE REQUEST BY JOHN AND CORY ARKELL, REPRESENTING NOVA SCOTIA VILLAS, FOR A REVIEW OF THE APPROVED PLANNED UNIT DEVELOPMENT ELOi 17iL' 1 \T AS IT RELATES TO BUILDING DESIGN FOR OAKGREEN VILLAS LOCATED AT NOVA. SCOTIA AVENUE AND 58 STREET BE APPROVED WITH +CONDMONS WHEREAS, the City of CO( Park Heights has received a request from John and Cory Arkell representing re it relates to building design for Oakgreen Villas located Nova Scotia Villas, for a review of the approved planned unit development as � building sated. at Nova Scotia Avenue and 58 Street; 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 oak Park Heights makes the following findings of fact and resolution: l.. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The Oakgreen Village planned unit development was approved by the City Council on May 23, 2006. The approvals included 67 residential townhomes as part of the first phase of the development; and 4. The applicants have requested changes to the interior layouts and building facades to 31 of the 67 townhome units; and 5. The site plan, building footprint, grading, landscaping and other site improvements will not be changed from the original approvals; and 6. The City has determined that the changes to the approved plans are minor and do not require an amendment to the planned unit development; and 7. Approval of the revised building plans will be required by the City Council and made a part of the record; and 8. The Plannin g Commission held a public hearing at their August 9, 2007 took comments from the applicants and public, closed the public hearing, and meeting, recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. application b The a lication submitted John and Cory Arkell, representing Nova Scotia Villas, for by a review of the approved planned unit development as it relates to building design for Oakgreen pp p � s� Villas located at Nova Scotia Avenue and 58 Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereb y approved roved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Planning Commission and City Council are favorable to the building design and buildin g materials provided on the plans for the 31 housing units to be known as Nova Scotia Villas. 2. All securities and p rovi sions of the Oakgreen Village planned unit development and the development agreement eement shall apply to the 31 housing units of Nova Scotia Villas. P � 3. An y changes es to building elevations, driveway locations, landscaping, lighting, or other site im p rovements from the original Oakgreen Village planned unit development shall be subject to review and approval of City staff 2007. Approved by the City Council of the City of lc A. John'o , City Administrator David Beaudet, Mayor 2 Heights this day of Wash. Co. GEO Code 05-029-20-14-00137 05-029-20-14-00138 05-029-20-14-00139 05-029-20-14-00140 05-029-20-14-00141 05- 029- -20 -14 -00142 05- 029 -20 -14 -00143 05- 029 -20 -14 -00144 05-029-20-14-00145 05-029-20-14-00146 05- 029-20 -14- 00147 05-029-20-14-00148 05- 029-20 -14 -00149 05-029-20-14-00150 05-029-20-14-00151 05-029-20-14-00152 05-029-20-11-00067 05-029 -20 -11 -00068 05- 029 -20 -11 -00069 05- 029 -20 -11 -00070 05- 029 -20 -11 -00071 05-029-20-11-00072 05-029-20-11-00073 05-029-20-11-00074 05-029-20-11-00075 05- 029 -20 -11 -00076 05- 029 -20 -11 -00077 05-029-20-11-00078 05- 029 -20 -11 -00079 05-029-20-11-00080 05- 029 -20 -11 -00081 Attachment A Legal Description L.1, B.1., Oakgreen Village 1.2, B.1., Oakgreen Village L.3, B.1., Oakgreen Village L.4, B.1., Oakgreen Village L.1, B.2., Oakgreen Village L.2, 13.2., Oakgreen Village L.3, B.2., Oakgreen Village L.4, B.2. Oakgreen Village L.1, B.3., Oakgreen Village L.2, B.3., Oakgreen Village L.3, 13.3., Oakgreen Village L.4, B.3., Oakgreen Village L.5, B.3., Oakgreen Village L.6, B.3. Oakgreen Village L.7, B.3., Oakgreen Village L.8, B.3., Oakgreen Village L.1, B.4., Oakgreen Village L.2, B.4., Oakgreen Village L.3, B.4., Oakgreen Village L.1, B.S., Oakgreen Village L.2, B.S., Oakgreen Village L.3, B.S., Oakgreen Village L.4, B.5., Oakgreen Village L.5, B.5., Oakgreen Village L.6 B.5. Oakgreen Village L.7, B.5. Oakgreen Village L.8 B.5., O akgreen Village L.1, B.6., Oakgreen Village L.2, B.6., Oakgreen Village L.3, B.6., Oakgreen Village L.4, B.6., O akgreen Village Physical Address 5802 Nutmeg Ct. N. 5804 Nutmeg Ct. N. 5 806 Nutmeg Ct. N. 5 808 Nutmeg Ct. N. 5 818 Nutmeg Ct. N. 5 816 Nutmeg Ct. N. 5 814 Nutmeg Ct. N. 5 812 Nutmeg Ct. N. 5836 Nutmeg Ct. N. 5834 Nutmeg Ct. N. 5 832 Nutmeg Ct. N. 5830 Nutmeg Ct. N. 5 828 Nutmeg Ct. N. 5 826 Nutmeg Ct. N. 5 824 Nutmeg Ct. N. 5 822 Nutmeg Ct. N. 13857 Upper 58 St. N. 13 861 Upper 58 St. N. 13865 Upper 58 St. N. 13 875 Upper 58 St. N. 13881 Upper 58 St. N. 13885 Upper 58 St. N. 13889 Upper 58 St. N. 13 893 Upper 58 St. N. 13 897 Upper 58 St. N. 13901 Upper 58 St. N. 13907 Upp er 58 St. N. 13 919 Upper 58 St. N. 13923 Upper 58 St. N. 13 927 Upper 58 St. N. 13941 Upper 58 St. N. Application Materials ATTACfIMENT B Site Plan & Design Guidelines Review Nova Scotia Villas aJ Oakgreen Village • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) � S taff ZJ on Application With City p pp lication Submittal: July 25, 2007 Planning Commission Review & Recommendation: August 9, 2007 NORTHWEST ASSOCIATED CONSULTANTS, 1NC,, 4800 Olson Memorial H ighvvay, Suite 202, Golden Valley, MN 65422 Telephone: 763.231 .2556 Facsimile: 763.23 1 .2561 planners z lnacpla nning, corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 2, 2007 RE: Oak Park Heights — Oakgreen Village: Nova Scotia Villas Modifications in Townhouse Buildings FILE NO: 798.02 — 07.08 BACKGROUND John and Cory Arkell, representing Nova Scotia Villas, have made application for a review of the approved Planned Unit Development for Oakgreen Villas as it relates to building design. The proposed changes to 31 of the 67 townhouse units, located in the south end of the development, will involve interior layout and building elevation changes only. The site plan, building footprints, grading, landscaping and other site improvements will not be changed from the original approvals. The Oakgreen Village Planned Unit Development was approved by the City Council on May 23, 2006. The approvals included 67 residential townhouse units as part of the first phase of the development. The 36 units (some of which are under construction) on the north end of the development will be constructed as planned. In that the site plans are not being changed, an amendment to the Planned Unit Development is not required. Staff has determined that the Planning Commission should make a recommendation, and the City Council approve the new design of the units. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Approved Master Plan with Phasing Location Map /Unit Layout Diagram Front Elevation Diagram Rear Elevation Diagram Side Elevation Diagram Approved (2006) Building Elevation Approved (2006) Building Elevation Color Building Elevations (Proposed) ISSUES ANALYSIS j Proposed Project. The applicants have requested replacing the approved design fir p � 31 of the Oakgreen Village townhouse units. The units are located at the south end of the , develo ment adjacent to Nova Scotia Avenue and the existing pond. John and p adjacent Arkell would take over this portion of the development from Tim \iolde. Only the interior layouts and exterior appearance of the units would change from what was approved. Sixteen of the units nearest Nova Scotia Avenue would be constructed in 2007. The remaining units would be completed in 2008. The buildings would utilize the exact footprints and floor elevations of the approved buildings. None of the driveways, grading, drainage or landscaping would be changed. Buildin g Design Materials. The proposed townhouses are three stories in height with front p orches and rear garage entrances. The elevations include asphalt shingles, premium acrylic remium siding, and brick fascia. The porches will have cedar railings and y stairs. Raised panel garage doors will also be used. The approvals for Oakgreen Village had specified a condition that vinyl lap siding could not be used but must be cement board or steel. The siding proposed for the new design is labeled as an "acrylic premium siding." Building samples will be provided for Planning Commission and City Council review. A determination will need to be made if this product is appropriate and allowable under the original approvals. Staff feels that the change of design is positive. The units feature more detailing and have a traditional row house or townhouse design that has been desired for this area. The only issue remaining is the choice of materials which should be a recommendation of the Planning Commission and decision by the City Council. CONCLUSION I RECOMMENDATION Staff recommends the change of building design for the 31 units of the Oakgreen Village Planned Unit Development with the following conditions: 1. The Planning Commission should comment on the building design and building materials of the 31 housing units to be known as Nova Scotia Villas. 2. All securities and provisions of the Oakgreen Village Planned Unit Development and the development agreement shall apply to the 31 housing units of Nova Scotia Villas. 3. 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