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HomeMy WebLinkAbout2011-11-29 CC Meeting Packet Enclosure Oak Park Heights Request for Council Action Meeting Date i November 29 2011 Time Required: 10 Minutes Agenda Item Title: Oak Park Heights — Oak Park Senior Living Phase 11 — Planned Unit Development Amendment Agenda Placement New Bias sic . Originating Department/Reque:.- Er' Johnson, City Administrator Requester's Signature Action Requested �. e Attached Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached documents from Mr. Scott Richards / TPC: 1. Planning Report from Scott Richards, TPC dated Nov 3" 2011 2. Recommending resolution by the City Planning Commission - Unsigned 3. Proposed City Council Resolution. TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763,427.0520 TPC @PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: November 3, 2011 RE: Oak Park Heights — Oak Park Senior Living Phase II — Planned Unit Development Amendment TPC FILE: 236.02 —11.07 BACKGROUND Tim Nolde, representing Green Twig LLC /Anchobaypro, Inc has submitted an application for amending the Carriage CO -OP Planned Unit Development (PUD) to allow an increase in the number of dwelling units from 48 to 96 units. The project would now be a senior rental instead of a cooperative. The proposed project is at Oakgreen Avenue and 58 Street North. The building is to be placed in the same location as the approved Carriage CO -OP but the interior of the building would be reconfigured to accommodate senior rentals. The previously approved building was to be constructed with two stories. The plans as provided below indicate the building will now be three stories. The general plan approval for the Carriage CO -OP project was recommended by the Planning Commission on May 14, 2009 and approved by the City Council on June 9, 2009. The review is based upon the following submittals: Exhibit 1: Existing Conditions (Sheet 1) Exhibit 2: Layout Plan/Traffic /Parking Plan (Sheet 2) Exhibit 3: Site Drainage /Grading Plan (Sheet 3) Exhibit 4: Utility Plan (Sheet 4) Exhibit 5: Lighting Plan (Sheet 5) Exhibit 6: Site Plan /Landscape Plan (AS1) Exhibit 7: Overall Tree Plan — Landscape Plan (L1.0) Exhibit 8: Building 4 Landscaping Plan (L1.1) Exhibit 9: Parking Level Building 4 (A1.0) Exhibit 10: 1 Floor Plan Building 4 (A1.1) Exhibit 11: 2 Floor Plan Building 4 (A1.2) Exhibit 12: 3rd Floor Plan Building 4 (A1.3) Exhibit 13: Unit Plans (A2.0) Exhibit 14: Building 4 Elevations (A3.0) Exhibit 15: Building 4 Elevations (A3.1) Exhibit 16: Oakgreen Avenue Looking North (Color) Exhibit 17: Project Narrative from Todd Erickson, FFE, September 13, 2011 Exhibit 18: Memo from Kathy Widin, City Arborist Exhibit 19: Memo from Chris Long, City Engineer PROJECT DESCRIPTION Todd Erickson of Folz, Freeman and Erickson, Inc, the project engineer has provided the following narrative related to the request for the PUD amendment: "On behalf of my client, Mr. Tim Nolde, we are submitting documentation for the revision or amendment to the Carriage CO -OP PUD. The proposed submittal changes the previously approved building to 96 total units. Also, changes to the site layout have been made to accommodate the revisions of Phase 1 of the Project and incorporates more usable outdoor space, with the creation of a small park and gazebo area. Additional exterior parking has also been added to the revised site plan. We also request an extension to the TIF Financing, to postpone construction for two additional years. This delay would allow for us to finalize the remainder of the site as proposed in the Oak Park Senior Living Phase I portion of the project and meet the anticipated market conditions." There are 96 units proposed in a three story building. The approved PUD for the Carriage CO -OP was a total of 48 in a two story building. ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: Present Zoning — B -4, Limited Business District Present Use — Oakgreen Commons (120 Units Senior Living) Townhomes and Condominiums and the Xcel Energy power line easement 2 South of Site: Present Zoning — 0, Open Space and R -1 Single Family Residential District Present Use — City park land and a single family neighborhood West of Site: Present Zoning — B -4, Limited Business District Present Use — Lowe's /CSM Commercial development East of Site: Present Zoning — 0, Open Space and R -3 Multiple Family Residential Present Use — Townhomes and Oakgreen Avenue Comprehensive Plan. The 2008 Comprehensive Plan designates this area as medium density residential. The proposed increase in number of units places the area into a high density residential classification for land use purposes. A Comprehensive Plan change would be required. The Planning Commission and City Council should comment on the land use classifications and whether the Comprehensive Plan should be revised to accommodate this development. Zoning. This property has been designated as B -4, Limited Business District which accommodates residential development as a conditional use. As such, the underlying base zoning district is B -4, Limited Business District with a PUD overlay. The B -4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. The performance standards of the R -3 Multiple Family District must be complied with for residential development in the B -4 Limited Business District. Subdivision. The existing Oakgreen Village plat will remain for this property. Park Dedication. Park dedication has been satisfied for this area. The applicant paid the maximum percentage (14 %) of equivalent cash value as part of the original approvals in 2006. Project Density. Section 401.15.C.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Elderly housing requires 1,000 square feet of land area per unit excluding right -of -way and wetlands. The multiple family requirement is 2,500 square feet per unit. The project total including what is proposed, the already constructed units and the Oakgreen Commons project is a density of 2,200 square feet per unit. As long as the project stays as a senior rental complex it would meet density requirements of the Zoning Ordinance. The development agreement will need to include a provision to assure that the project remains as senior rental and is not converted to non restricted rental housing. Proposed Street/Access. The existing roadway system that was developed for the Oakgreen Village and Oakgreen Commons projects will remain in place. Access into Building 4 will be from the existing private roadway through a parking area and into the 3 front of the development. The access to the underground garage shall remain as originally planned directly opposite the entrance to the Oakgreen Commons building. Trails /Sidewalks. The Trail Plan as attached includes the locations of the existing eight foot bituminous public trails and the proposed and existing five foot concrete sidewalks. The combination of the trails and sidewalks should provide adequate access throughout the development to Building 4 and connections to the surrounding public trails. The Planning Commission should comment about the proposed sidewalks and connections to the existing trail system. Private Park. A private landscaped area with a gazebo is proposed between Buildings 3 and 4. No active play equipment is proposed due to the nature of the development as senior rentals. Setbacks. Within a PUD, the base district setback requirements (R -3) are applied only to the perimeter of the project. The R -3 District specifies setback requirements as follows: 30 feet front yard, 30 feet rear yard, and 20 feet side yard. If the lot is in a corner, not Tess than 30 feet from a lot line is required for side yards. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance specifies that no building within the project shall be nearer to another building by one -half the sum of the building heights of the two buildings. Building 4 will be located, at its closest point, 24 feet to the right of way line of Oakgreen Avenue. The Oakgreen Commons building is located 40 feet from the right of way line (the patio is 20 feet). The City Council specified this setback distance for Oakgreen Commons in that the structure was planned for four stories. Now that Building 4 is three stories with a height of 38 feet, the building should at least be setback 30 feet as specified for the R -3 District or the 40 feet to be consistent with the Oakgreen Commons building. The PUD allows the City to specify setbacks that may differ from the ordinance. The setback from the 58 Street right of way for Building 4 is planned at 32 feet 9 inches. The Planning Commission and City Council should discuss these two setbacks distances and provide direction to the applicant. Tree Preservation /Landscaping. The applicant has provided a general landscaping plan as well as detailed plans for the foundation plantings around each building. The City Arborist has reviewed the plan in memo as attached. The plans shall be subject to the final approval of the City Arborist. Grading and Drainage. Detailed grading and drainage plans have been provided as part of the development submittals. The City Engineer and the applicable watershed authority shall review and approve all of the grading and drainage plans. 4 • Utilities. A detailed utility plan has been submitted. The final utility plan is subject to review and approval of the City Engineer and Public Works Director. All of the utilities within the development shall be private but built to City specifications. Lighting. A lighting plan has been provided that includes street Tight fixture specifications and locations within the private street network. Some of the street lights are in place and others are proposed. The proposed light fixture is identical to what has been used previously. It is a full cut -off fixture with a flat lens. The street lights will be maintained and all electricity costs will be paid for by the developer /homeowners association. The plans indicate the wall light fixtures to be used on each of the proposed buildings. These fixtures are the same as what was approved for the Oakgreen Commons project. As part of the PUD approvals, the City Council will need to determine of these fixtures are appropriate in that they are not full cut off. A photometric plan has been provided that is compliant with the light intensity requirements of the Zoning Ordinance. Signage. No additional signage has been proposed other than the monument signs on each of the two entrances from Nova Scotia Avenue and at the corner of 58 Street and Oakgreen Avenue. The applicant shall submit plans for these signs that are subject of City approval. Traffic. The applicant has provided projected vehicle count information for the proposed development in the Master Plan and Traffic Analysis. The traffic numbers are subject to review and approval of the City Engineer. Parking. The Zoning Ordinance requires the following for elderly housing: "m. Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking space per unit. Initial development is, however, required for only one -half (1/2) space per unit and said number of spaces can continue until such time as the City considers a need for additional parking spaces has been demonstrated." A review of the proposed parking is as follows: Building Surface Stalls Underground Stalls Building 4 68 98 With a total of 166 stalls, and 96 dwelling units, Building 4 will comply with ordinance standards for elderly parking and leave additional spaces for guest parking. 5 Snow Storage. The plans indicate areas for snow storage. The City Engineer should comment on the adequacy of these areas. Mechanical Equipment. The applicant's architect has indicated that the mechanical equipment is located within the buildings. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. Trash /Recycling. All of the. trash storage and recycling will be internal to the buildings. The design of the driveway for building accommodates roll out containers for pickup. Building Height. Building 4 with three stories will be 38 feet to the midpoint of the gable roof in accordance with the definition of building height. The building will not be in conformance with the 35 foot height requirement of the Zoning Ordinance. The Zoning Ordinance allows building heights in excess of three stories or 35 feet within the B -4 Zoning District as a conditional use. The proposed height of Building 4 can be pursued as a conditional use permit as part of the PUD. Three Bedroom Units. Within the development, most of the units are either one or two bedroom. All of the units in Buildings 1, 2 and 3 are one and two bedroom and none of the two bedroom units have a den. Two of the one bedroom units in Building 3 have dens. There are six units in Building 4 that are two bedroom with a den. Three units in this building have one bedroom and a den. Staff is concerned that the den units in the one and two bedroom units could bedrooms with a later addition of a closet. It is recommended that a condition be placed in the approvals that none of the den units be converted to a bedroom with the addition of a closet. Architectural Appearance. The application materials indicate elevations and perspective diagrams from various locations surrounding the development. From the initial submittal, the project architect has greatly improved the appearance of the building and has added architectural feature detailing and colors that were not present with previous diagrams. The Planning Commission, in their workshop review of the plans, indicated that the buildings be given more distinction so that they were not all the same in color and style. The perspective diagrams were requested to better indicate an actual view of the development. The Planning Commission should comment on the revised plans and determine if the applicant has provided enough distinction and difference in style between structures. The plans indicate the material types and specify colors. The project architect will provide a building materials board for review and the Planning Commission meeting. The residential units are not required to be reviewed under Design Guideline requirements, but as part of the PUD, the City can comment and require design and material changes. The Planning Commission and City Council shall comment further on the building appearance and materials as part of the review. 6 B -4, Limited Business Standards. Section 401.301.E.9 of the Zoning Ordinance provides the CUP standards for allowing residential use in the B -4 District. The standards are as follows: Two family, townhomes and multiple family dwellings provided that: a. At least two parking spaces per unit must be provided for on site, or proof is shown of arrangements for private parking nearby. The development will comply with the specific Zoning Ordinance requirements for senior housing. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. The development could be converted to future office use, but highly unlikely. c. Unit floor areas must comply with Section 401.15.C.6. All of the units are at least 600 square feet for one bedroom and 720 square feet for two bedrooms as required by the Zoning Ordinance. d. Compliance with conditional use requirements of Section 401.03.A.8. The requirements will be complied with. e. The development does not conflict with existing or potential future commercial uses and activities. There would be no conflict. f. The density, setbacks, and building height standards imposed as part of the R -3 Zoning District are complied with. The building setbacks are not consistent. This will need to be addressed in revised plans. The Planning Commission and City Council will need to comment on the setbacks and project density. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. I Adequate open space is provided. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. No incompatible land use arrangements are created. 7 i. Residential use can be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. All standards will be complied with. j. Residential and non - residential uses shall not be contained on the same floor. Not applicable. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. Not applicable. The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City Council. The Planning Commission and City Council should comment on the architectural appearance. Demolition Clause. At their workshop meeting, the Planning Commission discussed the long term maintenance, appearance and functionality of the site as rental housing. It was suggested that the City place a demolition clause in the PUD approvals and the development agreement. This would state that once the site has exhausted its useful life that the buildings would need to be demolished in 40 or 50 years. This is done frequently for big box commercial sites that are often abandoned after 10 or 20 years once the same big box retailer opens another new store a few miles away. It is not that common to utilize a demolition clause for multiple family housing in that the useful life of this type of structure is usually much longer. The Planning Commission should consider this further. In the alternative, the City could implement a rental registration and inspection program that would provide the City more authority in assuring that the property is maintained and kept safe. The City Council has considered this option in the past and could be another method of addressing the long term viability of the multiple family housing stock in the City. Development Contract. The applicant will be required to enter into an amended development contract with the City should approval of the general plan of development be granted. The development agreement shall be subject to review and approval of the City Attorney. 8 CONCLUSION / RECOMMENDATION Based upon the preceding review, City staff recommends that the Planning Commission review the issues raised with density, height of the building and setbacks prior to proceeding with a final recommendation. A change in setbacks from what is shown in the plans could potentially significantly affect the site plan and potentially the numbers of dwelling units that can be included in the building. Additionally the Planning Commission previously had limitations regarding the architectural appearance of the structures. This may also impact their recommendation. If the Planning Commission is ready to make a recommendation on the amended PUD please find as follows a list of suggested conditions: 1. The Planning Commission and City Council shall discuss the land use classifications and determine if the property should be designated has high density residential in the Comprehensive Plan. 2. The Planning Commission and City Council shall comment on the proposed density of the project. 3. The development agreement shall include a provision that the Oak Park Senior Living Phase II will remain as senior rental and shall not be converted to non restricted rental housing. 4. The Planning Commission and City Council and shall comment on the proposed private and public trail system. 5. The setback for Building 4 should be moved at least 30 to 40 feet from the right of way line of Oakgreen Avenue. The Planning Commission and City Council should comment on that setback as well as the setback to 58 Street. 6. All tree removal and landscape plans shall be subject to review and approval of the City Arborist, 7. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 8. All utility plans shall be subject to review and approval of the City Engineer. 9. The Planning Commission and City Council shall determine if the non shielded, residential style light fixtures are appropriate. 10. The applicant shall submit any plans for new signage subject to City approval. 11. The traffic numbers are subject to review and approval of the City Engineer. 9 12. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 13. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 14. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 15. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 16. The Planning Commission and City Council shall comment on the 38 foot height of Building 4 as part of the PUD approvals. 17. The den rooms in the dwelling units shall not be converted to bedrooms with the addition of a closet. 18. The Planning Commission and City Council shall comment on the final building appearance, colors, materials and the variety between buildings. The applicant shall provide a materials board for all of the buildings to be discussed at the Planning Commission and City Council meetings. 19. The Planning Commission and City Council shall discuss including a demolition clause into the PUD approvals and development agreement. 20. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 21. Any other conditions of City staff, the Planning Commission and the City Council. 10 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT FOR OAK PARK SENIOR LIVING PHASE II (FORMERLY CARRIAGE HOUSE CO -OP) ALLOWING AN INCREASE IN THE DENSITY AND BUILDING HEIGHT AT OAKGREEN AVENUE AND 58 STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request for a Planned Unit Development amendment as it relates to the Oak Park Senior Living Phase II (formerly Carriage House CO -OP) allowing an increase in the density and building height at Oakgreen Avenue and 58 Street North; after having conducted a public hearing relative thereto, the Planning Commission 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 and 3. The property was approved by the City Council for a Planned Unit Development, general plan by the City Council on June 9, 2009; and 4. The Carriage House CO -OP was approved with 48 units in one, two story building; and 5. The Planned Unit Development amendment for Oak Park Senior Phase 1I includes a total of 96 units in one, three story building; and 6. The building is proposed with setbacks of 24 feet to the right of way of Oakgreen Avenue and a building height of 38 feet; and 7. City Staff prepared a planning report dated November 3, 2011 reviewing the request; and 8. Said report recommended approval of the amended Planned Unit Development subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their November 10, 2011 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS 'THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted for a Planned Unit Development amendment as it relates to the Oak Park Senior Living .Please II (formerly Carriage House CO -OP) allowing an increase in the density and building height at Oakgreen Avenue and 58 Street North and affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park I- Ieights approval of the application subject to the following conditions: 1. The Planning Commission recommends the property should be re- designated from medium density to high density residential in the Comprehensive Plan. 2. The Planning Commission was favorable to the proposed density of the project. 3. The development agreement shall include a provision that the Oak Park Senior Living Phase I1 will remain as senior rental and shall not be converted to non restricted rental housing. 4. The Planning Commission was favorable to the proposed private and public trail system. 5. The setback for Building 4 should be moved at least 30 feet from the right of way line of Oakgreen Avenue. Revised plans shall be provided to the City Council for review and approval. 6. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 2 7. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 8. All utility plans shall be subject to review and approval of the City Engineer. 9. The Planning Commission was favorable to the non shielded, residential style light fixtures. 10. The applicant shall submit any plans for new signage subject to City approval. 11. The projected traffic counts are subject to review and approval of the City Engineer. If the intersection at 58 Street and Oakgreen Avenue requires signalization or other traffic control measures, the applicant shall agree to a share of the costs as outlined in the Development Agreement. 12. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 13. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 14. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 15. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 16. The Planning Commission was favorable to the 38 foot height of Building 4 as part of the PUD approvals. 17. The den rooms in the dwelling units shall not be converted to bedrooms with the addition of a closet. 18. The Planning Commission was favorable to the final building appearance, colors, materials and the variety between buildings. The applicant shall provide a materials board for the building to be discussed at the Planning Commission and City Council meetings. 19. The development agreement shall include a requirement that all of the buildings be maintained in proper condition and in compliance with City Codes. 20. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 3 21. The applicant shall provide additional details for the private park area including elevations of the gazebo, materials to be used in the structures and walkways, and landscaping details for review and approval of the City Council. 22. The applicant shall provide a sidewalk connection plan for the first floor units of Building 4 subject to City Council review and approval. Recommended by the Planning Commission of the City of Oak Park Heights this 10 day of November, 2011. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 4 ATTACHMENT A 1, Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase 1I Located at 13945 Upper 58 St. N. (Formerly Known As Carriage House Co -op) Washington County GEO Code: 05.029.20- XX -XXXX Legal Description: Lot 1, Block 1 Carriage House Co -op & Assisted Living ATTACHMENT 13 Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase II Located at 13945 Upper 58 St. N. (Formerly Known As Carriage House Co -op) Application Materials • Application & 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 Conference With City Staff Upon Application Submittal: October 12, 2011 Required Approvals: PUI) Amendment City Council 4/5 PUD Amendment: 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 with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) RESOLUTION NO. 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 FOR A PLANNED UNIT DEVELOPMENT AMENDMENT FOR OAK PARK SENIOR LIVING PHASE II (FORMERLY CARRIAGE HOUSE CO -OP) ALLOWING AN INCREASE IN THE DENSITY AND BUILDING HEIGHT AT OAKGREEN AVENUE AND 58 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request for a Planned Unit Development amendment as it relates to the Oak Park Senior Living Phase II (formerly Carriage House CO -OP) allowing an increase in the density and building height at Oakgreen Avenue and 58` Street North; 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 property was approved by the City Council for a Planned Unit Development, general plan by the City Council on June 9, 2009; and 4. The Carriage House CO -OP was approved with 48 units in one, two story building; and 5. The Planned Unit Development amendment for Oak Park Senior Phase II includes a total of 96 units in one, three story building; and 6. The building is proposed with setbacks of 24 feet to the right of way of Oakgreen Avenue and a building height of 38 feet; and 7. City Staff prepared a planning report dated November 3, 2011 reviewing the request; and 8. Said report recommended approval of the amended Planned Unit Development subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their November 10, 2011 meeting, took comments from the applicants and public, closed the public hearing, and recommended 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 for a Planned Unit Development amendment as it relates to the Oak Park Senior Living Phase II (formerly Carriage House CO -OP) allowing an increase in the density and building height at Oakgreen Avenue and 58"' Street North 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 City Council directs that the Proposed Land Use Map should be re- designated from medium density to high density residential in the Comprehensive Plan. 2. The City Council was favorable to the proposed density of the project. 3. The development agreement shall include a provision that the Oak Park Senior Living Phase II will remain as senior rental and shall not be converted to non restricted rental housing. 4. The City Council was favorable to the proposed private and public trail system. 5. The setback for Building 4 should be moved at least 30 feet from the right of way line of Oakgreen Avenue. Revised plans shall be provided to the City Council for review and approval. 6. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 2 7. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 8. All utility plans shall be subject to review and approval of the City Engineer. 9. The City Council was favorable to the non shielded, residential style light fixtures. 10. The applicant shall submit any plans for new signage subject to City approval. 11. The projected traffic counts are subject to review and approval of the City Engineer. If the intersection at 58 Street and Oakgreen Avenue requires signalization or other traffic control measures, the applicant shall agree to a share of the costs as outlined in the Development Agreement. 12. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 13. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 14, The snow storage areas and plan shall be subject to review and approval of the City Engineer. 15. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 16. The City Council was favorable to the 38 foot height of Building 4 as part of the PUD approvals. 17. The den rooms in the dwelling units shall not be converted to bedrooms with the addition of a closet. 18. The City Council was favorable to the final building appearance, colors, materials and the variety between buildings. The applicant shall provide a materials board for the building subject to review and approval of the City Council. 19. The development agreement shall include a requirement that all of the buildings be maintained in proper condition and in compliance with City Codes. 20. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 3 21. The applicant shall provide additional details for the private park area including elevations of the gazebo, materials to be used in the structures and walkways, and landscaping details for review and approval of the City Council. 22. The applicant shall provide a sidewalk connection plan for the first floor units of Building 4 subject to City Council review and approval. Approved by the City Council of the City of Oak Park Heights this 29` day of November, 2011. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 4 ATTACHMENT A �.r Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase 11 Located at 13945 Upper 58'" St. N. (Formerly Known As Carriage House Co -op) Washington County GEO Code: 05.029.20- XX -XXXX Legal Description: Lot 1, Block 1 Carriage House Co -op & Assisted Living ATTACHMENT B Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase II Located at 13945 Upper 58'' St. N. (Formerly Known As Carriage House Co -op) Application Materials • Application & 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 Conference With City Staff Upon Application Submittal: October 12, 2011 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: 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 with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e)