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HomeMy WebLinkAbout2009-05-26 CC Meeting Packet EnclosureMeeting Date May 26 2009 Time Required: 5 Minutes Agenda item Title: Oakgreen Commons and Carriage House Cooperative Planned Unit Development (PUD), Preliminary and Final Plat, Building Height Conditional Use Permit _PIP) Agenda Placement New Business z thiginating Department/R-040f Requester's Signature Action Requested D”on, Approve Resolution Backgroundausti cation (Please indicate if any previous action has been taken or if other public bodies hav 'advised): Please see attached from Scott Richards; Oak Park Heights Rec uest, for Council Action 1. Planning Memo Dated May 6th 2009 Attachments can be found in the May Planning Commission Packet 2. Planning Commission Resolution unsigned 3. Proposed City Council Resolution. Page 73 of 114 c Johnson Cit Administrator FNCLOSURE 1 1 RE: NORTHWEST ASSOCIATED CON U LTANT INC. BACKGROUND Page 74of114 4800 Olson Memorial Highway, Suite 202, Golden valley, M N 65422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners nacpla nning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: May 0, 2009 FILE NO: 798.02 09.02 Oak Park Heights Oakgreen Commons and Carriage House Cooperative Planned Unit Development (PUD), Preliminary and Final Plat, Building Height Conditional Use Permit (CUP) Tim Nolde, representing Oakgreen villa LLC and Green Twig LLC, has made application for PUD concept and general plan, preliminary and final plat, and building height conditional use permit for the Oakgreen Commons and Carriage 1 -louse Cooperative development west of Oakgreen Avenue and north of 58 Street. A PUD concept plan application for two 48 unit senior cooperative rental buildings, referred to as the Carriage House Cooperative, was filed in July 2008. The project was to be constructed in two phases and is located near the intersection of 58 Street North and Oakgreen Avenue. The City Council approved the PUD concept plan at their August 26, 2008 meeting. In October 2008, the applicant submitted a PUD general plan request to allow the construction of the first phase of the Carriage House Cooperative. The applicant withdrew this request prior to the Planning Commission public hearing. The applicant is now proposing a general plan approval for the 48 unit Carriage House Cooperative building at the corner of Oakgreen Avenue and 58 Street. The second building, the Oakgreen Commons, is a 110 assisted living facility and is to be constructed north of the Carriage House Cooperative on Oakgreen Avenue. Concept and general plan approvals are requested for the Oakgreen Commons. Attached for reference: General Site Plans: Exhibit 1. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7, Exhibit 8. Exhibit 9. Exhibit 10. Exhibit 11. Exhibit 12. Exhibit 13. Exhibit 14. Carriage House Cooperative: Exhibit 15. Exhibit 16. Exhibit 17. Exhibit 18. Exhibit 19, Exhibit 20. Exhibit 21. Exhibit 22. Exhibit 23. Exhibit 24. Exhibit 25. Exhibit 26. ISSUES ANALYSIS North of Site: South of Site: Page 75 of 114 Existing Conditions Plan (C1.1) Removal Plan (C1.2) Tree Removal Plan (01.3) Master Plan (02.1) Layout Plan (C2.2) Turning Movements (02.3) Grading /Erosion Plan (03.1) City Trail Plan (03.2) Utility Plan (04.1) Traffic Street Sign Plan (C5.1) Preliminary Plat Lighting Plan (E1.1) Lighting Specifications Landscape Notes /Signage (L2) Landscape Plan (L1.1) Parking Level Plan (A1.0) First Floor Plan (A1.1) Second Floor Plan (A1.2) Unit Plans (A1.3) Unit Plans (A1.4) Unit Plans (A1.5) Unit Plans (A1.6) Roof Plan (A2.0) Elevations (A3.0) Elevations (A3.1) Section (A4.0) Oakgreen Commons: Exhibit 27. Exhibit 28. Exhibit 29. Exhibit 30. Exhibit 31. Exhibit 32. Exhibit 33. Exhibit 34. Exhibit 35. Exhibit 36. Exhibit 37. Exhibit 38. Exhibit 39. Exhibit 40. Exhibit 41, Exhibit 42. Exhibit 43. Staff Comments: Exhibit 44. Letter from City Engineer Karen Erickson Exhibit 45. Memo from City Arborist Kathy Widen Adjacent Uses. Uses adjacent to the subject site are listed below: Present Zoning 0, Open Space Present Use City park land, undeveloped areas, and a single family residence Present Zoning B -4, Limited Business District Present Use Highway 36 orientated commercial development, Goodwill and the Xcel Energy power line easement 2 Landscape Plan (L1) Garage Level (A1.0) First Floor Plan (A1.1) Second Floor Plan (A1.2) Third Floor Plan (A1.3) Fourth Floor Plan (A1.4) Unit Floor Plans (A2.0) Unit Floor Plans (A2.1) Unit Floor Plans (A2.2) Unit Floor Plans (A2.3) Unit Floor Plans (A2.4) Elevations (A3.0) Elevations (A3.1) Color Elevations (A4.2) Color Elevations (A4.3) Section (A5.0) Section (A5.1) West of Site: Present Zoning B -4, Limited Business District and B-2, General Business Present Use Oakgreen Village area and Lowe's /CSM Commercial development East of Site: Present Zoning PUD, Residential Planned Unit Development Present Use Townhome residences and Oakgreen Avenue Project Description. See materials submitted as part of the request for Tax Increment Financing. Comprehensive Plan. A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with a commercial land use designation. The current draft Proposed Land Use Map of the 2008 Comprehensive Plan designates this area for medium density residential. The Land Use Map would be changed in the final draft of the Comprehensive Plan to indicate this area as high density residential if the project moves forward. Zoning. This property has been designated as B -4, Limited Business which accommodates residential development as a conditional use. As such, the underlying base zoning district will be B--4, Limited Business with a PUD overlay. The B-4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. The project is being developed as a planned unit development. Subdivision. A preliminary plat was submitted as part of this application. Lot 1, Block 1 will be created for the Carriage House Cooperative and Lot 2, Block 1 is created for the Oakgreen Commons. Outlot A will be established as the common area. With removal of the townhome at 13930 Lower 59 Street, Block 15, Lot 4 of the Oakgreen Village plat would be incorporated into Lot 2 for the Oakgreen Commons project. The appropriate drainage and utility easements would also be vacated as part of this process. The applicant shall provide a graphic indicating which easements will be vacated as part of this process. The preliminary and final plat, as well as the vacation of easements, shall be subject to review and approval of the City Engineer and the City Attorney. 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. Two family dwellings require 0,000 square feet of lot area per dwelling unit. Townhomes require 4,000 square feet of lot area per dwelling unit. Multiple family units with one or two bedrooms require 2,500 square feet per dwelling unit. Page 76 of 114 3 The total development area for Phase `l to include Oakgreen village and the Oakgreen Ponds as well as Phase 2 to include the Carriage House Cooperative and Oakgreen Commons is 781,699 square feet. The resulting density calculations are as follows: Twinhomes: 7 X 6,000 square feet 42,000 square feet Townhomes: 49 X 4,000 square feet 196,000 square feet Multiple Family: 158 X 2,500 square feet 395,000 square feet 633,000 square feet The development requires at least 633,000 square feet, With a total of 781 ,699 square feet, the project is well within the density requirements of the Zoning Ordinance. Proposed Street/Access. Access for the Carriage House Cooperative and Oakgreen Commons would be from Lower 59 Street and Upper 58 Street, the two private streets that are accessed off of Nova Scotia Avenue North. The streets would end in a parking lot with separate turnarounds in front of each building. A driveway provides access to the two underground parking areas. There would be no direct access allowed from 58th Street or from Oakgreen Avenue. The plans also include the 50 foot right -of -way dedication for Oakgreen Avenue, as required by the City Engineer. This dedication has been indicated on the preliminary/ final plat. Please note that the plans also indicate the future MnDOT alignment of the Oakgreen/Highway 36 intersection as currently planned. 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 on a corner, not less 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. In its approval of the concept plans for the Carriage House Cooperative in August 2008, the Cit y specified s ecified that the buildings maintain a 30 foot setback to 58 Street and a 20 foot setback to Oakgreen Avenue. The Carriage House Cooperative building is set back 32.5 feet to the property line on 58th Street North and 25.5 feet to the Oakgreen Avenue right -of -way. The Oakgreen Commons building would be a minimum of 40 feet from the Oakgreen Avenue property line. From the curb of 58 Street, the Carriage House Cooperative building would be 41.2 feet and from Oakgreen Avenue, it would be 66 feet. The Oakgreen Commons building would be 79.4 feet from the edge of Oakgreen Avenue. Recognizing that the Oakgreen Commons building would be four stories with a gable roof, staff worked with the applicant to provide as much setback from Oakgreen Avenue as possible. As a result, the applicant decided to remove one of the existing townhome units (13930 Lower 59th Street) and move the building further west on the site. The two Page 77 of 114 4 buildings will be closer than one -half the sum of the building heights of the two buildings. That is addressed as part of the PUD approvals and building height conditional use permit. All of the parking lot and driveway setbacks are within the requirements of the Zoning Ordinance and PUD. The Planning Commission and City Council should discuss the proposed setbacks as part of the approval process. Traffic. The applicant has provided projected vehicle count information for the proposed development in the Traffic and Street Sign Plan (Exhibit 10). The traffic numbers are subject to review and approval of the City Engineer. Tree Preservation /Landscaping. The applicant has provided tree removal plans and detailed landscape plans for bath buildings and the surrounding area. The City Arbarist has done a review of the project and has provided comments. All tree removal and landscape plans shall be subject to review and approval of the City Arbarist. Grading and Drainage. Grading and drainage plans have been submitted. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. Utilities. A utility plan has been submitted. The utility plans shall be subject to City Engineer review and approval. Parking. The Zoning Ordinance requires the following for elderly housing: "m. Elderly (Senior Citizen) Housing. Reservation of area equal to one 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." The Carriage House Cooperative is planned with a total of 48 units. The lower level parking area will have a total of 63 parking stalls, six of which are disability accessible, The Oakgreen Commons building will have a total of 110 dwelling units. The lower level parking has a total of 29 spaces of which two are disability accessible. There are 48 surface parking stalls, four of which are disability accessible also planned. With a total of 140 stalls, and 158 dwelling units, the project does not comply with ordinance standards for parking. The site plan will need to be revised to show 18 proof of parking stalls in addition to the stalls provided. Trails /Sidewalk. The plans indicate a trail to be constructed on the north side of 58th Street to Nova Scotia. Additionally, a trail would extend along Oakgreen Avenue from 58 Street to the existing trail in the xcel power line easement. A significant number of private sidewalk connections have also been shown throughout the project. The trail system is subject to review and approval of the City Engineer. The Engineer has made Page 78 of 114 5 specific comments about the crosswalk and pedestrian ramps at 58 Street and Oakgreen Avenue. Architectural Appearance. The application materials include building elevations and color elevations of the two buildings in the project. Both buildings will feature brick exteriors and lap siding with porches and other architectural detailing. The roofs will be asphalt shingles and the siding will be a cement board such as Hard Plank. The Planning Commission and City Council should comment in general on the building plans. The applicant shall provide a materials board for both buildings to be discussed at the meetings. Of note, the Planning Commission and City Council may want to comment on the long horizontal roof expanses and ways to break up the appearance of the roof on the Oakgreen Commons building. Building Height, Section 401.301.E.10 of the Zoning Ordinance allows building heights in excess of three stories or 35 feet within the B -4 Zoning District as a conditional use. Staff had advertised this for a variance, but has since realized that the proposed height of the Oakgreen Commons building can be pursued as a conditional use permit as part of the PUD. The Oakgreen Commons building is proposed at 49 feet, 2 inches at the midpoint of the highest gable and is four stories in height. The Carriage House Cooperative building will be 25 feet, 5 inches to the mid point of the gable and is two stories in height. The Carriage House Cooperative building is well within the allowances of the 35 foot height limit. Review of the conditional use permit for building height is as follows: a. The site is capable of accommodating the increased intensity of use. Comment: The site is adequate for the two buildings and the project exceeds density requirements. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. Comment: The existing roadway network will be able to handle the traffic. c. Public utilities and services are adequate. Comment: The utility and service capacity is adequate for this development. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. Page 79 of 114 Comment: Not required Ww elderly housing. 6 e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: The health, safety and welfare issues have been addressed and there should be no negative impacts. Trash /Recycling. All of the trash storage and recycling will be internal to the buildings. The design of the driveway accommodates roll out containers for pickup. Snow Storage., The plans indicate an area for snow storage. The City Engineer should comment on the adequacy of this area. Signage. The plans indicate three monument signs for the project. There would be a sign at the corner of 58 Street and Oakgreen Avenue that would feature both the Carriage House and the Oakgreen Commons. The other two monument signs are located in the landscaped areas in front of each of the two buildings. The two monument signs in the front of the buildings are approximately 30 square feet each. The development sign at the corner is about 40 square feet. The signs are less than eight feet in height and are appropriately landscaped. There are no wall signs proposed. The sign plan is consistent with the requirements of the Zoning Ordinance. Mechanical Equipment. The applicant's architect has indicated that the mechanical equipment is located within the buildings. The plans should be revised to include the locations of electric transformers. Lighting. The freestanding driveway and parking lot lights are consistent with the features that have been installed in Oakgreen Village. The fixtures are full cut off. They shall have a maximum height of 25 feet to the top of the fixture and pole. The building lights are also designed to be full cut off and are compliant. The applicant has proposed bollard lights in four locations on the site to provide pathway lighting. The bollard fixtures are not full cut off. The lighting would assist the elderly residents in those areas where the other fixtures do not provide illumination. The Planning commission and City Council should comment on the use of bollard fixtures. A photometric plan has been submitted with the application materials. The lighting plan would comply with requirements for intensity of lighting. B-4, Limited Business Standards. Section 401.301.E.0 of the Zoning Ordinance provides the CUP standards for allowing residential use in the B -4 District. The standards are as follows: Two family, townhores 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. Page 80 of 114 7 The development will need to comply with the specific Zoning Ordinance requirements for senior housing. The plans shall be revised to indicate at least 18 proof of parking stalls. 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 /east 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. Page 81 of 114 The building setbacks are consistent with the requirements set by the City Council with the concept plan approvals. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. 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. 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. Residential and non-residential uses shall not be contained on the same floor. Not applicable. 8 k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. Page 82 of 114 Not applicable. 1. 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. RECOMMENDATION 1 CONCLUSION Based upon the preceding review, City staff recommends that the request for a general plan approval of the 48 unit Carriage House Cooperative building, concept and general plan approval for the 110 unit Oakgreen Commons, preliminary and final plat, and building height conditional use permit subject to the following conditions: 1. The preliminary and final plat shall be approved by the City Engineer and City Attorney. The plat shall dedicate the right -of -way for Oakgreen Avenue. 2. The applicant shall provide a graphic indicating which easements shall be vacated as part of the process, subject to review and approval of the City Engineer and City Attorney. 3. The Planning Commission and City Council shall discuss the proposed setbacks as part of the approval process for the PUD. 4. The traffic numbers are subject to review and approval of the City Engineer. 5. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 6. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The Planning Commission and Park Commission should comment on the proposed private and public trail system. 9 All utility plans shall be subject to review and approval of the City Engineer. 9 10. The site plan shall be revised to indicate 18 proof of parking stalls in addition to the stalls provided. 11. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 12. The Planning Commission and City Council shall comment on the final building plans. The applicant shall provide a materials board for both buildings to be discussed at the Planning Commission and City Council meetings. 13. The Planning Commission shall make a recommendation and the City Council make a determination on the conditional use permit for the building height. 14. The snow storage area shall be subject to review and approval of the City Engineer. 15. All lighting fixtures shall be full cut off and the maximum height of all freestanding light fixtures shall be no more than 25 feet. 16. The Planning Commission and City Council should comment on the use of bollard light fixtures. 17. The site plans shall be revised to include electrical transformers subject to review and approval of City staff. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. 19. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, subject to the review and approval of the City Attorney. 20. The applicant has indicated in his application for Tax Increment Financing (TIF) that this project will not more forward without TIF approval. The approval of the Planned Unit Development is contingent upon approval of the TIF. 21. Any other conditions of City staff, the Planning Commission and the City Council. Page 83 of 114 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 'TIE REQUEST BY TIM NOLDE, REPRESENTING OAKGREEN VILLA LLC, AND GREEN TWIG LLC FOR PUD CONCEPT AND GENERAL PLAN, PRELIMINARY AND FINAL PLAT, VACATION OF EASEMENTS, AND BUILDING HEIGHT CONDITIONAL USE PERMIT FOR THE OAKGREEN COMMONS AND CARRIAGE HOUSE COOPERATIVE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Oakgreen villa LLC, and Green Twig LLC` for PUD concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use permit for the Oakgreen Commons and Carriage House Cooperative development west of Oakgreen. Avenue and north of 58 Street; and 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: SI SEE ATTACHMENT A and The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and 3. A Hi I) concept plan application for two 48 unit senior cooperative rental buildings, referred to as the Carriage H ouse Cooperative, was filed in July 2008. The project was to be constructed in two phases and is located near the intersection of 58 Street North and Oakgreen Avenue; and 4. The City Council approved the PUD concept plan at their August 26, 2008 meeting. In October 2008, the applicant submitted a PUD general plan request to allow the construction of the first phase of the Carriage House Cooperative. The applicant withdrew this request prior to the Planning Commission public hearing; and Page 84 of 114 SEE ATTACHMENT B 5. The applicant proposes a general plan approval for the 48 unit Carriage I ouse Cooperative building at the corner of Oakgreen Avenue and 58 Street. The second building, the Oakgreen Commons, is a 122 assisted living facility and is to be constructed north of the Carriage H ouse Cooperative on Oakgreen Avenue. Concept and general plan approvals are requested for the Oakgreen Commons; and 6. The property is zoned B -4, Limited Business which allows residential development as a conditional use. The underlying base zoning district shall remain with a PUD overlay; and 7. City staff prepared a planning report dated May 6, 2009 reviewing the PUD, plat, vacation, and conditional use permit requests; and 8. City staff recommends in the May 6, 2009 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their May 14, 2009 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 TH E PLANNING COMMISSION RECOMMENDS THE I {OLLOWING: A. The application submitted by Tim Nolde, representing Oakgreen villa LLC, and Green Twig .,I iC for Pl.J I) concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use permit for the Oakgreen Commons and Carriage House Cooperative development west of Oakgreen Avenue and north of 58 Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The preliminary and final plat shall be approved by the City Engineer and City Attorney, The plat shall dedicate the right-of-way for Oakgreen Avenue_ 2, The applicant shall provide a graphic indicating which easements shall be vacated as part of the process, subject to review and approval of the City Engineer and City Attorney. 3. The Planning Commission is favorable to the proposed setbacks as part of the approval process for the PUD. 4. The traffic numbers are subject to review and approval of the City Engineer. 5. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. Page 85 of 114 2 6. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The Planning Commission is favorable to the proposed private and public trail system. 9. Alt utility plans shall be subject to review and approval of the City Engineer. 10. The site plan shall be revised to indicate 28 proof of parking stalls in addition to the stalls provided. The plans for proof of parking shall be subject to the review and approval of City staff and the City Engineer. 11. The trails and sidewalks shall he constructed in accordance with the City Engineer's review and approvals. 12. The Planning Commission was favorable to the final building plans. The applicant shall provide a materials board for both buildings to be discussed at the City Council meeting. 13. The Planning Commission was favorable to the conditional use permit for the building height. 14. The snow storage area shall be subject to review and approval of the City Engineer. 15. All lighting fixtures shall be full cut off and the maximum height of all freestanding light fixtures shall be no more than 25 feet. 16. The Planning Commission was favorable to the use of bollard light fixtures if thy include an internal cut off fixture. The lighting for the monument signs shall be compliant with the Zoning Ordinance and be subject to review and approval of City staff. 17. The site plans shall be revised to include electrical transformers subject to review and approval of City staff. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. 19. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, subject to the review and approval of the City Attorney. 20. The applicant has indicated in his application for Tax Increment Financing (TIF) that this project will not move forward without TIF approval. The approval of the planned unit development is contingent upon approval of the TIF. 21. All existing wells shall be capped and septic systems removed in accordance with State and local requirements subject to review and approval of the City Engineer. Page 86 of 114 3 22. Any other conditions of City staff and the City Council. Recommended by the Planning Commission of the City of Oak Park IIeights this 14 day of May 2009. ATTEST: Eric A. Johnson, City Administrator Page 87 of 114 Warren Wasescha, Chair 4 Page 88 of 114 ATTACHMENT A Planned Unit Development (PUD): General Concept Plan, Preliminary Final Plat, Conditional Use Permit: Building Height, Drainage/Utility Vacation Carriage House Cooperative Oakgreen Commons Washington County GEO Code: 05.029.20-XX-XXX Legal Description: Out lots C, H, 1, J, K, L M, Oakgreen Village Page 89 of 114 ATTACHMENT B Planned Unit Development (PUD): General Concept Plan, Preliminary Final Plat, Conditional Use Permit: Building Height, Drainage /Utility Vacation Carriage House Cooperative oakgreen Commons Application Materials Application Fees O 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 Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: April 29, 2009 PUD: Genera Conce Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401 .06C.2.d) PUD: General Concept Limitation on General Concept Plan Approval: 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) Conditional Use Permit d Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) 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 BY TIM NOLDE, REPRESENTING OAKGREEN VILLA LLC, AND GREEN TWIG LLC FOR PUP CONCEPT AND GENERAL PLAN, PRELIMINARY AND FINAL PLAT, VACATION OF EASEMENTS, AND BUILDING HEIGIIT CONDITIONAL USE PERMIT FOR THE OAKGREEN COMMONS AND CARRIAGE HOUSE COOPERATIVE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58TH STREET BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park I Ieights has received a request from Tim Nolde, representing Oakgreen villa LLC, and Green Twig LLC for PUD concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use permit for the Oakgreen Commons and Carriage House Cooperative development west of Oakgreen Avenue and north of 58 Street; and after having conducted a public bearing 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: 1. 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: follows, to wit: and and 3. A PUD concept plan application for two 48 unit senior cooperative rental buildings, referred to as the Carriage House Cooperative, was filed in July 2008. The project was to be constructed in two phases and is located near the intersection of 58 Street North and Oakgreen Avenue; and 4. The City Council approved the PUD concept plan at their August 26, 2008 meeting. In October 2008, the applicant submitted a PUD general plan request to allow the Page 90 of 114 SEE ATTACHMENT 13 construction of the first phase of the Carriage l louse Cooperative. The applicant withdrew this request prior to the Planning Commission public hearing; and 5. The applicant proposes a general plan approval for the 48 unit Carriage House Cooperative building at the corner of Oakgreen Avenue and 58 Street. The second building, the Oakgreen Commons, is a 122 assisted living facility and is to be constructed north of the Carriage House Cooperative on Oakgreen Avenue. Concept and general plan approvals are requested for the Oakgreen Commons; and 6. The property is zoned B-4, Limited Business which allows residential development as a conditional use. The underlying base zoning district shall remain with a PUD overlay; and 7. City staff prepared a planning report dated May 6, 2009 reviewing the PUD, plat, vacation, and conditional use permit requests; and 8. City staff recommends in the May 6, 2009 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their May 14, 2009 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 RESOLVE) BY THE CITY COUNCIL FOR THE CITY OF OAK PARK IIEIGHTS TIIAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tim Nolde, representing Oakgreen villa. LLC, and Green Twig LLC for PUD concept and general plan, preliminary and final plat, vacation of easements, and building height conditional use permit for the Oakgreen Commons and Carriage douse Cooperative development west of Oakgreen Avenue and north of 58 Street 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 preliminary and final plat shall be approved by the City .Engineer and City Attorney. The plat shall dedicate the right-of-way for Oakgreen Avenue. 2. The applicant shall provide a graphic indicating which easements shall be vacated as part of the process, subject to review and approval of the City Engineer and. City Attorney, 3. The City Council is favorable to the proposed setbacks as part of the approval process for the PUD. 4. The traffic numbers are subject to review and approval of the City Engineer. Page 91 of 114 2 5. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 6. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The City Council is favorable to the proposed private and public trail system. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The site plan shall be revised to indicate 28 proof of parking stalls in addition to the stalls provided. The plans for proof of parking shall be subject to the review and approval of City staff and the City Engineer. 11. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 12. The City Council is favorable to the final building plans. The applicant shall provide a materials board for both buildings to be discussed at the City Council meeting. 13. The City Council is favorable to the conditional use permit for the building height. 14. The snow storage area shall be subject to review and approval of the City Engineer. 1 All lighting fixtures shall be full cut off and the maximum height of all freestanding light fixtures shall be no more than. 25 feet. 1 The City Council is favorable to the use of bollard light fixtures if thy include an internal cut off :fixture. The lighting for the monument signs shall be compliant with the Zoning Ordinance and be subject to review and approval of City staff. 17. The site plans shall be revised to include electrical transformers subject to review and approval of City staff. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval, 19 The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, subject to the review and approval of the City Attorney, 20. The applicant has indicated in his application for Tax Increment Financing (TIF) that this project will not move forward without TIF approval. `l:'h.e approval of the planned unit development is contingent upon approval of the TIT. Page92of 114 3 2 All existing wells shall be capped and septic systems removed in accordance with State and local requirements subject to review and approval of the City Engineer. 22. Any other conditions of City staff and the City Council. ATTEST: Page 93 of 114 Approved by the City Council of the City of Oak Park Heights this 26 day of May 2009. Eric A. Johnson, City Administrator David Beaudet, Mayor 4 Page 94 of 114 ATTACHMENT A Planned Unit Development (PUD): General Concept Plan, Preliminary Final Plat, Conditional Use Permit: Building Height, Drainage/Utility Vacation Carriage House Cooperative Oakgreen Commons Washington County GEO Code: 05.02920-XX-XXX Legal Description: Out lots C, 1-1, 1, J, K, L M, Oakgreen Village Page 95 of 114 ATTACHMENT B Planned Unit Development (PUD): General Concept Plan, Preliminary Final Plat, Conditional Use Permit: Building Height, Drainage /Utility Vacation Carriage House Cooperative oakgreen Commons Application Materials O Application Fees O Plan Sets (3 Large Scale Sets /20 11X17 Sets) O Written Narrative and Graphic Materials Explaining Proposal O Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed O Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: April 29, 2009 PUD: General Concep Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Hans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept Limitation on General Concept Plan Approval: 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) Conditional Use Permit A Lapse of Approval: Unless the City council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)