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HomeMy WebLinkAbout07-16-1998 Planning Commission Meeting Packet CITY OF OAK 'PARK HEIGHTS 14168 N. 67th S)reet • Box 2007.Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 FAX 439-0574 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, JULY 16, 1998 7:00 P.M. 7:00 I. Call To Order /Approval of Agenda II. Roll Call III. Approve Planning Commission Minutes - June 18,1998 (1) (To be distributed at meeting) 7:05 IV. Public Hearings: A. Valley Senior Services Alliance (2) (3) B. Establish a Central Business Zoning District and Map Amendment (4) (5) C. Lower Oak Park Heights Rezoning from R -2 to 0, Open Space (6) (7) D. Amendments to Subdivision Ordinance to Include the Planning Commission and Amend the Park Dedication Requirements (8) (9) 8:30 V. Old Business: A. Review Design Guidelines Draft (10) B. Comprehensive Plan Update (11) 8:50 VI. New Business: 8:55 VII. Government Training Service - Land Use Planning Seminar (12) 9:00 VIII. Adjournment Next Meeting: August 20, 1998 - 7:00 p.m. Oak Park Heights City Hall Tree City U.S.A. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, THURSDAY, JUNE 11, 1998 Call To Order: City Planner, Scott Richards called the meeting to order at 7:30 p.m. Present: Commissioners Dahlquist, Hedlund, Schultz, Vogt and Wasescha. Staff present: City Administrator Melena, Administrative Assistant Mesko, and Community Development Secretary Hultman. City Consultants present: Assistant City Planner, Brad Digre. Absent: None. Introductions: City Planner Richards introduced himself and gave a brief history of his qualifications and involvement with the City. This introduction was followed by each individual present giving a brief self introduction. As they were not in attendance for this organizational meeting, City Planner Richards provided introductions for Public Works Director Johnson, City Engineer Anderlik and Arborist Widin as consultants the Commission will become acquainted with as the issues require. Role of Planning Commission and City Council in Local Government: City Planner Richards briefed the Commission as to the materials they received with their meeting packets and explained the general process of planning decisions, as well as what is expected of the Commission as an advisory board. Role of Staff /Consultant in Planning Decision Making Process: City Planner Richards explained that the role of staff and consultants in the planning decision making process is to aid the group with the process by making available to them the information they need to make informed decisions. Review of Planning Commission Bylaws and Zoning Ordinance Amendment: City Planner Richards discussed, in detail, the Planning Commission Bylaws and Zoning Ordinance Amendment #98- 401 -01. Discussion was held pertaining to the open meeting law and conflict of interest. Robert's Rule of Order will be followed for meeting procedures. Meeting agendas, minutes and packet items will be kept for future reference. Audio recordings of meetings will also be kept for a period of six months. Discussion was held as to the number of Public Hearing held on an average. City Planner Richards indicated that the Planning Commission will be responsible for conducting the Public Hearings and suggested that the Commission may wish to meet more than one time per month, to allow adequate time for dealing with issues. City Planner Richards further suggested that the Commission may wish to have a Commissioner present at City Council meetings when issues they have made recommendations on is scheduled on the agenda. This representation could be rotated among the members of the Commission. City Planner Richards indicated that training will be made available through Government Training Service sometime Fall of 1998 or Spring of 1999 and that he would let Commission know more as he does. Discussion was held as to the importance of site investigations. City Administrator Melena mentioned that other cities place signs at site investigation areas to ensure the location of investigation. City Planner Richards suggested that this is something he should speak with Public Works Directors Johnson about. This issue will be addressed at a future meeting of the Commission. Planning Commission Minutes - 2 Planning: an Overview: City Planner Richards indicated that an order for a publication, The Job of Planning Commission, had been placed and should arrive shortly. He indicated that this publication was very beneficial for use as guidance through the planning process. Comprehensive Plan: City Planner Richards explained and discussion was held pertaining to the legal requirement, process, and use of a comprehensive plan. He indicated that the City's current plan was adopted in 1980 -81 and has had several amendments to it since that time. He indicated that it is the City Council's desire to have the Planning Commission address the task of preparing an updated comprehensive plan for the City as the City has changed a great deal since the adoption of the 1980- 81 Comprehensive Plan. Council wants the Commission to address the future outlook of the City, take an inventory of what is going on and address the City's future needs. City Planner Richards stated that Metropolitan Council is preparing a Regional Blueprint, which is a publication that lays out the formats and element for preparing a comprehensive plan and that each member will be provided with a copy when it becomes available. Zoning: Discussion was held pertaining the Administrative section of the zoning ordinance and how requests for zoning issues, conditional uses, variances, and planned unit development are processed by the City. City Planner Richards explained the layout of the zoning code, discussed the process at length and noted that the City Council serves as the Board of Appeals. He mentioned that future projects the Commission will be looking at will include design review and signage ordinance revision. Subdivision Ordinance 402 was unavailable for review. Community Secretary Hultman was directed to obtain a copy and make it available for distribution to the Commission members at its meeting of June 18, 1998. Upcoming Meeting /Agenda: City Planner Richards distributed a tentative agenda for the next scheduled Commission meeting to be held in the City Council Chamber of the Oak Park Heights City Hall at 7:00 p.m. on Thursday, June 18, 1998. Adjournment: City Planner Richards announced the organizational meeting of the Oak Parks Heights Planning Commission to be adjourned at 9:30 p.m. Respectfully submitted, Julie Hultman, Secretary Community Development Enclosure 1 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, THURSDAY, JUNE 18, 1998 Call To Order: Commissioner Wasescha called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Hedlund, Vogt and Wasescha. Staff present: Community Development Secretary Hultman. City Consultants present: City Planner, Scott Richards and Assistant City Planner, Brad Digre. Absent: Commissioner Schultz. Approval of Agenda: Dahlquist, seconded by Wasescha, moved to approve the agenda as presented. Motion carried. 4 -0. Approval of June 11, 1998 Commission Minutes: Hedlund, seconded by Wasescha, moved to approve June 11, 1998 Commission Minutes with the revision of Government Training Service dates to "Fall of 1998 or Spring of 1999." Motion carried. 4 -0. Election of Officers: Nominations were sought from the Commission for the election of Chairperson and Vice Chairperson for the first term of the newly formed Planning Commission. Wasescha, seconded by Vogt, moved to elect Hedlund to serve as Chairperson. Motion carried. Wasescha, seconded by Vogt, moved to elect Dahlquist to serve as Vice Chairperson. Motion carried. The elected Chairperson and Vice Chairperson shall serve until the annual organizational meeting, scheduled for March of 1999, at which time new Officers will be elected to serve two year terms. Discussion of Establishing a Central Business District: Planner Richards updated the Commission as to the area encompassed within the proposed Central Business District (CBD). Outlining the draft Ordinance Section 401.301, CBD Central Business District, he indicated that the establishment of a Central Business District would allow for better flexability with the mix of retail uses. The proposal for the district is that of a downtown, possibly concentrating businesses within the B -2, General Business District and locating business warehouses between the B -2, General Business District and the B -1, Neighborhood Business District, which is comprised mainly of office space, to allow for a blend of uses. General discussion ensued. The Commission directed that Section 401.301.E, #3 of the draft ordinance be amended to include motorized equipment sale and rental as an accessory use. A Public Hearing will be held on this matter at 7:00 p.m., Thursday, July 16, 1998 at the Oak Park Heights City Hall. Planning Commission Minutes - 2 Preliminary Plans for Valley Senior Services Alliance (VSSA): The Commission reviewed preliminary plans as proposed by VSSA. Discussion ensued pertaining to the design of roadways and neighborhood layout. Planner Richards explained the presented roadway design and the flow of area access, noting that he felt that the design appears to be well laid out. A Public Hearing will be held on this matter at 7:00 p.m., Thursday, July 16, 1998 at the Oak Park Heights City Hall. Lower Oak Park Heights Rezoning: Discussion was held pertaining the possible rezoning of lower Oak Park Heights from its present zone classification of R -3, Multiple Family District to that of 0, Open Space. This rezoning would affect the neighborhood which was designated for the St. Croix River Bridge Crossing and where homes were removed. This zoning change would give the City more control over the potential reuse of the property in the event it is sold by MnDOT, who has purchased most of the properties in this neighborhood. A Public Hearing will be held on this matter at 7:00 p.m., Thursday, July 16, 1998 at the Oak Park Heights City Hall. Review Design Guidelines Draft: The Commission reviewed Oak Park Heights Design Guidelines draft, designed to assist in determining commercial design guidelines. The Commission directed that the Environment Section should be amended to reflect the steepness of the slope level to more accurately reflect the norm for stormwater ponding. Comprehensive Plan Update: Planner Richards indicated that City staff has been working with the City Council in updating the Comprehensive Plan and that the City Council has directed the task of developing a Comprehensive Plan draft to the Planning Commission. City staff will be providing a draft Planning Tactics, Inventory and Policy Plan for the Commission's review at a future meeting. Adjournment: Commissioner Wasescha, seconded by Vogt, moved to adjourn at 9:25 p.m. Motion carried. 4 -0. Respectfully submitted, Julie Hultman, Secretary Community Development • CITY OF EticLosuRE z • OAK PARK HEIGHTS - AC: _' 14168 N. 57th Street • Box 2007.Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0574 • CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED DEVELOPMENT FOR AN ASSISTED LIVING FACILITY The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday. July 16. 1998 at 7:00 p.m. at Oak Park Heights City Hall at 141.68 North 57th Street to discuss the the request by Valley Senior Services Alliance to develop an assisted living facility on the south side of the proposed 58th Street North extension west of Oakgreen Avenue and east of Norell Avenue. All who wish to comment are asked to attend and be heard. Date: June 30. 1998 BY ORDER OF THE CITY COLrNCIL Thomas M. Melena City Administrator Tree City U.S.A. NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 3 1 PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: 10 July 1998 RE: Oak Park Heights - Valley Senior Services Alliance: PUD Concept Plan Review FILE NO: 798.02 - 98.02 BACKGROUND Application. Valley Senior Services Alliance (VSSA) has made application for rezoning to Planned Unit Development and Concept Plan approval of the Haase property south of 58th Street. The property is now zoned 0, Open Space Conservation. The property to the south of 58th Street is part of the PUD for senior housing and care facilities, the remaining property to the north of 58th Street is proposed to be rezoned to CBD, Central Business District and be developed as part of the City's Town Center concept. VSSA is a non - profit organization funded by Presbyterian Homes Housing and Assisted Living, Inc., Lakeview Hospital, and Croixdale Residence and Apartments. The alliance is dedicated to serving older adults in Washington County and the St. Croix Valley. Market. The campus for older adults south of 58th Street would include duplex and cottage units, independent living apartments and cooperative, assisting living facilities, dementia /Alzheimer living facilities, and a central area that will provide health services, food service, and laundry. The facilities would be situated around a City park with extensive trail systems providing connections internal to the site and to neighborhoods and commercial areas that surround the site. The applicants have completed a comprehensive market study and have concluded that an opportunity exists in that there are few older adult services currently in place in the Oak Park Heights /Stillwater area. The demand for services and housing facilities, as provided with the planned VSSA development, are expected to increase by more than 30 percent in the St. Croix Valley over the next decade. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM t e i Staging. The development is planned to be constructed in two phases. Phase I is expected to begin the Fall of 1998 as soon as financing, plans and approvals are in place. Phase I will consist of 90 units of independent living apartments, 36 Alzheimer /dementia units, 126 assisted living units, 42 duplex units, and central facilities including dietary/ kitchen, laundry and other central offices and amenities. After market absorption of Phase I, Phase II is planned to consist of 90 independent living cooperative units, 68 skilled nursing units, and 108 cottages, quad homes and duplex units. Adult day care and other central services and amenities would also be added at this time. Layout. The development has been designed to complement the surrounding current and planned property uses. As requested by neighbors in the Autumn Ridge and River Hills neighborhoods, streets that had been planned to continue into this property will not be constructed. Significant setbacks have been provided from existing single family homes. Trails throughout the project will wrap around lakes and ponds on the site and link existing trails to the City Park that will be developed as part of the project. The project has also been phased to provide a reasonable transition of land uses and densities. Low density cottages and duplexes are adjacent to existing single family and the multi story, multi family housing and health care facilities are in the center of the development and towards 58th Street, adjacent to the areas planned for future commercial uses. Attached for reference: Exhibit A - Site Plan Exhibit B - Conceptual Grading Plan Exhibit C - Conceptual Utility Plan Exhibit D - Site Section - Assisted Living Facility to River Hills Neighborhood Exhibit E - Floor Plans (Three Sheets) Exhibit F - Park Dedication Memo Dated 24 June 1998 ISSUES ANALYSIS Comprehensive Plan. The subject site is currently designated for low density residential by the City's 1991 Annexation Area Comprehensive Plan Amendment. In that the City is currently in the process of updating the Comprehensive Plan, the new Land Use Map and text will be revised to reflect a combination of high density /mid density and low density residential use as well as the City park land if the City is agreeable to the proposed uses as reflected in this concept plan. The Planning Commission and City Council should comment at this time regarding the overall change in land uses for the area in question. Zoning. The entire site is currently zoned 0, Open Space Conservation. The area to the south of 58th Street will be zoned PUD with the R -B, Residential Business - Institutional District as the underlying basis for zoning standards. Due to the variety in types of uses Page 2 and densities, the PUD zoning and approvals will allow for a comprehensive approach to evaluating and addressing the applicant's proposal. Also, it allows for a reasonable method for review and approval of a phased development. Adjacent Uses. Uses adjacent to the subject site are listed below. The proposed uses of the site are generally compatible with others in the area. However, attention will need to be given to protecting the single family neighborhoods to the east and west from any potential impacts. • North of Site: Present zoning - partially 0, Open Space and partially B -2, General Business District. Present use - some vacant, a Wal -Mart, auto salvage and retail near Highway 36. • South of Site: Not in City - Baytown Township. Present use - large lot single family. • East of Site: Present zoning - partially 0, Open Space and partially R -1, Single Family Residential. Present use - single family neighborhoods (River Hills) /some vacant land. • West of Site: Present zoning - partially R -1, partially 0, Open Space. Present use - single family neighborhood (Autumn Ridge) and the Environmental Learning Center for High School. Subdivision. As part of the General Plan of Development approval process, a preliminary plat will be presented for review. Skip Sorenson, the project architect, has indicated that the main campus, which includes the Town Center, assisted housing, independent living, etc. would be platted as one lot. The two park facilities would be platted as two separate lots, and the 90 unit senior cooperative building as one lot. The clusters of twinhomes in the first phase would be platted as two separate lots and the second phase of housing in the lower acreage would be platted initially as an outlot. The roadways would be platted to City standards for right -of -way and would be dedicated to the City. General Design Review. Upon review of the concept plan, our office has the following general comments on the layout of the project: 1. It appears as though the main entrance of the facility faces south, away from 58th Street. The employee parking and what appears to be the service entrance would be accessed off of 58th. Wouldn't the complex be more accessible and less confusing to visitors if its orientation and front entrance was to 58th? It seems as though the front facade /entrance should be moved to welcome people to the complex off the main access road. Page 3 2. The plans should be reviewed by the Fire Chief, Police Chief and others concerned with emergency vehicle access to determine if proper access is being allowed for the complex. 3. Use of combined driveways, as indicated for the single family dwellings in Phase II should be encouraged for all units. 4. Related to the twinhome development in the northwest corner of Phase I, the two twinhomes in the center area created by the roadway are in an awkward configuration. Possibly the southerly facing twinhome could be oriented to the west, creating more usable open space. 5. The orientation of buildings, especially in Phase II, should be altered slightly so that homes do not directly line up with street ends. 6. The three cul-de -sacs do not meet City standards for maximum length. The dead - end streets should be redesigned to reconnect with the main drive or be considerably shortened. 7. Medians are not provided for the primary entrance to the main campus. 8. The lone house in Phase II, adjacent to the southeast pond, seems out of context. It should be combined with other existing homes or additional homes could be added. 9. The driveway for the twinhomes in the northeast corner of Phase in should line up with the entrance to the senior cooperative building. 10. The City trail along 58th Street should be identified on the plans to show interconnections. 11. More trail crosswalks should be identified on the plans in anticipation of pedestrian /bicycle movements through the site. 12. The trail system should be extended in Phase II so that it follows the main roadway system throughout the development. Park Dedication. Section 402.08 of the Subdivision Ordinance requires a land dedication for residential development for the construction of City parks. The City has planned a park in this area since the property was first annexed. When the surrounding property was planned for single family residential, the Park Commission had developed a plan for a 28 acre park with two park shelters, large child play area, a baseball /softball field, soccer field and a trail system around the existing wetland complex. The VSSA project is proposing the dedication of park land to the City and the construction of an extensive trail system. Page 4 Based upon the current development program for both Phase I and II of the project, the park dedication requirements were calculated by our office in a memo dated 24 June 1998. The memo is attached as Exhibit F. The land dedication for that area developed residentially south of 58th Street would be 10.95 acres. The area north of 58th Street, which is to be developed with commercial land uses, would require a cash dedication equaling $1,750 per acre. Most of the land proposed to be dedicated is encumbered with the existing wetland complexes that are likely to be expanded as part of the project. Additionally, much of the land to be dedicated is near 58th Street and is not usable for park purposes. A more accurate calculation of the area to be covered by wetlands will be needed to determine a reasonable land dedication. Staff makes these initial recommendations in terms of park dedication for review and comment by the Park Commission, Planning Commission and City Council. 1. A reasonable, usable land area, free of wetland /storm water ponding encumbrances be dedicated to the City for park land purposes. 2. VSSA is to grade, seed /sod and landscape all areas to be dedicated as City Park to the City's satisfaction before it is dedicated to the City. 3. VSSA is to construct all of the paths shown on the approved plan (built to City specifications as indicated in the Comprehensive Bicycle and Pedestrian Trail System Plan). The trails within the dedicated park land will be maintained by the City. Trail maintenance will be paid for by a "special service district" funded in part by VSSA. All trails outside of the park lands shall be the maintenance responsibility of VSSA. 4. VSSA shall be responsible for construction of an enclosed park shelter with toilet facilities; design of such shall be agreed to by the City and VSSA. 5. VSSA shall construct the parking lot adjacent to the park shelter. 6. VSSA shall construct a child's play area to the specifications of the Park Commission and City Council. The specifics of each of these recommendations will need to be discussed further as part of the General Plan of Development review and approval. Assessments. The applicant will be required to pay all assessments for the construction of 58th Street as well as area changes (sewer, water, and storm water fees) at the time of final plat approval. The amount of these fees will be calculated by the City Engineer. Page 5 Environmental Impact. A review of the "Guide to the Rules" of the Minnesota Environmental Review Program reveals that the proposed development will not create the need for an Environmental Assessment Worksheet (EAW). Lot Area and Width. Section 401.06.B.14 of the Zoning Ordinance states that there is no maximum lot area or lot width for properties developed as PUD. Generally, there is sufficient area within the 100+ acre site to accommodate the propose development. Setbacks. Within a PUD Zoning District, the base district setback requirements are applied only to the perimeter of the property. Separation of the structures on the interior of the development are required to be a minimum of 20 feet or one -half the sum of the two building heights. It appears from the preliminary site plan that all of the buildings will be constructed well beyond the perimeter setback requirements of the Zoning Ordinance. More information will need to be provided as part of the General Plan of Development to determine the interior setback requirements. Site Access. The site will be accessed off of three locations on 58th Street. The City Engineer should comment on the location of these curb cuts as to any existing or potential conflicts with proposed intersections. The City had planned for the eventual extension of roadways in this area from both the Autumn Ridge and River Hills neighborhoods. With the change in land use and residential densities proposed for the VSSA development, the streets will not be continued and made a part of the street network for this area. The project site plan has indicated potential outlots that could be retained in Phase !Ito allow for an extension of the roadways into the high school area or into the undeveloped area of Baytown Township that is south and west of the VSSA site. The Planning Commission and City Council should discuss these outlot locations. Traffic Impact. The applicant has indicated that it will provide a traffic study that will estimate the volumes of traffic to be generated by this development and its impact on the local street network. The traffic study will be subject to review and approval of the City Engineer. Off- Street Parking. The plans have not been developed to a level of detail in order to analyze the off - street parking demands. Much of the main campus will utilize underground parking to meet the ordinance requirements. Of critical importance throughout the development will be the provision of adequate visitor parking stalls within all aspects of the VSSA project. Due to the fact that many of the residents, especially in the main campus, will not own cars, the demand for parking will need to be reviewed accordingly. Details on parking stall design will be provided as part of the General Plan of Development review. Architectural Appearance. No building elevations have been submitted by the applicant. Detailed building elevation plans will be required as part of the General Plan of Development review. The City has requested that the structures in this general area be Page 6 built of similar quality construction materials that were used for the Stillwater Area High School. Building Height. No building elevation plans have been received to date. It should be noted that no structure in residential zones may exceed 35 feet in height unless by conditional use permit according to the Zoning Ordinance. Lighting. The applicant has not submitted a lighting plan. A photometric lighting plan with specifications for all major lighting fixtures must be submitted as part of the General Plan of Development application and shall be subject to review and approval of the City Engineer. All lighting shall be hooded and so directed that the light source shall not be visible fro the public right -of -way or from adjacent properties in compliance with Section 401.15.B.7 of the Zoning Ordinance. Landscaping. Landscaping plans have not been submitted to date but will be required as part of the General Plan of Development. The City will require an evaluation of the existing trees on the site, what will remain, what will be moved, and what will need to be permanently removed. Preservation of the stands of mature trees, especially those on the west end near Autumn Ridge and the existing Oak grove, south and east of the large wetland complex, will be a high priority of the City. Screening and berming of existing neighborhoods, especially the River Hills area and the Baytown Township neighborhoods, will also be a priority in the landscape plans. For General Plan of Development, the following will be required: 1. Analysis of existing tree inventory including identification of all trees over eight inches in diameter (as measured 54 inches above ground). 2. An overall landscape plan indicating which existing trees will remain and what will be removed. Details shall be provided including identification of all species, numbers used, and size at time of planting. 3. Details shall be provided for landscaping around all buildings and in areas where screening shall be required. Signage. The plans to be submitted for the General Plan of Development will need to provide signage detail. All signage and informational or visual communication devices shall be in compliance with Section 401.15.G of the Zoning Ordinance. Grading and Drainage. Grading and drainage information has been submitted. The City Engineer has asked for additional information to be submitted at this time for a general review of the drainage issues. A more complete report will be forthcoming from the City Engineer. The drainage plan will be required to comply with the City Storm Water Plan, subject to review and approval of the City Engineer and the Valley Branch Watershed Page 7 A District. All issues related to the general grading and drainage plan will need to be resolved as part of the General Plan of Development submittal. Utilities. A utility plan has been submitted. Said utility plan shall be subject to the provisions of Section 401.06.B.10 of the Zoning Ordinance and review and approval of the City Engineer. Development Contract. The applicants will be required to enter into a development contract with the City should approval of the Concept Plan and General Plan of Development be granted. The development contact will specify the conditions of approval and address the issues related to phasing the development. RECOMMENDATION AND CONCLUSION Our office, having completed a through review of the submitted materials, finds that the applicants' requested rezoning and Concept Plan proposal is generally acceptable and appropriate for the subject site, as well as consistent with the City's Comprehensive Pan. Issues which remain to be addressed as the process evolves from a Concept Plan to General Plan of Development stage include detailed project plans such as site lighting, landscaping, signage, architectural elements, etc. The rezoning to Planned Unit Development will occur in conjunction with the General Plan of Development when all of the issues in this report have been addressed. The decision regarding the zoning designation of land within the City is a policy matter to be decided by City officials. Based upon unique elements of the applicants' proposal and the City's Comprehensive Plan, we believe that the requested rezoning is appropriate. Should the City Council make a similar finding, our office recommends approval of the following motion approving the submitted preliminary plat and Concept Plan. The City Council of the City of Oak Park Heights hereby approves the PUD Concept Plan for the VSSA Senior Life Community subject to the following conditions: 1. The Planning Commission and City Council should provide direction as to whether this proposal is an appropriate land use for the site in question and whether the new Comprehensive Plan should reflect that land use. 2. The area in question, to the south of 58th Street, is to be rezoned from 0, Open Space Conservation to PUD, Planned Unit Development. 3. The applicants shall submit a preliminary plat for approval as part of the General Plan of Development process. Page 8 • 4. The Planning Commission and City Council provide direction as to the staff comments on the general design of the VSSA project as found on pages 3/4 of this planning report. 5. The Planning Commission, Park Commission, and City Council provide direction as to the staff comments related to park dedication as found on page 5 of this planning report. ti 6. The applicants shall be required to pay all assessments for the construction of 58th Street as well as area charges (sewer, water and storm water fees) at the time of final plat approval. 7. The applicants shall provide accurate plans as part of the General Plan of Development approval process to determine all interior and perimeter setbacks. 8. The City Engineer shall approve all curb cuts onto 58th Street related to this development. 9. The Planning Commission and City Council shall comment on the outlot locations planned for eventual connections between Phase II and roadways outside of the VSSA development. 10. A traffic study will need to be submitted by the applicant as part of General Plan of Development review. The traffic study shall be subject to review and approval of the City Engineer. 11. The applicants shall submit detailed plans as part of the General Plan of Development review related to off - street parking locations, design and number of stalls. 12. Detailed building elevation plans and material samples for all proposed buildings shall be required as part of General Plan of Development review. 13. The applicants shall submit a detailed lighting plan as part of General Plan of Development review process. 14. The Planning Commission and City Council shall provide direction as to the staff comments related to landscaping as found on page 7 of this planning report. 15. Signage details will need to be provided as part of General Plan of Development review. Page 9 16. A detailed grading and drainage plan will need to be submitted that complies with the City's Storm Water Plan, subject to review and approval of the City Engineer and the Valley Branch Watershed District. All issues related to the grading and drainage plan will need to be resolved as part of the General Plan of Development plan submittal. 17. The submitted utility plan is subject to review and approval of the City Engineer. 18. 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AN SUIFF aoa I U ANNNFASO/IS MINNESOTA E N 1 - F-a J C 1 1, I r I] �( Il 1-.), ' 0 � ice, C : , r ,� �s� ___.,-------- T , / i 'r l � — -- "I — -- �l �� � � ��__ , n� 1 ,. . 1 [, �' l ) Fr — 'i1 r I 1 ; j _ -, - C ` L1f' i II1 _ I m CO I 1 - ---V,....._ _ n SENIOR LIFE COMMUNITY ULTEIG ENGINEERS, INC. ' C) ; VALLEY SENIOR SERVICES ALLIANCE 52ol E AS, RIVER Roan I MINNE 308 N CONCEPTUAL UTILITY PLAN wxxEavou U ■ IS MINNESOTA sSazl 1 i r 1 ' -I .. HI , 1 _ -•. PHONE 06121 5JI -2500 Fa 1 1611 5 II6 1 I 1 i II 4 0 t _ --I .. _ 4 Z ri 1 k 1 i 5 1 ' •Tf i I 1 1 1 1 1 . i lliP. 4601 6 1.1 .. 1. • ____ _ ___ • , 4 , , 4 A . il li . ...._ 117 is , 1 tr" IF m •:•., x ,-- To 0 ., .-vrE .... rzrz. -- ' ' "": FaF ' .27: r— Erg ., . 7 ":"' ......... peld" r • 1 • .. r.::..7 , :. 111,•11111.— . . , t---.,--- 1 ---- r — +.: ---1__ 411 6:Ipicarnit A 1 1 ...:. IF 0 III T! ) i r.,.r: • .._ II LA _ pi...i. m .... . lig Ind,— r. , m : lEgli A ' E A I rn g z 1 ,-■ ._,1- H ' OF LP,-.1 th t " 1r a 1 Ili -.4 • 2 ° . 2". „ 1 0 5 11 TA g 1 _ I -7-4 A 0 _ EA 1 I I Z in 4. ta NI CI -a _ A l a le!. e GN 6 O. _ is 11 - . ‚ii g... — X X 011 ..... M Th„,„ ,, „,„,,,, 1,,,,, — •.... tly.tp.: FiEdi....;:::::-.._ . .. r 1 , 1 , ..„,.- vATTEr „ SEN■oR T.ERv.E5 ALT [..T.E OAK PAK.. HEICK.175 I,H,501, KM ----- - MIN.N.ESOTA __ ..• ;;;Ilrg m„.. .,, .-.:;: IN .11 el S 111■ `J s h O � 1 1:: N.1 °� Q I - • 1 0 N � 3 N .• R!7, x Li 1 ` ;I 0 1 I i r„ F Z u D • _ I, • W O LIN X O corn LX , u ii Ez ; � � 1 1 [V� 0 SM 1 7 - R _ - J 1 ' 0 WI 0 - - - - - - ° o „I- I �I 1 p i -- � 0 1 I 1 „rl „ a. II 1 11 • I. I! a 57.0 b a PROPOSED MITY /DOAD IKBf.1 wrt o • ,•,• r 1.1 1 � J, I WREx FLOOR PLAN SENIOR LIFE LOMM VALLEY SENIOR SERVICES ALLIANCE tan _ I I tlINtlESQTe __ __ ~ I m la i t r !it N dN O Iu111 Q : ilr l Y � OAK PARK NE16NT5, MINNESOTA - ` . oh II? h. YI . 61]11 • ° 10961. .� /1 11[ - iV 01 -i1 I •111 a•1 I • a a• MIS • PATIO r j J E T / s QT____IX422 4 7 LIVING ROOM ku _ �, - - e 14.3 >� 13-0 . : .: 1. eo iE ■ M5TR BEDROOM 1 a � 1 -0 X17-0 0 0 3;i , \ - , . r q�� uw DI NINGO �� T it - 1 I 0 4 X 10 -1 n �.�: i1 6EDROOM a3 ) 10 -7 %10-4 1 0 . ,. ,. , ,. ,. , . O ' i.5 1 i a 10 , r ' k 01 '`° ' i 0 II I 44 KITCHEN. O O . .J 1 f 10. 6X11 -6� QO i , BEDROOM •2 1 " 1 "I 13 ® ow 5114K I - �� L p' _ A,,,. d PORTICO 1(‘ i,,,A J ; i 1 , 00 GARAGE - w -3 X 21-I I 3 BEDROOM UNIT — SENIOR HOUSING I/4 " =1 -O" 1442 50. FT, ! . 4 • ?�,': NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 24 June 1998 RE: Oak Park Heights - Valley Senior Services Alliance: Park Dedication FILE NO: 798.04 - 98.09 For your information, I have recalculated the park dedication requirements based upon the revised number of units /beds for the proposed Oak Park Heights VSSA campus. Barbara Barry provided a revised Development Program for the project with the new unit numbers as follows: DEVELOPMENT PROGRAM Phase I Independent Living Apartments 90 units Alzheimer Assisted Living 36 units Assisted Living 126 units Duplexes 42 units Central Dietary /Kitchen and Laundry Office Building 75,000 sq.ft. Phase II Independent Living Cooperative 90 units Skilled Nursing 68 units Duplexes 60 units Quads 16 units Single Unit Cottages 32 units 5775 `NAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM • S Based upon the program listed above, our office has calculated the following park land dedication: USSA - OAK PARK HEIGHTS SENIOR CAMPUS /PARK DEDICATION Units Beds Park • Dedication Phase I Independent Living Apartments 90 117 1.56 acres Assisted Living / Alzheimer 162 178 2.37 acres Duplexes 42 84 1.12 acres Phase II Independent Living Cooperative 90 158 2.11 acres Skilled Nursing 68 68 0.91 acres Duplexes 60 120 1.60 acres Quads 16 32 0.43 acres Single Unit Cottages 32 64 0.85 acres TOTAL 560 821 10.95 acres The land dedication requirement under the current VSSA Development Program is 10.95 acres. This does not include the acreage occupied by the central facility /office building or the acreage that would be purchased by VSSA, but included in the commercial development north of 58th Street. The Subdivision Regulations indicate that commercial /industrial park land dedication would be in the form of a cash dedication equaling $1,750.00 per acre. The Park Board will meet on 30 June 1998 and should discuss the park dedication /planning issues for the VSSA development. pc: Mark Vierling Skip Sorensen Barbara Barry 2 ENCLOSURE 4 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING POSSIBLE ESTABLISHMENT OF A CENTRAL BUSINESS DISTRICT ZONE The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, July 16, 1998 at 7:00 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible establishment of a Central Business District Zone. All who wish to comment are asked to attend and be heard. Date: June 30, 1998 BY ORDER OF THE CITY COUNCIL Thomas M. Melena City Administrator NORTHWEST ASSOCIATED CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 5 MEMORANDUM TO: Tom Melena FROM: Brad Digre / Scott Richards DATE: 7 July 1998 RE: Oak Park Heights - Zoning Ordinance Revision: Central Business District - Planning Commission Amendments FILE NO: 798.04 - 98.10 Attached is a draft of the Ordinance to allow the formation of a Central Business District in Oak Park Heights. Also included are the amended sections of the ordinance that must include reference to the CBD such as lot sizes, area and setback requirements, and sign requirements. For your reference, those sections that are underlined include new language and language that is Tined out is to be removed. Based on our meeting with the Planning Commission on Thursday, June 18, several sections of the Ordinance have been amended. The recent changes to the CBD district are as follows: PERMITTED USES. A minor change was made to add convenience food establishments without drive -in facilities to the CBD permitted uses. CONDITIONAL USES. The language allowing open and outdoor storage as an accessory use was entirely removed. Open or outdoor service, was amended so as not to allow sale and rental as an accessory use for new or used automotive, truck, motorcycle or trailer rental or sales lots. BUILDING TYPE AND CONSTRUCTION. The proposed section to include the CBD with B -1 and B -2 Zoning Districts in regards to building type and construction was removed. SIGNS - DISTRICT REGULATIONS. A new section specific to the CBD was added to reference changes in the number and size of signs referenced in the sign tables. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM We suggest the Planning Commission review the text amendments and consider the rezoning of property as included in the attached map. The area to be rezoned is all of the property included in the Town Center concept for development of a Central Business District. If the Planning Commission is comfortable with the text and area to be rezoned, a recommendation can be made at the 16 July 1998 meeting. 2 DRAFT - DRAFT - DRAFT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 98- AN ORDINANCE ADDING SECTION 401.301 TO ALLOW A CENTRAL BUSINESS DISTRICT ZONE AND AMENDING VARIOUS SECTIONS OF THE ORDINANCE TO INCLUDE CENTRAL BUSINESS DISTRICT USES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Section 401.301, CBD Central Business District, is hereby added with the following stipulations: 401.301.A. PURPOSE: The CBD District is intended to provide a district accommodating those retail sales, service and office functions which are characteristic to a "downtown" area and to allow a downtown area to expand, develop and redevelop while maintaining the desired character. 401.301.B. PERMITTED USES: The following are permitted uses in a CBD District: 1. Banks, savings institutions, credit unions and other financial institutions. 2. Business, commercial, or trade schools. 3. Clinics, for people only. 4. Day care - group nursery (within single occupancy freestanding building). 5. Government and public utility buildings. 6. Motels, motor hotels and hotels. 7. Restaurants, cafes, tea rooms, taverns, off -sale liquor and convenience food establishments without a drive -in facility. 8. Retail sales. 9. CommerciaLser_vice_ I,sPs. 10. Commercial recreation. e 11. Libraries. 12. Offices, business or professional, including ticket sales. 13. Theaters, excluding drive -in type of service. 14. Club or lodge halls serving food and beverage. 15. Parking or garages, other than those accessory to a principle use, for the parking and storage of private passenger vehicles only. 16. Rental services conducted entirely within a building. 17. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works, candle making, Tight metal working, provided at least twenty -five (25) percent of the total floor space at the front of the building on the street level is used for sales and display purposes. 18. Dwelling units located above street level in non - residential structures. 401.301.C. INTERIM USES: The following are interim uses in a CBD District: None 401.301.D. ACCESSORY USES: The following are permitted accessory uses in a CBD District: 1. Off - street parking as regulated by Section 401.15.F of this Ordinance, but not including semi - trailer trucks. 2. Off- street loading as regulated by Section 401.15.F of this Ordinance. 3. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 2 401.301.E. CONDITIONAL USES. The following are conditional uses in a CBD District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Custom manufacturing, restricted production and repair limited to the following: watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.B. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Open or outdoor service, sale and rental as an accessory use, but not including new or used automotive, truck, motorcycle or trailer rental or sales Tots, provided that: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E. of this Ordinance. c. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. d. Sales area is grassed or surfaced to control dust. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 3 4. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The buildingplans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: '11 The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting_ influence within a residential distance of the lot. 21 The day care facility shall be located in a portion of the building separated from the other uses located within the structure. The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4 Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. c. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. 4 f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. c Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 5. Cellular telephone antennas not located on a public structure, provide that: a. The provisions of Section 401.03.A.8. and Section 401.15.P. of this Ordinance are considered and satisfactorily. 6. Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re- use for commercial purposes. c. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. e. The development does not conflict with existing or potential future commercial uses and activities f. The density standards imposed as part of the R -3 Zoning District are complied with. 9_ Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. Residential use be governed by all applicable standards of the Zoning_ Ordinance, Building Code, Housing Code and Fire Codes. Residential and non - residential uses shall not be contained on the same floor. 5 k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. 7. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. 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. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. Section 2. Section 401.06. B.14.a.5., Non Residential Project Standards for Planned Unit Developments, is hereby amended to add the following: 5) For non - residential PUD District projects, the normal standards of either the R -B, B -1, B -2, CBD. B -W and I zoning classifications shall apply to each project, excepting usage standards, as determined by the City Council and as provided above in Section 401.06.B. Section 3. Section 401.08.D., Development Review under the Section concerning Administration - Fees is hereby amended to add the following: 401.08.D. Development Review. In all R -3, R -B, B -1, B -2, CBD, B -W, I and River Impact District zones, all applications for building permits relating to multiple family housing, industrial, commercial or retail uses of property within those zones shall first be referred to the City Planner to determine zoning code compliance prior to review of the proposed development by the building inspector and prior to issuance of a building permit. All expenses incurred by the City in reviewing applications for industrial, commercial or retail buildings or uses within those zones shall be paid by the applicant to the City. The City Council may, by resolution, from time to time implement a procedure affecting the payment of such expenses to the City of Oak Park Heights by all such applicants. 6 Section 4. Section 401.15.C.1.d., Yard Requirements within the General Yard, Lot Area, and Building Regulations section is hereby amended to add the following: d. All setback distances, as listed in the table below, shall be measured from the appropriate lot line. District Front Yard Side Yard Rear Yard 0 50 feet 30 feet 50 feet R -1 30 feet' 10 feet 30 feet R-1A 30 feet' 10 feet 30 feet R -1 B 30 feet' 10 feet 30 feet R -1 C 30 feet' 15 feet 30 feet R -2 30 feet' 10 feet 30 feet R -3 30 feet 20 feet 30 feet R -B 30 feet 10 feet 30 feet B -1 30 feet 20 feet 30 feet B -2 40 feet 10 feet 20 feet CBD No minimum No minimum No minimum B -W 50 feet 20 feet 20 feet I 50 feet 30 feet 40 feet ' Where adjacent structures within same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of adjacent structures. 2 Not less than thirty (30) feet from lot line, if lot is on a corner. 3 Not less than twenty (20) feet from lot line, if lot is on a corner. 4 Not less than fifty (50) feet from a lot if lot abuts a residential zoning district. 7 f There shall be no front yard, exterior side yard or rear yard requirements, except that there shall be a required setback within CBD District boundaries when such boundaries are adjacent to a residential district. In such cases, the setback shall be the same as the setback for the adjacent district. There shall be no interior side yard required in the CBD District, except that in such cases where a side yard is provided it shall be a minimum of five (5) feet in width. Section 5. Section 401.15.C.2., Area and Building Size Regulations within the General Yard, Lot Area, and Building Regulations section is hereby amended to add the following: 2 Area and Building Size Regulations. This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below: District Lot Area Lot Width Building Height 0 5 acres 200 feet 35 feet R -1 10,400 SF 80 feet 35 feet R-1A 12,500 SF 85 feet 35 feet R -1 B 15,000 SF 90 feet 35 feet R-1C 20,000 SF 100 feet 35 feet R -2 10,400 SF 80 feet 35 feet R -3 15,000 SF 100 feet 35 feet R -B 15,000 SF 100 feet 35 feet B -1 15,000 SF 100 feet 35 feet B -2 15,000 SF 100 feet 35 feet CBD No minimum No minimum 35 feet B -W 30,000 SF 100 feet 35 feet 1 acre 100 feet 45 feet 8 Section 6. Section 401.15.G.5.g., General Provisions within the Signs section is hereby amended to add the following: g. The temporary use of searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten (10) consecutive days. No more than three (3) permits per business proprietor shall be granted during any 12 -month period and no permit shall be issued within thirty (30) days of the expiration of a previous permit. The permit shall be promptly displayed during the period of validity. Notwithstanding the above, no such permits shall be issued except in R -B, B -2, CBD, B -W, and I Districts of the City. Section 7. Section 401.15.G.6.a.8.b., Permitted and Prohibited Signs within the Signs section is hereby amended to add the following: b) Signs may not measure more than twelve (12) square feet in 0 Districts; not more than four (4) square feet in R -1, R -2 Districts; not more than thirty -two (32) square feet in R -3, R -B, B -1, B -2, CBD, B -W, and I Districts Section 8. Section 401.15.G.6.a.10., Permitted and Prohibited Signs within the Signs section is hereby amended to add the following: 10) Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1 ate B -2 and CBD zoning districts, provided that they do not exceed ten percent (10 %) of the front building facade. Section 9. Section 401.15.G.8.e., is hereby added with the following stipulations: e. CBD, Central Business District. Only two (2) signs per principal use, except on corner lots which may have two (2) wall signs, subject to the following conditions: 1. Only one (1) freestanding monument sign will be permitted with a maximum of forty (40) square feet and a height of eight (8) feet. 9 2. Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred (100) square feet or ten (10) percent of the front building facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface, may be increased by the building surface, may be increased by twenty -five (25) percent of the allowable sign area provided it does not exceed one hundred (100) square feet. An individual sign may not exceed the height of the parapet wall or eave. 3. On a corner lot, each facade facing a public right -of -way may have one wall sign. Both the front and side facade may be counted when determining sign area. Total are of both signs shall not exceed the requirements established in provision (2) above. Section 10. Section 401.15.G.8.d.3., "Sign Type and Maximum Gross Surface Area in Square Feet" and "Sign Type and Maximum Height in Feet" tables within the Signs section are hereby amended to add the following: SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET Zoning Free- Identi- Canopy Temp Perm Address Direction Political Con- Property Motor District standing fication Marquee Window Window struction Sale or Fuel Wall Rental Station Price Display 0 24 2 24 -- 25 %* 2 4 4 32 12 – R-1/R-2 40 2 18 -- 25 %* 2 4 4 32 4 -- R3 – 2 – -- 25 %* 2 4 4 50 32 -- R-B 40 2 40 10 % ** 25 %* 2 4 4 50 32 – B -1 40 2 40 10 % ** 25 %* 2 4 -- 50 32 – B -2 150 — 2 150 * ** 10 % ** 25 %* 2 4 -- 50 32 16 CBD 40 2 100 * * ** 10 % ** 25 %* 2 4 -- 50 32 -- BW – 2 -- -- 25 %* 2 4 -- 50 – – I 150 * ** 2 150 * ** -- 25 %* 2 4 – 50 32 -- *Percentage based upon total window area *"Percentage based upon front building facade ***150 square feet or 15% of front building facade whichever is less "**"100 square feet or 10% of front building facade whichever is less 10 SIGN TYPE AND MAXIMUM HEIGHT IN FEET Zoning Freestand- Identifica- Canopy, Marquee, Wall Address Motor Fuel District ing tion Station -Price Display 0 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- R-1/R-2 6 feet 5 feet Top of parapet wall or eave 3.5 inches -- R-3 -- 5 feet -- 3.5 inches -- R-B 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- B-1 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- B-2 30 feet 5 feet Top of parapet wall or eave 3.5 inches 8 feet CBD -- 5 feet Top of parapet wall or eave 3.5 inches -- BW -- 5 feet -- 3.5 inches -- I 30 feet 5 feet Top of parapet wall or eave 3.5 inches -- Section 11. Section 401.20.A.2.c., Business Districts within the Establishment of Districts section is hereby amended to add the following: c. CBD Central Business District Section 12. Section 401.20.A.2.d., Business Districts within the Establishment of Districts section is hereby amended to add the following: d. B -W Business/Warehousing 11 Section 13. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this day of 1998. CITY OF OAK PARK HEIGHTS By: David Schaaf, Mayor ATTEST: By: Tom Melena, City Administrator 12 _7 OAK PARK HEIGHTS ► w 7 7 / Proposed CBD t � 1M11- „4,)- , in 1 , ,. 1 ,. , ___ __ )( , f # z : V a t s y a + [ T1 , 0 0 is -'t�� /� '�1t a a.. (` C am ' § J *';,K' :,,, . — Mil 10.0". t r MAO c �, ! , ,P,, � '•, ■• • \‘411,.. `_ ■-I = 111,"1 ... IN x it .,. ' l U! ___ MI �4diiiWF 1 4 Re 11 :iv � a111 M1i. ER mil 11111111E N o Igo/ 111111 1iAIIII._sill 0 City Limit ' ma I ■ 161 ■ z= J Q Proposed Central Business District — — -_ • Zoning ��� �� moo i [ j R -1, Single Family Residential 1111111•11 ill - IL j R -2, Low & Medium Density Residential A -_ II N — R -3, Multiple Family Residential ` , O11 / / / / /,; R -B, Residential / Business Transitional pilill ∎�� N VIII [ ------ 1 B -2, General Business ) \ � I, Industrial 4 < � _� /„ N di - 0, Open Space Conservation / t , L ' PUD, Planned Unit Development j / \\, )1 A Annexation s \ \ 1 I I \ �'' 1 1111 Waterbodies � v 0.06 0 0.06 0.12 0.18 0.24 0.3 Miles J N • wir ..... CITY OF ENCLOSURE 6 OAK PARK HEIGHTS 14168 N. 57th Street • Box 2007 Oak Park Heights, MN 55082 •Phone: (612) 439 -4439 FAX 439 -0574 • CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING POSSIBLE REZONING OF PROPERTY IN THE CITY OF OAK PARK HEIGHTS The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, July 16, 1998 at 7:00 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible rezoning of property in lower Oak Park Heights from R -2 to 0-Open Space. All who wish to comment are asked to attend and be heard. Date: June 30, 1998 BY ORDER OF THE CITY COUNCIL Thomas M. Melena City Administrator Tree City U.S.A. a sw i NORTHWEST ASSOCIATED CONSULTANTS INC N COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 7 a MEMORANDUM TO: Tom Melena FROM: Brad Digre / Scott Richards DATE: 7 July 1998 RE: Oak Park Heights - Lower Oak Park Heights Rezoning FILE NO: 798.04 - 98.12 As you are aware, the Minnesota Department of Transportation (MNDOT) has acquired properties in the Lower Oak Park Heights neighborhood (see Attachment). These properties were purchased for the St. Croix River Bridge construction area. All but three of the homes that were located there have been removed. The property is currently zoned R -2, Low & Medium Density Residential. The purpose of the R -2 District is to provide for low to moderate density residential dwellings and directly related, complementary uses. For a list of uses see Attachment. At the direction of the City Council we have prepared a map delineating the boundary of the area being proposed for rezoning to 0, Open Space (see Attachment). The reason for the zoning change is to limit the reuse of the properties in the event they are sold by MNDOT. The Open Space designation will provide a more restrictive level of control. It is intended to provide a district which will allow suitable areas of the City to be retained and utilized for new low density residential, non -local jurisdiction public uses, open space, agricultural uses and provide a "holding" zone for newly annexed lands to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and service. For a list of uses see Attachment. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM t . A public hearing is scheduled for the 16 July 1998 Planning Commission meeting to consider the rezoning and take public comment. Attachments: -Map depicting current zoning, MNDOT acquired properties and the proposed boundary for rezoning. - Zoning Ordinance Section 401.26; R -2, Low and Medium Density Residential District. - Zoning Ordinance Section 401.21; 0, Open Space Conservation District. 2 S 401.26. R -2, LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICT 401.26.A. Purpose. The purpose of the R -2, Low and Medium Density Residential District is to provide for low to moderate density residential dwellings and directly related, complementary uses. 401.26.B. Permitted Uses. The following are permitted uses in an R -2 District: 1. All permitted uses allowed in an R -1 District. 2. Two family dwelling units. 401.26.C. Interim Uses. The following are interim uses in an R -2 District: 1. None. 401.26.D. Accessory Uses. The following are permitted accessory uses in an R -2 District: 1. All accessory uses as allowed in an R -1 District. 401.26.E. Conditional Uses. The following are conditional uses in an R -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses, subject to the same conditions as allowed in an R -1 District. *2. Townhouses, quadraminiums, cooperatives and condominiums as defined in Section 401.02.B. of this Ordinance. 3. Multiple family dwelling structures of not more than four (4) units, provided that: a. The proposed site contains at least three thousand five hundred (3,500) square feet per dwelling unit. b. The proposed site is located adjacent to a collector or minor arterial street. * Amended Ord. No. 97- 401.02, October 14, 1997 26 -1 c. At least one (1) garage space is provided for each dwelling unit. d. The proposed site is landscaped and screened with planting materials in compliance with Section 401.15.E. of this Ordinance. e. The proposed structure design is reasonably compatible with its low density residential environment, as determined by the City Council. `f. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 5. Bed and breakfast facilities providing that the following criteria are met: a. A maximum of four (4) bed and breakfast units may be established within a structure. b. The facility shall have a State license (hotel and food), and comply with all health, safety, building and fire codes as may be required or applicable. c. Facilities shall be owner or manager occupied at all times when guests are present. d. The principal structure shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet and shall be located on a lot which meets the minimum dimensional lot requirements of the district in which it is located. e. All bed and breakfast units shall be established within the principal structure. f. Not more than the equivalent of one (1) full -time person shall be employed by the bed and breakfast facility who is not a resident of the structure. g. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the registered guests and residents. h. Two (2) off - street parking spaces shall be provided for the home plus one (1) space for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking space shall be located in the front yard area of the property. Amended Ord. No. 97- 401.02, October 14, 1997 26 -2 Not more than one identification sign not exceeding six (6) square feet in area may be located on the premises. The sign shall be reflective of the architectural features in the structure and may not be externally or internally illuminated. j. Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. All external lighting shall be regulated by conditional use permit. *6. Manufactured Housing Parks. Manufactured housing parks including manufactured single family housing units, offices limited to the administration of the park, recreational buildings and structures, storm shelters, and other directly related complementary uses, provided that: a. General Provisions for all Manufactured Home Parks. 1) Area. All land area shall be: a) Adequately drained. b) Landscaped to control dust. c) Clean and free from refuse, garbage, rubbish or debris. 2) Outdoor Camping. There shall not be outdoor camping anywhere in a manufactured home park. 3) Public Access. Public access to manufactured housing parks shall be as approved by the City. 4) Building Permit. All structures (fences, storage, decks, etc.) shall require a building permit from the Building Official. Fences shall be prohibited on individual manufactured home lots. 5) Foundation Enclosure. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection. 6) Community Building /Emergency Storm Shelter. A manufactured home park shall have an adequate central community building and storm shelter. Such building must be constructed in conformance with Chapter 1370, Department of Administration, Minnesota State *Amended Ord. 98- 401 -02, 12 May 1998 26 -3 Building Code requirements for storm shelters and be provided with rest room facilities, have adequate heating in all areas, and be maintained in a safe, clean and sanitary condition. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council. 7) • Lot Setbacks. Individual manufactured home lot setbacks: a) No manufactured home shall be located closer than ten (10) feet to a side or rear lot line. The front yard setback shall be at least thirty (30) feet from the street surface. On corner Tots, the side yard setback shall be at least twenty (20) feet from the street surface. No manufactured home shall be located closer than thirty (30) feet from the periphery lot line of the manufactured home park. 8) Permitted Encroachments. a) Attached steps, uncovered stoops, and landings may encroach up to five (5) feet into a side yard setback, provided that they do not exceed twenty (20) square feet in area or extend closer than ten (10) feet to a structure on an adjacent lot. b) An eave or overhang may encroach up to one (1) foot into a front, side and rear setback. 9) Building Height Requirements. No structure shall exceed one (1) story or twenty -five (25) feet, whichever is least. 10) Utilities. a) All manufactured home parks shall be connected to a public water and sanitary sewer system. b) All installations for disposal of surface storm water must be approved by the City and applicable watershed district. c) All utility connections shall be as approved by the City. d) All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. 26 -4 e) No obstruction shall be permitted that impedes the inspection plumbing, electrical facilities, and related manufactured home equipment. f) The method of garbage, waste, and trash disposal must be approved by the City. g) The owner shall pay any required sewer and water connection fees to the City. h) The owner shall pay inspection and testing fees for utility services to the City. 11) Storage. Exterior storage on individual manufactured home lots shall comply with the provisions of Section 401.15 of this Chapter, except not more than one (1) recreational vehicle may be allowed on a lot. 12) Accessory Buildings. a) Except as specifically regulated by this Section, all accessory buildings shall meet the applicable requirements of Section 401.15 D of this Chapter. b) Limit. Accessory buildings including garages shall be limited to one (1) per manufactured home lot. Maximum allowable floor area shall not exceed six (6) percent of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers. c) Maximum Building Height. Fifteen (15) feet. d) Location. The manufactured home park site plan shall designate the locations proposed for the development of garages and/or accessory buildings on each manufactured home. Said accessory buildings shall comply with the following setback requirements: An accessory building shall only be located in side or rear yards. ii. Accessory buildings shall not be located within any utility easements. 26 -5 iii. All accessory buildings located on individual manufactured home unit lots shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of a predetermined site plan and subject to the approval of the City Council. • e) Building Type and Construction. Any building addition shall either be manufactured or custom built of materials that are consistent or compatible to the design of the principal building. "Compatible" means that the exterior appearance of an accessory building is not at variance with the principal building from an aesthetic and architectural standpoint to cause: A difference to a degree to cause incongruity with the principal building. ii. A deviation from the general character of the neighborhood. iii. A depreciation of neighborhood values or adjacent property values. iv. A nuisance. Types of nuisance characteristics include, but are not limited to, noise, dust, odors, glare and unsightly building exterior. b. Design Requirements for Manufactured Home Parks. 1) Park Size. The minimum area required for a manufactured home park designation shall be twenty (20) acres. 2) Lot Size. Individual manufactured home lots: a) Lot Area. Not less than twelve thousand (12,000) square feet. b) Lot Width. Not less than eighty (80) feet. c) Lot Depth. Not less than one hundred (100) feet. d) Each manufactured home lot shall have frontage on an approved roadway and the corners of each manufactured home lot shall be marked and each lot shall be numbered. 26 -6 3) Parking. a) Each manufactured home site shall have off - street parking space for two (2) passenger vehicles. b) All parking spaces shall be hard surfaced according to specifications established by the City. 4) Internal Roads and Streets. a) All streets shall be private streets and shall be developed with a road bed of not Tess than thirty -two (32) feet in width and shall meet City design specifications. Street plans shall be subject to review and approval of the City Engineer. A reduction in the street width requirement may be allowed by conditional use permit as regulated by Section 401.03 of this Chapter provided sufficient off - street guest parking spaces, as determined by the City, are constructed and maintained at the owner /operator's expense. b) The park shall have a street lighting plan approved by the City. 5) Recreation. All manufactured home parks shall have at least ten (10) percent of the land area developed for recreational use (tennis courts, children's play equipment), swimming pool, golf green, etc.). The recreational use shall be developed and maintained at the owner /operator's expense. 6) Landscaping. a) Each manufactured home lot shall be provided with two (2) trees. The size and type of trees must meet the requirements of Section 401.15.E of this Chapter. b) A landscape screen meeting the requirements of Section 401.15.E of this Chapter shall be installed and maintained around each manufactured home park. c) All areas shall be landscaped in accordance with a landscaping plan approved by the City Council. 26 -7 7) Lighting. a) Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like. • b) The manufactured home park grounds shall be lighted as approved by the City from sunset to sunrise. c) All lighting within the manufactured home park grounds shall be subject to the requirements of Section 401.15.B.7 of this Chapter. c. Operational Standards for Manufactured Home Park. 1) Maintenance. The operator of any manufactured home park, or a duly authorized attendance and /or caretaker shall be responsible at all times for keeping the manufactured home park, its facilities and equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject. 2) Inspection Prior to Sale. Prior to the sale of a manufactured home within a manufactured home park, the operator of a manufactured home park or the duly authorized attendant and /or caretaker must inform the Building Official of the prospective sale and provide him with a completed copy of the Manufactured Home Safety Disclosure Form required by Minnesota Statutes, Section 327.07, Subdivision 3A. 3) Permits. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to State Code and a permit for connection to public sewer and water. The application for permits shall be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory structures, and setbacks. 4) Upgrading. Prior to locating a manufactured home housing unit constructed prior to 1 July 1972. on a lot within a manufactured home park within the City, said unit shall be upgraded to current life safety codes and subject to the approval of the Buildino Official. 26 -8 d. Maintenance. All private internal streets in manufactured home parks shall be maintained by the park owner in a good state of repair, free from obstructions, encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants, so that snow or snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes shall be promptly sanded. "Promptly" shall mean no later than twenty -four (24) hours after the end of a snow fall or in the case of ice within twenty -four (24) hours after it was formed. 26 -9 401.21. 0, OPEN SPACE CONSERVATION DISTRICT 401.21.A. Purpose. The 0, Open Space Conservation District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for new low density residential, non -local jurisdiction public uses, open space, agricultural uses and provide a "holding" zone for newly annexed lands to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and service. 401.21.B. Permitted Uses. The following are permitted uses in an 0 District: 1. Farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including commercial feedlots or other commercial operations. 2. City parks and recreational areas. 3. Nurseries, tree farms and greenhouses all for the growing of plants, but not to include retail sales. 4. Single family dwellings. 5. Essential services. 6. Day care facilities serving twelve (12) or fewer persons. 7. Residential care facilities serving six (6) or fewer persons. 8. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P. of this Ordinance. 401.21.C. Interim Uses. The following are interim uses in an 0 District: 1. None. 21 -1 401.21.D. Accessory Uses. The following are permitted accessory uses in an District: 1. Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district. 2. Not more than four (4) boarders and /or roomers by a resident family. 3. Living quarters of persons employed on the premises. 4. Home occupations. 5. Recreational vehicles and equipment. 6. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests, when fully in compliance with all applicable State standards. 7. Tool houses, sheds and similar buildings for storage of domestic supplies and non- commercial recreational equipment. 8. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks. 9. Radio and television antennas including single satellite dish TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401.21.E. Conditional Uses. The following are conditional uses in an 0 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. Governmental and public regulated utility buildings and structures necessary for the health. safety and general welfare of the community provided that: a. When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with Section 401.15.E. of this Ordinance. 21 -2 b. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Private or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; college or universities, religious institutions such as churches, chapels, temples and synagogues and public correctional institutions, provided that: a. Side yards shall be double that required for the district, but no greater than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. c. Adequate off- street parking and access is provided on the site of the principal use in compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaping from surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. d. Adequate off- street loading and service entrances are provided and regulated where applicable by Section 401.15.F. of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Commercial outdoor recreational areas including golf courses and clubhouse country clubs, and similar facilities provided that: a. The principal use, function or activity is open, outdoor in character. b. When abutting a residential use or a residential use district, the property is screened and landscaped in compliance with Section 401.15.E. of this Ordinance. c. The land area of the property containing such use or activity meets the minimum established for the district. d. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 21 -3 4. Cemeteries, provided that: a. The overall site does not contain more than forty (40) acres. b. The site accesses on a minor or intermediate arterial only. c. The site is totally screened from view in accordance with Section 401.15.E. of this Ordinance. d. The applicant has applied for a comprehensive plan amendment and said amendment has been processed and approved in accordance with applicable State Statutes. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. - 5. Single satellite dish TVROs greater than one (1) meter in diameter provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 6. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 2 1 -4 5 , R i :/..!' .1 -r i.; -L . 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Properties Acquired by MNDOT ' lac Current Zoning Districts R -1, Single Family Residential I, Industrial N R -2, Low & Medium Density Residential El 0, Open Space Conservation ® R -3, Multiple Family Residential PUD, Planned Unit Development R -B, Residential / Business Transitional - Annexation 0.04 0 0.04 0.08 Miles F' 9 B -2, General Business Waterbodies CITY OF - OAK PARK HEIGHTS — _ 14168 N. 57th Street • Box 2007. Oak Park Heights, MN 55082 Phone: (612) 439 -4439 • FAX 439 -0574 ENCLOSURE 8 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING POSSIBLE AMENDMENT OF CITY ORDINANCES The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, July 16, 1998 at 7:00 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible amendment of the Subdivision ordinance to add provisions for a Planning Commission All who wish to comment are asked to attend and be heard. Date: June 30, 1998 BY ORDER OF THE CITY COUNCIL Thomas M. Melena City Administrator Tree City U.S.A. • N N ORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH BICLOSORE 9 MEMORANDUM TO: Tom Melena FROM: Brad Digre / Scott Richards DATE: 8 July 1998 RE: Oak Park Heights - Subdivision Ordinance Revision: Addition of Planning Commission Language / Park Dedication Issues FILE NO: 798.04 -98.14 Attached is a draft of the Subdivision Ordinance with Planning Commission procedures and responsibilities added. For your reference, those sections that are underlined include new language and language that is Tined out is to be removed. The recent changes to the Subdivision Ordinance are as follows: GENERAL PROVISIONS. Preceding subdivision plat approval by the City Council a change was made to refer plats to the Planning Commission. MINOR SUBDIVISIONS. Language concerning exceptions (i.e. Minor Subdivisions) was added to include requests to combine two (2) existing platted lots and to include the division of a lot from a larger tract of land that creates no more than two lots and has not been part of a minor subdivision within the last five (5) years. Content and data requirements, design standards and processing stipulations for Minor Subdivisions were also added. PLANNING COMMISSION. The Planning Commission was defined as the Planning Commission of the City of Oak Park Heights. PRELIMINARY PLAT. The preliminary plat process from filing to City Council action was improved and now involves the Planning Commission. Specifically, the process covers pre - application, application, authorization, public hearing (conducted by the Planning Commission including a report of recommendations to the City Council), validity of notice, technical assistance reports, review by other commissions or jurisdictions, requests for additional information, Planning Commission review and City Council action. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2 - 5 9 5 - 9 6 3 6 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM ow FINAL PLAT. The final plat process was amended to include review and approval by the Planning Commission. Specifically, the final plat along with the recommendations of the Planning Commission, City staff or consultants is submitted to the City Council for final approval by resolution. CONDITION ESTABLISHING PREMATURE SUBDIVISION. Under the section concerning the lack of adequate roads or highways to serve the subdivision, Minnesota Department of Highways was changed to the Minnesota Department of Transportation. PLAT AND DATA REQUIREMENTS. Preliminary Plat. Supplementary Information. The submission of supplementary information was amended to include the Planning Commission. DESIGN STANDARDS. Protected Areas. In addition to the City Council, the Planning Commission will also determine whether protection will be accomplished through the methods stipulated. REQUIRED BASIC IMPROVEMENTS. Street Improvements. The City Arborist is added to recommend conformance of tree and boulevard sodding as required by the City Council. NON - PLATTED SUBDIVISION. Registered Land Surveys. The Planning Commission is added to formulate a recommendation to the City Council. VARIANCES, STANDARDS. The variance procedures were significantly modified to include the Planning Commission in the process for making recommendations to the City Council, hearing the City staffs report and recommendations, and setting a date for a public hearing. PARK LAND DEDICATION. Staff has also revisited the issue of Park Dedication Requirements. Based upon our analysis in 1995 (see Attachment) we have concluded that both the cash and land dedication requirements can be revised to provide a dedication similar to what is being required in cities in the metro as well as the St. Croix Valley area. We have not made changes to the Subdivision Ordinance at this time, but recommend that the Planning Commission discuss the issues. The current requirements for land dedication are based on a formula that one (1) acre of land be conveyed to the City for every seventy -five (75) people the platted land could house. This formula results in a yield of approximately 8.8 percent of the total acreage. We suggest a revision that would provide at least 10 percent of the gross land area that is being subdivided. To achieve this level of land dedication we recommend adjusting the formula to one (1) acre for every sixty -five (65) people the platted land could house. The current cash dedication yields a proportionately lesser amount and will also require 2 adjustment. Our office recommends $900 per unit for all types of residential units and $3000 per acre for commercial /industrial dedication. Under the new formula's, a 40 acre parcel with a cash value of $43,560/acre and development of 75 single family lots, land dedication would be 4.04 acres (approximately 10% of gross land area) worth $175,915 and the cash dedication would be $67,500. If the City decides to raise the cash dedication to equal the land value, $2,178 would need to be paid per lot. At this time, considering what area communities are charging on a per lot cash basis it would be impossible to raise cash dedication to that level. For that reason we recommend the $900 per unit cash dedication similar to what other communities are charging. Also in 1995 the City indicated that we may need to do a more specific study and consider formulating a trail dedication per each unit. 3 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 98- AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE OAK PARK HEIGHTS SUBDIVISION ORDINANCE TO ADD PLANNING COMMISSION PROCEDURES AND RESPONSIBILITIES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Section 402.01 Subd. D, is hereby amended to add the following: Subd. D Before any plat shall be recorded or be of any validity, it shall be referred to the Planning Commission and approved by the City Council of the City of Oak Park Heights as having fulfilled the requirements of this Ordinance. Section 2. Section 402.01 Subd. G., is hereby amended to add the following: Subd. G. ExceptieRs Minor Subdivisions: a. Qualification. This section shall apply to the following applications: In the - - 1. In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional Tots are created and both new Tots conform to Zoning Ordinance lot size minimum standards 2. In the case of a request to combine two (2) existing platted Tots. 3. In the case of a request to divide a lot from a larger tract of land and thereby creating no more than two lots. both of which conform to Zoning Ordinance minimum standards. To qualify. the parcel of land shall not have been part of a minor subdivision within the last five (5) years. 4. In the case of a request to divide a base lot which is a part of a recorded plat on which has been constructed a two- family dwelling. townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this Chapter, the Zoning Ordinance. or the State Building Code. b. Content and Data Requirements: - - - - _ - - : _ - : - - - ::' . ': - _ ; _ - 1. Certificate of Survey: The requested minor division shall be prepared by a registered land surveyor in the form of a Certificate of Survey. 2. Property Description and Submission Information: The data and supportive information detailing the proposed subdivision shall be the same as required for a preliminary plat as described in Section 402.06 of this Chapter. Exceptions. as stipulated in writing. may be granted by the Zoning Administrator. c. Design Standards. The minor subdivision shall conform to all design standards as specified in this Chapter. Any proposed deviation from said standards shall require the processing of a variance request. d. Processing: 1. If the land division involves property which has been previously platted. or the total property area included is greater than ten (10) acres. the Zoning Administrator may approve the subdivision. provided that it complies with applicable provisions of this Chapter. 2. In the case of applications involving property which has not been previously platted, and is Tess than ten (10) acres in total area. applicable processing provisions of Section 402.04. Preliminary Platting shall be followed. 2 Section 3. Section 402.03 Subd. LL, is hereby added: Subd. LL Planning Commission. The Planning Commission of the City of Oak Park Heights. Section 4. Section 402.04 Subd. B.1., is hereby amended to add the following: 1. - - - . ---- - --- -- Pre- Application. Applicants requesting preliminary plat approval are required to contact the Zoning Administrator in order to set up a pre - application meeting with the City Engineer. City Attorney. City Planner. and /or City Building Official to discuss the project in question. A staff meeting is strongly recommended for all types of proposals to answer questions on processing the application. payment of fees. explain ordinance requirements. identify details of the request. review concept plans. provide advice, and potentially avoid any unnecessary plan modifications or site design related conflicts. Section 5. Section 402.04 Subd. B.2., is hereby amended to add the following: 2 . - 4 . - - • : - - - 4 4 4 - - - - _ -_: _:: _ : -- -- • - ; - - - Irma - _ - • - 1.1.1. .. ; - - ; - -- _ - -- - - - - -- - • - _ = 44* - • - _ _ -- 4- - • - - - = _ - . Application. Request for preliminary plat approval, as provided within this Ordinance, shall be filed with the City on an official application form at least twenty (20) days prior to the date set for a public hearing. Such application shall be accompanied by a fee as outlined in Section 401.08 of the Oak Park Heights Zoning 3 Ordinance. Such application shall also be accompanied by five (5) large scale copies and one (1) reduced scale (8-1/2 x 11") copy of detailed written and graphic materials fully explaining the proposed change, development. or use. and a mailing list provided by the applicant from the records of the Washington County Assessors Office for all homes, businesses and property located within three hundred fifty (350) feet of the subject property. Where necessary. the City shall refer said application along with all related information, to other City staff or agencies for their report and recommendation to the Planning Commission and City Council. The request shall be considered officially submitted and the application approval timeline commences when all the informational requirements are complied with. Section 6. Section 402.04 Subd. B.3., is hereby amended to add the following: 3. - -- _ - - - - - - - - - • • _ - - - • . Proof of Ownership or Authorization. The applicant shall supply proof of title of the property for which the preliminary plat approval is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership of equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the request. Prior to approving an application for a preliminary plat. the City shall receive from the applicant certification that there are no delinquent property taxes. special assessments. interest. or City utility fees due upon the parcel of land to which the preliminary plat approval application relates. Section 7. Section 402.04 Subd. B.4., is hereby amended to add the following: 4. 44 -- : -- : -_ -. - _ - -- -- - -- - 4. - - feguired. Public Hearing. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Said hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. Notice of said hearing shall consist of a legal property description. description of request and map detailing property location. and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty (350) feet of the boundary of the property in question. 4 Section 8. Section 402.04 Subd. B.5., is hereby amended to add the following: 5. Council Action.. Validity of Notice. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. a. b. : : _ . _:::. ; ;. : - - c. Section 9. Section 402.04 Subd. B.6., is hereby added with the following stipulations: 6. Technical Assistance Reports. After the public hearing has been set. the Zoning Administrator shall instruct the appropriate staff of consultants to prepare technical reports where appropriate. and provide general assistance in preparing a recommendation of the action to the Planning Commission. Section 10. Section 402.04 Subd. B.7., is hereby added with the following stipulations: 7. Review by Other Commissions or Jurisdictions. The Zoning Administrator shall refer copies of the preliminary plat to the Park Board. County. State or other public jurisdictions for their review and comment. where appropriate and when required. 5 or Section 11. Section 402.04 Subd. B.B., is hereby added with the following stipulations: 8. Additional Information. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning_operational factors. said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. Section 12. Section 402.04 Subd. B.9., is hereby added with the following stipulations: 9. Planning Commission Review. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use. The Planning Commission shall recommend approval or denial of the request. Section 13. Section 402.04 Subd. B.10., is hereby added with the following stipulations: 10. City Council Action. a. The City Council shall not act upon a preliminary plat until they have received a report and recommendation from the Planning Commission. Upon completion of the report and recommendation by the Planning Commission the request shall be placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. b. If all requirements of this Ordinance are complied with, the City Council shall act upon the preliminary plat and may impose conditions and restrictions which are deemed necessary within sixty (60) days of the date of the close of the public hearing. c. If the preliminary plat is not approved by the City Council. the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved. such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this Ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the City of 6 f Oak Park Heights. d. If the preliminary plat is approved by the City Council. the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the preliminary plat shall be considered void. unless a request for time extension is submitted in writing and approved by the City Council. Section 14. Section 402.04 Subd. C.2., is hereby amended to add the following: 2. Approval of the City Council Planning Commission. Ten (10) copies of the final plat shall be submitted to the City Clerk Zoning Administrator for distribution to the City Council Planing Commission and appropriate staff, twenty (20) days prior to the meeting at which consideration is requested. During the said twenty (20) days, the City staff shall examine the final plat and prepare a recommendation to the City Council Planning Commission. The final plat, together with the recommendations of the Planning Commission, City staff or consultants shall be submitted to the City Council for approval. - - - ., - : _ - - _ . - _ :::. - :: . Section 15. Section 402.04 Subd. C.2A., is hereby added with the following stipulations: 2A. Approval of the City Council. If accepted by the City Council. the final plat shall be approved by resolution. which resolution shall provide for the acceptance of all agreements for basic improvements. public dedication and other requirements as indicated by the City Council. If disapproved. the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. The Council's decision shall be made within sixty (60) days after the first meeting at which it received the final plat. 7 Section 16. Section 402.05 Subd. A.3a, is hereby amended to add the following: a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, and when, with due regard to the advice of Washington County and /or the , Minnesota Department of Transportation. said roads are inadequate for the intended use. Section 17. Section 402.06 Subd. B.4., is hereby amended to add the following: 4. Supplementary Information. Any or all of the supplementary information requirements set forth in this subdivision shall be submitted when deemed necessary by the Planning Commission, City staff, consultants, advisory bodies and /or City Council. Section 18. Section 402.07 Subd. G.2., is hereby amended to add the following: 2. Based upon the necessity to control and maintain certain sensitive areas, the Planning Commission and City Council, based upon the review of the City Engineer, shall determine whether said protection will be accomplished through lot redesign with easements and enlargement or dedication of those sensitive areas in the form of outlots. Section 19. Section 402.09 Subd. C.6., is hereby amended to add the following: 6. Trees and boulevard sodding shall be planted in conformance with the standards and specifications as recommended by the City Arborist and required by the City Council. Section 20. Section 402.10 Subd. A. is hereby amended to add the following: A. Registered Land Surveys. Subdivision by Registered Land Survey shall only be allowed for torrens property. It is the intention of this Ordinance, however, that where used, all Registered Land Surveys in the city shall be presented to the City Council in the form of a preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats and that the Planning Commission shall recommend and the City Council shall first approve the arrangement, size, and relationships of proposed tracts, and that tracts to be used as easements or roads should be so 8 e f. dedicated. Unless an approval has been obtained from the City Council, in accordance with the standards set forth in this Ordinance, building on tracts which have been so subdivided by Registered Land Surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. Section 21. Section 402.11 Subd. A., is hereby amended to add the following: A. Finding The City Council may grant a variance from the minimum standards of this Ordinance (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Planning Commission shall recommend and the Council shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendation, the Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be granted when the City Council finds: Section 22. Section 402.11 Subd. B.3., is hereby amended to add the following: 3. The variance application shall also be referred to the City staff for a report and recommendation to be presented to the City Council Planning Commission. The City staffs report and recommendations shall be given to the City Council Planning Commission prior to the meeting at which said report and recommendation are to be presented. Section 23. Section 402.11 Subd. B.4., is hereby amended to add the following: 4. The applicant, or a representative thereof, shall appear before the Planning Commission artefiefrGitreettneif in order to answer questions concerning the variance request. Section 24. Section 402.11 Subd. B.S., is hereby amended to add the following: 5. The City Council, Planning Commission and City staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety and general welfare. 9 gr Section 25. Section 402.11 Subd. B.6., is hereby amended to add the following: 6. The City Council Planning Commission shall request the City Clerk Zoning_ Administrator to set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than the (10) days nor more than thirty (30) days prior to the hearing to all property owners within three hundred fifty (350) feet of the parcel included in the request. Section 26. Section 402.11 Subd. B.7A., is hereby added with the following stipulations: 7A. Recommendations of the Planning Commission, City staff or consultants shall be submitted to the City Council for approval. Section 27. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this day of 1998. CITY OF OAK PARK HEIGHTS By: David Schaaf, Mayor ATTEST: By: Tom Melena, City Administrator 10 N Northwest Associated Consultants, Inc. C C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H MEMORANDUM TO: Mike Robertson FROM: Scott Richards DATE: Oak Park Heights - Park Dedication /Annexation Area Park FILE NO: 798.02 - 95.12 BACKGROUND Due to quickly escalating land costs within the area annexed to the City in 1991, the issue of whether to update park dedication fees has been raised by Council members. The existing fee system is consistent with many older communities in the Metropolitan Area which are not experiencing growth and rising land costs. Many of the developing communities our office represents both within and outside the limits of the Metropolitan Urban Service Area (MUSA) are addressing the issue of park dedication fees as the costs of building park and trail systems increase. The issue is further compounded by the U.S. Supreme Court decision on Dolanci V. City of Tigard which establishes the precedent that a governmental taking must be roughly proportional to the legitimate governmental interest. In order to address these issues, the City of Oak Park Heights must examine the costs of developing the park system in the annexation area versus the anticipated land /cash dedication from future development in this area. Park fees must make up a reasonable proportional cost of developing a park system. If the park land /cash dedication from an area exceeds the total cost of investment in the park system for the locale then the issue of a "taking" without fair return becomes a concern. Park and trail fees from other developing communities are also presented here for comparison purposes. Attached for reference: Exhibit A - Updated Cost Estimate for Annexation Area Park Exhibit B - Annexation Area /Park Plan Map Exhibit C - Memo - Dolan V. Tigard - Impacts for Municipalities Exhibit D - Park Dedication Comparative Analysis 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 CAPITAL IMPROVEMENT COSTS - ANNEXATION AREA PARK A preliminary estimate of costs was calculated in 1994 for the annexation area park. The numbers have been slightly revised and updated as found in Exhibit A. The total cost of the annexation area park as currently configured is $1,815,120 of which $1,045,445 is credited to land costs estimated at $43,560 per acre. It is assumed that land dedication will be required of Elmer Haase for the residential property south of 58th Street. That land dedication would consist of 7.46 acres with a value (again based upon a value of $43,560) of $324,522. PROJECTED PARK DEVELOPMENT REVENUES Existing Park Dedication Requirements The current park dedication requirements from the Oak Park Heights Subdivision ordinance are as follows: 402.08 Park Land Dedication Requirements Subd. I. In residential plats one acre of land shall be conveyed to the City as an outlot by warranty deed for every seventy -five (75) people the platted land could house based upon the following population calculations: Single Family Detached Dwelling Lots 3.5 persons Two - Family Dwelling Lots 6.0 persons Apartments, Townhouses, Condominium and Other Dwelling Units 1 person per bedroom Subd. J. In lieu of a park land donation, the City may require the following cash donations: Single Family Detached Dwelling Lots $450.00 Two - Family Dwelling Lots $800.00 Apartments, Townhouses, Condominiums $250.00 per unit plus and Other Dwelling Units $ 85.00 per bedroom above the first bedroom of each unit Commercial and Industrial $1,750.00 per acre - pro -rated 2 Depending upon the density of development, the current park dedication formula results in a yield of approximately 8 to 10 percent of the total acreage which is in line or slightly below most of the communities that were surveyed. The cash dedication yields a proportionately lesser amount. In a 40 acre parcel with a development of 75 lots, the land dedication would be 3.5 acres which has a current value of $152,450. If cash were required under the current formula, the dedication would be $33,750. Park Dedication Yields To determine the overall park dedication yield from the annexation area, a review of the cash dedication that has been received and the cash and land to be dedicated is as follows: Cash Cash Dedication Received: River Hills $24,750.00 WalMart $36,750.00 Brackey $98,735.00 Applebees /Haase $25,795.00 Subtotal $186,030.00 Cash Dedication Potential: Kern - 40 acres (commercial) 40 x $1,750.00 = $70,000.00 Haase - 30 acres (commercial) 30 x $1,750.00 = $52,500.00 Other - 5.5 acres (residential) 10 lots x $450.00 = $ 4,500.00 Subtotal $127,000.00 TOTAL CASH DEDICATION $313,030.00 Land Haase - South of 58th - 7.46 Acres Cash Value at $43,560 per Acre $324,958.00 TOTAL DEDICATION FROM ANNEXATION AREA (IN CASH) $637,988.00 3 • • The significant shortfall in the potential costs of an annexation area park ($1,815,120.00) vs. the yield from park dedication ($637,988.00) indicates that at least one or a combination of the following steps must be taken: 1. Scale back the annexation area park plan. 2. Extend the time over which the program is to be implemented. 3. Seek to maximize park revenues through fee structures, grants and other sources. 4. Develop the park in conjunction with an elementary school. COST DISTRIBUTION It is expected that the cost of the park would not be funded by park dedication alone. The assumption is that over time 15 % of the development funds will be from grants, 25 % from the general fund or special financing, 10% from private contributions or volunteer labor, with the remaining 50% from park dedication. The cost distribution would be as follows: Total Park Cost $1,815,120 Grants 15 % $272,268 General Fund 25 % $453,780 Private Contributions 10 % $181,512 Park Dedication 50% $907,560 Actual park dedication anticipated from the annexation area is estimated at $637,988, resulting in a shortfall of $269,572 from what will be required from this funding source. To make up the shortfall, the dedication structure within the Subdivision Regulations would need to be altered, but not exceed a level that is deemed appropriate for dedication purposes. Ten percent of the property has been determined as the amount of land necessary to reasonably provide park facilities for residential development. To comply with the Doland ruling, the City would still utilize the formula method which individualizes the percent for each development based upon overall density. The current schedule allows for a land dedication of .088 percent from the Haase property south of 58th Street. Revising the formula to a minimum of 10% would increase the dedication to 8.46 acres for an additional value of $43,995. To raise the cash dedication to a level equal to a 10 % land dedication, a fee of $2,178 would need to be paid per lot. A cash dedication fee at that level would likely be difficult to implement at this time. Most communities' cash dedication fees do not equal the value of the land dedication. This is acceptable based on the rationale that residents living in a development adjacent to park land would be in closer proximity and benefit greater than those residents in developments that need to walk/ride a greater distance to use the facility. An adjustment to the cash fee would be acceptable to reach a level consistent with other developing communities. For instance, raising the fee to $900 per unit would increase the park dedication revenue total approximately $4,500 for the annexation area. 4 Cash dedication amounts for commercial and industrial property should also be increased to account for rising land values. Many communities do not charge commercial and industrial development park dedication fees, but supporters of this type of fee argue that business generates demand on parks due to league play or utilization of employees during breaks or at other times. Raising the fee to $3,000 per acre would raise an additional $87,500 for the annexation area park. Justification for raising the land/cash dedication amounts exists, but not to a level that would reach 50 % of the total park costs. The shortfall with the revised fee schedule would amount to approximately $133,500. Other funding sources or a reduction in the park facilities would need to be considered. COMPARISON OF PARK FEES A comparison of fees for other developing communities has been provided in Exhibit D for review in conjunction with this study. The fee schedules of other communities are being provided only for comparison and not as the basis for establishing a revised fee schedule. TRAIL FEES The City of Oak Park Heights has not in the past charged a separate trail fee as a part of the park dedication process. Of the communities surveyed, only Eagan has a separate trail dedication requirement. The cost to build a trail adjacent to the front or rear of residential lost in Oak Park Heights is as follows: Construction 80 foot lot @ $15/LF = $1,200 100 foot lot Ca $15 /LF = $1,500 Land Cost Trails will be within parkland or roadway right -of -way in the Annexation Area. Eagan's requirement for cash contributions of $105 per residential dwelling unit and $880 per acre for commercial, industrial and public facilities covers only a fraction of the cost of building trail facilities. Our office will need to review this issue further and examine other trail fee examples to make a specific recommendation for Oak Park Heights. 5 a e CONCLUSION /RECOMMENDATION Based upon the analysis provided above, our office would recommend increasing the park dedication requirements /fees as follows: Residential Land Dedication. The formula in the current regulations be revised to provide at least 10% of the gross land area that is being subdivided. The formula method will individualize each development proposal based upon the density proposed to comply with the Doland ruling. Cash Dedication. $900 per unit for all types of residential units. Commercial /Industrial Dedication $3,000 per acre with no specific land requirements. The City Council should review the information presented, schedule a public hearing to revise the subdivision regulations, or allow the Park board to review the issue first and make a specific recommendation. Additionally, if the Council would like additional information on park dedication, in particular what other communities have established, our office could do more research on this topic. We do intend to review the issue of trail fees /dedication further and provide a specific recommendation if requested by the Council. pc: Mayor and City Council Mark Vierling Joe Anderlik 6 City of Oak Park Heights Cost Estimate for Park /Playground Facilities Based Upon Approved Annexation Area Park Layout Unit Est. Item Description Price Qty. Cost Baseball /Softball (per field) : Strip & stockpile topsoil $ 500 /LS 1 $ 500 Rough /fine grading, spread topsoil 5,000 /LS 1 5,000 Limestone Infield, 4" deep 4,200 /EA 1 4,200 Outfield, seeded 1,600 /AC 1.4 2,240 Infield, sodded 1.80 /SY 400 720 Backstops, 30' wide back, 10' wings, hooded, 4' overhang, chain link 4,500 /EA 1 4,500 Fencing, 1,400 linear feet per field, 9.00 /LF 1400 12,600 4' high $29,760 Soccer (per field): Strip /stockpile topsoil 500 /LS 1 500 Rough /fine grade, spread topsoil 5,000 /LS 1 5,000 Seeded 1,600 /AC 3.8 6,080 Sodded 1.80 /SY - - Goal Nets 2,000 /PR 1 2,000 $13,580 Football (per field) : Strip /stockpile topsoil 500 /LS 1 500 Rough /fine grading, spread topsoil 5,000 /LS 1 5,000 Seeded 1,600 /AC 3.8 6,080 Sodded 1.80 /SY - - Goal Posts 3,000 /PR 1 3,000 $14,580 Basketball (per full court): Rough /fine grading, asphaltic concrete, hoops /poles, color finish $13,500 Tennis (per court) : Rough /fine grading, asphaltic concrete, net and posts, color finish 3 54,000 Periphery Fence, 360 linear feet, 10 -12' high, 9 gauge 16.00 /LF 3 17,280 $71,280 1 EXHIBIT A (3 PAGES) • Freeskate /Hockey: Grading and Finish 5,000 Hockey Boards 5,000 $10,000 Picnic Tables /Shelters: Picnic Table, 8' pine w /metal legs 300 /EA 6 1,800 6' metal coated 400 /EA * Picnic Shelter, single, pine /metal, 8' 2,500 /EA * Picnic Shelter, 15x24, wood /shingles 6,000 /EA 1 6,000 Picnic Shelter, 28x34, metal 8,000 /EA * $7,800 Playground Equipment: Modular Tot Play Structure, 8x17, 20x30 protective area, 16 -18 kids 7,000 /EA 1 7,000 Deluxe Modular Play Structure, 24x30, 37x42 protective area, 25 -30 kids 14,000 /EA 1 14,000 Spring Toys 400 /EA * See Saw 900 /EA * Swingset, standard metal, 4 seats 700 /EA * Slide, metal, 70" 1,000 /EA * Swing, adult bench 600 /EA * $21,000 Seating: Bench, backless, wood, 8' 350 /EA 6 2,100 Bench w /back, 6' metal 520 /EA * Player benches, 14' metal w /back 400 /EA 2 800 Player benches, 14' w /out back 250 /EA * Bleachers, 5 rows @ 15 feet, wood /metal 1,000 /EA 2 2,000 $4,900 Support Elements: Bike Rack, 10' wood & metal (14 bike cap.) 350 /EA 1 350 Trash Receptacle w /lid (metal or wood) 200 /EA 10 2,000 Water Fountain, metal ground mounted 1,130 /EA 1 1,130 Grills, black metal 140 /EA 5 700 Fencing, 1,700 linear feet, 9 gauge (along residential lots) * 4' high, $9 /linear foot * 6' high, $12 /linear foot 20,400 $24,580 Trails, approximately 10,000 linear feet: 6,000 linear feet bituminous paved, 8 foot width, 3" asphalt on 4" gravel base 15 /LF 90,000 4,000 linear feet crushed limestone paved, 8 foot width, 4" deep 6.50 /LF 26,000 $116,000 2 Parking Lot: Paving, 60 stalls, 24,000 sf, 3" finish layer w/ 4" asphaltic base and gravel subgrade 1.35 /SF 32,400 Curbing, 6x18 concrete, 1000 linear feet 7.00 /LF 7,000 Striping, 4" wide .20 /LF 1,500 300 $39,700 Structures: Restroom, storage, warming house building, picnic shelter, 50x75 wood construction 65 /SF 3,800 247,000 Footbridges, steel arch type w/ wood deck, 8 feet wide, 60' span 50 /SF 480 24,000 80' span 50 /SF 640 32,000 Landscaping, Signage, and Lighting: (Estimated High Total) *$100,000 Subtotal - Park Facilities /Improvements $769,680 Land Cost: East Area 16 Acres $43,560 /Acre 696,960 West Area 8 Acres $43,560 /Acre 348,480 Wetlands 11 Acres 0 0 Subtotal - Land $1,045,440 TOTAL $1,815,120 * Indicates options, types or quantities of items which are currently unknown which will vary depending upon what is chosen by the Park Board /City 3 w 1 . ., , ) / 1 * I m , ( TQ' ' '' /■(' - ' -- _--,// j - I ■; / ' • , , - '/,„/ I\ \''■ ' ,, --'' _ // ,--'' - ' , i I T i,, ,.._.„,( . _ „ ,,, , 7 , ,/ ,,- _ , , \1... 1 I , ___, ( ■,_ ,7 — --4 , \\ \IT ill ( rri ) ( k . / 1 _ ?'• s 7 , _ I „,----- , ,,, .._ ..) ) \ )1 -- 1 1 / A _ r /1‘ t .`-• - \ J 1 .-' , ,,., ? / _ ) / 7 ,--.„.„,,,,:., \ \ ..,, \ ._, __,;2__::___- • ' (- _ .,..___.: , i - z_ ___:-- 4- d v.,, 4 Tir -di' 5) .„ . . k :••,. 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' k+ . , '' li .-- I� Northwest Associated Consultants Inc. C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Stephen Grittman/Scott Richards DATE: 24 August 1995 RE: Administration - Dolan v. Ti .arcs - Impacts for Municipalities FILE NO: 801 BACKGROUND In June of 1994, the U.S. Supreme Court decided Dolan V City of Tigard. As you may know, Dolan was a case in which a landowner (Dolan) was required to dedicate a floodplain area and a bike /pedestrian trail easement as condition of development approval on her lot, in this case, the reconstruction of a new and larger hardware store. She contested the exactions, claiming that the dedications were unconstitutional takings without compensation. The Supreme Court agreed that the takings were legal, that is, that the governmental purpose was a legitimate one. The Court focussed instead on the amount of taking as compared to the impact created by the development on the lot in question. In a previous case, Nollan v. Cal_ Coastal Commission, the Court established the rule that there must be an essential nexus between the taking and the "legitimate governmental purpose ". Thus, California's exaction of a beachfront walking easement was not reasonably related to its professed purpose of "increased visual access to the ocean ", even though that purpose was legitimate. In Dolan, the issue became: Are the exactions reasonably related in degree to the legitimate governmental purpose, and especially those exactions which deprive a property owner of "the right to exclude others ", such as trail easements? The majority of the Court ruled 5 -4 that they were not in this case. They established a new rule that a governmental taking must be "roughly proportional" (as opposed to merely related, or exactly proportional) to the legitimate governmental interest. Many development interests have considered Dolan to be a major victory with regard to property rights. This may be true with regard to theory. However, it would seem that the real -world impacts may be Less dramatic than advertised. EXHIBIT C (4 PAGES) 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 EVIPACTS IN MINNESOTA There appear to be two primary upshots of this ruling for municipalities in Minnesota: 1) Cities must make individualized determinations as to the project impacts in relation to the level of dedications and other exactions required. Since most cities make these requirements at subdivision approval stage, this is where the determination of "rough proportionality" must be done; 2) The burden is now on the City to show that the exaction is roughly proportional to the proposed project's impacts. Formerly, there was a presumption that the City's exaction requirement was legitimate. The developer challenging the City's exaction was burdened with showing that it was either not a legitimate purpose, or there was no essential nexus. The technical application of this new rule is that when a plat proposal comes in, the City's response would be to analyze its impacts, determine what dedications are required, then show the developer that the project impacts are roughly proportional to the dedications to be required. If the City cannot do this, it would presumably have to pay for the excess taking. [See comment below as to "Practical Effects "] As noted, the net impact for the City is that any development exaction which goes beyond that necessary to accommodate the development itself will have to be purchased. This includes street rights -of -way, utility easements, area -wide ponding, park dedications, etc. This will almost always be in cases of exactions for regional facilities, such as collector roads, sewer trunk line easements which are wider than that necessary for a smaller lateral, or a park which is sized and intended for service to portions of the City not a part of the proposed development. PRACTICAL EFFECTS There are a few things Cities apparently must do in order to comply with the Dolan ruling: • Eliminate language in the park dedication sections of the Subdivision Ordinance which prescribes a specific percentage land dedication. The previous Minnesota Court of Appeals decision which resulted in a presumption that a 10% park dedication was reasonable is overruled to the extent that it would endorse a blanket requirement. The determination must be individualized to the project being proposed. • Park dedication requirements may be "easy" to calculate for residential projects, due to available national standards for park requirements. However, for cities which also assess a park dedication fee for commercial development, the calculation will be more difficult. Somehow, it will have to be established that the business places a quantifiable demand on the recreation facilities through league play, etc. 2 • Although it is less clear, cities should assess and collect any dedication fees at the time of subdivision approval, and tie their payment to some recordable document such as a development agreement. In the event that the City does not wish to require full collection of the fees at the time of platting, the charges should definitely be recorded through a development agreement. If a City cannot point to a previous agreement to pay a park dedication fee, presumably based on some sort of study, a subsequent buyer /builder may be able to challenge the fee, requiring a new study for that particular building. There are a few things which Cities may (or should) do, as well: • Some people familiar with Minnesota law believe that it will be plausible to aggregate the effects of local development in determining the need for area -wide dedications. This theory assumes that one area will dedicate the parkland, a second will dedicate the collector street ROW, and another will dedicate the ponding area, for example. In aggregate, the dedications are "roughly proportional". If such aggregation were to occur, it would seem most likely under the process described in the next paragraph. • The bottom -line impact would seem more likely to be the following scenario: A developer will come to the City to propose a project. If the City has done a thorough job of Comprehensive Planning for all of its infrastructure requirements, such as collector/ arterial streets, trunk water and sewer, stormwater control systems, and parks, the City will say to the developer: We think that the dedications for your project, based on our Comprehensive Plan, are roughly proportional to your project impacts. If you design your project to accommodate them, you will be able to get a preliminary plat request on the Planning Commission agenda in two or three weeks. If, on the other hand, you would like us to do a more individualized study, we will, per our responsibility under Dolan. However, it is going to take us at least 60 days, and you will have to agree to escrow for the cost of our consultants (just as many cities do now for §429 feasibility studies)." In this scenario, the City needs to make sure that its Comprehensive Plan is complete with regard to the infrastructure dedications it will want to require, including Park and Trail locations, sizes, and service areas. The vast majority of developers are not likely to embrace the idea of the cost or the wait, and will agree to abide by the City's Comprehensive Plan. This assumes that the Plan is clear, reasonable, and is complete with regard to all of the exactions the City will want to require. If the Plan is not complete, then at least one individualized study will have to be done anyway, in which case the developer may choose to require all of them. It is assumed that with individualized studies, the City will have a difficult time showing rough proportionality in all cases, and will have to buy some of its easement acquisition formerly gained through dedication requirements. 3 This latter approach would seem to be better for both the City and the developer. The developer would not be held up, nor have to assume the costs of an uncertain study, and the City would not have to end up purchasing easements and rights -of -way which previously were dedicated as a part of the platting process. The City has two options under the Dolan rule: (1) The City may proceed under their current Comprehensive Plan, and conduct the individualized studies as each development proposal comes in. As noted above, this process may be more expensive and time consuming than previous plat approvals. To the extent that developers are dissatisfied with this impact, it may tend to discourage development activity. (2) The City may update the various sections of its Comprehensive Plan which may result in a physical or regulatory taking. For most communities, this may mean some general tinkering with the utility, stormwater control, and transportation plans, and major work in the areas of parks and trails. In either of these cases (but especially the latter), the City should consider the use of Development Agreements much more routinely where exactions are made. In this way, exactions which are actually collected later than the filing of the final plat will be of record, and the property owner will have notice of them. pc: Mike Robertson 4 p City of Oak Park Heights - Park Dedication Analysis Metropolitan Area Comparison August 15, 1995 City/ Residential - Land Residential - Cash Commercial Industrial Township Dedication Dedication Dedication Dedication Afton 10% of gross land area $2000 /residential $1500 /acre (there $1500 /acre (there being subdivided dwelling unit are no land are no land requirements) requirements) Baytown $300 /lot $300 /lot $300 /lot $300 /lot Township Buffalo One acre of land for $800 /unit for single None None every 75 persons the family lots, platted land could $800 /unit for two - house based upon 3.5 family lots, and persons per single $400 /unit for family lot, 6 persons multiple family per two - family lot, and dwellings 1 person per bedroom of multiple family units Eagan The City has adopted a $875 per single Land up to 7.5% Land up to 7.5% general standard of 15 family unit, $791 of net land area or of net land area or *See foot- acres of land that is per duplex unit, .65 cents per .65 cents per note and needed for every 1000 $723 per square foot/$2831 square foot/$2831 attached residents, of which 12 townhouse or quad per acre of net per acre of net copy of acres shall be unit, and $726 per land area. A land area. A subdivision designated as park. apartment or credit of up to credit of up to ordinance multiple family unit. 25% of the 25% of the section. 0 -1.9 units /ac =8% required required This comm- >1.9 units /ac =10% dedication may be dedication may be unity has a >3.5 units /ac =12% allowed by the allowed by the very detailed >5.9 units /ac =14% City Council for City Council for park and Add .5% for each unit stormwater stormwater trail dedica- over 10 control facilities. control facilities. tion process. Eden Up to 10% of $945 /unit for all Up to 10% of the Up to 10% of the Prairie subdivision area residential units subdivision land subdivision land area or $3410 per area or $3410 per acre cash acre cash contribution contribution EXHIBIT D (9 PAGES) Page Two, City of Oak Park Heights - Park Dedication Analysis 15 August 1995 Lakeville <2.5 units /ac =10% Single and Multiple 5% of gross 5% of gross 2.5 -4 units/ac=11% Family = $650 per land arca or 5% land area or 5% 4 -6 units /ac =13% dwelling unit of current market of current market 6 -8 units /ac =15% value of value of 8 -10 units /ac =17% unimproved land unimproved land 10 +units /ac= 17 -20% as determined by as determined by the County the County Assessor Assessor Minne- Reasonable portion of $400 /unit for single 10% of gross land 10% of gross land tonka gross land area being family, $300 /unit area or 10 cents area or 20 cents subdivided, but not for townhomes & per square foot of per square foot of less than 10 percent duplexes, $250 /unit building area building area for apartments Stillwater 7% of gross land area 10% of County None None Township Assessor's unimproved value of property White Bear 10% of gross land area $500 /unit for single 10% of gross land 10% of gross land Lake family, $1000 /lot area or 7% of area or 7% of for two - family lots, land value or land value or and $325 /unit plus $2500 /acre $2500 /acre $75 /bedroom (2 +) for apartments and other mult. family Woodbury A reasonable portion A cash amount Same as for Same as for in compliance with equivalent to the residential uses residential uses comprehensive plan, amount of land determined on a case- required, by -case basis determined on a case -by -case basis * Eagan is the only community that has a separate trail dedication requirement in addition to the above outlined park dedication requirement. If land is identified within the City's Trail Plan as a trail route, then land will be required, either as the sole means of dedication or in combination with a cash dedication (the land dedication must be equal to or greater than the cash requirement). Cash contributions are $105 per residential dwelling unit and $880 per acre for commercial, industrial and public facilities. • _AGHN FIRE IEPI Hug 14'y5 1U :42 No.0U1 F.u2 CITY OF EAGAN TRAIL DEDICATION 1995 POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR TRAIL PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. 1. PURPOSE The City Council recognizes that in the best interest of the health, safety and welfare of the residents of Eagan, a standard be adopted to complete the Park Trail as set forth in the Eagan Comprehensive Guide Plan. The Eagan trail system is designed to provide links between the various points of interest and public facilities which exist and are planned within the community. To more adequately assure the timeliness and priority of the completion of segments of the trail system, the Council has resolved that as a prerequisite to plat approval, subdividers shall dedicate land for trails and /or shall make cash contributions to the City's park trail fund as provided by this section. 2. TRAIL LAND DEDICATION REQUIREMENTS A. Land to be dedicated shall be reasonably suited for its intended use and shall be at a location identified upon the City of Eagan's Trail Plan. B. The Advisory Parks, Recreation and Natural Resources Commission shall recommend to the City Council the trail land dedication and /or cash contribution requirements for proposed subdivision. C. Changes in density of plats shall be reviewed by the Advisory Parks, Recreation and Natural Resources Commission for reconsideration of trail land dedication and cash contribution requirements. D. When a proposed trail has been indicated in the City's official map or Comprehensive Plan, and it is located in whole or in part within the proposed plat, it shall be designated as such on the plat and shall be dedicated to the City of Eagan. If the subdivider elects not to dedicate an area in excess of the land required hereinunder for such a proposed trail, the City may consider acquiring the trail land through purchase or condemnation. E. Land area conveyed or dedicated to the City shall not be used in calculated density requirements of the City zoning ordinance. ?GHN FIRE DEPT. TEL :612 -681 -4777 Hug 14'95 10:46 No.001 P.u.3 1995 Trail Dedication Page 2 3. CASH DEDICATION A. In lieu of trail land dedication as set forth on the City's Trail Plan, the City may require the following case donations: Residential Dwelling Units $105.00 per dwelling unit Commercial /Industrial/ Public Facility $880.00 per acre B. The City may elect to receive a combination of cash and land for trail use. The fair market value of the land the City requires for its trail system shall be subtracted from the cash contribution requirement set forth in paragraph 3(a). The remainder shall be a cash contribution requirement. C. The fair market value shall be determined as of the time of preliminary plat approval in accordance with the following: 1. The City and the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the MAI or equivalent real estate appraisal societies. 3. If the City disputes such appraisal, the City may, at the subdividers expense, obtain a second appraisal of the property by an appraiser who is a member of the MAI or equivalent real estate appraisal societies. The second appraisal shall be conclusive evidence of the fair market value of the land. D. Planned Developments with mixed land uses shall make cash and /or trail land contributions in accordance with this section based upon the percentage of land devoted to the various uses. E. Cash for trail contributors are to be calculated at the time of final plat approval. With respect to a cash dedication for residential units, payment shall be required prior to the City releasing the final plat for recording purposes. With respect to commercial /industrial /public facility property, payment for the cash dedication shall be made at the time of the application for the building permit. F. Cash contributions for the trail dedication shall be deposited in the City's Park and Recreation Trail Development Fund and shall only be used for trail planning, acquisition or development. PROCEDURES 93 T RNt. DE D • =GHN FIRE DEPT. iEL :611 - 681 -4Y Hug 14'95 10:4,5 No.uu1 F.ui CITY OF EAGAN PARK DEDICATION POLICY 1995 POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONTRIBUTED TO THE CITY IN LIES OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. 1. PURPOSE: The City Council recognizes it is essential to the health, safety and welfare of the residents of Eagan and persons working in Eagan, that the character and quality of the environment be considered to be of major importance in the planning and development of the city. In this regard the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential , commercial /industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today, but also be insightful to the needs of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle is to inevitably over -tax existing facilities and thus, diminish the quality of the environment for all. The City's Park Systems Plan Study has established minimum community criteria for meeting the needs of the residents of Eagan. In order to meet the community needs for parks and open space, 15 acres of park shall be required for each 1,000 residents of which 12 acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. It is the policy of Eagan that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land within the city shall be directly related to the density and intensity of each subdivision and development. =iGRN FIRE DEPT. TEL:612- 681 -4777 Rug 14'95 10:44 No.001 P.05 1995 Parks Dedication Page 2 2. RESIDENTIAL PARKLAND DEDICATION The amount of land to be dedicated by a developer shall be based on the gross area of the proposed subdivision, proposed type of dwelling unit and density. Census data for 1985 of 3.5 residents for single family, 2.8 for duplex, 2.1 for townhouse /quad. and 1.9 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Eagan residents. The formula for land dedication: The greater of 1) proposed unit per acre 2) zones density. DWELLING UNITS LAND TO BE DEDICATED 0 - 1.9 units per acre 8% 1.9 - 3.5 units per acre 10% 3.5 - 5.9 units per acre 12% 6 - 10 units per acre 14% 10+ units per acre Add .5% for each unit over 10 3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Park Systems Plan and Comprehensive Guide Plan. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and/or payment of fees -in -lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus is strictly forbidden without the written approval of the Director of Parks and Recreation. E. Grading and utility plans, which may affector impact the proposed park dedication, shall be reviewed and approved by the Parks and Recreation Director prior to dedication , or at such time as reasonably determined. AGRN FIRE DEPT. TEL :612- 681 - 4 7' 7 Aug 14'95 10:44 No.001 P.06 • 1995 Park Dedication Page 3 F. To be eligible for park dedication credit, land dedicated is to be located outside of drainways, flood plains or ponding area the site has been developed. Grades exceeding 12% or are unsuitable for parks development shall be considered for partial dedication. Where ponding has been determined to have a park function, credit will be given at a rate of 50% of the pond and adjoining land area below the high water level; a minimum of 70% of land above the high water mark shall be dedicated before pond credit is granted. Other City park dedication policies relating to pond dedication must also be complied with. In those cases where subdivider's and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball fields, etc, within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director may recommend to the Advisory Parks, Recreation and Natural Resources Commission that the amount of land to be dedicated for park, playground and public open area space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 25% of the amount calculated under paragraph 2 above. G. The City, upon review, may determine that the developer shall create and maintain some form of on -site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. 4. CASH DEDICATION If, at the option of the City, it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Advisory Parks, Recreation and Natural Resources Commission, shall annually determine by resolution the park cash dedication fee per residential unit. Said fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre which shall provide the equivalency of twelve acres per thousand population. _HGHN FIRE DEP{. I rr hug 14 ' .UU1 r.ur 1995 Park Dedication Page 4 Said cash dedication, effective January 1, 1995 shall be: Cash Equivalent Units Per Per Residential Housing Type Average Market Value 100 Population Unit Single Family $20,400 per acre 28 $875.00 Duplex $23,070 per acre 35 $791.00 Townhouse/Quad $28,317 per acre 47 $723.00 Apts /Multiple $31,460 per acre 52 $726.00 Cash dedication shall be determined /computed at the rate in effect at the time of final plat. 5. 1 DUSTRIA MERCIAL ICATIO LE UI REMENT Subdivider's and developers of commercial /industrial land, including commercial /industrial portionsof Planned Developments, shall be required atthe time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, an amount of land up to 7.5% of the net land area within the development as determined by the City. In those cases where the City does not require park or open space within such developments, the City shall require payment of fees in lieu of such land dedication in an amount equal to $.065 per square foot/$2,831.00 per acre of net land area, or such amount as determined by the City Council. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval, as determined by the City. The fee dedication requirement for all commercial /industrial plats which have received site plan approval prior to January 1, 1983, but have not been issued building permit, approval from the City shall be in an amount equal to $.0325 per sq. ft. of net land which shall be contributed at the time of building permit approval. A credit of up to 25% of the required dedication may be allowed by the City Council for on -site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The City Council, upon review and recommendation of the Advisory Parks, Recreation and Natural Resources Commission, may annually review and determine by resolution, an adjustment to the industrial /commercial fee based upon the City's estimate of the average value of undeveloped commercial /industrial land in the City. 71,3mN F1KL ULF'I . ILL :b11 - b61 - 4((( Hug 14'yb 1U :4b No.UU1 F.uo • 1995 Park Dedication • Page 5 • 6. REQUIRED IMERQVEMENTS Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contractor site plan approval responsibilities. Landscape screening shall be in accordance with City Policy. 8. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. Provide sufficient public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. 7. AUTHORITY The State of Minnesota has recognized the importance of providing for parks and open space in M.S.A. 462.358, Subdivision 2 (b) which clearly gives the right to cities in its subdivisions regulations to require reasonable portions for public use. The City of Eagan has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting the public needs. PROCCOURES93PARK. DWD • Northwest Associated Consultants Inc. C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H MEMORANDUM tr 1' TO: Mike Robertson • FROM: Scott Richards DATE: 19 February 1996 RE: Oak Park Heights - Park and Trail Survey - Local Business FILE NO: 798.04 - 96.04 As per your request, I have reviewed the results of the Park and Trail Survey of local business in Oak Park Heights (see attached). The 17 percent response is very positive considering 10 percent is an average response and 20 percent is excellent in community survey work. The purpose of the survey was to find out if Oak Park Heights business or employees were using the park system for company picnics, events, or during the lunch hours. We wanted to establish a justification for assessing park dedication fees and possibly for supporting an increase in the fee schedule. From the results of the survey, 30 percent of the respondents indicated that they or their employees used the City's park facilities in the last three years. A small percentage of the respondents indicated that they supported recreational league activities or utilized parks during the business day for lunch breaks, walks, etc. The survey, in part, helps the City justify its park dedication fee charged for new commercial activity. It does not, however, help us establish the appropriate ratio of cash to acreage formula for an Ordinance revision. Staff will continue to work on that specific formula and provide a recommendation to Council. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Enclosure 5 • OAK PARK HEIGHTS PARK AND TRAIL SURVEY TABULATIONS 1. Overall, how important do you feel it is for the City to provide park and trail opportunities for community business? 22% - Very Important • 22% - Somewhat. Important 48% - Not Important 8% - No °pinion 2. In the past three years, how often do you estimate that your business (or employees of your business) have made use of Oak Park Heights park and trail facilities (in association with the business, i.e. company picnics, etc.)? 70% - None 11% - 1 -3 Times 4 ` / 0 - 4 - 6 Times 4% - 7 -9 Times 11% - 10+ Times If you have utilized those facilities in the past year, would you consider using them again? 30% - Yes. All surveys that indicated park usage stated that they would utilized them again. 3. Please indicate the extent to which your business (or employees of your business) utilize the following City park facilities. Valley View Brekke Park 4% - Use Regularly 8% - Use Regularly 15% - Use Occasionally 15% - Use Occasionally 81% - Never Use 78% - Never Use Swager Park Cover Park 4% - Use Regularly 0% - Use Regularly 4% - Use Occasionally 4% - Use Occasionally 92% - Never Use 96% - Never Use 4. From a business owner /operator perspective, which of the following park facilities do you (or your employees) use on a regular basis (more than six times per year)? 9% - Trails 17% - Picnic Tables 12% - Picnic Shelters 9% - Benches 5% - Tennis Courts 9% - Baseball /Softball Fields 0% - Basketball Courts 12% - Swing /Play Sets 0% - Horseshoe Pits 3% - Hockey Rinks 9% - Grills 3% - Warming Houses 12% - Other: "None" ** NOTE: 63% of surveys returned did not check any item(s). Percentages listed in question 44 are based upon the 34 responses received. 5). Approximately, what distance does your business lie from the nearest park facility? 37% - Less than one- quarter (1/4) mile. 19% - Between one - quarter (1/4) and one -half (1/2) mile. 30% - Between one -half (1/2) and one (1) mile. 7% - Over one (1) Mile 7% - No response. ( *) ( *) One no response indicated, "Don't know - don't live here, so not sure where parks are." 6). In the past three years, how many civic organization (i.e., Lions, American Legion, etc.) events have you attended at. the City's park facilities? 89% - None 11% - 1 to 3 0% - More than 4 7). How many persons are employed by your business? 55% - 1 to 5 19% - 5 to 10 7% - 10 to 20 19% - More than 20 8). What type of business service do you provide? 18% - Office 0% - Pharmaceutical 71/4 - General Merchandise 0% - Lumber /Hardware 4% - Apparel 4% - Eating /Drinking 4% - Furniture /Home Furnishings 4% - Automobile 0% - Automotive 4% - No Response 4% - Food 51% - Other ( *) ( *) Others Listed: Electric Utility Medical /Dental Dance Classes Marina & Service Hair Salon Service Boats & Cycles Child Care /Nursery School Prison Manufacturing 9). Approximately, what percentage of your business' employees reside in the City Of Oak Park Heights? 4% - 100 Percent 7% - 50 to 75 Percent 0% - 75 to 100 Percent. 89% - Less than 50 Percent 10). Does your business sponsor /support any recreational league activities? • 15% - Yes 8 5% - No (*) ( *) One no respondent reported that they sponsored /supported hockey in the past • If yes, what activity? Baseball /Hockey, Valley Sports Association -Hih School Sports, V.A.A. and one said softball (not on a regular basis) 11). Do you or any of your employees utilize any City park or trail facilities during the business day (i.e., lunch break, etc.)? 15% - Yes 85% - No 12). Do you or any of your employees utilize parks in other cities during the business day or for business functions? 15% - Yes 85% - No If yes, where? City of Stillwater, City of Bayport, City of Somerset (specifically waterslide location) 13). In the space following, please provide any general comments you may have in regard to the relationship between community businesses and the City's park and trail system. "I haven't seen any park close to my business." "We have no need to conduct business!" "Parks are ok as is - forget the trails! A waste of our tax money." "Businesses should not influence the City's parks. It should be the residents." "A trail near a business would allow employees to utilize it much easier before, during, and after work." "A great benefit for the whole community." a. "We have limited use as a business, but our employees and their families use them often for non- business events, especially when their children are of grade school age." 14). What improvements /changes, if any, can be made to Oak Park Heights' system of parks /trails /walkways /recreational areas that would be useful to you or your employees? "Most people have to go to a fast food place to get their food. By the time they get that and go to a part to eat, it is too late. I f you could put food trucks at different parks, I think people .would go to then; and spend their lunches and maybe bring their families there on the weekend." "A bike path /running path linking all area communities would be useful and well used." "Would like to see river trail from north of Stillwater to Lakeland trails to Afton State Park." "Maps." "None. No "trail system" No more city taxes!" "None! Save your money!" "No idea." "Distribute a one page map of all areas." "Build a practice sand trap for golfers." "Sidewalks in residential areas" SUMMARY: 160 Surveys were mailed to local businesses. Three were returned as undeliverable. 27 of the surveys were received back for a 17% response back from our business community. • LAW OFFICES OF E 1.( CKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439 -2878 JAMES F. LAMMERS '6 12) 439.2923 ROBERT G BRIGGS r+5..? '3 � PAUL A. WOLFF s • J MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON September 22, 1995 THE HONORABLE BARBARA H O'NEAL MR MARK SWENSON MAYOR OF CITY OF OAK PARK HTS 14846 UPPER 55TH ST 5495 OAK GREEN PLACE NORTH OAK PARK HTS MN 55082 OAK PARK HTS MN 55082 MR DAVID SCHAAF MS JANET ROBERT 6201 ST CROIX TRAIL N #121 6216 N LOOKOUT TRAIL OAK PARK HTS MN 55082 OAK PARK HTS MN 55082 MR DEAN KERN SR 5885 OLDFIELD AVENUE NORTH OAK PARK HTS MN 55082 RE: Proposed Modification of Oak Park Ordinances Affecting Park Dedication Fees Annexation Area Park Planner's Report of 8/24/95 Dear Mayor and Council: We have reviewed the Planner's Report of August 24, 1995, affecting his analysis of the need to increase the Park Dedication Fees which are assessed currently under the City's zoning and subdivision codes. State statute allows municipalities to promulgate rules for the subdivision of land and to adopt regulations requiring that portions thereof be dedicated to the public or preserved for public use. With respect to park dedication, the statute allows cities to adopt regulations that require "a reasonable portion" of any proposed subdivision to be dedicated to the public or preserved for conservation purposes or for public use as parks, "playgrounds, tails, wetlands or open space." Most, if not all, cities in Minnesota have enacted regulations that take advantage of this enabling statute. In applying the regulations, the cities have been generally aggressive in requiring developers to dedicate land for public purposes throughout the MAYOR and COUNCIL Page Two September 22, 1995 subdivision process. The statutory authority, as well as the concept of municipal regulation requiring parkland dedication, has long since been sustained by our Supreme Court in Collis v. City of Bloomington, 310 Minn. 5 246 N.W.2d 19 (Minn. 1976). The battle ground between developers and cities, over parkland dedication, has been waged over statutory limitation, which allows municipalities only to require "a reasonable portion" of the developer's land which a municipality would reasonably require for parkland purposes. Up until recently, very few developers, following the decision of the Minnesota Supreme Court in Collis took opportunity to challenge the municipal requirement. In 1994 the situation changed with the decision of the United States Supreme Court in Dolan v. City of Tigard, 114 Supreme Court 2309 (1994). The Dolan decision challenged the determination of the Oregon Supreme Court which held that the City could reasonably impose the condition on approval building permits on the dedication of portions of the developer's property for flood control and traffic improvements. The State of Oregon had also adopted the Comprehensive Land Use Management Plan not dissimilar to the State of Minnesota and the City of Tigard under the provisions of its Community Development Code adopted under the authority of that statute, required property owners, within the central business district, to comply with a 15% open space in landscaping requirement on parcels that would be developed. In a 5 to 4 decision, the United States Supreme Court held that the city's dedication requirements, under its Ordinance, constituted an uncompensated taking of property. The Supreme Court required municipal ordinances to establish a "essential nexus" between the interest to acquire the property and the property owners need to obtain a permit from the city for the particular use that it wishes to impose upon the property, i.e. whether the degree of the municipal extraction for land dedication demanded by the ordinance bears a required relationship to the projected impact of the proposed development of the landowner. The practical implications of the Dolan decision is that it has changed the rules regarding parkland dedications and municipal extractions from developers. Specifically, local government now has the burden of proof to demonstrate that the degree of parkland dedication or other extraction demanded by the permit condition, bears the required relationship to the projected impact of the proposed development. A municipal extraction from the developer must be reasonably related both in nature and extent to the proposed impact of the development. MAYOR and COUNCIL Page Three September 22, 1995 To some extent, we must determine whether or not the demanded parkland dedication, in each case, is roughly proportionate to the proposed developments impact on the need to provide those municipal facilities to the public. The Dolan case specifically provides that no precise mathematical calculation is required, but that the city must make a form of individualized determination that the required dedication is both related in nature and extent to the impact of the proposed development. In this particular instance, the City Planner has recommended that we revise the land dedication formula to a minimum of 100 of the value of developable properties because the rate is consistent with other communities. We would forewarn you, however, that under the Dolan decision, it is probably not wise to base a land dedication on the calculation on the assumption that a 10v dedication will be required as that specific rate is not per se valid under Dolan scrutiny. The test of reasonableness, if required under judicial scrutiny, will not be limited to a fixed percentage of land, which a subdivider is asked to dedicate, but must include an analysis as to whether or not the subdivider's contribution to the demand for public use of dedicated land within the area is justified by the proposed development. Of some concern, is a suggestion within the report that the cash dedication amount for commercial and industrial property be increased from $1,750.00 per acre to $3,000.00 per acre. The Planner does note that many communities do not charge commercial and industrial park development dedication fees, but the theory of the charge is that business does generate demand for parks due in part to league play or utilization by employees. We do not have currently, within the proposal, any specific data regarding demand or use generated by commercial or industrial development for parkland purposes. Without that data, if a challenge would pursue from a developer, it is unlikely that the city's proposal increasing the park dedication demand on commercial and industrial use would be sustained. Indeed, under the Dolan decision it is unlikely that any municipal ordinance would survive judicial scrutiny, if it were not supported by specific factual and statistical analysis as to the demand placed upon the municipality to provide parkland services by various developments. The safest course for the City to pursue on any issue of parkland dedication, either under the existing ordinance or under any proposed amendment to it, would be to generate a specific study that would reasonably estimate the demand for municipal services and parkland demand generated by various types of development. • F MAYOR and COUNCIL Page Four September 22, 1995 This study could be based upon wide -based metropolitan data and would not be limited or confined purely to the boarders of the City of Oak Park Heights. Additionally, if other cities have conducted similar studies, the City could certainly utilize their analysis as part of its own analysis in modifying the parkland dedication provisions of your ordinances. I would suggest to the Council that you establish a public hearing before the City Council in November or December to deal with the issue of parkland dedication, but also instruct the City Planner to research what available studies have been completed by other jurisdictions affecting the issues that the City is required to address now under the Dolan decision and provide that information back to the Council by written report. Additionally, the City may wish to authorize the Planner to conduct its own study with regard to reasonably attempting to assess the critical element of the demand that is placed upon the City to provide parkland dedication and related trails and services by residential, commercial and industrial developments. If you should have any questions in the matter, please feel free to contact me directly. Yours very truly, 1 Mark J. Vierling MJV /smp cc: Mr. Michael Robertson Mr. Scott Richards L v+ ._... „ vv 1 i I v , Mr\ FI1I T\ nG1 Uri IG -' G1G J» 70.. NU. iiJ tAU5 1995 PARR RESERVATIONS BY AREA ORGANIZATIONS Brekke St. Croix Catholic - Picnic Gathering St. Croix Valley Red Cross Stillwater Community Education Herberger's - Company Picnic Valley View St. Paul Lutheran Church - Church Picnic Salem Lutheran Church - Group Meetings Stillwater B.P.W. School District #834 - Picnic Meeting Family Violence Network - Annual Picnic Washington County Disabled American Vets - Annual Picnic Since most reservations are made under individuals' names, it is possible that some additional organizations that we are not aware of made use of our parks. r .;i t.� City of Oak Park Heights - Park Dedication Analysis Metropolitan Area Comparison November 1995 City/ Residential - Land Residential - Cash Commercial Industrial Township Dedication Dedication Dedication Dedication Afton 10% of gross land $2000 /residential $1500 /acre (there $1500 /acre (there area being subdivided dwelling unit are no land are no land requirements) requirements) Baytown $300 /lot $300 /lot $300 /lot $300 /lot Township Buffalo One acre of land for $800 /unit for None None every 75 persons the single family lots, platted land could $800 /unit for two - house based upon 3.5 family lots, and persons per single $400 /unit for family lot, 6 persons multiple family per two - family lot, dwellings and 1 person per bedroom of multiple family units Chanhassen One acre of land for 10 percent of fair 10 percent of fair 10 percent of fair every 75 persons the market value of market value of market value of platted land could undeveloped undeveloped undeveloped house based upon 3.0 property. property or 10 property or 10 persons per single percent of gross percent of gross family, 6 persons per area being area being two family lot, and 1 platted. platted. person per bedroom of multiple family units. Eagan The City has adopted $875 per single Land up to 7.5 % Land up to 7.5 % a general standard of family unit, $791 of net land area of net land area *See foot- 15 acres of land that per duplex unit, or .65 cents per or .65 cents per note and is needed for every $723 per square square attached 1000 residents, of townhouse or quad foot /$2831 per foot /$2831 per copy of which 12 acres shall unit, and $726 per acre of net land acre of net land subdivision be designated as park. apartment or area. A credit of area. A credit of ordinance multiple family up to 25 % of the up to 25 % of the section. unit. required required This comm- 0 -1.9 units /ac =8% dedication may dedication may unity has a > 1.9 units /ac =10% be allowed by the be allowed by the very >3.5 units /ac =12 % City Council for City Council for detailed >5.9 units /ac =14% stormwater stormwater park and Add .5% for each control facilities. control facilities. trail dedica- unit over 10 tion process. Eden Up to 10% of $945 /unit for all Up to 10% of the Up to 10% of the Prairie subdivision area residential units subdivision land subdivision land area or $3410 per area or $3410 per acre cash acre cash contribution contribution Golden 10 percent of gross Equivalent cash 10 percent of 10 percent of Valley land area being amount based on gross land area gross land area subdivided fair market value being subdivided/ being subdivided/ of undeveloped equivalent cash equivalent cash land amount based on amount based on fair market value fair market value of undeveloped of undeveloped land land Lakeville <2.5 units /ac =10% Single and 5% of gross 5% of gross 2.5 -4 units /ac =11% Multiple Family = land area or 5% land area or 5% 4 -6 units /ac =13 % $650 per dwelling of current market of current market 6 -8 units /ac =15 % unit value of value of 8 -10 units /ac =17% unimproved land unimproved land 10 +units /ac =17-20% as determined by as determined by the County the County Assessor Assessor Minne- Reasonable portion of $400 /unit for 10% of gross 10% of gross tonka gross land area being single family, land area or 10 land area or 20 subdivided, but not $300 /unit for cents per square cents per square less than 10 percent townhomes & foot of building foot of building duplexes, area area $250 /unit for apartments Plymouth <2.0 dwelling units 1,150 per dwelling $3,850 per acre/ $3,850 per acre/ = 10% unit 10 percent of net 10 percent of net 2 -12 dwelling units = acreage acreage 10% + (actual density - 2) > 12 dwelling units = 20% + (1/2 actual density - 6) St. Louis None None None None Park Stillwater 7% of gross land area 10% of County None None Township Assessor's unimproved value of property White Bear 10% of gross land $500 /unit for 10% of gross 10% of gross Lake area single family, land area or 7% land area or 7% $1000 /lot for two- of land value or of land value or family lots, and $2500 /acre $2500 /acre $325 /unit plus $75 /bedroom (2 +) for apartments and other mult. family Woodbury A reasonable portion A cash amount Same as for Same as for in compliance with equivalent to the residential uses residential uses comprehensive plan, amount of land determined on a case- required, by -case basis determined on a case -by -case basis r * Eagan and Chanhassen are the only communities that have a separate trail dedication requirement in addition to the above outlined park dedication requirements. NOTE: With the exception of Eden Prairie, none of the aforementioned communities have conducted substantiation studies relating to park sytem impact. N NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE , o MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 7 July 1998 RE: Oak Park Heights - Design Guidelines FILE NO: 798.04 - 98.01 Please find attached a copy of the revised design guidelines reflecting comments from Council Member Robert and the Planning Commission. I would suggest this preliminary draft also be distributed to the entire Council for their review and comments. The Planning Commission and City Council should also discuss the process for reviewing and checking conformance with the guidelines. Some cities utilize a separate group as a Design Review Board, others utilize the Planning Commission or City Council as the governing body on design issues. Based upon the comments of the Planning Commission and City Council, the design guidelines will again be revised in anticipation of a Planning Commission hearing and a discussion at their 20 August meeting. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM •■•• ..,..,.,. • .701,7•(.7 rayc 1. VI W DESIGN GUIDELINES OAK PARK HEIGHTS, MN DRAFT JULY 1998 Purpose The purpose of these guidelines is to coordinate design themes for site planning, architecture, streetscape and signage of all commercial buildings for the area west of Oakgreen Avenue, and south of Highway 36. This coordinated design of this area will communicate an image of quality and stability. These standards are intended to prevent the use of materials and practices that are unsightly, rapidly deteriorate or contribute to depreciation of property values. It is not the intent of these guidelines to unduly restrict design freedom. Proposed developments which contradict any of the specific guidelines of this document will be reviewed to see if the desired outcome is accomplished. Process Developers must submit plans and drawings to the City in accordance with the Zoning Ordinance no fewer than twenty days prior to the Planning Commission's next meeting in order to appear before the Planning Commission for a public hearing. Submission materials shall include site plan, planting plan, architectural plans and elevations, signage plans, and lighting plans. Perspective sketches are desirable. Site and planting plans should include all existing and proposed site elements. Architectural and sign plans should include elevations of all exposed sides and identification of all materials and colors. 1 "tract I lme: 10.44.44 age po w Site Design The intent of the site design guidelines is to create efficient, attractive, inviting spaces that complement public ROW as well as adjacent private uses. Spaces that draw the eye and the user deeper into the site are encouraged to avoid shallow "strip" development. Issue Guideline Unifying Design Concept All buildings and parking should be visibly organized by a clear design concept. Harmonious composition of numerous similar or complementary forms encouraged. Il II �I Desirable Undesirable Building Placement When possible, buildings should be placed with long dimension perpendicular to highway or street frontage. The end of the building should be placed close to the highway or street with minimal parking between. A recommended maximum is 55 feet. This allows for one row of parking, driveway, and landscaping between building and highway. • •••• ••- .,,....o. .... v.. v.. nn,aiuo vaac. II1170 I IRIe: 10.4.).Vd Page 14 01 14 Parking Placement When possible, the long dimension of the primary parking area should be placed perpendicular to the highway or street. _ Highway wOy _ _ _ — — _ _ Highway F rontage ReTod — Frontooe Rood 1 Desirable Undesirable Architecture The intent of the architectural guidelines is to encourage thoughtful consideration of each individual building use as it relates to its unique site and surrounding sites to create a sense of identity that unique to Oak Park Heights. The Stillwater Area High School is considered a key component of this area and the continuation of the architectural style, colors and materials is desired. Custom Architecture Buildings and accessory structures shall be designed specifically for the site and to relate to the existing buildings around them and in the area (style, color, materials, etc.). Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited. Also prohibited are building color wraps and neon. 3 .. •••. •.-- -••..� .,..,..... .... ..., va. n�nauo vaw. II IIVO I ITe: 10:4L:.3L P age 11 01 14 Facade and Roof Articulation Articulation of the facade and roof line is encouraged. J L l I Desirable Undesirable Architectural Materials For the purposes of the subsection, materials shall be divided into four grades as follows: Grade I - a) brick b) glass c) natural stone d) masonry stucco e) copper panels Grade II - a) concrete block with specialty texture b) architecturally precast textured concrete panels Grade III - a) exterior finish installation system b) opaque panels c) ornamental metal Grade IV - a) smooth or scored concrete block b) smooth concrete tip up panels c) ceramic d) glass block e) wood 4 ..... ... a .� ..o.c. 1/11a0 Hine. 10.41.7L e r y i VI w d Buildings shall incorporate grades of materials in all exterior walls in the following manner: a) Office and commercial buildings must use at least three Grade I materials and must be composed of at least 65% Grade I or Grade II materials. Glass must make up 30% of this 65% (20% of building facade must be glass); not more than 35% of Grade II or Grade III material and not more than 10% of the building shall be Grade IV materials. b) Industrial and warehouse buildings must use at least two different Grade I or II materials and be composed of at least 65% Grade I or Grade II materials; not more than 35% Grade III or Grade IV materials. Not more than 10% of the building shall be Grade IV materials. c) Multi- tenant office /warehouse or showroom /warehouse or other combinations shall be 65% Grade I materials on primary exterior facades. Exterior wall with limited public exposure may use combinations of Grade II, III, or IV materials. d) Any expansions or additions to buildings must use the same or superior materials as the existing structure. e) Any variations to these guidelines must be approved by the City Council. Composition & Detailing Buildings shall use a combination of at least 3 of the high quality materials. No building should have large areas of blank wall surface, i.e., without articulation of surface or materials, visible from the street. A building more than 20 feet in width should be divided into increments of no more than 20 feet through articulation of the facade. This can be 5 -•••• •..••. .... ., ..... • V. .il VLL nwnm u� Iddle. 111170 lime: 10:41:11 Page 7 01 14 achieved through combinations of the following techniques: • Divisions or breaks in materials (although materials should be drawn from a common palette): • Window Bays; • Separate entrances and entry treatments, porticoes; • Variation in roof lines; • Awnings; • Building setbacks. ;2 Desirable Undesirable Color The exterior building color must blend with the architecture in the area (primary reference - Stillwater Area High School). The primary exterior building color shall be soft, warm earth tones - salmon, rose, tan, terra cotta, ochre. Less than 30% may be soft, cool tones - gray, green, blue. Less than 5% may be primary or vivid colors. Screening All roof, wall, and ground mounted mechanical equipment and trash collection areas shall be screened with material comparable and compatible with the exterior building materials. 6 I VIII. VV.. =IOU nl IG L uI II ly I V. `lGUll 1[I{:I1arUS Idle: / / / /91S lime: lb:4U:43 rage O 01 14 Parking Lot Design The intent of the streetscape guidelines is to create a unifying theme of the functional elements common to all uses. Lighting Site lighting will be in accordance with the Zoning Ordinance and uniformly spaced, "shoebox" style, dark bronze, metal halide on dark bronze poles not to exceed 25 feet in height and to provide an average of 3 foot candles. Parking Lot Islands Curbed islands of no less than 600 square feet are encouraged in parking lots in lieu of several smaller islands. I I :I I CI — Pill 11111111 H I 'I _ i _ _ i g - - 1 � I� �l�lllllllll )flllllllllllllllllll�lf Desirable Undesirable Parking Lot Setback A landscaped buffer strip at least 8 feet wide should be provided between all parking areas and the public sidewalk or street. The buffer strip shall consist of shade trees at a minimum but also may include, shrubs, decorative fence or masonry wall. A solid or opaque wall, fence or hedge shall not exceed three feet in height. 7 • r O C y ... ., Parking Lot Plantings Low shrubs and high- branching deciduous trees are encouraged where needed to preserve valuable site lines. Low shrub masses of no less than 18 shrubs per mass are encouraged in parking lot islands. • . • iP a au ou 8 I • — Desirable Undesirable Plant Material Variety A mixture of plant material types is encouraged. Desirable species are (but not limited to): Deciduous trees - White Ash /Fractions americana Ginkgo /Ginkgo bilob a Hackberry /Celtis occidentalis Honeylocust /Gleditisa triacanthos and cultivars Kentucky Coffeetree /Gyrnnocladus dioicus Linden /Tilia sp. and cultivars Norway Maple /Acer platanoides and cultivars Red Maple /Acer rubrum River Birch /Betula nigra Sugar Maple /Acer saccharum Pin Oak /Quercus palustris (acid soils) Swamp White Oak /Quercus bicolor 8 ........ ... ... ... .... .. ... �.r. n.7 .... ........ .......a.w vwc. l.iV IIIIIG. IV..Ia.L� rUSC N V$ 1.• r Coniferous trees: Austrian Pine /Pinus nigra Red Pine /Pinus resinosa Scotch Pine /Pinus sylvestris White Pine / Pinus strobus Black Hills Spruce /Picea glauca densata Colorado Spruce /Pinus pungens Norway Spruce /Picea abies White Spruce /Picea glauca Deciduous shrubs: (Due to large variety of species, only genus is suggested here): Chokeberry, Coralberry Cotoneaster, Currant, Dogwood, Euonymus, Forsythia, Honeysuckle, Lilac, Ninebark, Potentilla, Rose, Snowberry, Spirea, Sumac, Viburnum, Willow Coniferous shrubs: Juniper, Arborvitae, Yew, Pine Prohibited trees: Cottonwood (except for cottonless cultivars) Female ginkgo Boxelder American elm (except for disease resistant varieties) Silver Maple Mulberry Black Locust Willows Black Walnut (unless given plenty of space) Seeded varieties of Ash 9 ...............� .,�,.... ....................a .....o. v...v.�.. raye .d ... •-• Building Entrance Plantings Large sized trees are encouraged near the front and entrance of buildings. Pedestrian scale shrub planter areas within the front walk are encouraged Buildin _ Buildin __ Entrance ==— Entrance = ddt lie Front Walk`'' / Front Walk =? __ Parking � ) Lot - Parking - -- I - - - - -- Lot —a Desirable Undesirable Street Trees Street trees should be planted within a landscaped boulevard, spaced a maximum of 50 feet apart. The averaged spacing between street trees shall not exceed 40 feet apart. Pedestrian /Bike Routes Pedestrian and Bike Access Convenient access to the site for pedestrians and bicycles shall be included, i.e., walkways, signage, ramps, and bike racks. Bike rack capacity of 4 bikes for every 20 vehicular parking spaces should be provided in a visible and preferably sheltered location. Sidewalks shall be included on both sides of a major entrance to a commercial use. 10 .. .... ..- .... - - -.. .� . -. -�.. .......o. ..a ..a•c. 111170 11111e. 10.40.V. . . v. .. • I1 • • • • • MEMO �: �. ■ ■■■■u ■u■■ ■u III■■■N■ ■■ Desirable Undesirable Comprehensive Trail Plan The site shall include trails segments and connections in coordination with the City's Comprehensive Trail Plan Environment Stormwater ponding On -site stormwater ponding shall be included on each site appropriate to the size and runoff characteristics of the site (as determined by an engineer). Side slopes of the on -site ponding shall not be steeper than a 25% slope. All impervious surfaces (with the exception of bike /ped trails) shall be setback at least 100' from the ordinary high water level of any natural or manmade water bodies. The side slopes and setback area around the ponds shall be planted with appropriate native shrubs and native grass mixtures. Utilities Utilities All utilities shall be placed underground. 11 1•••••• ray,: ./ ' I Signage 12 vn. vw anu rvuc ucunny I V. dbVU ni�na/cu Yale. III1.YO IIMe: 10:3 /:1)1 ( age L 01 14 Glossary Building Frontage: The front facade of a building, typically abutting the sidewalk. Facade: The visible exterior walls of a building. Fenestration: The arrangement of windows in a building. Franchise Architecture: Building design that is trademarked or identified with a particular chain or corporation and is generic in nature. Impervious: Incapable of being penetrated by stormwater. Native (plant materials): Plant materials indigenous to northern United States and southern Canada. Sign Types: Stormwater: Any water that falls on and drains from a surface of the site, such as snow, rain, irrigation, etc. Streetscape: A public right of way, usually occupied by the street, boulevard, sidewalks, etc. Utilities: Public or semi -public services to private uses including sanitary sewer, water, storm drainage, electricity, cable, telephone, and gas. 13 i N N ORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH tn6LU4URE ii MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 7 July 1998 RE: Oak Park Heights - Comprehensive Plan Update FILE NO: 798.06 As indicated at last month's Planning Commission meeting, we had indicated that the first three sections of the Comprehensive Plan, including the Planning Tactics (Issue Summary), Inventory and Policy Plan would be available. It is our intent to distribute these plan sections at the Planning Commission meeting. We apologize that they are not completed for distribution with the Planning Commission packet. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM NORTHWEST ASSOCIATED CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 1 MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 7 July 1998 RE: Oak Park Heights - Planning Seminars for Planning Commission Members FILE NO: 798.04 - 98.07 Please find attached information from the Government Training Service related to upcoming Land Use Planning Seminars for Planning Commission training. As indicated, "The Basic" program will be held at the State Planning Conference on 23 September 1998 in Bemidji. The State Conference, combined with the training session, would be an excellent program for our new Planning Commissioners. If any of the Planning Commission members are interested in this session (the conference will start on 23 September and continue until the 25th), we should place them on the mailing list. For those interested in the Spring workshops, we will put them on that list. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM fir: x Gqvernment ' q nt Training Service 4 40 Cedar Street, Suite 401 • St. Paul, MN 55101 • (612) 222 -7409 • far (612) 223 -5307 Date: June 23, 1998 ! Contact: Tina Mlynarczyk ' 0`41" litYe Land Use Planning Update We appreciate your interest in the Land Use Planning Seminars offered by GTS this year. For those of you that were not able to attend the Annual Planning Institute in March/April there will be an additional program this fall. (This is only The Basics portion of the Land Use Seminars.) This program will be held at the Northern Inn in Bemidji on September 23, 1998, in conjuction with the American Planning Institute's Annual Conference. There will be no other planning programs presented until February, March, and April of 1999. These spring programs will be held in various metro and non -metro locations. Below is a request to be placed on our mailing list for either or both of our upcoming Land Use Seminars. You may mail or fax this request in to the address and number above. Thank you for your interest in our Annual Planning Institute. Please Print Name: Phone:( Area Code Address: Fax: ( ) Street Area Code City State Zip Please check the appropriate box or boxes: • ❑ Please put me on your mailing list for the Annual Planning Institute held on September 23 in. Bemidji._ ❑ Please put me on your mailing list for. the -1999 Springy Land Use Planning Workshops to be held in various locations. •