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HomeMy WebLinkAbout09-17-1998 Planning Commission Meeting Packet -1 CITY OF f 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 PLANNING COMMISSION MEETING AGENDA Thursday, September 17, 1998 7:00 P.M. 7:00 I. Call To Order II. Approve September 17, 1998 Minutes (1) 7:05 III. Public Hearings A. A request to consider a five (5) foot side yard setback variance for a garage addition at 14140 Upper 54 St. N. (2) B. A request for a preliminary plat/final, conditional use permit and variances to allow for a senior apartment building and professional office uses at 56 St. N. and Osman Ave. N. (3) C. Consideration of Design Guidelines for commercial and industrial properties within, the City of Oak Park Heights (4) 8:00 IV. Old Business A. Park Dedication (5) 8:15 V. New Business 8:20 VI. Informational /Update A. Special Meeting: Comprehensive Plan — Public Informational Meeting, November 5, 1998, 7:00 PM — Oak Park Heights City Hall 8:30 VII. Adjournment WORKSHOP - 8:30 PM 8:30 Comprehensive Plan Discussion and Update • Next Regular Meeting: November 19, 1998 - 7:00 PM - Oak Park Heights City Hall Tree City U.S.A. Planning Commission Agenda 1 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, THURSDAY, SEPTEMBER 17, 1991800 P.M. JIM LOSPE t Call To Order: Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Hedlund, Schultz, and Vogt. Staff Present: City Planner's Digre and Grittman, Administrative Assistant Mesko, Public Works Director Johnson, and Community Development/Recording Secretary Hultman. Absent: Commissioner Wasescha and City Planner Richards. Chair Hedlund announced that interviews, for the Community Development Director, were being conducted September 26t and asked any Commission member, wishing to participate in the interview session, to see City Administrator Melena. Commissioner Dahlquist indicated that he would be unable to participate but had participated in the interview process for the City Administrator position and encouraged other Commission members to participate. Chair Hedlund announced that the Water Supply Plan has been drafted and will become part of the City's Comprehensive Plan. He indicated that he had a copy of the water supply plan available for viewing. Visitors: Lynae Byrne, Parks Commission Chair and City Councilmember Candidate; Janet Robert, City Councilmember; Barb Barry, Skip Sorenson and Kurt Geisler for Presbyterian Homes; Joe McQuillan, 5558 Novak Ave. N.; and Greg Klohn, representing Burger King, requested a few moments to present the Commission with a minor design change for Burger King, which will be presented to the City Council at its September 22', meeting. Mr. Klohn was added to the agenda under new business. Approve Minutes: Chair Hedlund, seconded by Vogt, moved to approve the minutes of September 3,1998. Carried 4 -0. Public Hearings: A. Valley Senior Services Alliance - Partial General Plan of Development Approval Including a Prelimina ✓ Plat, Grading and Drainage Plans, Utility Plans, Street Plans, Model Home Location, and Other Preliminary Site Plans: Chair Hedlund noted for the records that a letter had been received from Menard's regarding their concern of having a large residential area near the commercial area. Chair Hedlund further noted that a couple of areas of the project that have changed quite a bit since the original proposal. One being the park acreage decreasing from approximately 22 acres, as indicated at the June 4, 1998 neighborhood meeting to that of approximately 13 acres. Secondly, the design of the Northeast parking lot appears to have grown closer to the park area. Chair Hedlund opened the public hearing for discussion at 7:20 p.m. City Planner Grittman reviewed the summary and recommendation of Northwest Associated Consultants, Inc. Joe McQuillan wished to know how closed the proposed berm would be built to the townhomes and expressed his concern about privacy from the proposed neighborhood and his. Skip Sorensen indicated that the berm, along the east of the River Hills neighborhood and coniferous trees would allow for privacy between the two neighborhoods. He further stated that they had their surveyor survey River Hills residents yards and streets as well as the Presbyterian Homes neighborhood to ensure privacy for each neighborhood. He stated that VSSA has offered to construct privacy fences for affected River Hills residents, who would like them and re- extended the same offer. Mr. McQuillan suggested that the proposed path be eliminated as it appeared to be unnecessary, adding that it will be dark and lighting will become necessary for those walking the path as an issue of safety. He suggested that the pathway be relocated across the street, where there will already be lighting available from the townhomes being constructed. Councilmember Robert stated that during the initial planning stages of this project, the Council acknowledged a number of trade -offs needing to be made between the City and Presbyterian Homes to bring both the housing project and the park to reality. She indicated that she feels that the park is getting squeezed way to small at this point. She raised several issues, one being that the northeast parking lot appears to be expanded and with changed boundary lines. She expressed that the 100 ft. set back from the water line should apply to all buildings and that the idea was for the park to have a park feel and not be situated in someone's front yard. Trails were expected to go up 58 St. and around, with a bridge over the wetland. She expressed that the trail going around the building if more likened to a sidewalk. With respect to the park needing to be larger some suggestions were made as to how to acquire more land for it; including, VSSA allowing the City to purchase additional park land from them and then VSSA purchasing land from the Senior High School. It was noted that Park Dedication for the project had not yet been determined. Commissioner Dahlquist stated that what he is hearing from the residents near the project area is that they would like to see an open area where they can go and that it was his opinion that the park and area, presently designated, does not feel like an open space for the public, but rather like a campus for the buildings that are there. He inquired as to the possibility of moving the cooperative building further north and opening the area up. Planning Commission Agenda 2 Skip Sorenson addressed the Commission on a number of items. VSSA would like a natural environment park. He suggested a linear park, coming down from 58 St. so that people could access the park and area. He envisions a resting area in the northerly area of 58 St., where people can gain access to the park, with benches and some prairie grass. He indicated that it was his opinion that it would be in the best interest of the City to take this land over so that they would have complete control of the wetland area. He stated that VSSA would be willing to change employee parking lot set back from 85 feet to 150 feet. He stated that accessibility to the community is very important to VSSA, including the trails and the parks. He stated that the wetland bridge would go across both ponds. He will discuss the extension of the park into the duplex area with VSSA's development people. Mr. Sorenson noted that VSSA has executed their purchase agreement on the land and that they would like to begin grading this Fall. Utilities and Streets will most likely be postponed until 1999. Barb Barry stated that they would be asking the City Council for permission to privately construct the roads and utilities in the neighborhood. VSSA plans to make good use of the existing trees on the site while the mild weather holds. She further stated that if the Winter weather proved to be mild that they would like to do what work they could on the project and would like to see a model home in place for Spring, 1999. Kurt Geisler indicated that they were open to discussion of a Southwest park quadrant linear park. He noted that preliminary discussions were had with the school district regarding the property near the Senior High School and that, at this time, the cost is prohibitive. He suggested that perhaps the City may consider purchasing the property and trading it with VSSA for more park land. Commissioner Dahlquist inquired as to the location of the cooperative building. Skip Sorenson indicated that topography puts the building away from the traffic on 58 Street and relieved VSSA of the need for fill needed to create an adequate base for construction. Commissioner Dahlquist indicated that he felt that there were a lot of comments and that information received by the Commission is not current nor does it include all of the necessary elements and suggested that it be sent back to City Staff for refinement. Commissioner Schultz indicated that he would be willing to schedule other meetings with VSSA to work through issues. Commissioner Dahlquist noted that there were quite a number of roads indicated as private on the plans and commented that he felt they could be worked in as long as the residents understand that they are private roads. Barb Barry indicated that the boulevard and the lower ring road would be public and that since VSSA will own the entire area and maintain it, there should be no problem with residents understanding and wanting to change gears from having private roadways to public roadways. She further stated that VSSA would work with City officials as to accessibility and safety. Commissioner Dahlquist noted that the retaining wall shown is to be done with two lift and is to be landscaped as directed by the City Engineer and that this is anticipated to be done this Fall. The retaining wall, designed by VSSA, is to be a concrete modular wall. Mr. Sorenson indicated that this is maintenance free once it is constructed. The purpose of the wall is to maintain the tree growth in the area. The City would maintain the wall after the property is turned over. The Commission as to a number of issues raised by all present for the Public Hearing discussion had general discussion. Chair Hedlund asked some of the questions (1) Does the City want to keep the Northern part of the park? There doesn't appear to be interest at this time. (2) Can the duplex/quad section suggested as part of Phase 1 be moved into Phase 11 to allow VSSA to begin work? VSSA is willing to do this. (3) Should the City Engineer approve the retaining wall design? Commissioner Dahlquist, seconded by Vogt moved to close discussion at 8:05 p.m. Carried 4 -0. Commissioner Dahlquist, seconded by Vogt moved to recommend that the City Council approve approval for Stage I of Phase 1 of the General Plan of Development for VSSA subject to conditions outlined in City Planners memorandum of motion. Carried 4 -0. This memorandum has been incorporated with the minutes of this meeting as an attachment and is filed at the City Hall. Old Business: A. Design Guidelines: The Commission reviewed the revised draft of the Design Guidelines for the City of Oak Park Heights as prepared by the City Planner. The Commission indicated that public input is needed for these guidelines. Commissioner Vogt, seconded by Schultz, moved to schedule a Public Hearing, for consideration of the Design Guidelines for the City of Oak Park Heights, on October 15, 1 998. Carried 4 -0. Planning Commission Agenda 3 .• B. Park Dedication: the City Planner presented A brief history of the issue. Chair Hedlund and Commissioners Vogt and Dahlquist indicated that they like the City of Eagan's process of receiving annual updates on park dedication. Commissioner Vogt expressed that he would like more time to review the park dedication material further. Commissioner Schultz stated that he would like to hear the feelings of the Parks Commission on the issue. Chair Hedlund, seconded by Schultz, moved to table this issue and directed staff to prepare a draft ordinance for the October 15, 1998 Planning Commission meeting, at which time they will revisit the issue. Carried 4 -0. B. Zoning Action Property Notification Signs: The City Planner presented cost estimates for the signs based on size and design. Chair Hedlund stated that it was his understanding that the Commission directed staff to determine sign specifications and order at its meeting of August 20, 1998. Chair Hedlund, seconded by Dahlquist, moved to direct City Staff to handle the matter of selecting and ordering the zoning action property notification signs. Carried 4 -0. New Business: A. Burger King: Administrative Assistant Mesko introduced Greg Klohn, to the Commission, as a representative for Burger King, She explained that Mr. Klohn was present to provide the Commission with a minor design modification for the Burger King store being constructed on Neal Ave. N. Mr. Klohn provided the Commission with a drawing of the design modification. Chair Hedlund inquired as to why this was being presented to the Commission, noting that the Commission has received no information regarding the project as development discussion was had prior tot he Commission being formed. Mesko indicated that Mr. Klohn was presenting this for their information only and that the Commission was not expected to make any recommendation and that Mr. Klohn would be presented the design modification request to the City Council at its September 22, 1998 meeting. Informational: Commissioner Vogt mentioned that the situation with the tax reduction for Andersen Window Corporation and how it has affected the budgeting process for the City of Bayport. He stated that this may be the kind of thing the City should keep an eye on for the future. Adjournment: Commissioner Vogt, seconded by Schultz, moved to adjourn the regular meeting and move onto the Comprehensive Plan Discussion and Update Workshop. Carried 4 -0. Meeting adjourned at 9:05 p.m. Next Regular Meeting: October 1 5, 1998 - 7:00 p.m. - Oak Park Heights City Hall Respectfully submitted, . `.ctf'mai'1 Ju ie A. Hultman Community Development/ Recording Secretary n ._ .. NORTHWEST ASSOCIATED CONSULTANTS I N C COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Julie Hultman FROM: Stephen Grittman DATE: September 18, 1998 RE: Oak Park Heights - Planning CommissionNSSA FILE NO: 798.02 - 98.02 Following is how I think the Planning Commission's intended motion should read. Brad and 1 have looked this over compared to our notes, and we believe we've got the bulk of it. Feel free to amend it as you see fit, or give Brad or myself a call if you would like to discuss it. Planning Commission approved a motion to recommend approval for Stage 1 of Phase 1 of the General Plan of Development PUD for VSSA, subject to the following conditions: 1. Approval is granted for the following: • a. Phase 1 amended to exclude the four twinhome buildings and one quadraminium building in the southwest portion of the proposed Phase 1 site plan. (See Exhibit A, amended) b. Preliminary Plat for the location of the model twinhome and public street rights of way, with the remainder of the plat to platted as outlots subject to further plan development. c. Grading and Drainage Plans for Phase 1, with the exception of the proposed 90 unit cooperative building and the proposed 17 acre main "Haase Park' area (see Exhibit B) d. Utility and Street Plans for the area shown in Exhibit B, as designed by Bonestroo, Rosene and Anderlik. e. Concept Approval of the Preliminary Site Plans, subject to comments noted below regarding park and trail development. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61E FAX 612 • SEP -18 -1998 10 07 NAC 612 595 9837 P 0370 f. Construction Permit for Stage 1, Phase 1 Grading, Drainage, Utilities, Streets, and one model home as identified in the areas shown on Exhibit A. 2. The zoning of Phase 1 to PUD District will be done only after approval of the General Plan of Development for Stages 1 and 2 of Phase 1. 3. The preliminary plat is to be resubmitted subject to the comments identified in the planning report dated 8 September 1998. 4. The preliminary site plan is approved subject to the comments found in the planning report dated 8 September 1998, subject to the amendment to Phase 1, and subject to meeting a 150 foot setback from the ordinary high water level of the pond system for all private improvements, including buildings and parking lots. Items 5. through 12. from our planning report are OK as listed. 13. The location and acreage of park land dedication shall be determined prior to final PUD approval based on Planning Commission and Park Commission recommendations, as well as continued discussions with the City Council regarding additional park acquisition objectives. 14. The locations of public and private trails shall be determined prior to final PUD approval based on Planning Commission and park Commission recommendations, and subject to the comments found in the 8 September 1998 planning report. 15. VSSA shall resubmit the preliminary tree preservation plans subject tot he staff comments found on page 6 of the 8 September 1998 planning report. 16. VSSA shall submit elevations and plans of the proposed model home for review and approval of the Planning Commission and City Council prior to the issuance of building permits. 17. VSSA shall enter into a development contract to address all issues related to Concept and General Plan of Development approval prior to the issuance of any of the permits referred to in this recommendation. 18. Subsequent building permit requests shall be subject to the design review process then in effect. 19. Any other conditions of City staff, Planning Commission, Park Commission or City Council. ■ 1 c r k "t r CT"i�� } ^T a 1R .1.71- •a. , - _ _ h r . \ . I I [AF ... 58 1 1( • . S TRE . „ 77 - . ----We-2-.' 1 " --- H �` _ l \ c li 000000 " 00 i J am+'"° " cno8 00 Op I c .' I ,r L , -- • OO •wR.c • O . :: '. r O .0' O j �I t 1 � O ° � \ \ \ GDt�I'¢G41AI, GEVeGC.'°i'Etl° y ..r� O O Q 0, _ � • I II t j o ,, , . Q,I \ t ( I ,� t ] � 1 O O t 1 e (1 D 1 � V P I / \`� 1 zr O O cS) o o I v° ° /D .e.7: � . 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The subject property is located within the R -1: Single Family Residential Zoning District at 14140 Upper 54th Street North. A ten (10) foot setback is required from side yards, which would be the west and east property lines. The variance is necessary because of the required ten (10) foot side yard setback from the west property line. The applicant would like to build an addition onto the existing garage. The addition would encroach five (5) feet into the setback. The applicant would be unable to construct to the east due to the front door to the residence being on the east side of the garage. The only direction the applicant can build would be west toward the property line. Attached for reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Request for submittal by the Building Official ANALYSIS Because the construction of an additional garage onto the existing garage, the applicant would be encroaching into the ten (10) foot side yard setback, thus requiring a side yard setback variance. A request for a variance may not be granted unless the following can 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@a WINTERNET.COM be demonstrated: 1. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. a. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. b. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. c. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. In this situation, the special condition would be the inability of the applicant to construct the addition to the east, due to the location of the front door of the residence. The possibility of encroaching into the front yard setback (toward the street) will not be considered by the City. .-. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance of deny the applicant the ability to put the property in question to a reasonable use. If the literal interpretation of the Ordinance were upheld, the applicant would not be able to construct a usable addition onto the existing garage. A ten (10) foot wide garage (less width for a door) would prevent the applicant entry into the garage for the storage of another car or a boat. 3. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. The desire to place the addition on the lot is an action caused by the applicant. However, the layout of the dwelling is such that the applicant cannot build toward the east (front door) or rear (existing structure) of the garage. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same 2 L district under the same conditions. Dependent upon the circumstances of the neighboring residences, similar allowances may be granted for such an addition. It would be beneficial to the resident and the City to have storage for additional cars or a boat. The resident would be able to better protect their investment and the City would be making it possible for residents to remove items from open sight, if so desired. 5. The request is not a result of non - conforming lands, structures or buildings in the same district. The request is not the result of non - conforming lands, structures or buildings. As the property exists the lot area and lot width are both met with existing setbacks being met, as well. 6. The request is not a use variance. The proposed additions is a permitted accessory use within the R -1 Zoning District, therefore, the proposal is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance requested is the minimum variance necessary to accomplish the proposed location of the garage addition. In fact, in order to lessen the amount of variance, the applicant reduced the distance of the front yard setback so as to meet the required minimum front yard setback of thirty (30) feet. 8. The request does not create an inconvenience to neighboring properties and uses. The proposed construction of the garage addition to encroach five (5) feet into a required side setback should not create an inconvenience of the neighborhood. RECOMMENDATION Based on the information contained herein, our office recommends that the Planning Commission make the following motions: 1. Because the proposed variance meets all of the variance criteria established by the City's Zoning Ordinance, the Planning Commission recommends and the City Council hereby approves the proposed five (5) foot side yard setback variance. 3 . ■ 2. All provisions stated in the Building Official's letter requesting additional information (Exhibit C) be complied with by the applicant. ^ cc: Richard Keller 4 4 1- __ - 0,1 I in 0.71r-i 1-11 MAIN. Is . lEILLrfi - - =-- - 4 - MO 1 lk a ma .".. /4J .... grosievinr=1 - ... ........ in i imwm.'...• ..:.- — E men 11111.mw 'Lilo ff. 4-, ip . I A" . pO r mull l ' Ima ri \ 1 X 1 17FL If 74"P .4 ‘411 Tiro P c .r........ o p. ,---- =win 044011: - _61 II% 1 . 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ZS1 ' I c- -, 1 , ,K,. _ / s lk ),,:'" _- 1 , I,,,,.v 1 i - 1 ....-.._ 7 i g V ' r - i ■ , A'',- f, , iiiii _ ___ ..c- _15 - - -----,■/,,,.„ i j , . , r, , , „ , , 1 - , 1 I [fl '-•-_, .-> !ki ,-- (-) Li 1 i- i - [ i - '- • ___ __ _ _ , ■ ____ -- 1 __ // - t _ „--- --21*1117' '''' ' ' t : - - - - ' — LEGEND Oak Park Heights 4- , 1;4 11, Zoning Map 1500 0 1500 Feet v i i 1 Anderlik & c_i 1 III Associates ••••=9.......enomminsinim 1 . ( ( ( 0 Wit ! ^ 20 I — il 1R- 0 5( r. 4 Iii,.)..)s..( m m �� _ ....__I w PROPOSED 1): wk i ADDITION - 0 (a j V I CI) -tom` �. E sc *r\�" I . r io Lv `I. L. t) t P , U __i ..., Lii ... . .-, ..r. E 1 1 S l'...'.'". \rc.pEe.. B (41-11 sr N 0414 0 �� , " CITY OF F OAK PARK HEIGHTS "' - 14168 N. 57th Street • Box 2007 •Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0 October 2, 1998 • Mr. & Mrs. Richard Keller 14140 Upper54th St. N. Oak Park Heights, MN 55082 Re: Proposed Garage Addition Dear Mr. & Mrs. Keller: I have reviewed your plan for a garage addition and request that you submit a more detailed plan of the addition. May I suggest enclosing your Certificate of Survey and adding the following information: 1. The width of the addition; 2. The length of the addition; 3. The square footage of the addition; 4. The square footage of the existing garage; 5. The total square feet of both; 6. The distance to the front property line from the addition; an& 7. The distance to the side lot line from the addition. In reference to your present drawing, you showed the garage addition extending to the front property setbacks. Please be advised that the City will not allow encroachment of the front setbacks. May I suggest a two -foot (2') setback from the front of the existing. I also need a drawing of the addition, showing a minimum of front to side elevations with the required dimension. This can usually be obtained from your building material supplier. Per your request, a Public Hearing has been scheduled for October 15, 1998 at 7:00 p.m., to consider a variance for a five -foot side yard setback. Should you have any questions, please call me. Sincerely, - Jim Butler, Building Official JB:jah Tree City U.S.A. EXHIBIT C NORTHWEST ASSOCIATED CONSULTANTS 1 INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 3 PLANNING REPORT TO: Tom Melena FROM: Troy D. Hagen / Scott Richards DATE: 9 October 1998 RE: Oak Park Heights - Carriage Homes - Variance / CUP / Subdivision FILE NO: 798.02 - 98.04 BACKGROUND Carriage Homes, Inc. has submitted plans for a 41 -unit elderly apartment complex with a 4,304 square foot office area on the fourth floor. It will require subdivision review, conditional use permits (CUP), and variance approval. The property is bound by Osgood Avenue (west), Upper 56th Street North (south), Osman Avenue North (east), and 57th Street North (north). The parcel is located in the R -B, Residential /Business Transitional. The elderly apartments are allowed through a conditional use permit within that zoning district. The abutting property to the north is similarly zoned. The property to the west, south, and east is zoned R -1, Single Family Residential and R -2, Low and Medium Density Residential. The applicant is requesting three CUPs and a variance. The CUPs are to allow for elderly housing, office space that will be used to manage the proposed apartment and other Carriage Homes properties, and for the combining of the two uses in one building. The variances are to allow for the building to encroach into the thirty (30) foot front and rear yard setbacks. As proposed on the site plan, the front yard setback would be eighteen (18) feet, while the rear yard setback would be twenty -five (25) feet. 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 Attached for reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Garage Floor Plan Exhibit D: First Floor Plan Exhibit E: Second & Third Floor Plan Exhibit F: Unit Floor Plan Exhibit G: Elevation Plan Exhibit H: Landscape Plan Exhibit I: Electrical Plan ISSUES ANALYSIS Comprehensive Plan. The proposed development of an elderly living apartment complex and professional offices use is consistent with the Comprehensive Plan. Zoning. The proposed development will be located in the R -B, Residential /Business Transitional District. The elderly living apartments and professional offices are conditional uses within this district. Site Design shall follow the standards established by the zoning district. Density requirements for elderly housing is 1,000 square feet of lot area per unit. The estimated lot area is approximately 40,250 square feet. Based upon the number of units (41), the minimum lot area shall be no less than 41,000 square feet. The applicant shall increase the lot size from additional property to the north or reduce the number of units to comply with the established requirements. Subdivision. The subject parcel is subdivided as Outlot B, Valley View Estates. Therefore, Outlot B must now be subdivided as a Lot/Block. The applicant has not submitted a preliminary/final plat for this parcel. Variances - Building Setback. Because of the unique configuration of the lot and the design of the building, the applicant is requesting a variance from the thirty (30) foot front and rear yard setbacks. A request for a variance may not be granted unless the following can be demonstrated: 1. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures of buildings in the same district. 2 a. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area of shape of the property. b. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. c. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. The applicant is proposing a typical apartment; double loaded floor plan with a hallway separating the two sides. Due to the unique configuration of the lot, the building depth cannot be accommodated for, given the shallowness of the lot (160') at the portion that encroaches the setback requirements. If the applicant were proposing a floor plan that exceeded typical building depth, in this case, the variance would not be acceptable. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. The reason for the variance is because of the pre - existing lot size. Because of the lot size, the applicant is limited in how the apartment complex can be sited on the property. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The applicant is proposing a typical double loaded apartment design. Due to the configuration of the lot, the building encroaches into the front and rear yard setbacks. In addition, if the proposed building were placed differently on the lot, it still encroach into the setbacks, but at a greater degree of encroachment. If the building were to take on an unusual design that made it wider, then perhaps the applicant would be creating the hardship. Therefore, given the configuration of the lot and design of the building, the applicant is not creating the hardship. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. Granting the variance would not grant the applicant any special privileges. 3 5. The request in not a result of non - conforming lands, structures or buildings in the same district. The request is not a result of non - conforming lands, structures or buildings. As the property exists, the lot area and lot width are met. 6. The request in not a use variance. The proposed elderly living apartments is considered a conditional use within the R -B, Residential / Business Transitional District. The management offices would also require a CUP, but they are not a factor regarding the variance issue. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The proposed building could be modified to reduce the encroachment into the front and rear yard setbacks, but the apartments would be dramatically reduced in size and number. The Planning Commission would have the ability to require the applicant to reduce the setback encroachment as a condition of approval of the project. 8. The request does not create an inconvenience to neighboring properties and uses. The proposed construction of the elderly living apartments would not create an ^ inconvenience to the neighboring properties and uses. Variance - Parking Lot Setback. The proposed parking lot would be only five (5) feet from the north property line. Due to the configuration of the lot, the parking lot could not be designed to allow for the required minimum setback (ten [10] feet) and meet the required minimum number of parking spaces needed. Therefore, a variance would be needed in order for the applicant to achieve the minimum standards. A request for a variance may not be granted unless the following can be demonstrated: 1. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures of buildings in the same district. a. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area of shape of the property. 4 } b. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. c. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Due to the unique configuration of the lot, the parking lot cannot be sited with the appropriate number of parking spaces, given the insufficient area of shape of the property. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. The reason for the variance is because of the pre - existing lot size. Because of the lot size, the applicant is limited in how the parking lot can be sited on the property. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The applicant is proposing a typical double loaded parking lot design. Due to the configuration of the lot, the parking lot encroaches into the yard setback. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. Granting the variance would not grant the applicant any special privileges. 5. The request in not a result of non - conforming lands, structures or buildings in the same district. The request is not a result of non - conforming lands, structures or buildings. As the property exists, the lot area and lot width are met. 6. The request in not a use variance. The proposed elderly living apartments and office space is considered a conditional use within the R -B, Residential / Business Transitional District. 5 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The proposed parking lot could be modified to reduce the encroachment into the yard setback, but the number of parking spaces would be reduced, which would not meet the minimum number of spaces required. 8. The request does not create an inconvenience to neighboring properties and uses. The proposed parking lot would not create an inconvenience to the neighboring properties and uses. Variance - Parking Spaces. The under ground parking lot satisfies the minimum number of parking spaces for the elderly housing, which is one (1) space per unit, for a total of forty -one (41) spaces. The above ground parking lot would be necessary to accommodate the parking requirements for visitors and the office space on the fourth floor. The required number of parking spaces for professional offices is three (3) spaces plus at least one (1) space per 200 square feet of floor area. Floor area is gross floor area minus ten (10) percent (4,303 - 10% = 3,873.6). The total required number of parking spaces is twenty - three (23). The applicant is proposing eighteen (18) parking spaces, therefore, a variance would be required or the applicant could reduce the size of the office space. The Planning Commission and City Council should provide direction on this matter. The request for a variance cannot be granted unless the criteria for variances as listed on pages 4 and 5 of the report are considered. Conditional Use Permit. Under the R -B District, elderly housing, professional offices, and the combination of the two uses in the same building would require CUPs. The approval of a CUP requires that certain information be submitted for review to determine the impact the uses would have on the surrounding properties. Under Section 401.28.E provisions for conditional use have been established for professional offices, elderly housing, and the combining of residential and non - residential uses, which are: For Professional Offices: 1. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 2. Adequate off-street parking is provided in compliance with Section 401.15.F of this Ordinance. 6 3. Adequate off - street loading is provided in compliance with Section 401.15.F of this Ordinance. 4. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. 5. When abutting an R -1, R -2, or R -3 District, a buffer area with screening and landscaping in compliance with Section 401.15.E of this Ordinance shall be provided. 6. All signing and information or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 7. The provisions of Section 401.03.A of this Ordinance are considered and satisfactorily met. Overall, the proposal addresses most of the conditions of the CUP but a lack of parking stalls and an adequate loading space will need to be addressed. For Elderly Housing: 1. Not more than ten (10) percent of the occupants may be persons sixty (60) years of age of under (spouse of a person over sixty (60) years of age or caretakers, etc.). It must be stated that in December of 1997, Congress passed the "Housing for Older Persons Act of 1995 ". The new law removed the requirement that senior housing (55 years and older), must provide services and facilities to meet the physical and social needs of older persons. The project can now be marketed as "Senior Only ", without being discriminatory, if eighty (80) percent of the units have one person 55 or older. The requirements of the Zoning Ordinance are superseded by the Federal requirements. 2. Except for caretaker units, occupancy shall be limited to man and wife, blood relatives, or a single and or single woman. 3. To continue to qualify for the elderly housing classification, the owner of agency shall file with the City Clerk and the Building Official a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty (60) years of age or under to qualified tenants, or to the building. 4. There is adequate off - street parking in compliance with Section 401.15.E of this Ordinance. 7 . 5. One (1) off - street loading space in compliance with Section 401.03.F of this Ordinance. 6. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 401.15.E of this Ordinance. 7. The site of the principal use and its related parking is served by an arterial or collector street. 8. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 9. The principal use structure is in compliance with the Minnesota State Uniform Building Code. 10. Elevator services is provided to each floor level. 11. Usable open space as defined in Section 401.02. B of this Ordinance at a minimum equal to twenty (20) percent of the gross lot area. 12. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The proposed use addresses most of the requirements except for the lack of an adequate loading space and the site does not allow for 20% usable open space. For Combining Residential and Non - Residential: 1. Residential and non - residential uses shall not be contained on the same floor. 2. The residential and non - residential uses shall not conflict in any number. 3. The residential building standards as outlined in this section are met. 4. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The proposed project addresses these conditions adequately. Ingress /Egress. Access to the elderly apartment is proposed to be at two locations. The first would be from the outside corner of Osman Avenue and 57th Street North. The curb cut size allowed shall be no more than twenty -four (24) feet. It appears that the proposed curb cut is approximately thirty -three (33) feet. This exceeds the maximum distance 8 established in the zoning code. The design of the entrance is felt to be desirable. However, we would recommend rounding the northern edge of the curb cut to allow to snow plowing and ease of turning. The entrance allows for the drop -off (reducing walking distance) of elders and adds an attractive appearance to the entrance. This would be subject to City Engineer approval. The second access would be located at the eastern end of the building. This would lead into the under ground parking lot. The estimated width of the curb cut is approximately twenty -six (26) feet. The curb cut shall be no more than twenty -four (24) feet wide unless approved by the City Engineer. Park Dedication. The applicant shall be required to make a cash contribution to the City's Park Fund as provided by the Subdivision Ordinance. Cash donation for "apartments, townhouses, condominiums and other dwelling units" is $250.00 per unit plus $85.00 per bedroom above the first bedroom of each unit. The apartment complex is proposing 41 units, with fourteen (14) 2- bedroom units. Based upon approval of 41 units, a cash park fee of $11,440.00 is to be made by the applicant prior to the Final Plat approval. Building Design. Overall, the design of the building is favorable, but the dormers should be balanced in size on both sides of the roof. The Planning Commission should review the building design and comment on design issues in light of the Design Guidelines. Landscape Plan. A Landscape Plan has been submitted and is subject to review of the City's Arborist. Development Contract. It the preliminary/final plat for Carriage Homes is approved, the applicant will be required to enter into a development contract with the City. Submittal Information. In additional to meeting the provisions listed above, the following plans have not been submitted and need to be considered by the Planning Commission: 1. Grading and Drainage. A grading and drainage plan has not been submitted. Without an elevation plan, we cannot submit comment regarding the slope of specific items, such as the slope of the driveway leading into the under ground parking lot. The grading and drainage plan shall be subject to review and approval of the City Engineer. 2. Signage. A signage plan has not been submitted. It shall comply with the provisions established in the Zoning Ordinance. 3. Lighting. A lighting plan has been submitted, but the applicant shall provide details of the fixtures to be used. 9 4. Snow Removal. A snow removal plan has not been submitted. The desired plan would to have the snow removed off -site to eliminate excessive piling in the limited areas available. The plan shall be subject to review and approval of the City Engineer. 5. Utilities. A utility plan illustrating the location of all existing and proposed water and sanitary sewer lines has been submitted and is subject to the review and appraral of the City Engineer. 6. Preliminary/Final Plat. As stated before, the applicant will need to plat the outlot proposed for development. RECOMMENDATION Based upon the preceding review, our office recommends that the Planning Commission hold on any recommendation until the issues related to density requirements, lack of parking for the office use, and lack of usable open space are addressed by the applicant. Additionally, the information that is required for submission must be received by the City for Planning Commission consideration. Overall, the project is favorable and would be an appropriate use for the site, but there may be too many residential units and too much office space for the lot. The applicant should redesign the project to better comply with the Zoning Ordinance. pc: John Arkell Greg Johnson 10 I ll W 1"• ' imbi 4w-.■ • A . 41E _ ___;;:". did 2 _ ,‘,„ _ ill P j." 11 1 il IIN-R-- i 1: ir ii - Err anifi ,9 . 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I I I I I e �� EXF. r B fLOTTED OW 0...12 R NEW 41 LINT SENOR APARTIveNT Bit COG FOR r R ° PRELIMINARY I CARRIAGE HOMES, INC •— NOT FOR WAN ARCHITECTURAL CRD(!P GOUJTV ROAD 67 d 56 M STREET NORTH "'°• ONSTRUCTION Architects �ypnyyy„ a OAK PARK 1EEF11S, N IESOTA x. sa MO-240-69W SEPT. 28, 1998 xOY°"" ,6- ...v - vo ac ...JO rr, M1GGIYFIIY MK41y ^L .-11.0-.....1 1 NI.... 8L7 L4 b Y 14 P.03 •"•\ i I _ Ii I Cl In It . D o is - A) i v ° D 9 CI 1 1 r I r i ' Blil l I ' I- i z . 1 j - l I • I 1 1 111111111111111111 ; I - IIIIQ I E r >< I i . U t • } i 2° a M 1 r. 1 1 .7. 1 I G I 1 = 11111111• t V • I F fi ---.., EXHIBIT C Kemp 0, o+ »v P EW dl WT SENOR APARTMENT KC FOR �' PRELIMINARY N CARRIAGE HOMES, INC = 00-11.1 NOT FOR KEENAN ARCHITECTURAL GROUP COUNTY ROAD 67 & 56 th STREET NORTH "' CONSTRUCTION Arc hitects rot 3:0-10-5521 a OAK PARK FEEi4T . 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I a 2Z S 1 / Fr/ / ©f Z I ❑ P ROPOSED 41 UNIT BUILDING / j // ! g ' // % �/ /' � I a I R J TI / O � G RO UN D TO WITED TE \ TTPIcal BALL MIXT / / I O •,:fi I Li i . ' 61GR LIGHT FIXTYRE oN / ;, I / • U , PHOTOCELL. w ,r o"— /' ' W i i 1 1 �- � 1 Seth STREET N. I 1 4 0 43 / l E L E C T R I C A L 1 C a l ' �� S I T E P L A N 3 / / / NORTH r • 2o A (> I 1 1 SREET EXHIBIT j "., '., • OF I. SHQTS • • NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 4 MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 6 October 1998 RE: Oak Park Heights - Design Guidelines FILE NO: 798.04 - 98.01 The Planning Commission, at their 15 October 1998 meeting, will hold a public hearing to consider the draft Design Guidelines. The guidelines have been revised slightly since the September Planning Commission meeting to better clarify the how and where they will be applied for development requests. The section entitled "Scope" has been slightly reworded on the advice of City Attorney Mark Vierling and the new draft reflects this change. Included for your review is a resolution for approval and an ordinance that establishes the Design Guidelines as Chapter 405 of the City Code. 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 • Purpose The purpose of these guidelines is to coordinate design themes for site planning, architecture, streetscape and signage of all commercial and industrial properties in Oak Park Heights. The coordinated design of these areas 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. Scope The Design Guidelines shall be enforced in all areas designated for commercial or industrial use in the Oak Park Heights Comprehensive Plan including the following zoning districts of the Oak Park Heights Zoning Ordinance and Map: RB, Residential Business Transition District; B -1, Neighborhood Business District; B -2, General Business District; CBD, Central Business District; B -W, Business /Warehousing; I, Industrial District; and all commercial and industrial areas zoned PUD, Planned Unit Development. Conformance with the Design Guidelines will be a condition of approval for any request for a building permit under Chapter 301, the State Building Code section of the Oak Park Heights City Code; or rezoning, conditional use permits, variances or planned unit development approval under Chapter 401, the Zoning Ordinance of the Oak Park Heights City Code. Oak Park Heights, Minnesota Design Guidelines 1998 1 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 98 - 405 AN ORDINANCE ADOPTING THE CITY OF OAK PARK HEIGHTS DESIGN GUIDELINES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Chapter 405 of the Oak Park Heights Code of Ordinances is hereby added to include Design Guidelines to coordinate themes for site design, architecture, parking lot design, pedestrian /bike access, environment, utilities and signage for all commercial and industrial properties in the City. The Design Guidelines shall be enforced for all new construction and /or reconstruction and remodeling where a building permit is required in all areas designated for commercial and industrial use in the Oak Park Heights Comprehensive Plan including the following zoning districts of the Oak Park Heights Zoning Ordinance and Map: R -B, Residential Business Transition District; B -1, Neighborhood Business District; B -2, General Business District; CBD, Central Business District; B -W, Business Warehousing; I, Industrial District; and all commercial and industrial areas zoned PUD, Planned Unit Development. Section 2. The Design Guidelines shall be adopted by resolution by the Oak Park Heights City Council and amended as necessary. Section 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this day of 1998 CITY OF OAK PARK HEIGHTS David Schaaf, Mayor ATTEST: Thomas Melena, City Administrator 1 RESOLUTION NO. 98- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING THE CITY OF OAK PARK HEIGHTS DESIGN GUIDELINES WHEREAS, the community is experiencing new development and expansions to commercial and industrial structures within the City; and WHEREAS, the community has recognized a need to implement regulations on site design, architecture, parking lot design, pedestrian /bike access, environment, utilities, and signage for commercial and industrial areas of the City; and WHEREAS, the Design Guidelines will provide developments and property owners standards that reflect City policies on building construction and site appearance; and WHEREAS,the Planning Commission held a public hearing on October 15, 1998 and has reviewed and recommends approval of the Oak Park Heights Design Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS: The Design Guidelines dated 1998 is hereby approved and adopted for the City of Oak Park Heights. ADOPTED by the City Council of the City of Oak Park Heights this day of 1998. CITY OF OAK PARK HEIGHTS David Schaaf, Mayor ATTEST: Thomas Melena, City Administrator 4 � r NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 5 MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 8 October 1998 RE: Oak Park Heights - Park Dedication FILE NO: 798.04 - 98.11 Based upon Planning Commission direction at their 17 September 1998 meeting, our office has drafted a new park dedication policy for the City of Oak Park Heights. We have used the Eagan policy as the basis but added much of the existing Oak Park Heights language in that it provides necessary requirements and clarifies the process for determining land or cash dedication amounts. As you will notice, we have not yet determined a formula for cash dedication. We are looking at market values of land for various types of land use and hope to have a recommendation by the 15 October meeting. The Planning Commission should review this draft dedication policy and provide direction at their upcoming meeting. r-� 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 61 2- 595 -9636 FAX 61 2- 595 -9837 E -MAIL NACQa WINTERNET.COM CITY OF OAK PARK HEIGHTS • PARK DEDICATION POLICY 1998 POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING LAND AND CASH PARK DEDICATION AS RELATED TO THE USE AND DEVELOPMENT OF LAND IN THE CITY OF OAK PARK HEIGHTS. 1. PURPOSE A. The City Council recognizes that maintaining and improving the character and quality of the environment of the City is essential for the health, safety and welfare of the residents of Oak Park Heights and persons working in Oak Park Heights. 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 maintaining a healthful and desirable environment for all citizens of the City. B. Guidelines for planning parks in the City are found in the Comprehensive Bicycle and Pedestrian Trail System Plan of 1995. Demand for park, playground and public open space is directly related to the intensity of development within any given area; therefore, the City's standards and guidelines for the dedication of park land (or cash contributions in lieu of such dedication) shall be directly related to the density and intensity of each development. C. The Comprehensive Bicycle and Pedestrian Trail System Plan indicated that the park system should be comprised of a core system of park lands with a total of 10.5 acres of park/open space per 1,000 population. This shall be the standard upon which the City shall establish its park land and cash dedication. 2. GENERAL GUIDELINES FOR PARK LAND AND CASH DEDICATION A. As a prerequisite to plat approval, subdividers shall dedicate land for parks, playgrounds, public open spaces, or trails and /or shall make a cash contribution to the City's Park and Recreation Development Fund as provided by this Section. The City Council shall make the determination as to the amount of park land or cash dedication, how the dedication is to be made, and when the dedication is to be received by the City. B. Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. C. Changes in density of plats shall be reviewed by the City for reconsideration of park dedication and cash contribution requirements. D. When a proposed park, playground, recreational area, school site, or other public ground has been indicated in the Oak Park Heights Comprehensive Plan or City's official maps and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate govemmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase or condemnation. E. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. F. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so. G. The City Council, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City Council determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the City Council may also require lots within the subdivision be held in escrow for future sale or development. The moneys derived from the sale of escrowed lots will be used to develop or to purchase park land in the future. H. The City Council may elect to receive a combination of cash, land, and development of the land for park use. The fair market value of the land the City wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by this section. The remainder shall be cash contribution requirement. I. "Fair Market Value" shall be determined as of the time of filing the final plat in accordance with the following: I. The City Council 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 SREA or MAI, or equivalent real estate appraisal societies. 2 3. If the City Council disputes such appraisal the City Council may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser which shall be conclusive evidence of the fair market of the land. J. Planned developments with mixed land uses shall make cash and /or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. K. The cash contributions for parks shall be deposited in the City's Park and Recreation Development Fund and shall be used only for park acquisition or development. 3. RESIDENTIAL PARK LAND DEDICATION A. Formula. The amount of land to be dedicated by a developer shall be based on the gross area of the proposed subdivision, and proposed type of dwelling unit and density. Population densities found in the 1998 Comprehensive Plan have been used to develop formulas for meeting the park needs of Oak Park Heights' residents. The formula for land dedication: Dwelling Units Land to be ^ Per Acre Dedicated 0- 1.9 8% 2 -3.9 10% 4.0 - 5.9 12% 6.0 - 9.9 14% 10+ Add .5% for each unit over 10 B. Standards for Accepting Dedication of Land for Public Park Purposes. 1. 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 as is acceptable to the City Council. 3 2. The required dedication shall be made at time of final plat approval. 3. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus material is strictly forbidden without the written approval of the City Administrator. 4. Grading and utility plans, which may affect or impact the proposed park dedication, shall be reviewed and approved by the City Council prior to dedication, or at such time as reasonably determined. 5. To be eligible for park dedication credit, land dedicated is to be located outside of drain ways, flood plains or ponding area. Grades exceeding twelve (12) percent or areas unsuitable for park development shall not be considered for dedication as defined by the City Engineer. Park land to be dedicated shall be above the ordinary high water level as approved by the City Engineer. 6. The City Council, 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 A. Formula. The City Council, upon review and recommendation of the Parks 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 ten and five - tenths (10.5) acres per thousand population. Said cash dedication, effective 1998, shall be: Housing Type Market Value Units per 100 Cash Equivalent Population per Residential Unit Single Family Duplex Townhouse/ Quadraminium Apartments /Multiple 4 B. Standards for Accepting Cash Dedication for Public Park Purposes. 1. If, at the option of the City Council it is determined that a cash dedication shall be made, said cash shall be placed in the City's Park and Recreation Development Fund and deposited by the developer with the City prior to final plat approval. 2. Cash dedication shall be calculated at the rate in effect at the time of final plat. 5. INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS Developers of commercial /industrial land, including commercial /industrial portions of Planned Developments, shall be required to dedicate the following: A. At the time the site plan is approved and building permits are issued, developers shall dedicate to the City for park, playground and public open space purposes, an amount of land up to ten (10) percent of the net land area within the development as determined by the City. B. 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 three thousand dollars ($3,000) 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 /building permit approval. C. A credit of up to twenty -five (25) percent of the required dedication may be allowed by the City Council for open space areas within a development provided that such improvements benefit identifiable park and recreation water resources. D. The City Council, upon review and recommendation of the Parks 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. 6. REQUIRED IMPROVEMENTS 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 contract or site plan approval responsibilities. 5 B. Establish ark boundary corners for the purpose of erecting rY p p g park limit signs. The developer shall contact the appropriate City personnel for the purpose of identifying park property corners. C. Provide sufficient public road access for neighborhood parks and 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 to require in their subdivision regulations reasonable portions of land for public use. The City of Oak Park Heights has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting public needs. 6