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HomeMy WebLinkAbout2012-01-31 CC Resolution 12-01-09 RESOLUTION NO. 1 2-0 1 - p 9 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT FOR OAK PARK SENIOR LIVING PHASE I (FORMERLY OAKGREEN VILLAGE) ALLOWING A REDUCTION IN THE APPROVED NUMBER OF TOWNHOME UNITS, CONSTRUCTION OF BROWNSTONE UNITS AND INCREASE IN THE DENSITY AT NOVA SCOTIA AVENUE AND 58 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request for a Planned Unit Development amendment as it relates to Oak Park Senior Living Phase I (formerly Oakgreen Village) allowing a reduction in the approved number of townhome units, construction of brownstone units and an increase in the density at Nova Scotia Avenue Street North; after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property was approved by the City Council for a Planned Unit Development, general plan by the City Council on May 27, 2008; and 4. The Oakgreen Commons project was approved with a total of 67 townhome units; and 5. The Planned Unit Development amendment for Oak Park Senior Phase I includes a total of 109 units, 15 of which are single and multi level townhomes and 94 brownstone units in three buildings; and 6. City staff prepared a planning reports dated November 3, 2011; December 8, 2011; and January 5, 2012 reviewing the request; and 7. Said reports recommended approval of the amended Planned Unit Development amendment subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their November 10, 2011 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. 9. The City Council reviewed the application, the Planning Commission recommendation and the comments of the public and continued the discussion to the December 13, 2011 meeting with a request to the applicant to reduce to density of the overall project to 275 to 291 units and to remove the third story of Building 4. The City Council also approved a motion to send the application back to the Planning Commission. 10. The Planning Commission held a public hearing and reviewed the revised plans at their January 12, 2011 meeting, took comments from the public and the applicant, and recommended the Planned Unit Development Amendment for Oak Park Senior Living I with the following conditions: (1.) The third story on buildings 1, 2 and 3 should be eliminated. Only two stories of dwelling units shall be allowed for buildings 1, 2 and 3. (2.) The overall density of the development, including the existing townhomes and Oakgreen Commons shall not exceed 291 dwelling units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted for a Planned Unit Development amendment as it relates to Oak Park Senior Living Phase I (formerly Oakgreen Village) allowing a reduction in the approved number of townhome units, construction of brownstone units and an increase in the density at Nova Scotia Avenue Street North and affecting the real property as follows: SEE ATTACHMENT A 2 Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The preliminary and final plat, as well as the dedication and vacation of any easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The City Council is favorable to the proposed density of the project with 109 units in Phase I and 291 units in total for the development. 3. Buildings 1, 2 and 3 shall not exceed two stories of dwelling units. 4. The development agreement shall include provisions enforcing Developer's assurances that the Oak Park Senior Living Phase I will remain as senior rental housing and shall not be converted to non age restricted rental housing. Reasonable security in the form of escrows, tax increment forfeitures, permit suspension and other consequences for default of this provision by the Developer or its transferees and assigns shall be imputed into the development contract and be subject to the approval of the City Attorney. 5. The City Council approves the added parking and changes to the private access roadway and cul de sac adjacent to Nova Scotia Avenue North as reflected in the Master Plan and Traffic Analysis received by the City on December 8, 2011. 6. The Park Commission was favorable to the proposed private and public trail system subject to the approval of the City Council. 7. The City Council approves a setback minimum of 20 feet for Building 1 from the right of way line of Nova Scotia Avenue. 8. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 9. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 10. All utility plans shall be subject to review and approval of the City Engineer. 11. The City Council was favorable to the use of the non shielded, residential style light fixtures on the buildings. 12. The applicant shall submit any plans for new signage subject to City approval. 13. The projected traffic counts are subject to review and approval of the City Engineer. If the intersections at se Street and Oakgreen Avenue and/or Nova 3 Scotia Avenue requires signalization or other traffic control measures, the applicant shall agree to the share of the costs as outlined in the Development Agreement and as determined by the City Council. 14. The Fire Marshal and Police Chief shall review the plans and determine the accessibility of emergency vehicles throughout the development. The Fire Marshal and City Engineer shall determine if the entrances onto Nova Scotia Avenue should be widened to allow for better accessibility of fire equipment. 15. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 16. A revised snow storage area plan shall be provided to the City by February 29, 2012 subject to review and approval of the City Engineer. 17, All air handling vents or condensers shall be installed in the building or placed on the roof and totally screened subject to approval of the Building Official. Any electrical or gas equipment and transformers that are ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 18. The den rooms in the dwelling units shall not be converted to bedrooms. 19. The City Council was favorable to the final building appearance, colors, materials and the variety between buildings. The applicant shall provide a materials board for all of the buildings to be subject to review and approval of the City Council. 20. The development agreement shall include a requirement that all of the buildings be maintained in proper condition and in compliance with City Codes. 21. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 22. The proposed multi level townhome four plex is to be constructed of the same building materials and appearance as the building at 5812 -5818 Nutmeg Court North and all of the existing and proposed one level townhomes are to be constructed with the same building materials and appearance as the building at 13848 -13872 Upper 58 Street subject to review and approval of the City Building Official. 23. The applicant shall provide additional details for the private park area including elevations of the gazebo, materials to be used in the structures and walkways, and landscaping details for review and approval of the City Council. • 4 24. Phase I including the townhome units and Buildings 1, 2 and 3 shall be completed by the applicant and ready for occupancy no later than December 31, 2013 unless extended by the City Council. 25. The applicant shall provide to the City payment in lieu of taxes if the properties subject to this approval are converted to a tax exempt status as provided for within the Development Agreement. 26. The project shall be subject to an annual inspection and review at the discretion of the City to ensure compliance with the conditions of Planned Unit Development approval and the Development Agreement. 27. Parking shall be allowed on only one side of the private roadway system in the development, subject to review and approval of the City Engineer. Approved by the City Council of the Ci . f Oak Par ' eigh this 31 of J iluary, 2012. r air - � I (t/ At trAAtik/4 Eric .f. Jo 8 I son, City Administrator 5 ATTACHMENT A Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase I Located at Nova Scotia Ave. N. & 58 St. N. (Formerly Known As Oakgreen Village) Washington County GEO Code: 05.029.20- XX -XXXX Legal Description: Blocks 1 -3, 7 -12, Oakgreen Village; Outlots A & D, Oakgreen Villa LLC; and Blocks 1 -3, Oakgreen Ponds ATTACHMENT B Planned Unit Development Amendment Related To The Construction Of Oak Pak Senior Living — Phase I Located at Nova Scotia Ave. N. & 58 St. N. (Formerly Known As Oakgreen Village) Application Materials • Application & Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: October 12, 2011 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e)