HomeMy WebLinkAbout2006-03-28 CC Meeting Packet EnclosureMeeting Date March 28 , 2006
See the following attachments:
Oak Park Heights
Request for Council Action
Time Required: 10 minutes
Agenda Item Title: Oak reen Villa e Area — Conditional Use Permit - Fillin & Gradin
Agenda Placement New Busin
Originating Department/Re es
Requester's Signature
Action Requested Consider ars A rove Proposed City Council Resolution as may be amended
J'hnson. Cit Mhtfiiiistrator
Background/Justification (Pled e indicate if any previous action has been taken or if other public
bodies have advised):
1. Planner's Report from Scott Richards
2. Final Planning Commission Resolution (unsigned)
3. Proposed City Council Resolution
RE 12
MEMORANDUM
RE:
BACKGROUND
ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com
nning.com
TO: Eric Johnson
FROM: Scott Richards
DATE: March 3, 2005
FILE NO: 700902 --M 04.17
Oak Park Heights — Oakgreen Village - Conditional Use Permit
for Placement of Fill in the Area Located North of 58 Street
and West of Oakgreen Avenue
As part of the Oakgreen Village project, the applicant has proposed a stockpile of top
soil and granular material within the second phase portions of the project. The material
will be taken from the grading activities of the CSM /Lowe's project that will start this
Spring. This is being addressed as a separate conditional use permit in that the
applicant requests to stockpile the fill even if the Oakgreen Village project is not
approved.
The Zoning Ordinance requires a conditional use permit for any mining or stockpiling of
more than 50 cubic yards of material.
Attached for reference:
Exhibit 1: Grading Stockpile Plan (North)
Exhibit 2: Grading Stockpile Plan (South)
Exhibit 3: Erosion Control Plan and Notes
Proposed Project. Approximately 40,000 cubic yards of topsoil and an equal amount
of granular material are proposed to be moved from the CSM /Lowe's project into the
proposed areas this Spring. The fill areas include an area to the north of Xcel power
easement and the second within an area just west of the single family homes along
Oakgreen Avenue. The northerly stockpile will be approximately 10 feet in height from
the lowest point on the property and the easterly pile 16 feet in height.
The stockpiles will be surrounded with a double row of heavy duty silt fencing. The
stockpiles are proposed to remain until such time as these areas are proposed for
development.
City Engineer's Review. The plans have been submitted to the City Engineer for his
review. The City Engineer will comment on any drainage /runoff issues.
Seeding /Landscaping. The City will request that the stockpiles be seeded and
landscaped within 60 days from their placement on site. A landscape plan and
specifications for seeding shall be provided by the applicant.
CONCLUSIONIRECOMMENDATION
Staff recommends approval of the conditional use permit for stockpiling of fill in
properties north of 58 Street and west of Oakgreen Avenue subject to the following
conditions:
1. The fill material, upon its placement, shall be immediately surrounded by silt
fencing as provided in the plans submitted as part of this application.
2. The fill material shall be limited to those areas and elevations as provided in the
plans submitted as part of this application.
3. The plans shall be subject to review and approval of the City Engineer.
4. The fill should be moved and final graded within 30 days following
commencement of activity at either site. Seeding and landscaping shall be
completed within 45 days from commencement of fill activity at either site. A
landscape plan and specifications for seeding shall be provided by the applicant
and approved by the City prior to the movement of any fill material onto the site.
5. Any other conditions of City staff, Planning Commission, and City Council.
2
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC.
AND VALLEY SENIOR SERVICES ALLIANCE, FOR A CONDITIONAL
USE PERMIT TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL
WITHIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF
OAKGREEN AVENUE AND NORTH OF 58 STREET
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim
Nolde, representing Anchobaypro Inc. and valley Senior Services Alliance, for a conditional use
permit to stockpile top soil and granular material within that area known as Oakgreen Village,
west of Oakgreen Avenue and north of 58 Street; and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park Heights makes the following findings of
fact:
1. The real property affected by said application is legally described as
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The subject property is zoned BW4, Limited Business District. A
conditional use permit is required for any mining or stockpiling of more than 50 cubic yards of
material.; and
4. City staff prepared a planning report dated March 3, 2006 reviewing the
request for the conditional use peanit; and
5. The March 3, 2006 planning report recommended approval of the
conditional use permit subject to the fulfillment of conditions; and
6. The Planning Commission held a public hearing at their March 9, 2006
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley
Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material
within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58 Street
and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of. Oak Park Heights for
approval subject to the following conditions:
1. The fill material, upon its placement, shall be immediately surrounded by silt fencing as
proposed in the plans submitted as part of this application.
2. The fill material shall be explicitly limited to those areas and elevations as approved by
the City Council. Any variance from the plan shall be approved in writing by the City
Engineer.
3. The plans shall be subject to review and approval of the City Engineer.
4. The fill shall be moved and final graded within 30 days following commencement of
activity at either site. Seeding and landscaping shall be completed within 45 days from
commencement of fill activity at either site A landscape plan and specifications for
seeding shall be provided by the applicant and approved by the City prior to the
movement of any fill material onto the site.
5. The applicant shall provide a dust containment plan, prior to the movement of any fill
material onto the site, subject to review and approval of the City Engineer.
6. The applicant shall provide a security in the form of a letter of credit in the amount of
$20,000 for completion of all conditional use permit conditions within one year of City
Council approval and subject to the approval of the City Engineer.
7. The drainage plan shall be revised, subject to review and approval of the City Engineer,
to incorporate changes so as to eliminate runoff onto Oakgreen Avenue properties.
8. The applicant shall secure a licensed environmental specialist, subject to the approval of
the City Engineer, to be on site at all times during fill excavation and placement to ensure
that there are not findings of inappropriate buried material or containments. Should any
2
ATTEST:
inappropriate materials be found during excavation, all work shall cease and the City
shall be immediately notified, Upon completion of excavation, the specialist will provide
written comments to the City that no inappropriate, inconsistent or hazardous materials
were found.
Recommended by the Planning Commission of the City of Oak Park Heights this 9th day
of March 2006.
Eric A. Johnson, City Administrator
Mike Runk, Chair
3
ATTACEENT A.
Folz, Freeman, Erickson, Ir�ce
LAND PLANNING + SURVEYING 6 HNGINEERTNG
. ***'LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED * ^;;
bakgreen Village Preliminary Plat - Legal Deseription
(Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc, Ianuary 31, 2002.)
.Ani1 of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5,
Township 29. Range 20. Washington: County ivlin.nesota, except the following:
An that part ofthe North Half of the Southeast Quarter of the Northeast Qarter of
Section . 5 . Township 29, Range 20: described as follows: Coro.menoing at the
Southeast corner of said North Half of the Southeast Quarter of the Northeast
Q uarter: thence North along the East line thereof 560 feet to the point,of beginning
of this description: thence Westerly at right angles to the last described line 200 feet
to a point: thence North and parallel with. the East line of the Southeast Quarter of
the Northeast Quarter. 100 feet to a point on the North line of said Southeast
Quarter of the Northeast Quarter: thence East along said North line 200 feet to the
East line of said Southeast Quarter of the Northeast Quarter: thence South along
said East line 100 feet to the point of beginning of this description. • .. •
And except: . . .
That part of the North Half ofthe Southeast Quarter of the Northeast Quarter
described as follows: Commencing at the Southeast corner of said North Half of
the Southeast Quarter of the Northeast Quarter: thence north along Bast line thereof.
182 feet to the point of beginning of this description: thence continue Northerly
along said East line 218 feet to a point: thence West and perpendicular to last
g
described. line 200 feet to a point: thence South and par allel with the East line of .
said Southeast Quarter ofthe Northeast Quarter 218 feet to a point: thence East and
perpendicular to last described line 200 feet to the point of beginning.
Together with:
Tracts A. and E. Registered Land. Survey No. 114
Also together with:
That p art of the Northeast Quarter of the Northeast Quarter described as follows:
said at a point on the East line of the sand Northeast Quarter of the Northeast
p
472 feet North. of the Southeast corner thereof: thence West on a line
Quarter.
parallel with the South line thereof. 27.5 feet to a point: thence North on a line
parallel with the Bast line thereof. 110 feet to a point. thence East on a line parallel
with the South line thereof. 275 feet to a point . on the East line thereof: thence South
on the East line thereof 110 feet to th.e point of beginning.
Also together with:.
, That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township
Minnesota 29 Range 20. Washington County, nnesota des�bed as follows
Be at a point on the east line of said `ortheast Quarter of the Northeast
Quarter, 242.00 feet north of the southeast comer thereof. thence west on a
line parallel with the south line thereof. 150.00 feet to a point: thence north on
a lire parallel with the east line thereof. 115.00 to a point: thence east on a lino
:parallel with the south line thereof. 150.00 feet to a point on the east tine
thereof: thence south on. the eaat Line thereof. '115.00 feet to the point of
beginning.
Also together with:
That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township
29. Range 20, Washington County, YEn.nesota described as follows:
Beginning at a point 242.00 feet north of the south line of said Northeast '
Quarter of the Northeast Quarter. and 150.00 feet west of the east line of sa
'Northeast Quarter of the Northeast Quarter: thence west on a line parallel Territizt
the south line of said Northeast,Quarter of the Northeast Quarter. 125.00 feet
to a point: thence north on a line parallel to the east line thereof. 115,00 feet to
a point: thence east on a line parallel with the south line thereof. 125.00 feet to
a point: thence south on a line parallel with the east line thereof 115.00 feet to
. the point of beginning.
Also together with:
That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township
29 Range 2O.. Washington County, Minnesota described as follows:
B eglnnin.g at the southeast corner thereof and run thence west along the south
line thereof. 150.00 feet to a point: thence north on a line parallel with the east
line thereof. 80.00 feet to a point: thence East do a line parallel with the south
line thereof. 150.00 feet to a point on the east line thereof: thence south 80.00 •
feet to the point of beginning.
Also together with:
All that part of the Northeast Quarter of the Northeast Quarter described as
follows: Beginning at a point on the south line of said Northeast Quarter of
the Northeast Quarter. 385 feet to West of the South East corner thereof:
thence North on a line parallel with the East line thereof. 80 feet to a p oint:
thence East on a line parallel with South line thereof. 225 feet to a point: -
thence South on a line parallel with the East line thereof. 80 feet to the South
line thereof: thence West on the South line thereof. 225 feet to the point of
beginning.
Outlot A, BOUTWELLS ELLS LANDING, according to the plat on fle and of record in the
Office of the County Recorder, Washington County, Minnesota.
2 of 2
Required Approvals: CUP
City Council 4/5
ATTACHMENT B
Conditional Use Permit
Oakgreen Village
Fill Placement in Area Located N. of 59 St. and W. of Oakgreen Ave.
Application Materials
O Application Form
. Fees
® Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'1150' from subject property)
• Proof of Ownership or Authorization to Proceed
O Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: June 9, 2005
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC.
AND VALLEY SENIOR SERVICES ALLIANCE, FOR A CONDITIONAL
USE PERMIT TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL
WITHIIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF
OAKGREEN AVENUE AND NORTH OF 58 STREET
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim
Noldc, representing Anchobaypro Inc. and. Valley Senior Services Alliance, for a conditional use
permit to stockpile top soil and gram.Tla.r material within that area known as Oakgreen Village,
west of Oakgreen Avenue and north of 58 Street; and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park H eights recommended that the request be
approved with conditions. The City Council makes the following findings of fact and resolution:
1, The real property affected by said application is legally described as
SEE ATTACHMENT A
and
The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows, to wit:
and
SEE ATTACHMENT B
3. The subject property is zoned B-4, Limited Business District. A
conditional use permit is required for any mining or stockpiling of more than 50 cubic yards of
material; and
4. City staff prepared a planning report dated March 3, 2006 reviewing the
request for the conditional use permit; and
5. The March 3, 2006 planning report recommended approval of the
conditional use permit subject to the fulfillment of conditions; and
6. The Planning Commission held a public hearing at their March 9, 2006
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
I {OLLOWING:
A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley
Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material
within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58 Street
and affecting the real property as follows:
SEE ATTACIIMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1. The fill material, upon its placement, shall be immediately surrounded by silt fencing as
proposed in the plans submitted as part of this application.
2. The fill material shall be explicitly limited to those areas and elevations as approved by
the City Council. Any variance from the plan shall be approved in writing by the City
Engineer.
3. The plans shall be subject to review and approval of the City Engineer.
4. The fill shall be moved and final graded within 30 days following commencement of
activity at either site. Seeding and landscaping shall be completed within 45 days from
commencement of fill activity at either site. A landscape plan and specifications for
seeding shall be provided by the applicant and approved by the City prior to the
movement of any fill material onto the site.
5. The applicant shall provide a dust containment plan, prior to the movement of any fill
material onto the site, subject to review and approval of the City Engineer.
6 The applicant shall provide a security in the form of a letter of credit in the amount of
$20,000 for completion of all conditional use permit conditions within one year of City
Council approval and subject to the approval of the City Engineer.
7. The drainage plan shall be revised, subject to review and approval of the City Engineer,
to incorporate changes so as to eliminate runoff onto Oakgreen Avenue properties.
8. The applicant shall secure a licensed environmental specialist, subject to the approval of
the City Engineer, to be on site at all times during fill excavation and placement to ensure
that there are not findings of inappropriate buried material or containments. Should any
2
2006.
ATTEST:
inappropriate materials be found during excavation, all work shall cease and the City
shall be immediately notified. Upon completion of excavation, the specialist will provide
written comments to the City that no inappropriate, inconsistent or hazardous materials
were found.
Approved by the City Council of the City of Oak Park Heights this 28th day of March
Eric A. Johnson, City Administrator
David Beaudet, Mayor
3
ATTACTIMMIT A
Folz, Freeman, Erickson, ;Inc.
LAND PLANNING + SURVEYING ENGINEERING
e * n * LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED ?1C * n
Oakgreen Prelimina'y Plat - Legal Description
(Legal P e al Desch. lion of Property Surveyed Taker. by Boundary Survey of Kurth Surveying, Inc, Ianuaty 31, 2002.)
Half of the Southeast Quarter of the 'Northeast Quarter of Section 5.
All of�eNorth� following:
e 2Q. 'Washington` County Minnesota, except the fo g
Township ��. Range aster of
All that part
of the North Hag o f the Southeast Quartex ❑ f the Northeast
Township 29. Range 20. described as follows: Commencing at the
Section 5 . p
S
outheast corner of said North Half of the Southeast Quart er of the Northeast .
thence North along the East line thereof 560 feet to the point,of beginning
Quarter: men g described. line 200 feet
's description: thence Westerly at right angles to the last
of thz. p of the Southeast aster of
thence North and allel with the East line ar
to a point: � line of said. Southeast
e ortheast Quarter. l 00 feet to a point on th6 North l � e 200 feet to the
Northeast Qu&ter: thence East along said North �Quartex of
ai.d Southeast Quarter of the Northeast Quarter: thence South along
East line of s
• a st line 100 00 feet to the point of b e��g of this description.
. ,
said E
And except:
tb.e North Half of the Southeast Quarter of the Northeast Quarter
That part o f
described North half of
' ed as follows: Cornt.ennc ng at the Southeast corner of said
of the Nrtheast Quarter: thence north along East line hereof.
the S outh.east Q uarter continue N
to the point of beg�r�g of this description: thence con. y .
� �� feet p d perpendicular to last
along said Bast line 218 feet to a point: thence West an. p p
g, • thence South and parallel with the East line of
described. line 200 feet to a point: p
said of the Northeast Quarter 218 feet to a point: thence East and
sax. Southeast .
perpendicular to last described line 200 feet to the point of beg�Eag.
p�end
Together with:
Tracts A and 13. Registered Land Survey No. 114
Also together with..
That part of the Northeast Quarter orth of the Northeast Quarter described as follows:
. t an the East lin of the said Northeast Quarter of the Northeast
Beginning at a p ❑�. West on a line
�.fy� feet North of the Southeast comer thereof: thence
Quarter f � 1 � f line
' e thereof. 275 feet to a point: thence North on a lane
parallel with the South
parallelw�.ththeEastl�n line line thereof. l l 0 feet to a point, thence East on a l .ne parallel
with the South line thereof. 275 feet to a point 'on the East line thereof: thence South
011 the East line thereof 110 feet to the point of beginning,
Also together with .
That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township
29'. Range 20. Washington County Minnesota described as follows
B seg at a point on the east line of said Northeast Quarter of the Northeast
Quarter, 242.00 feet north of the southeast corner thereof. thence west on a
.line parallel with the south, line thereof, 150.00 feet to a point: thence north du
a line parallel with the east line thereof. 115.00 to a point: thence east on a' line
parallel with the south line thereof. 150.00 feet to a point on the east line
thereof: thence south on. tlad east ,line thereof. '115.00 feet to the point of
beginning
Also together with:
That part of the Northeast Quarter of th.e Northeast Quarter of S ection. 5. Township
29, Range 20. Washington County, Minnesota described as follows:
Beginning at a point 242,00 feet north of the south lire of said Northeast `
Quarter of the Northeast Quarter. and 150.00 feet west of the east line of said
'Northeast Quarter of the Northeast Quarter: thence west on a line parallel .th
the south line of said Northeast. Quarter of the Northeast Quarter. 125.00 feet
to a point: thence north on a line parallel to the east line thereof. 115.00 feet to
a point: thence east on a line parallel with the south l ne thereof. 125,00 feet to
a point: thence south on a line parallel with the east line thereof 115.00 feet to
. the point of beginning.
Also together with: .
That part of the Northeast Quarter of the Northeast Quarter of Section 5. township
29. Range 20 .'Washington County, Minnesota desribed as follows: ,
B eginuing at the southeast corer thereof and run thence west along the south
line thereof 150.00 feet to a point: thence north on a line parallel with the east
line thereof. 80.00 feet t6 a point: thence East 63. a line parallel with the south
line thereof. 150.00 feet to a point on the east line thereof: thence south 80.00 •
feet to the point of beginning.
Also together with:
All. that part of the Northeast Quarter of the Northeast Quarter des crib ed as
follows: Beginning at a point on the south line of said Northeast Quarter of
the Northeast Quarter. 385 feet to West of the South East corner thereof:
thence North on a line parallel with the East line thereof, 80 feet to a point:
thence :East on a line parallel with South lin.e thereof. 225 feet to a point;.
thence South on a line parallel with the East line thereof. 80 feet to the South
line thereof: thence West on the South line thereof 225 feet to the point of
beginning.
Outlot A, B OUTWBLLS LANDING, according to the plat on fie and of record in. the
Office of the County Recorder, Washington County, Minnesota.
Required Approvals: CUP
City council 4/5
ATTACHMENT B
Conditional Use Permit
Oakgreen Village
Fill Placement in Area Located N. of 59 St. and W. of Oakgreen Ave.
Application Materials
• Application Form
O Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
O Mailin g List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning annin commission Public Hearing & Recommendation: June 9, 2005
Conditional Use Permit - Lapse of Approval:
Unless p
s the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelVe (
q
months after the date of approval, unless the property owner or applicant has
substantially tiall started the construction of any building, structure, addition or alteration, or
use requested part as art of the conditional use. An application to extend the approval of a
conditional permit use ermit shall be submitted to the Zoning Administrator not less than thirty
(30 ) days before the expiration of said approval. (401 03.C.4.a and b)
y