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HomeMy WebLinkAbout2004-03-09 CC Resolution #04-03-15RESOLUTION NO. 04-03-15 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE RE BY VALLEY SENIOR SERVICES ALLIANCE FOR PLANNED UNIT DEVELOPMENT GENERAL PLAN PRELIMINARY/FINAL PLAT APPROVAL FOR THE AREA NORTH OF 58TH STREET AND WEST OF OAKGREEN AVENUE, KNOWN AS OAKGREEN VILLAGE BE APPROVED WITH CONDITIONS WHEREAS, the Cit of Oak Park Hei has received a re from Valle Senior Services Alliance for planned unit development g eneral plan and preliminar plat approval for the area north of 58hStreet and west of Oak Avenue, known as Oak Villa and after havin conducted a public hearin relative thereto, the Plannin Commission of Oak Park Hei recommended that the application be approved with conditions. The Cit Council of the Cit of Oak Park Hei makes the followin findin of fact: 1. The real propert affected b said application is le described as follows.1 to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supportin documentation to the Communit Development Department consistin of the followin items: SEE ATTACHMENT B and 3. The site is zoned CBD, Central Business District and a planned unit development g eneral plan and preliminar plat approval is re for the project and 4. The Cit staff prepared a memorandum dated December 31, 2003 reviewin the re and 5. The memorandum from Cit staff recommended that the re be approved with conditions and 6. The Plaiuling Commission held a public hearing at their January 8, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applicant be approved subject to conditions. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT TILL CITY COUNCIL APPROVES THE FO A. The application submitted by Valley Senior Services Alliance for planned unit development general plan and preliminary /final plat approval for the area north of 58 Street and west of Oakgreen Avenue, known as Oakgreen Village, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of oak Park Heights subject to the following conditions: L The preliminary /final plat is subject to review and approval by the City Engineer and City Attorney. 2. The final plat must be revised to include additional right-of-way, as determined by the City Engineer, for turn lanes at the intersections of 58 1h Street North with Oakgreen Avenue Forth, Nutmeg Boulevard, and Novak Avenue North. 3. Proposed street right-of-way widths, pavement widths, and intersection designs are subject to City Engineer review and approval. 4. The proposed "drop off lane" in the public street right-of-way in front of the apartment building on Nutmeg Boulevard is subject to Public Works Director review and approval. 5. The applicant must comply with Xcel Energy's requirements, as specified in a March 26, 2003 letter to Todd Erickson from. Xcel Energy, for construction of a pond within the Xcel Energy easement. The applicant shall resubmit the development plans to Xcel Energy to assure compliance with all utility requirements. written approval from Xcel Energy shall be provided to the City. 6. On the final plat, Nutmeg Street North must be changed to Nutmeg Boulevard subject to review and approval of the City Engineer and Washington County. 7. The applicant must either give the area for 59 Street to the City in fee without credit toward park dedication requirements, or language must be included in the development contract with the applicant that the City reserves the option for taking an 80-foot -wide right-of-way for 59 Street in the future without payment to the owner. The right-of-way dedication or option shall be approved by the City Attorney and included in the development agreement. 2 8. Prior to the issuance of any grading permit, all existing wells must be identified, capped and abandoned in conformance with Minnesota Rules. 9. If the house at 5830 Oakgreen Avenue North, on the subject property, continues to be occupied after construction begins in that area, an acceptable sewage disposal solution must be provided subject to review and approval of the City Engineer. 10. If the townhomes east of Nutmeg Avenue are constructed before the apartments, the applicant must continue the sidewalk to provide a connection to Oakgreen Avenue North at the time that the townhomes are constructed. 11. Sidewalks and tinning for construction are subject to review and approval by the Parrs Commission, City Council, and City Engineer. The sidewalks shall be included as Plan A improvements as part of the development agreement. The final location of the sidewalk/trail on 5 8 to Street shall be addressed in the development agreement. The 58 Street sidewalk/trail shall be paid for by the developer, including a reasonable escrow deposit for five years of maintenance if such location is determined to be in the City right-of-way. 12. The Park Commission recommends a cash park dedication for Oakgreen village North. Park dedication must be paid at the time of recording of the final plat. The specific terms of the dedication will be addressed in the development agreement. 13. The submitted photometric plan is subject to the review and approval of City staff. A. revised lighting plan, incorporating standard City street lighting, shall be submitted subject to City staff review and approval. The City Council shall determine who will pay for future installation, maintenance and operating costs. 14. The site plan does not include lights on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 15. If signage is proposed, a plan and details must be submitted for City review and approval. Two monument signs shall be allowed for the development, subject to final review and - compliance with the City's Sign Ordinance. 16. The landscape plan must be revised to comply with the City Arborist's recommendations found in a report dated December 28, 2003. The revised plan is subject to City Arborist review and approval. 17. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the applicable watershed authority. 18. The proposed vinyl lap siding must be changed to steel or Hardiboard lap siding subject to final review and approval of the City Planner, 0 19. The applicant shall dedicate the wetland area north of 58 Street (Outlot H) to the City. 20. The applicant is required to enter into a development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 21, The site plans are subject to review and approval of the City Fire Inspector. 22. The applicant's traffic study for the Oakgreen village development shall be subject to review and approval of the City Engineer. 23, The former Stillwater Auto Salvage Yard, located to the west of the proposed Novak Avenue, shall be "cleaned up" including removal of all automobiles and hazardous waste, fences, and buildings as described in a plan to be provided by the applicant and approved by City staff. The cleanup of the property shall be completed prior to the issuance of any building permit, but no later than August 1, 2004. Approved by the City Council of the City of Oakyr e hts this 9th day of March David Beaud &t, Mayor ATTEST: W ATTACHMENT A Foh, Freeman, EriLckson, Inc. LAND PLANNING # SURVEYING o ENGINEERING Oakgreen Village. Preliminary Plat -Legal Description (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point 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 Forth line of said Southeast Quarter of the Northeast Quarter: thence East along said Forth 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 of the Southeast Quarter of the Northeast Quarter described as follows: Commencing at the Southeast coiner of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East lime 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 described line 200 feet to a point: thence South and parallel with the East lime of said Southeast Quarter of the 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 B. Registered Land Surrey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast corner thereof: thence West on a line parallel with the South line thereof. 275 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 Bast line thereof: thence South on the East line thereof 110 feet to the point of beginning. 1 of 2 Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29�. Range 20. Washington Counter, Minnesota described as follows: B eginning at a point on the east l ine of said Northeast Quarter of the Northeast Quarter. 242.00 feet north of the southeast comer thereof. thence west on a line parallel with the south l ine thereof. 150.00 feet to a point: thence north on aline parallel with the east line thereof. 115 -.00 to a point: thence east on aline parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south on the east line thereof. , 115.00 feet to the point of b eginning. 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: 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 said Northeast Quarter of the Northeast Quarter: thence west on a line p arallel with 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 b e ginni.n g. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Townshi p 29. Mange 20. Washington County, Minnesota described as. follows: Beginning 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 on a line parallel with the south line thereof 150.00 feet to a point on the east line thereof: thence south 50.00 feet to the point of b eginning. 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 Vest of the South East 0orner thereof: thence North on a line parallel with the East line thereof. ' 50 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point thence South on a line p arallel with the East line thereof: 80 feet to the South line thereof: thence Vest on the South line thereof. 225 feet to the point of beg Outlot A., BOUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 El Planned Unit Development (PUD): General Plan OAKGREEN VILLAGE Application Materials • Application Form • Fees • Plan Sets (3 Lar Scale Sets/20 11X17' Sets) • Written Narrative and Graphic Materials Explainin Proposal • Mailin List from Washin Count (500' from subject propert • Proof of Ownership or Authorization to Proceed • Propert Tax Statement(s)/Le Description Conference With Cit Staff Upon Application Submittal: December 3, 2003 Re Approvals: PUCE: General Cit Council 415