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Home My WebLink About2008-05-08 PC Recommending ResolutionA RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE OF ANCHOBAYPRO INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT FOR PHASE 1, A CONCEPT AND GENERAL PLAN APPROVAL FOR PHASE 2, AND A PRELIMINARY AND FINAL PLAT FOR OAKGREEN VILLAGE 2 ND AND 3RD ADDITIONS FOR THE OAKGREEN VILLAGE DEVELOPMENT NORTH OF 58 STREET AND EAST OF NOVA SCOTIA AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde of Anchobaypro Inc. for a planned unit development amendment for Phase 1, a concept and general plan approval for Phase 2, and a preliminary and final plat for oakgreen Village 2nd and 3 rd Additions for the oakgreen Village development north of 58 Street and west of Nova Scotia Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: follows, to wit: and I. 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: and SEE ATTACHMENT B 3. The subject property is zoned B -4, Limited Business District which allows for residential development as a conditional use. The oakgreen Village development approvals to date have been for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase I and 2 of the oakgreen Village development; and 5. The City Council, at their May 23, 2006 meeting, approved the general plan of development with conditions for Phase I of the oakgreen Village development; and 6. City staff prepared a planning report dated April 30, 2008 reviewing the request for a planned unit development amendment for Phase 1, and a concept and general plan approval for Phase 2, and the preliminary and final plat; and 7. The April 30, 2008 planning report recommended approval of the planned unit development amendment, the concept and general plan approval, and the preliminary and final plat subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 8, 2008 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 PARIS HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING A. The application submitted by Tim Nolde of Anchobaypro Inc. for a planned unit development amendment for Phase 1, a concept and general plan approval for Phase 2, and a preliminary and final plat for oakgreen Village 2nd and 3 rd Additions for the oakgreen Village development north of 58 Street and west of Nova Scotia Avenue North 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 with the following conditions: 1. The preliminary /final plat for oakgreen Village 2nd Addition and oakgreen Village 3rd Addition is subject to review and approval by the City Engineer and City Attorney. 2. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks/trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The sidewalk adjacent to the wetland shall be constructed simultaneously with the street extension and the three -unit structure. The trail and crosswalk at 5 8 th Street and oakgreen Avenue shall cross 5 81h Street to the south. 4. The plans for the private park are subject to City staff and City Council review and approval. The plans for the park shall be approved and construction begun simultaneously with construction of the three unit structure within Block 1 of oakgreen Village 2' Addition. 5. The tree preservation and landscape plans are subject to review and approval of the City Arborist. N 6. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater issues are also subject to review and approval by the applicable watershed authority. 7. The dwelling at 5762 Oakgreen Avenue shall be removed no later than September 1, 2008. 8. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Minnesota Rules. 9. The site plan does not include light fixtures 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. 10. The Planning Commission was favorable to the building design with the stipulations that the dormers on the front elevation be increased in size, shake siding be used on the gables of the rear elevations, and the gable ends at the rear elevation be provided a vertical element to the foundation. The City Council should review and approve the final design and materials for the townhome structures. 11. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 12. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 13. The applicant shall provide all association duties and maintenance until the completion of Phase 2. The homeowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. only one homeowners association for both Phase I and Phase 2 will be allowed. 14. The applicant shall be required to disclose the entire development plans to include Phase 2 for all Phase I buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 15. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. Recommended b y g the Planning Commission of the City of oak Park Heights this 8 "' day of May 200 8. Michael Liljegren, Chair ATTACHMENT A = F. v Planned Unit Development Amendment for Phase 1; Concept and General Plan Approval for Phase 2; & Preliminary and Final Plat Approval For oakgreen Village 2" and 3 " Additions, Located at Oakgreen Village Development, North of 58 St. N. and East of Nova Scotia Ave. N. Legally described as: Within NE 1/4 of Section 5, Township 29, Range 20. Multiple Washington County GEo Codes: 05029- 20- 11 -xxxx and 05- 029 -20- 14-xxx ATTACHMENT B y ��z s` Planned Unit Development Amendment for Phase 1; Concept and General Plan Approval for Phase 2; & Preliminary and Final Plat Approval For oakgreen Village 2"d and 3 " Additions, Located at oakgreen Village Development, North of 58 Ste N. and East of Nova Scotia Ave. No Application Materials 0 Application Form. • 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 • Property Tax Statements) /Legal Description(s) Conference with City Staff Upon Application Submittal: January 2, 2008 & April 23, 2008 Planning Commission Public 1- Tearing & Recommendation: May 8, 2008 Required Approvals: City Council Majority Mote PUD: General Conte t — Effect of Concept Plan Approval: Unless the applicant shall fall to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of ordinance 401 or any approval granted pursuant to it, a general Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the general Plan of Development Stage and Final Plans by any action of the City of oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: 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 falls 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) ATTACHMENT B Planned Unit Development Amendment for Phase 1; Concept and General Plan Approval for Phase 2; & Preliminary and Final Plat Approval For Uakgreen Village 2 and 3"' Additions, Located at oakgreen Village Development, North of 58 St. N. and East of Nova Scotia Ave. No (Page 2 of 2) PUD: General - Limitation on Final Plan Approval: Within one y ear after the approval of a Final Plan for PUD, or such shorter time as may be established b y the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD p ermit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, ap plicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance g re ealin the PUD permit and all PUD approvals and reestablishing the zoning and rep ealing other ordinance p rovisions that would otherwise be applicable. The time limit established by this p may, at the discretion of the City Council, be extended for not more than one year by �' ordinance or resolution duly adopted. (401.06.E.5)