Loading...
HomeMy WebLinkAbout2008-05-27 CC Meeting Packet EnclosureMeeting Date May 27 2008 Time Required: 10 Minutes Agenda Item Title: Planed Unit Development Amendment Ph 1, Concept & General Plan Approval for Ph +2 and Preliminary and Final Plat for Qakgreen Ate: 2" and 3rd Additions Agenda Placement New Busine s Originating Department/Re Requester's Signature Action Requested Oak Park Heights Request for Council Action Eric Johnson C Administrator Please see the enclosed from Scott Richards, City Planner 10 Background /Justificati i n (Please indicate if any previous action has been taken or if other public bodies have advised): 1 Planner's Report (Dated April 3 (attachments can be found in the May 2008 Planning Packet) 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution NORTHWEST ASSOCIATED CONSULTANTS, NC. PLANNING REPORT RE: 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2501 planners@nacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: April 30, 2008 (see, rmc 15 4)3 )07 R FILE NO: 798.02 -- 07.10 Oak Park Heights Oakgreen Village, Phase 1, PUD Amendment And Phase 2 Concept and Final Plan Approval, Preliminary and Final Plat The Planning Commission, at their April 10, 2008 meeting, continued the discussion of the request for the PUD amendment and Concept and General Plan approvals for Oakgreen Village. The discussion was continued to the May 8, 2008 meeting to allow the applicant to refine the design and building materials for the three unit buildings within the development. Staff has met with Tim Nolde and his architect to clarify what was needed in terms of building changes and plans. A revised elevation plan has been submitted (see attached). Overall, staff is pleased with the design changes to the building. There are significantly more detail items, additional brick and a design that breaks the long expanse of roof. The only comment of staff is that the dormers proposed are too small to be in proportion to the roof and eves. The plans should be revised to include larger dormers. Additionally, the applicant should provide details on the building materials planned for the rear and sides of the structure. The applicant should also clarify the final details of what is to be included in the private park area. The Planning Commission wanted to see a small tot lot with equipment as part of the park plan. A copy of the April 3, 2008 Planning Report has been attached. A recommended list of conditions for approval is included in that report. a � Wit 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 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 3, 2008 RE: FILE NO: 798.02 -- 07.10 BACKGROUND In December 2007, Tim Nolde, representing Anchobaypro Inc., made an application for a PUD amendment for Phase 1 and a concept and general plan approval for Phase 2 of Oakgreen Village development west of Oakgreen Oakg reen Avenue and north of 58 Street. g p g The area under application consists of Phase 1 that has been previously approved for PUD eneral plan and Phase 2, and area that previously was just approved for PUD 9 concept. The City Council approved a PUD general plan and preliminary /final plat for Phase 1 in May 2006. The property in question is completely under the control of Anchobaypro Inc. The plan was reviewed in December and a public hearing was opened at the January 17, 2008 Planning Commission meeting. The applicant requested the public hearing be continued in that he had alternative plans for the Phase 2 area. Mr. Nolde has now developed a revised plan, as attached, and is looking for approval of the Phase 1, PUD p amendment, Phase 2 concept and general plan approvals, and preliminary /final plat. The planning report dated January 10, 2008 that was included in the packet for the January 17, 2008 meeting is included for your review. Attached for reference (revised since January): Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Oak Park Heights — Oakgreen Village, Phase 1, PUD Amendment And Phase 2 Concept and General Plan Approval, Preliminary And Final Plat Cover Page/Narrative Layout, Traffic, Signage and Lighting Plan Existing Conditions, Grading,, Drainage and Removal Plan Utility Plan Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: ISSUES ANALYSIS Landscape and Park Plan Concept Lighting Plan Oakgreen Village 2nd Addition Oakgreen Village 3rd Addition Four Flex Elevations and Three Dimensional Views January 10, 2008 Planning Report Proposed Revised Project. The request for the Phase 1 amendment is to allow for the conversion of four -unit buildings to three -unit buildings. There are two buildings in Phase 1 that would be converted. For the Phase 2 area, the original approved concept plan indicates one five -unit and one seven -unit townhome building. The plan, as proposed in December, was to construct two townhome buildings in this area. The most recent proposal is to construct one three -unit building. The building would be on the east side of the wetland area and adjacent to 58 Street North. The private street would be extended to provide access. The concept plan approved in 2006 indicated 67 townhomes in the first phase and 46 additional townhomes in the second for a total of 113 units. With the proposed overall layout, there is a maximum of 90 units with 65 in the first phase and 25 in the second. Comprehensive Plan. A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with a commercial land use designation. The proposed project complies with the Comprehensive Plan. Zoning. This property has been designated as B -4, Limited Business which accommodates residential development as a conditional use. As such, the underlying base zoning district will be B -4, Limited Business with a PUD overlay. The B -4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. Subdivision. The applicant has provided an Oakgreen Village 2nd Addition pp p preliminary /final plat that includes allowance for the three -unit building adjacent to the wetland and 58 Street North. The plat establishes one block and three lots surrounded by Out lot A. The outlot will eventually be replatted to accommodate another two -unit building to the east. Oakgreen Village 3rd Addition is also under consideration to replat Blocks 9 and 12 from four lots /units to three lots /units. All access is via private roadways so additional right - of -way is not necessary. Park Dedication. Park dedication has been satisfied for this area. A cash park dedication has been received by the applicant. 2 Project Density. Section 401.15.0.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Townhome projects require 4,000 square feet of land area per unit excluding right -of -way and wetlands. The Phase 1 development consists of a total area of 315,700 square feet, which excludes the wetland and right -of -way area. The 67 units planned for that area originally would result in an area per unit of 4,712 square feet. The second phase originally had a density per unit of 5,485 square feet. Lowering the overall density from 113 to 90 units would make the development more in conformance. Proposed Street/Access. The applicant has proposed a roadway extension to accommodate access for the three -unit building. The roadway location matches the location within the original concept plan approvals. A five stall guest parking area will be constructed adjacent to the extended roadway. A turnaround will be provided at the end of the roadway to accommodate vehicle access until such time as the complete private roadway system is constructed. The 28 foot street would be privately developed and maintained as are the other roadways in the Oakgreen Village development. Trails /Sidewalks. As part of the twinhome development, the proposed sidewalk will need to be constructed between the twinhomes and the wetland area. The sidewalk will be done this Summer extending from Nova Scotia Avenue to Oakgreen Avenue. At the intersection of Oakgreen and 58 Street, the trail and crosswalk should cross 58 Street to the south and not access Oakgreen as shown on the plans. Private Park. As part of the previous plan review, staff had requested the applicants provide preliminary plans for the private park area. New residents will be living in the area this Summer and the private park wilt be a needed amenity. The most recent submittal includes a preliminary park plan with a gazebo, benches, picnic tables, and landscaping. The Planning Commission should discuss whether a small play area with equipment should be added. Setbacks. Within a PUD, the base district setback requirements (B -4) are applied only to the perimeter of the project. The B -4 District specifies setback requirements as follows: 40 feet front yard, 20 feet rear yard, and 10 feet side yard. If the lot is in a corner, not less than 20 feet from a lot line is required for side yards. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance specifies that no building within the project shall be nearer to another building by one -half the sum of the building heights of the two buildings. The previous plan indicated that one of the townhomes was set back only 20 feet from the right -of -way for 58 Street. Staff had recommended at least a 30 foot setback. The new plan shows a 54 foot setback for the three -unit building and a 30 foot setback for the other two -unit building. Tree Preservation /Landscaping. The applicant has provided information on existing tree coverage and what will be preserved and removed as part of the overall landscape 3 plan. Plans were also submitted for general landscaping in the area around the twinhomes and the new plans indicate foundation plantings. The plans shall be subject to the final approval of the City Arborist. Grading and Drainage. Detailed grading and drainage plans have been provided as part of the general plan of development submittals. The City Engineer shall review and approve all of the grading and drainage plans. Utilities. A detailed utility plan has been submitted. The final utility plan is subject to review and approval of the City Engineer and Public Works Director. All of the utilities within the development shall be private but built to City specifications. Lighting. A lighting plan has been provided that includes street light fixture specifications and locations within the private street network. The light fixture is identical to what has been used in McKean Square. It is a full cut-off fixture with a flat lens. The street lights will be maintained and all electricity costs will be paid for by the developer /homeowners association. No light fixtures are shown on the proposed buildings. If lights are proposed, they shall be illustrated on the building plans subject to approval of City staff. Signage. No additional signage has been proposed other than the monument signs on each of the two entrances from Nova Scotia Avenue. Home Removal. Staff recommends that the dwelling at 5762 Oakgreen Avenue be removed as part of these development approvals. The structure is currently vacant and would impact plans for grading and development of the private park. Architectural Appearance. The application materials indicate preliminary drawings of what appears to be a four -unit structure. The previous submittals, found in the January 10, 2008 planning report, include drawings of the twinhomes and triplex units. The structures are base townhome row units with small porches and brick /lap siding exteriors. The units lack architectural detail, feature extensive horizontally and minor variety in building material. Staff had suggested that the applicant provide building plans with more character, detailing and variety in building materials. The only change made to the new elevations are the addition of limited shakes on some of the gable ends of the buildings. The examples from a development in Lakeville, and found as Exhibit 15 to the January 10, 2008 planning report, have been provided to the applicant as an idea for preferred building designs. Staff recommends that alternative building plans and materials be provided for Plannin9 Commission review. This is significant in that these units will be highly visible from 58 Street and Oakgreen Avenue. The residential units are not required to be reviewed under Design Guideline requirements, but as part of the PUD, the City can comment and require design and material changes. At this time, City staff does not recommend approval of the application until a more acceptable building design is presented. The Planning 4 Commission and City Council will comment further on the building appearance and materials as part of the review. Development Contract. The applicant will be required to enter into an amended development contract with the City should approval of the general plan of development be g ranted . As part of the contract, the provisions for street and utility construction, as well as payment for area changes, would be included. RECOMMENDATION 1 CONCLUSION As indicated, staff is not recommending this project move forward until more acceptable building lans are brought forward for review and approval. If revised building plans g and materials are brought forward and are acceptable to the Planning Commission, we would recommend the request with the following conditions: 1. The relimina /final plat for Oakgreen Village 2nd Addition and Oakgreen Village p ry p 3rd Addition is subject to review and approval by the City Engineer and City Attorney. 2. Alt 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 58th Street and Oakgreen Avenue shall cross 58th Street to the south. 4. The plans for the private park are subject to Planning Commission and City Council review and approval. Consideration for a small play area with equipment should be discussed. 5. The tree p reservation and landscape plans are subject to review and approval of the City Arborist. 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. 5 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 and 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 1 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 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and wilt 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. 6 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 AND 3 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 Noide of Anchobaypro Inc. for a planned unit development amendment for Phase 1, a concept general plan approval for Phase 2, and a preliminary and final plat for Oakgreen Village 2nd and g p pp � p y and 3 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: 1. The real property affected by said application is legally described as follows, to wit: and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA SEE ATTACHMENT A 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 1 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 1 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 PARK 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 3rd 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 p reliminary /final plat for Oakgreen Village 2" Addition and Oakgreen Village 3 rd 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 Street and Oakgreen Avenue shall cross 5 8 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. 2 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 1 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 1 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. 3 Recommended b y Planning the Plannin Commission of the City of Oak Park Heights this 8 day of May 2008. ATTEST: Eric A. Johnson, City Administrator Michael Lilj egren, Chair 4 ATTACHMENT A 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 V/4 of Section 5, Township 29, Range 20. Multiple Washington County GEO Codes: 05- 029- 20- 11 -xxxx and 05 - 029- 20- 14 -xxx ATTACHMENT B 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 3rd Additions, Located at Oakgreen Village Development, North of 58 St. N. and East of Nova Scotia Ave, N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 1 1 X 17 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 Staternent(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 2, 2008 & April 23, 2008 Planning Commission Public Hearing & Recommendation: May 8, 2008 Required Approvals: City Council Majority Vote PUD: General Concept -- Effect of Concept Plan Approval: Unless the applicant shall fail 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 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) ATTACHMENT B 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 53 St. N. and East of Nova Scotia Ave. N. (Page 2 of 2) PUD: General - Limitation on Final Plan Approval: Within one year after the approval of a Final Plan for PUD, or such shorter time as may be established by 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 permit 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, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph 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) 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 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 AND 3 ADDITIONS FOR THE OAKGREEN VILLAGE DEVELOPMENT NORTH OF 58 STREET AND EAST OF NOVA SCOTIA AVENUE NORTH 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 2" and 3rd 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 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 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and 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 1 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 1 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 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 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 2 and 3rd 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 approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The p reliminar /final plat for Oakgreen Village 2 Addition and Oakgreen Village 3rd p y 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 Street and Oakgreen Avenue shall cross 58 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 2nd Addition. 5. The tree preservation and landscape plans are subject to review and approval of the City Arborist. 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 and City Council are 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. 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 1 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 1 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. 3 ATTEST: Approved by the City Council of the City of Oak Park Heights this 27 day of May 2008. �� y Eric A. Johnson, City Administrator David Beaudet, Mayor 4 ATTACHMENT A Planned Unit Development Amendment for Phase 1; Concept and General Plan Approval for Phase 2; & Preliminary and Final Plat Approval For Oakgreen Village 2nd 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 A of Section 5, Township 29, Range 20. Multiple Washington County GEO Codes: 05-029-20-11-xxxx and 05 - 029 -20 - 14 -xxx ATTACHMENT B Planned Unit Development Amendment for Phase 1; Concept and General Plan Approval for Phase 2; & Preliminary and Final Plat Approval For Oakgreen Village r and 3rd Additions, Located at Oakgreen Village Development, North of 58 St. N. and East of Nova Scotia Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 1 1 x 17 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 Statement(s) /Legal Description(s) Conference With Cit Staff Upon Application Submittal: January 2, 2008 & April 23, 2008 Planning Commission Public Hearing & Recommendation: May 8, 2008 Required Approvals: City Council Majority Vote PUD: General Concept --- Effect of Concept Plan Approval: Unless the applicant shall fail 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 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) ATTACHMENT B 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 3rd Additions, Located at Oakgreen Village Development, North of 58 St. N. and East of Nova Scotia Ave. N. (Page 2 of 2) PUD: General - Limitation on Final Plan Approval: Within one year after the approval of. a Final Plan for PUD, or such shorter time as may be established by 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 permit 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, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re- establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph 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)