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HomeMy WebLinkAbout2006-05-23 CC Meeting Packet EnclosureMeeting Date May 23" 2006 Time Required: 10 Minutes Agenda Item Title :. „ Q. j g gn village — General Plan, PUD, CUP, Pre /Final Plat Agenda Placement New Business Originating Department/Re +. ' e ohnson, City Administrator. Requester's Signature Action Requested Revi a.nd Approve the Oakgreen Village General Plan w/ conditions Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see attached from Scott Richards, City Planner Oak Park Heights Request for Council Action 1. Planner's Report dated May 4 2006 (Please see your May 2006 Planning Packet for Exhibits) 2. Planning Commission Resolution (Unsigned) 3. Proposed City Council Resolution Please also take a moment to review the commentary letter from the City Engineer's Office. — Karen Erickson. Page 51 of 126 PLANNING REPORT TO: uric Johnson FROM: Scott Richards DATE: May 4, 2006 RE: FILE NO: BACKGROUND Tim Nolde, representing Anchobaypro Inc. and valley Senior Services Alliance (VSSA) has made application for a PUD general plan approval for that area west of Oakgreen Avenue and north of 58 Street, The area under application at this time consists of approximately 11 acres and encompasses a significant portion of what was the Central Business District. The city Council approved a PUD general plan and preliminary /final plat on March 9, 2004 for this area. A revised concept plan was reviewed by the Planning Commission at the April 14, 2005 meeting. This plan was not acceptable to the Planning Commission and was sent to the City council with a recommendation of denial. In June of 2005, the Planning Commission approved another revised PUD concept plan. The applicant withdrew the PUD concept plan before the City council review. The Planning Commission recommended the concept plan for this revised project at their March 9, 2006 meeting. The city council approved the concept plan at their April 11, 2006 meeting. The general plan application is only for Phase 1 of the total development plan. Phase 1 includes a total of 67 townhome units. The second phase would include an additional 46 townhome units and is proposed within the next five years. The street network will be private with access off of Nova Scotia Avenue North. Attached for reference: Exhibit A: Exhibit B: Exhibit C: NORTHWEST ASSOCIATED CONSULTANTS, 798.02 — 00.03 NC 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners nacpla nning, cone Oak Park Heights — Oakgreen Village: PUD General Plan Preliminary /Final Plat, Conditional Use Permit Oakgreen village Concept Submittal Booklet Memo from City Engineer Memo from City Arborist Page 52 of 126 ISSUES AND ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: South of Site: West of Site: Present Zoning -- B -4, Limited Business District Present Use — Highway 36 orientated commercial development, Undeveloped areas and Xcel Energy power line easement. Present Zoning — 0, Open Space Present Use — The Boutwells Landing Development and Undeveloped areas. Present Zoning -- B-4, Limited Business District and B -2 General Business Present Use — Undeveloped area, oval -Mart and property approved for Lowe's /CSvl commercial development. East of Site: Present Zoning -- B -4, Limited Business District Present Use — Single family residences and Oakgreen Avenue Proposed Project. The project narrative for the site describes the project as follows: "The concept of this development is to create an attractive and affordable community for the City of Oak Park Heights. The newly revised layout incorporates better circulation and creates additional open areas for the development." The general plan for the first phase of development in this area, approved in 2004, was for 87 townhome units. The concept plan for the area included 203 overall units, 111 which were townhomes and 92 apartment units in two separate buildings. The concept plan encompassed the area south of the Xcel power line easement to 58 Street and from Nova Scotia Avenue to Oakgreen Avenue. The concept for the revised plan in 2005 included 79 townhome units in the first phase. The second phase was on the easterly edge of the property near Oakgreen Avenue and was to include 41 additional townhome units where Tax Increment Financing (TIF) would have been applied to assist in acquiring the remaining existing homes. The current concept plan includes 67 townhome units in the first phase. The second phase is the eastern edge of the property near Oakgreen Ave. That phase would include 46 additional townhome units. The applicant has proposed three different styles of building units in the development. The applicant plans to begin the first phase this year. The first phase of buildings (Units 1 - 67) would be started this year with the timing of the construction of the remaining units and private streets depending upon unit sales. 2 Page 53 of 126 A preliminary plat has been submitted that includes the necessary right -of -way for Oakgreen Avenue North and Nova Scotia Court North. The applicant has provided this short cul-de-sac off of Nova Scotia to accommodate the potential development of the commercial area north of the Xcel Energy power line easements. Comprehensive Plan, A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with a commercial and 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 Planned Unit Development (PUD) overlay. The B -4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. Subdivision. The applicant has submitted a preliminary /final plat for review. Outlot A encompasses the area to the north of the Xcel power line easement that could be developed as a commercial business site. Outlot B is an area north of Nova Scotia Court North that will need to be tied to the residential development to assure that the homeowners association will maintain the property in the long term, Outlot C encompasses all of the common areas and private roads of the residential development and Outlot D is the ponding area adjacent to 58 Street. This area is a drainage and utility easement that will be dedicated to the City as it is part of the regional drainage system. The plat identifies public drainage and utility easements that will need to be vacated through a public hearing and action by the City Council. The plat will dedicate an additional 50 feet for Oakgreen Avenue. The right-of-way for Nova Scotia Court North is also being dedicated as a cul -de -sac. The City Engineer will need to comment on the right -of -way. The City Engineer and City Attorney shall review the plat for any changes and additional easements that may be required. Park Dedication. Park dedication is based upon the specifications of Section 402.08 of the Subdivision ordinance. The residential area to be platted would be subject to cash park dedication, The Park and Trail Plan does not identify any park land within this immediate area, thus the City will require cash. The applicant has provided an appraisal in compliance with the provisions of the Subdivision Ordinance. The park dedication amount will be calculated, included in the developers agreement, and paid in full prior to recording the final plat for the property. 18-4, Limited Business Standards. Section 401.301.E.9 of the Zoning Ordinance provides the CUP standards for allowing residential use in the B-4 District. The standards are as follows: Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided for on site, or proof is shown of arrangements for private parking nearby. 3 Page 54 of 126 Each unit is provided with a two stall garage, spaces in front of the garage door, and guest parking spaces in the development. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. The units are constructed for residential use. It is highly unlikely that the project would be redeveloped for commercial use in the future. 0. Unit floor areas must comply with Section 401.15.C.6. The unit floor areas will comply. d. Compliance with conditional use requirements of Section 401.03.A.8. The Planning C007177iSSIbri and City Council should review the conditional use permit requirements and determine if there are any reasons to not approve the conditional use permit. e, The development does not conflict with existing or potential future commercial uses and activities. The area has been planned for residential development since the approval of the latest Comprehensive Plan in 1998. f. The density, setbacks, and building height standards imposed as part of the R -3 Zoning District are complied with. The R -3 District standards with a PUD will be complied with. Adequate open space and recreational space is provided on site for the benefit of the occupants. The density of the development has been decreased in order to provide more open space. A small private park will be developed as part of the second phase. h The development does not conflict or result in incompatible and use arrangements as related to abutting residential uses or commercial uses. The residential development has been planned for this area. 1. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. All applicable codes will be applied. 4 Page 55 of 126 j. Residential and non-residential uses shall not be contained on the sarne floor. There is 170 commercial development planned within this project. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. The development has been phased with timelines that comply with this request. L The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City council. The design and building materials shall be reviewed as part of a separate section of this report. The Planning Commission and City Council will need to review these issues as part of the general plan review. Project Density. Section 401,15,0.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Townhor e projects require 4,000 square feet of land area per unit excluding right -of -way and wetlands. The phase one 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 would result in are area per unit of 4,712 square feet. The calculations for the second phase would result in an area per unit of 5,485 square feet. Proposed Street/Access, The City council, in granting concept plan approval, supported a private street network for the development. The roadways will be 28 feet wide, back to back. Nova Scotia Avenue North has been provided a 100 foot right -of- way and will be constructed this Summer with a 34 foot wide street. Nova Scotia Court North is being platted and will be given to the city as public right -of -way. It is a cul -de- sac to provide access to the commercial area north of the Xcel power line easements. The roadway would not be constructed until such time as development occurs in that area. The City may choose at some time to vacate the right -of -way if no access is required or if only a private driveway is needed for this area. The Planning Commission has previously discussed the need to provide adequate separation between the residential uses in the east portion of the B -4 and the commercial areas to the west. The City Engineer has indicated that 100 feet of right -of- way will give adequate area for significant boulevard tree plantings along Nova Scotia Avenue. Additionally, the applicant proposes to preserve the existing tree grove on the north side of the existing wetland and pond and provide berming and a screen of trees between Nova Scotia and the townhome units. The Planning Commission may want to comment further on landscape and grading plans for this area. 5 Page 56 of 126 The plans also include a 50 foot right -of -way dedication for Oakgreen Avenue as required by the City Engineer. This development, with the added traffic, will increase the need to improve Oakgreen Avenue with shoulders and turn lanes. Utilities will be placed within the Oakgreen Avenue right-of-way to serve this development. The City Council should consider timing for the Oakgreen Avenue improvements with construction of this development. Private Driveways /Parking. All of the driveways leading into the garages have at least a 20 foot separation from the curb line to the building. There are 29 visitor parking stalls throughout the development. The 28 foot street would allow for parking on one side. The developer homeowners association would need to sign and enforce that parking, Tr•ailslSidewal Cs. The plan includes a system of private trails that would intersect with the city's trail system. A continuation of the 10 foot trail along the Xcei power line easement is planned to extend to Nova Scotia Avenue. A five foot sidewalk is also planned on the private property right -of -way on the north side of 58 Street. The plans show an eight foot trail on the east side of Nova Scotia Avenue. The sidewalk will continue from 58 Street to 6O" Street. The internal system of private sidewalks will provide access throughout the development and around the wetland natural area. The Park Commission has commented on the proposed private and public trail system and their recommendations have been incorporated into the proposed plans. Setbacks. Within a PUD, the base district setback requirements (B -4) are applied only to the perimeter of the project. The B -4 specifies setback requirements as follows: 40 feet front yard, 20 feet rear yard and 10 feet side yard. If the lot is on 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 species 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 building setbacks have been adjusted since the concept plan review. All of the buildings are now at least 20 feet from the right -of -way of Nova Scotia Avenue North. The building separation is also at least 20 feet in compliance with the Zoning Ordinance. All of the building setbacks comply with the PUD requirements. Traffic. The applicant has provided vehicle count information for the two access points to Nova Scotia Avenue. The counts were based upon an average daily traffic generation of 10 trips per day per household. The City Engineer shalt review the information and comment on the overall traffic impact. 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 plan. The plans indicate significant landscaping in the Nova Scotia Avenue boulevard. The grading plan shows some berming along this corridor in order to provide additional separation to the residential units. 6 Page 57 of 126 The landscape plan provides a varied and interesting plan for the development. The applicant will be required to remove the dead trees within the existing wetland/ stormwater ponding area identified on the plat as Outlot D. The City Arborist will review the tree preservation plans and landscape plan for any suggestions and changes. The plans shall be subject to the final approval of the City Arborist. Park. The applicants have provided a small private park in Phase 2 that would be owned and maintained by the homeowners association. The applicant will not be provided any credits from park dedication fees for providing the park area. The plans for the park would be reviewed as part of Phase 2. Grading and Drainage. Detailed grading and drainage plans have been provided as part of the final plan of development submittals. The plan indicates a different shape for the pond that is created within the Xcel power line easement. The plans also indicate the fill stockpile that has been approved by the City Council under a separate conditional use permit. The City Engineer shall review and approve all of the grading and drainage plans. Additionally, any easements required for drainage shall be granted by the City subject to approval of the City Engineer. 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. Ail of the utilities within the development shall be private but built to City specifications. XceI Energy. Previously, the applicant had provided a letter from Xcei indicating that the plans had been reviewed and approved for the proposed parking, streets, and trails that were occurring in the power line easement. The applicant has been asked to submit the plans to Xcel for any further comment or conditions. Well and Septic Abandonment. As part of the redevelopment, the applicant shall abandon all wells and septic systems that will be affected in conformance with Minnesota Rules. Lighting. A lighting plan has been provided that includes a street light fixture 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 shalt be illustrated on the building plans subject to approval of City staff. Signage. The only signage proposed for the development includes two monument signs on each of the two entrances from Nova Scotia Avenue. The site plan does not indicate the exact locations of the signs. Additionally, the applicant should provide to scale diagrams of the signs to assure conformance with City sign requirements. The 7 Page 58 of 126 final design and placement of the monument signs shall be subject to review and approval of City staff. Architectural Appearance. The application materials include preliminary drawings of the two proposed townhome styles and four -plex units. The structures are basic townhome row units with small porches, varying roof lines with brick and lap siding. The four -plex housing units lack architectural detail as they portray extensive horizontality and minor change in material. The applicant has prodded a brick base to the four elevations of the units since the concept plan submittals. The plans indicate vinyl lap siding for some of the townhome units. The City will require steel or a Hardiboard type lap siding. 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. The Planning Commission and City Council should comment further on the building appearance and materials as part of the approvals. Homeowners Association. A homeowners association will be established to maintain the development until the applicant has completed and sold the units within the project. The City will require the applicant to provide all of the association duties and maintenance until after the completion of Phase 2. The City will also require the establishment of one homeowners association and not multiple associations for the development. The applicant shall provide all required homeowners association documents to the City Attorney for his review and approval. The applicant will also be required to disclose the entire development plans to include Phase 2 for all Phase 1 buyers. Disclosure is also required notifying all buyers within the development that the roadway and utilities are private and will not be accepted as public in the future by the City. Development Contract. The applicant will be required to enter into a development contract with the City should approval of the general plan of development be granted. As part of the contract, the provisions for street and utility construction, as well as payment for area changes, would be included. The contract will specify conditions of approval and issues related to phasing the development. RECOMMENDATION 1 CONCLUSION If the Planning Commission is favorable to the general plan, the preliminary /final plan and the conditional use permit to allow residential townhome units in the B-4, Limited Business District, it could be recommended to the City Council with the following conditions: 1, The preliminary /final plat is subject to review and approval by the City Engineer and City Attorney. 8 Page 59 of 126 The Park Commission recommends a cash park dedication for Oakgreen Village. 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. 3. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals, 4. The applicant shall dedicate the right -of -way area for Nova Scotia Court North and Oakgreen Avenue as part of the final plat. 5. The Planning Commission /City Council should comment on the berming and screening provided for Nova Scotia Avenue North as part of the grading and landscape plans. 6 Sidewalks/trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 8 The tree preservation and landscape plans are subject to review and approval of the City Arborist. The applicant shall remove the dead trees within the stormwater /wetland ponding area identified as Outlot D. 9 The plans for the private park shall be provided and reviewed as part of the Phase 2 concept and general plan of development review process. 10 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. 11. The applicant must comply with Xcel Energy's requirements 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. 12. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Minnesota Rules. 13. 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. 14. Two monument signs shall be allowed for the development, subject to final review and approval of locations, and compliance with the City's Sign Ordinance. 9 Page 60 of 126 15. The Planning Commission and City Council should comment on the final design and materials for the townhome structures. 16. The proposed vinyl lap siding must be changed to steel or Hardiboard siding subject to final review and approval of City staff. 17. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 18. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 19. 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. 20. 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 ail 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. 21. The applicant shall dedicate the wetland area north of 58 Street (Outlot D) to the City. 22. 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. 10 Page 61 of 126 A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE REPRESENTING ANCIMBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE FOR PLANNED UNIT DEVELOPMENT (PUD), GENERAL PLAN, PRELIMINARY/FINAL PLAT AND A CONDITIONAL USE PERMIT TO ALLOW A TOTAL OF 67 RESIDENTIAL TOWNHOME UNITS AS PART OF THE FIRST PHASE OF THE OAKGREEN VILLAGE DEVELOPMENT IN THE B-4, LIMITED BUSINESS DISTRICT AND IN AREA WEST OF OAKGREEN AVENUE AND NORTH OF 58TH lH TI EET NORTH SHOULD BE APP OVED WITH CONDITIONS WHEREAS, the City of oak Park Heights has received a request from Tim Nolde representing Anehobaypro Inc. and Valley Senior Services Alliance for PUD, general plan, preliminary/final plat and a conditional use permit to allow a total of 67 residential townhome units as part of the . first phase of the Oakgreen Village development in the 13 -4, Limited I3usiness District and in that area west of Oakgreen Avenue and north of 58 Street 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 SEE ATTACHMENT ENT 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 13 3, The subject property is zoned 13 -4, Limited Business District which allows for residential development as a conditional use. The 'he oakgreen Village development is proposed as a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for the first phase of the Oakgreen Village development; and Page 62 of 126 5. City staff prepared a planning report dated May 4, 2006 reviewing the request for the general plan of development; and 6. The May 4, 2006 planning report recommended approval of the general plan of development subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their May 11, 2006 meeting, tools comments from the applicants and public, closed the public hearing, and made the fbilowi ng recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMIVIISSION FOR THE CITY OF OAK PARK IIEIGI -ITS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Tim Nolde representing Anchobaypro Inc. and valley Senior Services Alliance for PUD, general plan, preliminary /final plat and a conditional use permit to allow a total of 67 residential townhome units as part of the first phase of the Oakgrcen Village development in the B -4, Limited Business District and in that area west of C)akgreen Avenue and north of 58 Street North and affecting the real property as follows: SEE ATTACHMENT A 13e 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 preliminary /final plat is subject to review and approval by the City 1Engineer and City Attorney. 2 The Park Commission recommends a cash park dedication for C)alcgreen Village. 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. 3. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 4. '•I•'he applicant shall dedicate the right- of-way area for Nova Scotia Court North and ()akgreen Avenue as part of the final plat. 5. The Planning Commission is favorable to the beaming and screening provided for Nova Scotia Avenue North as part of the grading and landscape plans. 6. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer, Page 63 of 126 7. The applicant's traffic study for the ()akgreen v i l l urge development shall he subject to review and approval of the City Engineer. 8. Tile tree preservation and landscape plans are subject to review and approval of the City Arborist. Additional trees and landscaping shall be provided on the north edge of the development. The landscape plan shall be updated and approved by the City Arborist. 'Ile applicant shall remove the dead trees within the stor•mwatcr•Iwetland ponding area identified as OOutlot D. 9. The plans for the private park shall be provided and reviewed as part of the Phase 2 concept and general plan of development review process, 10. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer, Storrnwatcr issues are also subject to review and approval by the applicable watershed authority. 11. The applicant must comply with Xcel Energy's requirements for construction of a pond within the Xcel Energy easement. The applicant shall resubmit the development plans to Xeel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be provided to the City. 12. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Mil.iniiesota Rules. 13. 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. 14. Two monument signs shall be allowed for the development, subject to final review and approval of locations, and compliance with the City's Sign ordinance. 15. The Planning Commission is favorable to the final design and materials for the townhonie structures. 16. The proposed vinyl lap siding must he changed to steel or lmlardiboar•d siding subject to final review and approval of City staff. 17. 'The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 18. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 19. The applicant shall provide all association duties and maintenance until the completion of Phase 2. The homeowners association shall he organized with a funded reserve provided 3 Page 64 of 126 ATTEST: by the developer. The `hc 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, 20, The applicant shall he 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. 21, The applicant shall dedicate the wetland area north of 58 } Str {eet (Outlot D) to the City. 22. The applicant is required to enter into a development agreement with the City in a fora acceptable to the City, and subject to review and approval of the City Attorney. 23. A plan for postal box design and locations on the site shall be submitted to and approved by City staff and the Postmaster, 24. The City Engineer shall review and submit for approval to the Parks Commission and City Council a plan for crosswalks and 58 Street and Nova Scotia Avenue North. 25. The applicant shall provide a snow removal plan subject to review and approval of City staff: Recommended by the Planning Commission of the City of Oak Park I 'eights this 11 day of May 2006. Eric A, Johnson, City Administrator Mike Runk, Chair 4 Page 65 of 126 Attachment A Washington County GEO Code: 05.029.20-XX-XXX Leal Description: Lot 1 -4, Block 1, Oakgreen Village Lot 1-4, Block 2, Oakgreen Village Lot 1-8, Block 3, Oakgreen Village Lot 1 -3, Block 4, Oakgreen Village Lot 1 -8, Block 5, Oakgreen Village Lot 1-4, Block 6, Oakgreen Village Lot 1 -4, Block 7, Oakgreen Village Lot '1 -4, Block 8, Oakgreen Village Lot 1 -4, Block 9, Oakgreen Village Lot 1 -4, Block 10, Oakgreen Village Lot -4, Block 11, Oakgreen Village Lot 1 -4, Block 12, Oakgreen Village Lot 1 -4, Block 13, Oakgreen Village Lot 1 -4, Block 14, Oakgreen Village Lot 1-4, Block 51, Oakgreen Village All located within the NE I4 of Section 5, Township 29, Range 20, Washington County, MN Page 66 of 126 ATTACHMENT B Planned Unit Development (PUD): General Plan, Preliminary /Final Plat & Conditional Use Permit OAKGREEN VILLAGE — Phase 1 (67 Residential Townhouse Units) Application Materials O Application Form • Fees (applicable) • 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) Planning Commission Public Hearing & Recommendation: May 11, 2006 Required Approvals: Planning Commission City Council Conditional Use Permit - Lapse of Approval: Majority Vote Majority Vote 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 ( 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 ( days before the expiration of said approval. (401 .03C.4.a and b) Page 67 of 126 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 ANCH4BAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE FOR PLANNED UNIT DEVELOPMENT (PUD), GENERAL PLAN, PRELIMINARYIFINAL PLAT AND A Ct7NDITIONAL USE PERMIT TO ALLOW A TOTAL OF 67 RESIDENTIAL TQWNHOME UNITS AS PART OF THE FIRST PHASE OF THE OAKGREEN VILLAGE DEVELOPMENT IN THE B -4, LIMNED BUSINESS DISTRICT AND IN THAT AREA WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET NORTH 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 PUD, general plan, preliminary /final plat and a conditional use permit to allow a total of 67 residential townhome units as part of the first phase of the Oakgreen Village development in the B -4, Limited Business District and in that area west of Oakgreen Avenue and north of 58 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights 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 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 RESOLUTION NO. SEE ATTACHMENT B 3. The subject property is zoned 8-4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development is proposed as a planned unit development; and Page 68 of 126 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for the first phase of the Oakgreen Village development; and 5. City staff prepared a planning report dated May 4, 2006 reviewing the request for the general plan of development; and 6. The May 4, 2006 planning report recommended approval of the general plan of development subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their May 11, 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 FOLLOWING: A. The application submitted by Tim Nolde representing Anchobaypro Inc. and Valley Senior Services Alliance for PUD, general plan, preliminary /final plat and a conditional use permit to allow a total of 67 residential townhome units as part of the first phase of the Oakgreen Village development in the FM, Ilimited Business District and in that area west of Oakgreen Avenue and north of 58 Street 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 subject to the following conditions: 1. The preliminary /final plat is subject to review and approval by the City Engineer and City Attorney. 2. The Park Commission recornrnends a cash park dedication for Oakgreen Village. 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. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals, 4. The applicant shall dedicate the right- of-way area for Nova Scotia Court North and Oakgreen Avenue as part of the final plat. 5. The City Council is favorable to the berrning and screening provided for Nova Scotia Avenue North as part of the grading and landscape plans. 2 Page 69 of 126 6. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. 7. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 8. The tree preservation and landscape plans are subject to review and approval of the City Arborist. Additional trees and landscaping shall be provided on the north edge of the development. The landscape plan shall be updated and approved by the City Arborist. The applicant shall remove the dead trees within the stormwater'wetland ponding area identified as Outlot D. 9. The plans for the private park shall be provided and reviewed as part of the Phase 2 concept and general plan of development review process. 10. 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. 11. The applicant must comply with Xcel Energy's requirements for construction of a pond within the Xcel Energy easement. The applicant shall resubmit the development plans to Reel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be provided to the City. 12. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Minnesota Rules. 13. 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. 14. Two monument signs shall be allowed for the development, subject to final review and approval of locations, and compliance with the City's Sign Ordinance. 15. The City Council is favorable to the final design and materials for the townhome structures. 16. The proposed vinyl lap siding must be changed to steel or Hardiboard siding subject to final review and approval of City staff. 17. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 18. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 3 Page 70 of 126 19. 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. 20. 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. 21. The applicant shall dedicate the wetland area north of 58 Street (Outlot D) to the City. 22. 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. 23. A plan for postal box design and locations on the site shall be submitted to and approved by City staff and the Postmaster. 24. The City Engineer shall review and submit for approval to the Parks Commission and City Council a plan for crosswalks and 58 Street and Nova Scotia Avenue North. 25. The applicant shall provide a snow removal plan subject to review and approval of City staff. ATTEST: Approved by the City Council of the City of Oak Park Heights this 23 day of May 2006. Eric A. Johnson, City Administrator David Beaudet, Mayor 4 Page 71 of 126 Attachment A Washington County GEO Code: 05.029.2O- X X Legal Description: Lot 1 -4, Block 1, Oakgreen Village Lot 1 -4, Block 2, Oakgreen Village Lot 1 -8, Block 3, Oakgreen Village Lot 1-3, Block 4, Oakgreen Village Lot 1 -8, Block 5, Oakgreen Village Lot 1 -4, Block 6, Oakgreen Village Lot 1 -4, Block 7, Oakgreen Village Lot 1-4, Block 8, Oakgreen Village Lot 1 -4, Block 9, Oakgreen Village Lot 1 -4, Block 10, Oakgreen Village Lot 1 -4, Block 11, Oakgreen Village Lot 1 -4, Block 12, Oakgreen Village Lot 1 -4, Block 13, Oakgreen Village Lot 1 -4, Block 14, Oakgreen Village Lot 1 -4, Block 51, Oakgreen Village All located within the NB 1 /4 of Section 5, Township 29, Range 20, Washington County, MN Page 72 of 126 ATTACHMENT B Planned Unit Development (PUD): General Plan, ProliminarylFlnal Plat & Conditional Use Permit OAKGREEN VILLAGE — Phase1 (67 Residential Townhouse Units) Application Materials • Application Form • Fees (applicable) • 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 O Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: May 11, 2006 Required Approvals: Planning Commission City Council Conditional Use Permit - Lapse of Approval: Majority Vote Majority Vote 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+C4.a and b) Page 73 of 126 Bonestroo tosene MEM Ander lik & Associates Engineers & Architects May 15, 2005 2335 West Highway 36 St. Paul. MN 55113 Office: 651-636-4600 Fax: 651-636-1311 www bonestroa CO Mr- Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd.., P O Box 2007 Oak Park Heights, MN 55082-2007 Re: Oakgrcen Village General Plan Review BRA File No. 55-05-000 Dear Eric: We have reviewed the general plans, dated April 26, 2006, for the Oakgreen Village development as submitted by Folz, Freeman, Erickson, Inc Following are our comments and /or recommendations. p is The streets, sanitary sewer, water main and majority of the storm sewer will be privately owned. The exception is all storrn sewer that connects trunk storm water ponds will be owned by the City. Sheet 2 1. The south cul -de -sac is shown with a 4T radius. A. 45' radius is the minimum required for public cul -de -sacs in the City. It should be verified by the fire chief that this radius is acceptable for maneuvering emergency vehicles. Sheet 4 1. Spot elevations should be shown for the top and bottom of all retaining walls. Detailed design drawings and calculations for any retaining wails over 3.0 feet tall shall be submitted to the City for review and approval prior to construction. 2. The grading contours on the west side of the wetland go from 940 directly to 944.. It appears the 942 contour is missing, 3, Clearly define the wetland boundary and provide verification that proper wetland setbacks and buffer are being met. 4. Verify that all slopes are 3:1 or less. It appears there are slopes greater than 3:1 in the southwest corner of the property and just southwest or the north pond. St Paul. St Cloud. Rochester. MN w Milwaukee. WI w Chlca o. 1L Afllrmatiue Action/Equal Opportuflty Employer and Employee Owner! Page 74 of 126 5. Label the Emergency Overflow Routes.. 6. Identify some spot elevations and drainage arrows, especially in critical drainage locations such as south of units 52 -54.. At this location the overland drainage appears to be minimal . 7. The existing southwest NURP Pond is being significantly reduced. Show the proposed grading plan for this pond and provide information on its water quality treatment. The existing drainage area to the pond is being maintained, however the size ofthe pond is being reduced.. 8. The southeast NURP pond and the existing wetland are labeled with a NWL of 936,0 and the southwest NURP pond is labeled with a NWL of 937..7, However, the contours shown in this area are not corresponding with the blue area shown on the plans as the NAAFI., of the ponds. Street 7 1. With the construction of Nova Scotia Avenue North the City will install the following items that will be paid for by the Oakgreen Village development: a. Three 8" water main stubs extended to the right -of-way. b. Concrete curb and gutter radii at the two entrances to the development. 0.. The bituminous pathway in the east boulevard of Nova Scotia. The plans currently show the connection ofthe water main in Nova Scotia Avenue, This should be revised to show the connection at the right of way, 3. The drainage area to the existing wetland is being decreased with the grading of the site. To maintain hydrology to the wetland the outlet for the south ponding system should be placed on the existing wetland, rather than on the east NURP pond as currently drawn. This will allow both the east and the West NURP Ponds to discharge into the wetland. To maximize the upland buffer surrounding the wetland it is recommend the outlet be placed at 935,50. 4 Inlet FES 103 in the proposed north pond is directly across from the outlet.. This configuration decreases the treatment capabilities of the pond, The inlet/outlet locations should be moved to maximize the hydraulic length between the two structures, 5. Both the sanitary sewer and storm sewer pass between units 39 and 40 and between units 51 and 52. The pipes are approximately 15' deep relative to the finish floor elevations of the units. The plans show only 10' between the pipes and the buildings. At these depths there should be a minimum of 15' from the utilities to the buildings,. Page 75 of 126 Plat 6. In the HydroCAD model a 15" and 8" submerged pipe are shown in the outlet for the south pond and north pond, respectively. The primary outlet for the south pond is 15" RCP and 12" RCP for the north pond, Submerged pipes easily fill with sediment and debris, therefore to maintain capacity to the primary outlets the minimize size for the submerged pipes shall be 24 ", 1 The storm sewer from pond to pond and the star sewer outlet from the proposed north pond Lo the existing system will part of the City's public infrastructure.. A 30' utility easement will be required for this system_ General Comments 1. The additional items shall be submitted for review: Sincerely, a, Pipe profiles for public storm sewer. b. Details, including outlet structures. c., Typical Section for Roads. d, Erosion Control Plan, including native seed mixture for upland area surrounding the wetland_ e, Copy of the Approval letter from the Middle St.. Croix Watershed. The plans will require further review when items discussed in this letter are submitted, if you have any questions or require additional information, please contact nee at (651) 6O4 -4788 or Dennis Postler at (651) 604-4815. BONE TROD, RO EN , ANDERLIK & ASSOCIATES, INC.. area 8. Erickson, P. E. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Todd Erickson -Foiz, Freeman Erickson, inc. DMP, BlvEK, File Bonestroo & Associates K; 55\ 5Sprivate \oakgrecinvitlagefeb06\jahnson j(SIh^Oakgreen Village general plan 5.15 -O6 Page 76 of 126