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Home My WebLink About2006-04-11 CC Resolution #06-04-17A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A PUD CONCEPT PLAN FOR THAT AREA WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET FOR A TOTAL OF 67 RESIDENTIAL UNITS AS PART OF A FIRST PHASE OF THE OAKGREEN VILLAGE DEVELOPMENT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Noide, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a PUD concept plan for that area west of Oakgreen Avenue and north of 5 8' Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development; 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 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 RESOLUTION NO. o -off 7 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 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 is proposed as a planned unit development; and 4. City staff prepared a planning report dated March 2, 2006 reviewing the request for the concept plan of development; and 5. The March 2, 2006 planning report recommended approval of the concept plan of development subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a PUD concept plan for that area west of Oakgreen Avenue and north of 5 8 Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development 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. B -4 District standards with a Planned Unit Development overlay are compliant with the proposed project application. . The applicant provides a property appraisal, acceptable to the City Attorney to calculate park dedication. 3. The plat shall dedicate right-of-way for Nova Scotia Avenue North and Oakgreen Avenue North as required by the City Engineer and City Attorney. 4. The Cit y Council resolves that the City reserve the right -of -way for 59 Street North as part of the Oakgreen Village plat but not construct the roadway at this tine. The right-of- way will begin at Nova Scotia and end before Oakgreen Avenue as approved by the City Engineer. 5. The City Council is favorable to the design of Nova Scotia Avenue including the screening, landscaping, and berms proposed on the preliminary plans. 6. The City Council will accept a private street and private utility network for this development as indicated on the concept plan. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The Park Commission should comment on the proposed private and public trail system. 9. All required setbacks to conform with zoning and wetland ordinance requirements and shall be incorporated in the general plan of development. 2 10. All perimeter units must maintain a 20 foot setback to the lot lines. 11. The applicant shall provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 13 . Detailed park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 16. The applicant shall provide documentation for general plan of development review indicating financial capability, to the satisfaction of the City, that the project can be completed as shown in the general plan. 17. The plans are subject to review and approval of the applicable watershed authorities and all MPCA permits shall be approved before operations shall commence. 2006. ATTES Approved by the City Council of the City of 0 _ ►leights this 11 th ' a of April son, City Administrator Davi " eaudet, ayor 3 ATTAMENT Folz Fre Ericksqn, Inc. LAND PLANNING 4 SURVEYING > ENGINEERING dakgreen Village Prelimiiaary Plat ---- Legal Description Lion. of Pro Surveyed Taken. by Boundary Survey of Kurth . h surveying, Inc, January 3 , 2002.) �,eg�,1��crip p � Ali of the North Half of the Southemt Quarter of the Northeast Quarter of Section 5 , r R e 20. 'ash on County Minnesota, except the following: �'a.shzp ��. � g � � ,k1.1#3,atpart of the Nonth. Half of the Southeast Quarter of the Northeast Qarter of S ect' o �. - � � �. o Wr�.sh.�p .ai b 29 ge 20; described as follows: Commencing at the � said North. a f of the Southeast Quarter of the Northeast Southeast corner o f beginning . North along the East die thereof 560 feet to the point,of gin�ng Quaiter. thence � o f this description: ' tion: thence Westerly at right angles to the last described line 200 feet toa.pa�at: ' thence N orth and parallel With the East line of the Southeast Quarter of 100 feet to a point an the Nprth line of said Southeast the �oz Quater, � � line 200 feet to the e Northeast Quarter: thence East along said North. ��aztcr o�'th Southeast Quarter of the Notheast Quarter: thence South along fast lie of said � . East line 100 00 feet to the point of beginning of this des option.. • s aid East .d except: Northeast Quarter e North Half of the Southeast Quarter ofthe North That part of the aid North half of follows: Coniencing at the Southeast corner of s d.escrrhed as �, along East ��e thereof, the Southeast Quarter of th.e Ntheast Quarter: thnce nor g �. � continue Northerly feet to the point of beginning of this descript .on: thence a y 182 � p and e .d� coal a� to last along sand Bast lie 218 feet to a point: thence West p ` g ° line feet to point: thence South and parallel With the East line of described. hne �� fe p said SoSoutheast Quarter of the Northeast Quarter 21.8 feet to a point: thence East and ular to last described. line 200 feet to the point ofbeginning. p�end�c Together with: Tracts A and B, 'Registered Land Survey No , 114 - A.lso together with as follows: `�ha,tpa�of�. Northeast Quartet of the Northeast Quarter described ` the East Line of the s ai.d. Northeast Quarter: of the Northeast Beginning at a point ❑�. a line ort a. of the Southeast corner thereof: thence West on Quazer� 472 feet on a line South line thereof. 275 feet to a point: thence North. o parallel with the � o� axa��el parallel with the East lir� line thereof. 1.10 feet to a point. thence East on a line p 5 feet to a point on the Bast line thereof: thence South with. the S fl uth ��e thereof, � � p on. the East line thereof 110 feet to the point of beginning. Also together with: • That part of the Northeast Quarter of the Northeast Quartet of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows.' B 'eginnipg at a paint on the east line of said Northeast Quarter of the Northeast Quarter, 242.00 feet north of the southeast corner thereof, thence west on a line par 4l.el with the southline thereof. 150,00 feet to a point: thence north On a line parallel with the east lib thereof 115:00 to a point; thence east on a. line parallel with the south. line thereof. 150,00 feet to a point on the east line • thereof: thence south on. th.o eat . l ne thereof. '1.15.00 feet to the point of beginning. Also together ith.; That part of the Northeast Quarter of the Northeast Quarter of Section.5, Township 29. Range 20. Washington. County, Minnesota described a follows: Beginning at a point 242.00 feet north oft the south line of said Northeast Quarter of the Northeast Quarter, and 150.00 feet west of the east line of said 'Northeast Quarter of the Northeast Quarter: thence west on a line parallefWith. the south 1 hn e of said Nottheasti Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a tine parallel to the east line thereof 115,00 feet to a point: thence east on a line parallel with the south line thereof. 1 25.04 feet to a point: thence south on. a Line parallel with the east line thereof 1 15.00 feet to the paint o f b egl.nnin.g. Also together with: ghat p, art of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29 Range 20, Washington County, Mi..nesota described. as follows, Beginning at the southeast comer thereof and run thence west along the south lire thereof 150.00 feet to a point: thence north on a line parallel with the east line thereof, 80,0O feet tb a point; thence East do aline parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south. 80,00 feet to the point of beginning, Also together with: All that part if the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said. Northeast Quarter of the Northeast Quarter, 385 feet to West of the South. Bast Oorner thereof: thence North on. a line parallel with the East line thereof. 80 feet to a point: thence East on a line parallel with South. line thereof. 225 feet to a point thence South on a line parallel with the East Line thereof. 80 feet to the South line thereof: thence West on the South. line thereof. 225 feet to the point of begging. Outlot A, B ❑UTWBLLS LANDING, according to the plat on file and of record In the Office of the County Recorder, Washington County, Minnesota. 2of2 Required Approvals: ATTACHMENT B Planned Unit Development (PUD): Concept Plan OAKGREEN VILLAGE Application Materials ffi 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) O Proof of Ownership or Authorization to Proceed • Property Tax Statements} /Legal Description(s) Planning Commission Public Hearing & Recommendation: March 9, 2006 Planning Commission 4/5 City Council 4/5 PUD: general concc t — Effect of Concept Plan Approval: PUD: concept 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 06G2d) PIED: 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)