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HomeMy WebLinkAbout2002-08-27 CC Meeting Packet EnclosureMeeting Date August 27, 2002 Agenda Item Title Oak green Village Villas: P.U.D Findings of F g g g s act Time Required 5 Minutes Agenda Placement Old Business Originating Department/Requestor Cit Council Requester's Signature Action Requested Background/Justification: S ,`SHAR1D \Porms\COUNCIL ACTION RECCUBST.doc Oak Park Heights Request for Council Action r` I Approve Resolution At the City Council meeting of 8/13/02, staff was directed to prepare a findings of fact to deny the Oakgreen Village Villas: Planned Unit Development Concept Plan. A resolution for denial of this application is included for your review and approval. Please contact me with any questions you may have and RESOLUTION NO. OF THE 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 VALLEY SENIOR SERVICES ALLIANCE, INC. AND TIM NOLDE FOR A PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE PERMIT CONCEPT PLAN REVIEW TO ALLOW MULTIPLE FAMILY TOWNHOMES WITHIN THE CENTRAL BUSINESS DISTRICT BE DENIED WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance, Inc. and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for the property north of the Xcel Energy power line easement within the Central Business District, 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 finding of fact: 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 SEE ATTACHMENT B 3. The subject site is zoned CBD, Central Business District in which multiple family townhomes are a conditional use; and 4. A planned unit development concept /general plan review is required for developments with more than one building on a defined lot with private driveways; and 5. The subject site is included in the area of the Central Business District Urban Design Study. The Central Business District Design Guidelines apply to the proposed project; and 6. The City Staff prepared a memorandum dated August 2, 2002 reviewing the request; and 7. The memorandum dated August 2, 2002 recommended the request be approved with conditions; and 8. The Planning Commission held a public hearing at their August 8, 2002 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND DENIES THE APPLICATION: A. The application submitted by Valley Senior Services Alliance, Inc and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for property north of the Xcel Energy power line easement within the Central Business District, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby denied by the City Council of the City of Oak Park Heights subject to the following findings of fact: 1. The City Council finds that the provision of one stall garages for the two bedroom units is not in conformance with Section 401.15.F.9 related to parking requirements of the Zoning Ordinance. 2. The City Council finds that the stormwater ponding should be located on site. 3. The City Council finds that the proposed location of the 59 Street North and Oakgreen Avenue intersection will create adverse traffic issues on Oakgreen Avenue. 4. The City Council finds that the proximity of the proposed tot lot to the proposed 59 Street is not safe. 5. The City Council finds that residential development shall not be allowed in this location, north of the Xcel power line easement, in accordance with the Central Business District Design Guidelines Master Plan. 2 Denied by the City Council of the City of Oak Park Heights this 27 day of August 2002. ATTEST: Kimberly Damper, Acting City Administrator 3 David Beaudet, Mayor FROM INTHROP & WEIN8TIN 'VP13 „.— (TUE) : a- (THE) 2 19' 02 1 J /ST. 14 :09 /NO. 4863698798 P 3 ATTACHMENT A PARCEL 1: Registered Land Spey No 114, as surveyed and filed in the office of Registrar of Titles in .d for Washington. Cow, Minnesota. � PAR ET, 2; of Northeast Qtr X1/4 ofNE1)4) X11 that part of the Northeast Qinrter �,� 'v TO�.i Twenty-nine (29) North of Range Twenty (20) of Section Five � �4 � en described as follows; )3es:inning at a point on the East line of the said Northeast aster of the Northeast Quarter with with the South line Southeast corner thereof; thence West on ►. line parallel • the pee North on a line panel to the East line thereof thereof �'� � feet to a point; th � � '� � • thence East on a line e with the South ling than o �i�ftto a��� -, �� l - feet to a point on the East line thereof, thence South on the East l e thereof 110 feet to the point o �, �� � `b in n • sub' t to the public highway on the East side of said tract FROM TO 2/19/2002 2 :11 PM Page 4 For: Required Approvals: Planning Commission City Council 4/5 ATTACHMENT B OAKGREEN VILLAGE VILLAS Planned Unit Development: Concept Plan Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written and Graphic Materials Fully Explaining Proposal/Consistency with City's Comprehensive Plan • Mailing List from Washington County (350/150) • Proof of Ownership or Authorization to Proceed • Property Tax Statement Limitation on General Concept Plan Approval Unless a General Plan of Development covering the area designated 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 State 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. and and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE, INC. AND TIM NOLDE FOR A PLANNED UNIT DEVELOPMENT /CONDITIONAL USE PERMIT CONCEPT PLAN REVIEW TO ALLOW MULTIPLE FAMILY TOWNHOMES WITHIN THE CENTRAL BUSINESS DISTRICT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance, Inc. and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for property north of the Xcel Energy power line easement within the Central Business District, 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: SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site is zoned CBD, Central Business District in which multiple family townhomes are a listed conditional use; and 4. A planned unit development concept /general plan review is required for developments with more than one building on a defined lot with private driveways; and 5. The City Staff prepared a memorandum dated August 2, 2002 reviewing the request; and 6. The memorandum dated August 2, 2002 recommmended the request be approved with conditions; and 7. The Planning Commission held a public hearing at their August 8, 2002 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 Valley Senior Services Alliance, Inc and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for property north of the Xcel Energy power line easement within the Central Business District, 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 subject to the following conditions: 1. The Planning Commission and City Council should consider the deviation from the master plan of the CBD Design Guidelines to allow for residential townhomes in the Medium Box Mixed Use Precinct. The preliminary /final plat shall be submitted as part of general plan of development review and approvals. 3. The Parks Commission and City Council should comment on the preferred form of park dedication for this area. If a land dedication is preferred, the Parks Commission and City Council shall determine if the parcel under the Xcel power line easement proposed by the applicant for dedication is appropriate. 4. The applicant shall dedicate an easement for 59 Street and all required drainage and utility easements as required by the City in the final plat and development contract. 5. The Planning Commission and City Council should consider the issue of one garage stall per two bedroom unit. Allowance for a one stall garage shall be considered as part of the general plan of development approval. 6. The Park Commission and City Council should comment on the trail requirements for this area and recommend the desired trail /sidewalk locations for incorporation into the general plan of development. 2 7. The Planning Commission and City Council should comment on the proposed setbacks for the Villas project. 8. The applicant shall provide drainage calculations for the proposed site. The drainage plans and any required drainage easements shall be subject to review and approval of the City Engineer and the applicable watershed authority. 9. Utility plans shall be subject to review and approval of the City Engineer. 10. A development contract between the applicant and the City shall be required as part of the general plan of development approvals subject to City Attorney and City Council review and approval. Recommended by the Planning Commission of the City of Oak Park Heights this 8th day of August 2002. ATTEST: Kimberly Ka o \ per, Acting City Administrator 3 BON WI NTHP.OP �� I N� . T I Nr PZS (TUE) 2. 19' 02 ' d 1/ T, 14:09/NO. 4863698798 P 3 � FROM ATTACHMENT A PAR 'L Tracts A, B and D, Registered Land Survey No 114, as surveyed and fied in the office of Registrar of Titles in and for Washington Cam, Mian PARCEL of t� Northeast Qu arter 114 of NE114) All tit � of the 1 Range Tyr (20) F Five Township `�eyr�e (29) North of of ���� �' � �� - the East line of the said described follows: 13e� at a point on T Northeast (NEI/4 ofNE1 /4) 472 feet Nom Northeast Quarta o� �� � line thence West an a li ne parallel with the South the Southeast corner � � the East line thereof to a point; thence North on a line p�lel to thereof 275 � with the South line thereof 275 it to a �� thence East on a line �e � � � feet • thence �o� on the East line tkxer�of 110 �t to a point on the East line o `�� of t off ` beginning; shj t to the public c highway on the East feet to the �o� said tract TO 2/19/2002 2:11 PM Page 4 For: OAKGREEN VILLAGE VILLAS Required Approvals: Planning Commission City Council 4/5 ATTACHMENT B Planned Unit Development: Concept Plan Application Materials • Application Form O Fees O Plan Sets (3 Large Scale Sets/20 11X17 Sets) O Written and Graphic Materials Fully Explaining Proposal/Consistency with City's Comprehensive Plan • Mailing List from Washington County (350/150) O Proof of Ownership or Authorization to Proceed • Property Tax Statement Limitation on General Concept Plan Approval Unless a General Plan of Development covering the area designated 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 State 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.