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HomeMy WebLinkAbout2002-08-27 CC Resolution #02-08-48RESOLUTION NO. ca r-vp- 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 DEAD 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: and 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.x.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 Kam ser, cting tity Administrator 3 11,1* 011141", 1 it' id Beau . "FROW WINTHROP & Y!EINSTT 'rPi3 (TUE) 2. 19' 02 dl/Sr, 14:09/NO. 4863698798 P 3 ATTACHMENT A pAR FTt1: Registered Tracts A, B and D, and Survey of 114, as surveyed and filed in the office of The Registrar of Titles in d for Washington Cody Minnesota. PAR F142: - f fhb Northeast Qu&ter 114 of1E1 /4) of All that part ��` -the Northeast e '�`v��. ���� Section Five , Township Twenty- -nine (29) North of � C described as follows: )3eginnig at a point on the East line of thet said of the Northeast Qiuirtr (NE1/4 of NE1/4) 472 feet North. of , Northeast ling �1+ the South ��� the So�-eaSt corner thereof thence West on . e North on a line panel to th East line thereof �'� � feet to a point; they �� 275 c: East on a line parallel w ith th S lit theme �,1 � feet to a �.� thy. East tie thereof 110 ift on the �t line thereof; thence � on the feet to � - public highway on the East side of to the point of b ginning; subject to t � feet � said tract. FROM { TO 2/19/2002 2:11 PM Page 4 For: Required Approvals: Planning Commission City Council 4/5 ....LTACHMENT B Planned Unit Development: Concept Plan OAKGREEN VILLAGE VILLAS Application Materials 6 Application Form O Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written and Graphic Materials Fully Explaining Proposal/Consistency with City's Comprehensive Plan O 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.