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HomeMy WebLinkAbout2005-04-12 CC Meeting Packet Enclosurewig, a O ak Park Heigh R equest for Council Action Meetin g Date .�.... ^_..._ Aril 12' Agenda Item Title: fine Grove Gardens — Findings of Fact & Resolution for Denial Time: 10 min utes Eric John Administrator ::lri �r �:.:. LL, a:�`, -f ' L S �i Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): At the March 29',2005 City Council Meeting, the Council voted (3-2) to deny approval of the Pine Grove Gardens rezoning and comprehensive plan amendment. The Council directed staff to prepare Findings of Fact (4- 1) in appropriate resolution form for the subsequent Council meeting (April 1 2th, 2005). Accordingly, such resolution is attached and as prepared by Scott Richards. Attachments to the resolution will be included in the final document prepared far signature. X%JV_J oN Nos CITY COUNCIL CITY OF OAK PARK IWIGHTS wAS11INGTON COUNTY, MINNESOTA WHRREAS, the City of oak Park Heights has received a request from Oak lark Heights Development LLC for a Comprehensive Flan reap change from residential business transitional to medium density residential and a zoning change from 0, Open Space Conservation to R -3, Multiple Family Residential District for property on Oakgreen Avenue and north. of 58 th Street; 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. follows, to wit. 1. The real property affected by said application is legally described as SEE ATTACHMENT A and 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 designated as residential business transitional and zoned o, open Space Conservation which will not allow the project as proposed by Oak park Heights Development LLC; and 4. A Comprehensive Flan neap change to designate the property as medium density residential and a rezoning to R -3, Multiple Family Residential District would be required to allow the project to move forward through the Planned Unit Development and plat process; and 5. City staff prepared a planning report dated March. 4, 2005 reviewing the request by the applicant for the 26 unit townhome project to be known as Pine Grove Gardens; and 6. Said report recommended that the Planning Commission and City Council review the Comprehensive Plan change and rezoning request prior to the Planned Unit Development and plat consideration; and 7. The Planning Commission held a public hearing at their March 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR T CITY OF OAK P ARK HEIGHTS THAT T CITY COUNCIL DENIES THE FOLLOWING REQUEST: A. The application submitted by Oak Park Heights Development LLC for a Comprehensive Plan map change from residential business transitional to medium density residential and a zoning change from O, Open Space Conservation to R -3, Multiple Family Residential District for property on Oakgreen Avenue and north of 58 Street, 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 subject property is transitional in nature based upon current and future land uses. There is no residential neighborhood directly abutting the property. Future land use is more suited to commercial or mixed land use. 2. In that area east of Oakgreen Avenue, commercial or mixed land uses are appropriate for the area south of the xcel Energy power lines which is consistent with the potential of commercial development to the north. 3. Potential right -of- -way required by MnDOT for Oakgreen Avenue would adversely impact residential development of the subject site. Com aercial development or mixed land use would be more appropriate if a portion of the property is required for MnDOT right-of-way. 2 Denied by the City Council of the City of Oak Park Heights this 29" day of March 2005. David Beaudet, Mayor ATTEST: Erie A. Johnson, City Administrator 3