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Home My WebLink About2005-05-24 CC Resolution #05-15-19RESOLUTION NO. 0 5 -- 0 5 -19 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHAVG FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY OAK PARK HEIGHTS DEVELOPMENT LLC FOR A COMPREHENSIVE PLAN MAP AMENDMENT, REZONING TO R -3, MULTIPLE FAMILY RESIDENTIAL DISTRICT, CONCEPT /GENERAL PLAN OF DEVELOPMENT PUD AND PRELIll/IINARY AND FINAL PLAT FOR A 26 IJNIT TOWNHOME PROJECT KNOWN AS PINE GROVE GARDENS ON OAKGREEN AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Oak Park Heights Development LLC for a Comprehensive Plan amendment, rezoning to R-3, Multiple Family Residential District, Concept/General Plan of Development PUD, and Preliminary and Final Plat for a 26 unit townhome project known as Pine Grove Gardens on Oakgreen Avenue; 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: and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT A SEE ATTACHMENT B 3. The subject site is designated in the Comprehensive Plan as R-B, Residential Business Transitional and it is zoned 0, Open Space Conservation. The applicant has requested that the property be redesignated as medium density and rezoned to R -3, Multiple Family Residential District; and 4. The applicant has requested a Planned Unit Development Concept and General Plan review for the project. The PUD is required to allow access from private driveways; and 5. City staff prepared planning reports dated March 4,2005 and May 5,2005 reviewing the applications,and the May 5,2005 report recommended approval of the applications subject to conditions; and 6. The City Council,at their March 29,2005 meeting,voted 3 to 2 to deny approval of the Pine Grove Gardens Comprehensive Plan amendment and rezoning;and 7. The City Council,at their April 12,2005 meeting, voted to reconsider consideration of the application and to direct the application back to the Planning Commission; and 8. The Planning Commission held a public hearing at their March 10,2005 and May 12,2005 meetings,took comments from the applicants and public, closed the public hearing,and recommended 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 Oak Park Heights Development LLC for a Comprehensive Plan amendment, rezoning to R-3, Multiple Family Residential District, Concept/General Plan of Development PUD, and Preliminary and Final Plat for a 26 unit townhome project known as Pine Grove Gardens on Oakgreen Avenue, 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 is the following: • Comprehensive Plan Amendment to Medium Density Residential(exclude area identified as Outlot A) • Zoning Amendment to R-3, Multiple Family Residential District (exclude area identified as Outlot A) • PUD Concept and General Plan Approval • Preliminary and Final Plat And subject to the following conditions: 1. The final plat shall be subject to any comments or requirements imposed by the City Engineer and City Attorney. The City Attorney shall provide comment and recommendation on the proposed separate developable parcel designated as an outlot, with recommendations to be incorporated into the development agreement. All drainage and ponding areas provided in the outlot shall be preserved by easement or otherwise for the benefit of the overall development and shall be maintained to City standard by the developer or homeowners association. No further development of the outlot shall proceed until the City has taken a final position on the St. Croix River Crossing TH 36 project. 2 2. The applicant shall be required to pay a cash park dedication fee based upon the requirements of Section 402.08 of the Subdivision Ordinance. The applicant shall provide the City with a property appraisal acceptable to the City Attorney. 3. The City Council is agreeable to allowing encroachments of decks into the required setbacks, as provided for on a plan approved by City staff, 4. The Police Chief and Fire Chief shall comment on the accessibility of the project for emergency vehicles. 5. The proposed trail locations and applicant's responsibility in construction costs shall be subject to review and approval by the City Council. 6. The applicant shall submit a snow removal plan that shall be subject to the review and approval of City staff. 7. The applicant shall provide updated grading, drainage and utility plans to the City reflecting the revised concept/general plan. All final grading, drainage and utility plans shall be subject to the review and approval of the City Public Works Director and City Engineer and review of the Middle St. Croix watershed District. 8. The applicant shall provide updated landscape and tree preservation plans to reflect the revised site plan. The final landscape plan and tree preservation plans are subject to review and approval of the City Arborist. 9. The applicant shall provide a photometric plan for the project subject to City staff review and approval 10. The City Council is agreeable to the garage forward design and general architecture of the project. The siding materials should be steel, concrete masonry board, or an equivalent material approved by City Council. The applicant shall provide building materials samples for City Council review. 11. A development agreement shall be required subject to review and approval of the City Council and City Attorney. 12. The homeowners documents and declarations shall be provided to the City Attorney for his review and approval. 13. The concept/general plan shall be revised to comply with the setback provisions of the Wetland Ordinance, subject to review and approval of the City Engineer. 3 Approved by the City Council of the City of Oak Park Hei ts this 24 day of May 2005. ATT c A. 0 1 P on, City Administrator David Beaudet, Mayor Attachment A Washington County GEO Code: 04.29.20.22.0009 & 04.29.20.22.0010* Physical Address: *5769 Oakgreen Ave. N. & Outlots A & B Required Approvals: Planning Commission City Council ATTACHMENT B Comprehensive Plan Map Change & Zoning District Amendments Pine Grove Gardens -- 5769 Oakgreen Ave. N. Application Materials • 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) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: February 23, 2005 Public Hearings Conducted: March 10, 2005 & May 12, 2005. Com . P lan Am endment Rezoning 4/5 4/5 4/5 4/5