HomeMy WebLinkAbout2003-07-11 Fully Executed Developer's AgreementCITY OF OAK. PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this , 1 day of 2003,
by and between the City of Oak Park Heights, a municipal corporation under the liws of the State
of Minnesota (hereinafter the "City "), and Hom4Me Inc., a Minnesota Corporation (hereinafter
"Developer ").
WITNESSETH; That:
WHEREAS, the Developer have made application to the City Council for approval of a
Planned Unit Development and Conditional Use Permit affecting development of land within the
corporate limits of the City formerly described as follows:
OAKGREEN TOWNI-IOMES
See Attached Exhibit "A"
(the "Development "); and
WHEREAS, the original applicant was Renton Inc. who has transferred its interests in this
matter to the Developer; and,
WHEREAS, the City Council has on November 26, 2002, granted approval to the Planned
Unit Development and Conditional Use Permit, on the condition that the Developers enter into this
Agreement stipulating the conditions for the installation of private improvements as well as the
development of on -site improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements"
1. PLAN A IMPROVEMENTS: The Developer will construct at its own expense
the following improvements under Plan A as to land under which it is constructing
its project according to the following terms and conditions:
A. Developer shall do all site grading including building sites, common
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greenway and open spaces, storm water storage ponds, surface drainage
ways and all private driveways including sodding of boulevards, all in
accordance with the approved grading, drainage and site plan. A grading
plan with maximum two (2) foot contours, building elevations, drainage
provisions, erosion control provisions and cross sections, as necessary, shall
be submitted to and approved by the City prior to commencement of any site
grading. Any changes to the grading plan during construction shall be
submitted to the City for approval.
B. Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the Development in order to create the
best potential for preventing soil erosion. Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the
City prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
may be periodically required by the City shall be installed prior to
development when necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4, Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners.
D. Developer shall be responsible for maintaining the location of and protecting
curb stops, water services and sewer services. Any service or curb stop
damaged shall be repaired or replaced as specified by the City. Developer
shall make all necessary adjustments to the curb stops to bring them flush
with the topsoil (after grading) or driveway surface.
E. Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. All
commercial developments must submit a landscaping plan to the City for
approval prior to commencing construction. In no instance shall Developer
plant more than 50 percent of the same type of tree. A detailed landscape
plan shall be submitted to and require the approval by the City prior to
commencement of final grading and landscaping construction on each site to
be built upon.
F. Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the Development is
completed. Warning signs shall be placed when hazards develop in streets
to prevent the public from traveling on same and directing attention to
detours. If and when the street becomes impassible, such streets shall be
barricaded and closed. In the event commercial buildings are occupied prior
to completing streets, the Developer shall maintain a smooth driving surface
and adequate drainage on all temporary streets. Developer shall be
responsible for the removal of snow from all gravel streets. The repair of
any damage done to the streets or public utilities shall be the financial
responsibility of the Developer.
G. Developer shall furnish lights and site improvements in accordance with the
City's Design Guidelines and Zoning Ordinance.
Developer shall dedicate and survey all drainage and utility easements as
required by the City as shown on the final plat or replat as may be required.
Developer shall be responsible for stone sewer cleaning and holding pond
dredging, as required, by the City during the period of construction until
certification of completion of the project by the office of the City engineer.
I. Developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, regional and local jurisdictions
prior to the commencement of site grading or construction.
J. Drainage and utility easements. Drainage and utility easements shall be
provided within the plat as required by the City Engineer.
K. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan, which must receive the approval
of the City Planner.
L. Tree Protection and Clearing:
The Developer must have the City Arborist review and approve its
landscaping plan prior to the clearing operation being initiated. Tree
protection fencing shall be installed and maintained, if required by the
Arborist until after grading is complete. All fencing shall be installed at least
20 feet distant from the trunks of large shade trees (deciduous) and around
coniferous trees no closer than the drip line. Silt fencing may not be used as
a substitute for tree protection fencing. Fencing shall be orange in color with
steel posts at 6 -8 foot intervals.
M. Driveways /Garage Floors:
There shall be a minimum 18 -inch drop in elevation from the top of the
garage floor slab to the top of the curb on the lot as finished. There shall be a
maximum 10 percent grade on all driveways to be constructed.
2. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
(Developer )
1. Boulevard and swale sod
2. Landscaping
3. Street signs
4. Street lights
5. Grading
6. Driveway Entrance and Culvert
7. Erosion Control
8. Pond Protection & Restoration
9. Utility Protection & Repair
10. Street Protection & Repair
11. Sanitary Sewer
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: (Developer)
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
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$ 2,625.00
$ 8,934.00
$ 400.00
$ 2,500.00
$ 1,000.00
$ 4,000.00
$ 1,275.00
$ 1,500.00
$ 4,800.00
$ 2,000.00
$ 9,900.00
$38,934.00
$ 7,787.00
$46,721.00
SECURITY REQUIREMENT (25%)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
$11,680.00
$58,401.00
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. Subject to the provisions of paragraph 1 above, the Applicants
shall dedicate to the City, prior to approval of the final plat, at no cost to the
City drainage and utility easements. All such easements required by the City
shall be in writing, and in recordable form, containing such terms and
conditions as the City shall determine.
D. Faithful Performance of Construction Contracts. Developer will fully and
faithfully comply with all terms and conditions of any and all contracts
entered into by it for the installation and construction of all. Plan A
Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution hereof by Developer it will
furnish to, and at all times hereinafter maintain with the City, a cash deposit
or an Irrevocable Letter of Credit, based on one hundred and twenty -five
percent (125 %) of the total estimated cost of Plan A Improvements as
indicated in Section 2. An Irrevocable Letter of Credit shall be for the
exclusive use and benefit of the City of Oak Park Heights and shall state
thereon that the same is issued to assure performance by Developer of all the
terns and conditions of this Development Agreement and construction of all
required improvements in accordance with the ordinances and specifications
of the City. The City reserves the right to draw, in whole or in part, on any
portion of the Irrevocable Letter of Credit, or cash deposit under the terms
and conditions of this Agreement. The Cash Deposit or Irrevocable Letter of
Credit shall be renewed or replaced by not later than twenty (20) days prior
to its expiration with a like letter or deposit.
E. Reduction of Escrow Guarantee. The Developer may request reduction of
cash deposit or the Letter of Credit or cash deposit based on prepayment or
the value of the completed improvements at the time of the requested
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reduction. The amount of reduction will be determined by the City Engineer
and such recommendation will be submitted to the City Council for action.
Following any payment for a Plan A improvement which is within the
Engineer's estimate, the City may consider and allow a reduction of the Cash
deposit or Letter of Credit up to the rate of $1.25 for every dollar that has
been paid out of the escrow provided that the project is on schedule,
Developer is not in default under the terms of the Development Agreement
and/or no extraordinary expenses beyond the engineering estimate have been
incurred during the course of the project.
F. Ownership of Sanitary Sewer Improvements. The sanitary sewer
improvements as constructed shall become the property of the City of Oak
Park Heights. The Developer shall dedicate to the City prior to or within the
final plat at no cost to the City all permanent and temporary easements
necessary for the location of the sanitary sewer improvements as determined
by the City.
G. Sanitary Sewer Contract. All such construction contracts to construct the
sanitary sewer improvements shall provide for a guarantee of the
workmanship and materials for a period of one year following the
completion of construction of the sanitary sewer improvements. All such
contracts shall also conform to the ordinances and specifications of the City
in the construction of all improvements and shall be subject to the review
and approval of the City engineer.
H. Change Orders. No change order to the sanitary sewer improvement
contract expense shall be authorized or allowed by Developer without first
obtaining the consent of the City to the change.
I. Estimates. The above estimates are engineering projections only. Developer
shall be responsible for all actual expenses incurred in the securing and
installing of all Plan A improvements.
J. Incorporation by reference. The terms and conditions outlined in the
Letters of the City Engineer to the City relating to this project the same
being dated May 13 & 16, 2003 are hereby incorporated by reference and
made part hereof and shall be complied with by Developer.
4. Connection Charges. All connection charges and fees shall be paid by Developer.
The City Engineer shall compute the connection fee as prescribed by
ordinance /resolution as to this development and advise the City Clerk as to the
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appropriate fee to be collected. Connection fees for all lots and blocks are due and
payable upon execution of this agreement and are as follows:
5. GENERAL:
Sanitary Sewer $ 2,293.20
Waterworks $ 3,990.00
Storm Sewer $ 5,056.80
Total $11,340.00
A. Binding Effect. The terms and provisions hereof shall be binding upon and
inure to the benefit of the heirs, representatives, successors and assigns of
the parties hereto and shall be binding upon all future owners of all or any
part of the Development and shall be deemed covenants running with the
land. The Agreement, at the option of the City, shall be placed on record so
as to give notice hereof to subsequent purchasers and encumbrances of all or
any part of the Development and all recording fees, if any, shall be paid by
the Developer.
B. Incorporation of Reference. The detail and reports set forth in the file of the
City Planner (Northwest Associated Consultants, Inc. File No. 798.02 —
02.17) are incorporated by reference herein. The conditions imposed by
order of the City Council as part of the Planned Unit Development and
Conditional Use Permit are annexed hereto as Exhibit B and shall be
complied with by Developer.
C. The City of Oak Park Heights may file the Developer's Agreement of record
in the office of the County Recorder.
D. As to any and all administrative, legal or engineering costs which the
Developer is expected to pay to the City of Oak Park Heights, which costs
are to be offset against the cash escrows or Letters of Credit which the
Developer has filed and provided to the City of Oak Park Heights.
E. Establishment of Construction Schedules. Developer shall establish
construction schedules for Plan A improvements and shall consult with the
City Engineer prior to implementing same.
F. Easements. All public utility and drainage easements shall be depicted on
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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
the plat and dedicated to the City of Oak Park Heights.
G. Water Management Organizations. Developer shall secure approval from
all water management organizations affected by this development prior to
final approval.
H. Repair, replacement or future reconstruction of City utilities. Any
homeowner, occupant or Developer site improvements, structures, fixtures
or equipment encroaching onto the City easements or right of way shall not
be replaced or restored at the expense of the City in the event of future utility
work that necessitates their removal or relocation. Any and all such
placements of fixtures, equipment or personal property shall be at the
exclusive risk and responsibility of Developer and/or homeowners or the
Homeowners Association.
Oakgreen Townhomes Association. Developer shall provide proof of
organization and filing of corporate documents as required by law with the
City within 30 days of the execution of this agreement. Failure to do so may
result in suspended or withheld building permits and/or certificates of
occupancy. Developer shall also provide a fully executed copy and proof or
recording of the Declaration established under Minnesota Statutes 515B for
this property.
CITY 0
By
8
ARK HEIG
avid Beaudet
Mayor
E Johnson
ministrator
STATE OF MINNESOTA
COUNTY OF WASHINGTON
JULIE R. JOHNSON
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NOTARY PUBLIC - MINNESOTA
WASHINGTON COUNTY
My Comm. Expires Jan. 31, 2005
STATE OF MINNESOTA
00—k
COUNTY OF17
SS .
SS
By
Its
By
Its
TJom4Me, Inc.
and
On this 1 ' 4 , day of 17,1 v , 2003, before me David Beaudet and Eric Johnson,
to me personally known, being each ty me duly sworn did say that they are respectively the Mayor
and the City Administrator of the City of Oak Park Heights, the municipal corporation named in the
foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said municipal corporation
by authority of its City Council and said Mayor and Administrator acknowledging execution of
same, to be the free act and deed of said municipal corporation.
9
-4111, ON Alt
MERCI JOY VINCENT
NOTARY PUBLIC. - MINNESOTA
M Y COMMISSION
FXPIRES JAN. 31, 2007
On this a5 of Ju , 2003, before me appeared CAM‘ii
and known to me to be the re 5i cLut...71---
of Hom4Me, Inc.; respectively, and the same signed the foregoing
and
development agreement on behalf of Hom4Me, Inc. representing that they had full authority and
power on behalf of said entity to do so and affixed their signatures hereon as their free act and deed
on behalf of said entity.
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolf & Vierling, P.L.L.P
1835 Northwestern Avenue
Stillwater, MN 55082
( 439 -2878
10
Notary Public
EXHIBIT A
OAKGREEN TOWNHOMES
Legal description of Project Land
That part of the North Half of the Northeast Quarter (N /z of NE 1 /4) of Section Five
(5), Township Twenty-Nine (29) North, Range Twenty (20) West, described as follows:
Commencing at the Northeast corner of Section five (5), Township Twenty -nine (29)
North, Range Twenty (20) West, and running thence Westerly along the North line of said
Section Five (5), a distance of One- hundred fifty -seven (157,00) feet to a point; thence South
and perpendicular to said North line of Section Five (5), a distance of Three hundred eighteen
and five- tenths (318.50) feet to the point of beginning of the parcel being described; thence
continuing South along a southerly projection of said perpendicular line a distance of Two
hundred eleven and five - tenths (21130) feet; thence East and perpendicular to the last
described line and along a line hereinafter referred to as `Line A," to the East line of said
Section Five (5), the same being the centerline of the so- called Speed Bowl Road; thence
North along said East line of Section Five (5) a distance of Two hundred twelve (212) feet,
more or less, to its intersection with a line drawn parallel with said "Line A" from the point
of beginning; thence Westerly along said parallel line to the point of beginning.
11
EXHIBIT B
Conditional Use Permit
12
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
NOTICE OF CERTIFICATION
I, the undersigned, being duly qualified anctactin.g as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
2003.
Conditional Use Permit
For
Renton, Inns
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true and complete copy of said document within the files of the City of Oak Park Heights.
WITNE my hand and the seal of the City of Oak. Park Heights, this -16` day of April,
o lst
Acting City Adnvnistrator
014
Owner: Renton, Inc.
Address: P.O. Box 932
Hudson, WI 54016
General Description:
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
FOR
RENTON, INC.
Planners File No.: 798.09 -02.21 and 02.25 Date Issued: November 26, 2002
Legal Description: (Washington County Geo. Code 05-029-20-11-0002
SEE ATTACHED EXI-IIBIT "A"
Site Address: 5XXX Oakgreen Avenue North (please refer to legal description)
Present Zoning District: CBD
Permitted uses set forth in Ordinance 401 Section 401. 301
L CONDITIONAL USE PERMIT FOR:
All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the
City of Oak Park Heights.
The City of OA Park Heights has received a request from Renton Homes for a planned unit
development/conditional use permit, preliminary /final plat and site plan review for a nine unit townhome
project on Oakgreen Avenue North. The City Council has approved the request subject to the following
conditions:
II. ADDITIONAL RESTRICTIONS AND PROVISIONS.
The following additional restrictions and provisions being part of the Conditional Use Permit to be issued
herein affecting the following matters shall be:
The applicant shall provide the City with a preliminary and final plat in conformance with specifications
of Section 402 of the Oak Park Heights Subdivision Ordinance.
2. The building positioned in the southwest corner of the site should be shifted east to meet aminimum
five foot setback to comply with Fire Code.
3. The applicant shall pay a park dedication fee of $ 19,600.00 to the City prior to final plat approval.
4. The Planning Commission should review the building materials and colors to determine consistency
with the Design Guidelines. The applicant shall be required to provide building material samples for
review by the Planning Commission and City Council.
5. The Parks Commission, Planning Commission, and City Council should comment on the need at this
time for a sidewalk on the west side of Oakgreen Avenue.
6. The applicant shall submit a lighting plan consistent with Zoning Ordinance requirements for lighting.
Details of the light fixtures shall be provided by the applicant to assure full cut off.
7, The applicant shall provide a tree inventory subject to review and approval of the City Arborist. The
landscape plans shall be subject to review and approval of the City Arborist.
8. The interior dimensions of the garages shall be revised so that both parking stalls are at least 20 feet in
length. In addition, the guest parking stall in front of the individual units shall be revised so they are at
least 20 feet in length.
9. The applicant shall provide a snow removal plan subject to review and approval of the City 'staff.
10. The applicant shall provide drainage calculations for the proposed site. The drainage plans and any
additional required drainage easements shall be subject to review and approval of the City Engineer and
the applicable watershed authority.
11. A MnDOT stormwater permit shall be required as part of drainage approvals.
12. Utility plans shall be subject to review and approval of the City Engineer.
13. All monument signage shall be relocated onto the townhome common property subject to review and
approval of City staff.
14. A development contract between the applicant and the City will be required as part of the approvals
subject to City Attorney and City Council review and approval. Copies of the resolutions and covenants
and party wall/common area agreements shall be provided by the applicant subject to City Attorney
review and approval.
III. Reference Attachment:
The recommendations of the City Planner as adopted by the City Council dated September 5, 2002 and
October 4, 2002 along with the recommendations of the Tanning Commission of November 14, 2002 are
annexed hereto be reference.
IN WITNESS WHEREOF, the parties have seorth + - . an• and seals.
Date: - --
Date: _3
Date:
CITY i _► HEIGHTS
ITS
i/ AIL
40,'
By
David Beaudet
Mayor
By
L4P
Jud olst
Acting City Administrator
Renton Homes
By
Its te 51
EXHIBIT A
Washington County GEO Code: 05 029 - 20 - 11 - 0002
Legal Description:
PT NI /2 -NE1 /4 S5T29R20
DESC AS FOLL: CON AT NE CORN OF
SRC 5 T2 9R2 0W & 'RUN TAN WL "
ALG THE N LINE OF SD SEC 5 A
DIST 157FT TO A PT THN S
&PERPENDICULAR TO SD N LINE OF
SEC 5 A DIST 318.5 D FT TO THE •
PT OF BEG OF PARCEL BEING DESC
TEN CONTINU SO ALG A SL
PROJECTION OF SD PRRPE DI C
LINE A DIST 211.5 0 FT THN R &
PRRPRN- DTCTLAR TO LAST DESC
LINE & ALG A LINE HEREINAFTER
REFERR TO AS "LINE A" TO THE E
LINE OF SD SEC 5 THE SAS
BEING THE CA OF SO-CALLED
SPEED : ow ROAD THN N ALG SD E
LINE of SEC 5 DIST 212 FT M/L
TO ITS INTER SECT WITH A LINE
DRAWN PAR WITH SD "LINE A"
FROM THE PT CF BEG THNC WLY
ALG SD PAR LINE TO THE PT OF
BEG MIT TO R/W OF OAK GREEN
AVE N & SUBJ TO & TOG WITH ANY
OTHER VALID EASRM
RESERVATION'S OR RESTRICTIONS
OAK PARK HEIGHTS
MEMORANDUM
RE:
NOIVt ASSOCIATED .4.—INSULTANTS, 1Nt.
5775 Wayzata 13ou1evard, puit 555, St. Louis. Park, MN 55416
• Telephone: 952.505.8636- Facsimile: 952.595.9837 planners@haoplanning.com
TO: Kimberly Kamper
FROM Alan Brixius
DATE: October 4, 2002
Oak Park Heights — Planning Commission Information
City Council Actions on Select Planning Commission Items
FILE NO: 798.02 — 02.21 and 0128
At the September 24, 2002 City Council meeting, .the City Council discussed the Central
Businep§ District with the intentipn of . rying . to define :how residential uses may be
*integrated into the Central Bitsiness Distric area. Specifically, they talked about the
Renton townhome project and.whether it should proceed. Generally, the City Council
felt those portions of the City located north of the electrical transmission lines should be
reserved for commercial and raised concern as to how street access will be provided in
these areas.
In this respect, they felt that the Renton .townhome project may be premature on the
basis of its land use and uncertainty as to whether MnDOT will grant additional access
at Oakgreen, north of the power lines.
If you have any further questions regarding this item and the City Council discussion,
please contact me at your convenience.
Another item that was raised at the Council meeting were the McKean Square West
concept plan. At the Council meeting, VSSA indicated that they were submitting a
revised concept plan for the balance of the McKean Square property at the previous
Friday and that this would be reviewed by Planning Commission at their upcoming
meeting. To date, we have not received any application for PUD concept plan for this
portion of the property. As such, we are uncertain as of its status.
pc: Kris Danielson
ENCLOSURE 2
NOR1 ASSO.CIATID ASULTANTS, INC.
5776 Wayzata Boulevard, Suite 555, St, Louis Park, MN 55418
•...
Telephone: 952.595.9636 Facimile: 952.595.9837 plannera@nacplanning.com
PLANNING REPORT
TO: Kmberly Kamper
FROM: Jason LindahliScott Richards
DATE: September 5, 2002
RE:
FILE NO: 798.02 — 02.17
BACKGROUND
ENQLOSURE
Oak Park Heights — Renton Homes: Oak. Park Square. - Planned
Unit Development/Conditional Use Permit, Subdivision and •
Site Plan Review
Jeff Warren, representing Renton Homes, has requested a planned unit development/
.conditional use permit, preliminary/final plat and site plan/site plan review for a 9 unit
toWnhome project on Oakgreen Avenue North. The proposed building site is located on
the west site of Oakgreen Avenue south of Hall Family Chiropractic Clinic and east of
the Pond View Condominiums. The total property under control of the developer will be
approximately 0.83 acres and is undeveloped.
Zoning for the property is Central Business District and was included in the area of the
Central Business District Urban Design Study, As a result, the Central Business District
Design Guidelines apply to the proposed development.
In addition to the PUD approval and site plan review, the applicant also requests
preliminary/final plat approval to allow the individual units to be sold as townhomes with
commonly owned open space and drive aisles.
Attached for reference:
Exhibit A:
Exhibit 6:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Landscape Plan
Site Plan
Floor Plans
Building Elevations*
Surrounding Area Parcel Map
Proposed Lot Layout
Proposed Grading and Erosion Control
ISSUES ANALYSIS
Project Description. Each unit will have Iwo stories and include a two stall garage.
Access for the townhomes will •be from a private driveway with direct access to
Oakgreen Avenue. The applicant has utilized the Central Business District Design
Guidelines as a guide in developing the housing structures. The front of the buildings
will feature porches and the building materials include lap siding, cedar shakers, and
stone fireplaces..
Comprehensive Plan. The subject property is designated as CBD, .Central Business
District by the Oak Park Heights Comprehensive Plan. The purpose of the CBD
designation is to provide a focal paint for the community in terms of retail, service, and
entertainment businesses, as well as residential opportunities. As such, the proposed
townhome project is consistent with the Comprehensive Plan.
Zoning. Within the CBD Zoning District, two family, townhome, and multiple family
dwellings are a conditional use. The approval also requires a conditional use permit /
planned unit development (CUP/PUD) in that the project will have individual units sold
with jointly held common areas. An association will be established to maintain the
exterior of the buildings and the surrounding common property.
Density. The Zoning Ordinance requires 4,000 square feet of lot area per unit for
townhome projects. The loft area is based upon the total area in the, project as
controlled by the individual or under joint ownership. A nine unit project would require
36,000 square feet of lot area. The total property of the parcel including the Oakgreen
roadway easement is approximately 36,503 square feet or 0.83 of an acre.
Subdivision. Preliminary/final plat approval is required to subdivide the site. Alt
existing easements for Oakgreen Avenue and utilities must be identified on the plat.
The applicant has submitted a proposed lot layout. The preliminary/final plat is subject
to the review and approval of City staff.
Park Dedication. The property subdivision will also require park dedication. At this
time, the City does not have need for park land in this immediate area and therefore will
require a cash dedication. The development will have a density of just over ten units
per acre, thus requiring a cash dedication of 14 percent of the fair market value of the
land. Therefore, the park dedication fee for this property wilt be $'19,600. The
Subdivision Ordinance requires the dedication to be deposited by the developer with the
City prior to final plat approval.
• Central Business District Guidelines. In October of 1999, the City adopted a master
plan for the Central Business District in an effort to create a pedestrian friendly, mixed
use district. In order to guide implementation of the goals and policies of the plan,
specific design guidelines for the CBD were developed. The proposed development will
2
therefore be reviewed in regard to its consistency with such guidelines as referenced
below:
Precinct Designation. The subject area and the commercial property at t corner of
Highway 36 and Oakgreen Avenue were not placed in one of the specific precincts
identified in the Design Guidelines. The project will be reviewed under the residential
precinct guidelines.
Building Context and Character The Design Guidelines state that buildings within the
residential precinct should be characterized by pitched roof buildings, entry porches,
underground or tuck -under parking, and appropriately landscaped front yards. The
proposed plan is consistent with these guidelines.
Building Setb The Design Guidelines specify the following:
Front Yard: Minimum 5 feet / Maximum 15 feet
Side Yard: Minimum 0 feet /Maximum 5 feet
Rear Yard: Minimum 10 feet / Maximum 30 feet
The front yard (along Oakgreen Avenue North) would be consistent with the Design
Guidelines. The north and south property lines would also meet the side yard
standards. However, given that the site now has access along Oakgreen Avenue, the
plan does not meet the suggested rear yard setback of 10 feet. The current design
illustrates a three foot setback along the western property line for the southerly building.
This building should be shifted east to meet the minimum foe foot setback to comply
with the Fire Code.
Buiidinq Width., According to the Design Guidelines, buildings in the residential
precinct should be divided into increments of no more than 24 feet in width. Each of the
townhome units proposed range in width from 22 to 24 feet and feature an offset with
the adjoining unit.
BuildincLHeight. The CBD Zoning District establishes a maximum building height of 35
feet. The guidelines state that the building height should vary between two and three
stories. The proposed building is approximately 32 fleet and its highest point and has
two stories above ground.
Roof Design. The guidelines state that residential roofs should be pitched. The
project is in conformance with this provision.
Ground Level Expression and Entries According to the Design Guidelines, buildings
should have porches and balconies to identify the front entry and to create character to
the building. The buildings are designed with porches that face north on the northern
set of building and south on the southern set of buildings.
Building Materials. The Design Guidelines state that buildings should be constructed
of authentic materials such as wood, brick, stone, cast stone, stucco or pour- in-place
concrete.' Accent materials may include'metal, glass, block, copper flashing, or similar
materials. The buildings are to be constructed with steel lap siding, cedar shake
accents, stone fireplaces, and an asphalt' shingle roof. The Planning Commission
should review the building materials and colors to determine consistency with the
Design Guidelines. Of concern may be' the. u of steel siding as a predominant
building material_ The applicant will be required to present building material samples for
review by the Planning Commission and City Council.
W The. Design Guidelines state that sidewalks . in the residential precinct
should be a minimum . of six feet in width and that be placed along all pudic streets. The
Parks Commission, .Planning Commission, and City Council should .determine if a public
trail /sidewalk should b,e placed along Oakgreen Avenue at this time.
Lighting The Design Guidelines state that lighting should be designed to rethice glare
and be in scale with the surrounding buildings. Light fixtures located on walkways or
trailways should be at a pedestrian scale not more than 14 feet in height. For parking
lot lighting, fixtures must be in scale with their surroundings with cut off fixtures.
To date, the applicant has not submitted .a phot6metric plan. The applicant must
submit a lighting plan to be considered with the Design Guidelines and Zoning
ordinance provisions for lighting. The ordinance specifies that no light source which
cast light on a public street shall exceed one.foot candle meter reading at the centerline
of the street nor cast light on adjacent property not more than 0.4 fpot • candles as
measured at the property line. Additionally, details of the fixtures will need to be
provided to assure full cut off.
Landscaping., The Design Guidelines state that landscaping is strongly .encouraged
and that in the residential precincts, front yard landscaping is required and should have
a combination of trees, shrubs, ground covers, and turf.
The landscape plan indicates that existing trees will need to be removed and significant
additional plantings have been added adjacent to the buildings and on the yard adjacent
to Oakgreen Avenue. The City Arborist has indicated that a tree inventory will need to
be completed for the property. The final landscape plan is subject to review and
approval of the City Arborist.
Access/Streets. As designed, the development will have access from Oakgreen
Avenue North. From this access, the development will have a private common drive
leading td each individual unit. This drive lane is approximately 35 feet in width with
asphalt surfacing and cement curb and cutter. A MNDot access permit will required
before Planning Commission recommendations /pity Council approvals can be granted
for this development.
4
Parking. The Zoning Ordinance requires that all townhome units are provided with two
spaces per unit, both of which are in a covered garage structure. The building /site plan
indicates that each unit will have a two stall garage, although the garages are designed
at 21 feet in width and 18 feet long. The applicant has agreed to extend the length of
the garages to 20 feet. Additionally, there will be two guest parking spaces in front of
each garage door along with four common guest parking stalls. Staff recommends that
the parking spaces in front of each individual unit be redesigned to be 20 feet in width.
1 ' • y.
Snow. Removal. The applicants shalt provide provisions for snow removal on the site
due to the limited open area.
Grading and Drainage. The • applicants will be required to provide drainage
calculation for the proposed site. The property drains to the existing drainage pond
north and wet of the property. The pond has been adequately sized to accommodate
this devefapmen #. The drainage plans and the requirement for additional drainage
easements will be subject to review and approval of the City Engineer and applicable
watershed authority and will require a MNDOT storm water permit.
Utilities. Utility related issues and plans shall be subject to review and approval of the
City Engineer. Sewer and water utilities are in place through an easement that
traverses the subject property.
signage. The applicants have proposed two stone identification signs on either side
of the entrance • to the development from Oakgreen Avenue. The northern sign lies
Within what will become the . right --of -way • easement for ' Oakgreen Avenue.... This
monument must. be pulled off of the ea and onto the townhome �oninon
property.
Trash. All lownhome projects will be individually responsible for storage of trash
receptacles.
Conditional Use Criteria. Section 401.301.E. of the Zoning Ordinance specifies criteria
for review of conditional use permits for townhome projects. in the CBD District. The
criteria are as follows:
a. At lest two parking spaces per unit must be provided on site, or
proof is shown of arrangements for private parking nearby.
b. No physical improvements, either interior or exterior, may preclude
future re -use for commercial purposes.
c. Unit floor areas must comply with Section 401,15,0.6.
d. Compliance with conditianal use requirements of Section
401.03.A.8.
e. The development does not conflict with existing or potential future
commercial uses and activities.
f. The density standards imposed as part of the R-3 Zoning District .
are complied with.
5
g. Adequate open space•and recreational space is provided on site for
the benefit of the occupants.
h. The development does not conflict or result in incompatible land
use arrangements as . related to abutting residential uses or
commercial uses. •
L Residential use be governed by all applicable standards of the
Zoning Ordinance, Building Code, Housing Code, and Fire Codes.
j. Residential and non-residential uses shall not be contained on the
same floor.
k. Residential uses shall be provided with a separate entrance, and
separately identified parking stalls,
The Planning Commission should review the criteria and determine if the project
complies with the intent of the Zoning Ordinance. City staff does not recognize any
significant issues that would prevent approval of this project based upon the preceding
criteria. '
Development Agreement A development agreement between the applicant and the
City will be required as part of the approvals subject to the City Attorney and City
Council review and approval. Additionally, the City Attorney has requested copies of
the restrictions and covenants and party wall/common area agreements as part of the
project review and approval process.
CONCLUSION,/ RECOMMENDATION
•
.
Based upon the preceding review, the project proposed is consistent with the criteria
within the Zoning Ordinance and Central Business District Design . Guidelines. City staff
recommends approval of the concept/general planned unit deveiopmenticonditionai use
permit, subdivision and site plan review for Oak Park Square ,based upon the following
conditions:
1. The applicant shall provide the City with a preliminary and final plat in
conformance with specifications of Section 402 of the Oak . Park Heights
Subdivision Ordinance.
2. The building positioned in the southwest corner of the site should be shifted east
to meet a minimum five foot setbackito comply with Fire Code.
3, The applicant shall pay a park dedication fee of $19,600 to the City prior to final
plat approval.
4. The Planning Commission should review the building materials and colors to
determine consistency with the Design Guidelines. The applicant shall be
required to provide building material samples for review by the Planning
Commission and City.Council.
6
5. The Parks Commission, Planning Commission and City Council should comment
on the need at this time for a sidewalk on the west side of Oakgreen Avenue.
B. The applicant shall submit a lighting plan consistent with Zoning Ordinance
requirements for lighting. Details of the light fixtures shall be provided by the
applicant to assure full cut off.
7. The applicant shall provide a tree inventory subject to review and approval of the
City Arborist. The landscape plans steall be subject to review and approval of the
City Arborist.
8. A MNDOT access permit forOakgreen Avenue North shall be required before
Planning Commission recommendation and City Council approval of this project.
g. The interior dimensions of the garages shall be revised so that both parking stalls
are at least 20 feet in length. In addition, the guest parking stall in front of the
individual units shall be revised so they are at least 20 feet in length.
10. The applicant shall provide a snow removal plan subject to review and approval
of the City staff.
11. The applicant shall provide drainage calculations for the proposed site. The
drainage plans and any additional required drainage easements shat( be subject
to review and approval of the City engineer and the applicable watershed
authority. ..
12. A MNDOT storm water permit steall be required as part of drainage approvals.
13. Utility plans shall be subject to review and approval of the City Engineer.
14. Al( monument signage shall be relocated onto the townhome common property
subject to review and approval of City staff.
15. A development contract between the applicant and the City will be required as
part of the approvals subject to City Attorney and City Council review and
approval. Copies of the resolutions and covenants and party wall/common area
agreements shall be provided by the applicant subject to City Attorney review
and approval.
pc: Kris Danielson
Mari Vierling
7
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A RECOMMENDING RESOLUTION
OF lifE
PLANNENTG COMMISSION
CITY of OAK PARK HEIGHTS
WASBINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY RENTON HOMES FOR A PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT, PRELIMINARY/
FINAL PLAT AND SITE PLAN REVIEW FOR A NINE UNIT
TOWNIIOME PROJECT ON OAKGREEN AVENUE NORTH
SHOULD BE SENT TO THE CITY COUNCIL
WITHOUT A RECOMMENDATION
WHEREAS, the City of Oak Park Heights has received a request from Renton
Homes for a planned unit development/conditional use permit, preliminary /final plat and site
plan review for a nine unit townhorne project on Oakgreen Avenue North; and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights
makes the following findings of fact:
M. The real property affected by said application is legally described as
follows, to wit:
and
SEE ATTACHMENT TT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
3. The subject site is zoned CBD, Central Business District in which
residential townhon e projects are a listed conditional use; and
4. The applicant requests planned unit development /conditional use permit
approval in that the project will be individual units sold with jointly held common areas and a
private drive; and
reviewing the request; and
SEE ATTACHMENT B
5. The City staff prepared a memorandum dated September 5, 2002
6. The memorandum dated September 5, 2002 recommended that the request
be approved with conditions; and
7. The Planning Commission held a public hearing at their September 12,
2002 meeting, took comments from the applicant and public, and continued the hearing until the
Minnesota Department of Transportation cor inented on the access location on Oakgreen
Avenue; and
8. At their October 10, 2002 meeting, the Planning Commission continued
the public hearing to the November 14, 2002 meeting in. that the Minnesota Department of
Transportation had not yet commented on the access location on Oakgreen Avenue; and
9. The Minnesota Department of Transportation submitted a letter dated
November 5, 2002 indicating that the access location on Oakgreen Avenue was not under the
jurisdiction of the IV.nnesota Department of Transportation; and
10. At their November 14, 2002 meeting, the Planning Commission took
cannents from the applicant and public,. closed the public hearing and recommended that the
request be sent to the City Council without a recommendation
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COBS SION FOR ME CITY OF OAK PARK HEIGHTS TRAT THE P
COMMISSION RESOLVES THE FOLLOWING:
The application submitted by Renton. Homes for a planned unit development/conditional
use permit, preliminary /final plat and site plan review for a nine unit townhome project on
Oakgreen Avenue North and affecting the real property as follows:
Be and the same as hereby sent to the City Council of the City of Oak Park Heights with no
recommendation.
Acted upon by the Planning Commission of the City of Oak Park Heights this 14th day of
November 2002.
ATTEST:
SEE ATTACHMENT A
ing City Administrator
George Vo , Chair
2
ATTACHMENT "A"
N 1 /2 of NE % &S., T29N, R2OW-
PIN # 05.029,2011.0002
For:
Application Materials:
Required Approvals:
Site Plan Review/Design Guidelines Application Process
71/70A7 e7S,
Plans and drawings are to be submitted in accordance with the processing
requirements for amendments and conditional use permits. (401.03).
Submission materials shall include:
• Site Plan (Existing and Proposed)
• Planting Plan (Existing and Proposed)
• Architectural Plans and Elevations (Ali exposed sides with material
identification)
• Signage Plans
• Lighting Plans
• Any other plans as requested by City Staff, Planning Commission or City
Council
The Planning Commission shall review the submitted materials and make
recommendations on the site and building design elements subject to the
guidelines stated herein. The City Council shall make any final decisions on site
or building design.
(A-ri--/Q6iliq&-"7-r 11
May 16, 2003
Mr. Eric Johnson, City Administrator
City of Oak Park Heights
14168 Oak Park Blvd., P. 0. Box 2007
Oak Park Heights, MN 55082 -2007
Re: Oakgreen Townhomes
Hom4Me (formerly Renton Homes)
Revised /Updated Grading Plan Review
BRA File No. 55 -03 -000
Dear Eric:
EXHIBIT C
ENGINEERS MAY 26 2003
COMMENTS
We have reviewed the revised grading plan for the proposed Oakgreen Townhomes (formerly
Renton Homes) development as submitted by Emmons & Olivier Resources. This review
supplements our 5/13/03 revised concept plan review, and we have the following
comments /recommendations:
1. The revised grading plan proposes filling in the west edge of the site up to 4' and installing a
retaining wall in the middle portion of the site to account for the difference in elevation. This
will direct the majority of storm water runoff to the east to the existing westerly ditch of
Oakgreen Avenue N. Aside from some internal grading issues between proposed buildings that
have been discussed with EOR, the grading plan is acceptable (see Note 3 below).
2. The grading plan indicates grading in the ditch up to the existing driveway to the north of this
site, outside of this parcel. As such, the applicant will need to provide documentation of a
temporary construction easement from the property owner to the north.
3. A detailed erosion control plan and specifications need to be submitted for review and
approval prior to issuance of a grading permit.
If you have any questions or require additional information, please contact me at (651) 604-4815.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC
13
Dennis M. Pastier, P.E.
cc: Scott Richards, City Planner (NAC, Inc.)
Judy Hoist, Finance Director
Jay Johnson, Public Works Director
Jim Butler, Building Official
Mark Vierling, City Attorney
Kathy Widin, City Arborist
Mitch Johnson — Emmons & Olivier Resources, Inc.
DMP, File — Bonestroo
K:\55\0ld\Oakgreen Townhomes (Hom4Me) - Rev Grad Plan Review 5- 15- 03.doe