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Home My WebLink About2004-02-24 CC Meeting Packet EnclosureSee attachments from Scott Richards: ..t Oak Park Heights Request for Council fiction Meeting Date February 24th 2004 Agenda Item Title: S&C Bank Amended PUD/ Minor Subdivision Time Required: 3 minutes Agenda Placement: New Business originating Department Requester's Signatur Eric Johnson, City Administrator Action Requested: Consider an ±► r . pprove. ound Justification (P1e...;e indicate an revious action financial �ac�gr � any p implications including budget information and recommendations) . 1) Planning Report 2) Council Resolution 3) Planning Commission Resolution (approved 5-0) NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, suite 555, St. Louis Park, MN 55416 Telephone: 952.596.9636 Facsimile: 952.595.9837 planners @naoplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 5, 2004 RE: Oak Park Heights — S & C Bank Two Unit Condominium Minor Subdivision and PUD Amendment FILE NO: 798.02 — 0403 BACKGROUND Scott Johnson, representing S & C Bank, has made application to subdivide the existing bank building at 5795 Morning Dove Avenue North to allow for a two unit condominium. The bank would retain their existing space in the building and the second unit would be used for an insurance office. Both units would share the parking lot and remaining property in common. The subdivision can be done as a minor subdivision, as found under Section 402.01.G of the Subdivision Ordinance. An amended PUD is also required. S & C Bank was approved in December of 2001 as part of the Oak Park Station development. Of that overall development, only the S & C Bank lot has been given general plan approvals and is fully constructed. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Condominium Plat Building Interior Layout Memo From City Arborist Letter From city Attorney ISSUES ANALYSIS Project Information. Since their building was constructed, S & C Bank has been looking for a tenant for the second unit of the structure. An insurance company has expressed interest, but only if the building could be divided and they could purchase the office space. S & C Bank has drawn up the necessary condominium documents that have been reviewed by the City Attorney. Please find his letter as Exhibit 4. His requirements shall be added as conditions to approval of the project. The exterior of the building or site will not be altered as part of this process. A wall is now being constructed that will be surveyed to establish a plat line between the two properties. The office suite will have its own exterior entrance. Minor Subdivision. Once the property is surveyed, the plat can be approved as a minor subdivision. The plat will be subject to approval of the City Administrator and the City Attorney. PUD Amendment The project was approved in 2001 as a PUD. Any changes to the original approvals require a PUD amendment. The amendment will be processed as part of this request. Parking. The building was compliant with all parking requirements when constructed. The parking calculations were based upon a bank and office use. No additional parking will be required with this use. The parking and driveway area will be held as a common property for both units of the building. Four stalls, one of which is disability accessible, will be dedicated for use to the insurance office. Signage. The insurance office will be entitled to a sign at their entrance. Ail signage shall be subject to submittal of a sign permit and approved by the Building Official in compliance with the Zoning Ordinance. Signage for the insurance office will be added to the existing monument sign. Lighting. When constructed, the building and site was compliant with all site lighting requirements. No changes will be necessary. Landscaping. The City Arborist shall inspect the site in early June to determine the conditions of the existing landscaping. The applicant shall be required to replace any landscaping materials that are dead or diseased, subject to the approval of the City Arborist. RECOMMENDATION /CONCLUSION Based upon the preceding review, staff recommends that the minor subdivision and PUD amendment be approved with the following conditions: 2 1. The applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building and property subject to review and approval of the City Attorney. 2. The applicant supply a proper plat or mylars relative to the Common Interest Community #235 that they wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. The plat shall be subject to review and approval of the City Administrator and City Attorney. 3. The applicant has informed us that, notwithstanding the condominiumization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will have to be that the fee owner and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. The applicant shall provide a completed, fully executed copy of a Common Interest Community #235 declaration, in substantially the same form as provided to the City, as part of the final permitting, subject to approval of the City Attorney. That document will also have to be amended to reflect that all utility billings for the City of Oak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. 5. Any changes to the signage shall require submittal of a sign permit, subject to review and approval of the Building Official. 5. The landscaping shall be inspected by the City Arborist in June of 2004. Any trees or shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by the applicant with similar, healthy plant materials subject to review and approval of the City Arborist. 3 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 S & C BANK FOR A MINOR SUBDIVISION AMENDED AND PLANNED UNIT DEVELOPMENT TO CREATE A TWO UNIT CONDOMINIUM FOR 5795 MORNING DOVE AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium. for 5795 Morning Dove Avenue North; 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 and 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 B -3, Highway Business/Warehouse and was approved as part of a planned unit development for the Oak Park Station in December 2001; and 4. City staff prepared a planning report dated February 5, 2004 reviewing the request for the minor subdivision and amended planned unit development; and 5. Said report recommended approval. of the minor subdivision and amended planned unit development subject to the fulfillment of conditions; and 6. The City Attorney submitted a letter dated January 29, 2004 outlining conditions of approval for the project; and 7. The Planning Commission held a public hearing at their February 12, 2004 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 S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium for 5795 Morning Dove Avenue North, 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 applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building and property subject to review and approval of the City Attorney. 2. The applicant supply mylars relative to the Common Interest Community #235 that they wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. The plat shall be subject to review and approval of the City Administrator and City Attorney. 3 . The applicant has informed us that, notwithstanding the condominiumization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will have to be that the fee owner of Unit 100 and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. The applicant shall provide a completed, fully executed copy of a Common Interest Community #23 5 declaration, in substantially the same form as provided to the City, as part of the final permitting, subject to approval of the City Attorney. That document will also have to be amended to reflect that all utility billings for the City of Oak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. 2 5. An y changes to the signage shall require submittal of a sign permit, subject to review and approval of the Building Official. 6. The landscaping shall be inspected by the City Arborist .n June of 2004. Any trees or shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by the applicant with similar, healthy plant materials subject to review and approval of the City Arborist. Recommended by the Planning Commission of the City of Oak Park Heights this 1.2 day of February 2004. ATTEST: Eric A. Johnson, City Administrator John Dwyer, Chair 3 ATTACHMENT A Washington County GEO Code: O0- 029- -20 -13 -0011 Legal Description: Lot 1, Block 1, OAK PARK STATION, according to the recorded plat thereof, Washington County, Minnesota ATTACHMENT B Minor Subdivision & Planned Unit Development Amendment S C Bank — 5795 Morning Dove 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 (350'1150' from subject property) O Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: January 28, 2004. Planning Commission Public Hearing & Recommendation: February 12, 2004. Required Approvals: PU D Amendment City Council 4/5 Planned Uni Develo men Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY S & C BANK FOR A MINOR SUBDIVISION AND AMENDED PLANNED UNIT DEVELOPMENT TO CREATE A TWO UNIT CONDOMINIUM FOR 5795 MORNING DOVE AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium for 5795 Morning Dove Avenue North; 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: and and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 1, The real property affected by said application is legally described as 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 B -3, Highway Business /Warehouse and was approved as part of a planned unit development for the Oak Park Station in December 2001; and 4. City staff prepared a planning report dated February 5, 2004 reviewing the request for the minor subdivision and amended planned unit development; and 5, Said report recommended approval of the minor subdivision and amended planned unit development subject to the fulfillment of conditions; and 6. The City Attorney submitted a letter dated January 29, 2004 outlining conditions of approval for the project; and 7. The Planning Commission held a public hearing at their February 12, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS TI-IAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium for 5795 Morning Dove Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building and property subject to review and approval of the City Attorney. 2. The applicant supply mylars relative to the Common Interest Community #235 that they wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. The plat shall be subject to review and approval of the City Administrator and City Attorney. 3, The applicant has informed us that, notwithstanding the condonniniurnization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will have to be that the fee owner of Unit 100 and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. The applicant shall provide a completed, fully executed copy of a Common Interest Community #235 declaration, in substantially the same form as provided to the City, as part of the final permitting, subject to approval of the City Attorney. That document will s s ti rr that utility billings the of Oak Park Heights 1 also have to be amended to reflect that all utility #fillings for the City oz teak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. 2 5. Any changes to the signage shall require submittal of a sign permit, subject to review and approval of the Building Official. 6. The landscaping shall be inspected by the City Arborist in June of 2004. Any trees or shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by the applicant with similar, healthy plant materials subject to review and approval of the City Arborist. 2004. ATTEST: Approved by the City Council of the City of Oak Park Heights this 24th day of February Eric A. Johnson, City Administrator David B e audet,Mayor 3 ATTACHMENT A Washington County GEO Code: 06- 029 -20 -13 -0011 Legal Description: Lot 1, Block 1, OAK PARK STATION, according to the recorded plat thereof, Washington County, Minnesota Required Approvals: City Council ATTACHMENT B 4/5 Minor Subdivision & Planned Unit Development Amendment S & c Bank 5795 Morning Dove 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 (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: January 28, 2004. Planning Commission Public Hearing & Recommendation: February 12, 2004. PUD Amendment Planned Unit Develo merit Perm it - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)