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HomeMy WebLinkAbout2014-07-22 CC Resolution 14-07-37 RESOLUTION NO. 14-07-37 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 FOR A REZONING, PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT, AND PRELIMINARY/FINAL PLAT FOR A THIRTEEN LOT SUBDIVISION OF THE PALMER PROPERTY AT 5625 OAKGREEN AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request for a Rezoning, Planned Unit Development/Conditional Use Permit, and Preliminary/Final Plat for a thirteen lot subdivision of the Palmer Property at 5625 Oakgreen Avenue North and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the request with conditions. The City Council of the City 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 and 3. The property has been designated as low density residential in the 2008 Comprehensive Plan; and 4. The request is to rezone the property from 0-Open Space Conservation District to R-1 Single Family Residential District which is consistent with the Comprehensive Plan; and 5. The Applicant has proposed a Planned Unit Development/Conditional Use Permit to allow reductions in lot widths, street right of way and cul-de-sac widths, street widths,building setbacks and wetland buffering width averaging; and 6. The Applicant has provided a Preliminary and Final Plat labeled as Palmer Station that includes 13 single family lots, and 7. City staff prepared a planning reports dated June 5, 2014 and July 3, 2014 reviewing the request; and 8. Said reports recommended approval of the Rezoning, Planned Unit Development/Conditional Use Permit, and Preliminary/Final Plat subject to the fulfillment of conditions; and 9. The Planning Commission held public hearings at their June 12, 2014, July 10, 2014, and July 22, 2014 meetings,took comments from the applicants and public, closed the public hearing, and recommended the request 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 for a request for a Rezoning, Planned Unit Development/Conditional Use Permit, and Preliminary/Final Plat for a thirteen lot subdivision of the Palmer Property at 5625 Oakgreen Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The preliminary and final plat, as well as the dedication of easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The Applicant shall pay a park dedication fee of 10 percent of the fair market value of the land payable as specified in the Development Agreement. 3. An easement with the City of Oak Park Heights shall be required to provide access to Oak Park Boulevard. 4. An easement with the City of Oak Park Heights shall be required for placement of the entrance monument sign. 2 5. Drainage and utility easements along the road/cul-de-sac right of way shall be increased to 15 feet to compensate for the proposed road right of way width and radius. 6. The Fire Chief, Police Chief and City Engineer shall comment on the proposed street dimensions and adequacy for emergency vehicle access. 7. The Applicant shall provide a 10 foot easement on the west side of the Palmer property to be retained by the City for future sidewalk/trail development subject to review and approval of the City Engineer. 8. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. There shall be no reduction allowed for the required tree replacement. 9. The proposed wetland buffer impact/mitigation plan is subject to review and approval of the City Engineer. 10. The street construction plans shall be subject to review and approval of the City Engineer. 11. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. The City Engineer shall require the installation of a storm water pipe between 5519 and 5523 Oakgreen Place North to address the 100 year storm events. The City Engineer and Project Engineer shall continue to resolve any issues with storm water drainage on the south property line. The City Council determined that the Applicant shall pay 100 percent of all project costs for the storm sewer improvements. 12. All utility plans shall be subject to review and approval of the City Engineer. 13. The Applicant shall be responsible for capping the well and removal of the septic systems, cistern and oil tank in compliance with Washington County and if applicable, Minnesota Pollution Control Agency standards. 14. The City will not maintain the landscaping and monument entrance sign; that will be the responsibility of the home owners. The City will specify the provisions related to the easement and maintenance in the Development Agreement. 15. The City Council was favorable to the proposed final building appearance, colors, materials and the variety of the house plans as part of the PUD/CUP review. 16. For emergency vehicle access purposes, parking will be allowed on one side of the street only, and no parking be allowed within the cul-de-sac. 3 17. The City Council agrees to the request to reduce the allowable setback on the garage side of the home to a minimum of 5 feet. The setback to the dwelling portion of the home would remain at 10 feet. A garage to garage setback would be required to be 15 feet. 18. The applicant shall be required to enter into a development agreement. The development agreement shall secure site improvements, protection of neighboring properties, and municipal infrastructure. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Approved by the City Council of the City of Oak Park Heights this 22nd day of July, 2014. M. M ombe ,Mayor ATTEST: ir•'A. J w 1■ City Administrator 4 Attachment A Washington County GEO Code: 04.029.20.23.0063 Physical Address: 5625 Oakgreen Ave. N. Legal Description: All that part of the Southwest Quarter of the Northwest Quarter of Section 4 in Township 29 North of Range 20 West of the Fourth Meridian, described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter; running thence south along the west line thereof 897.2 feet; running thence East and parallel with the North line thereof 485.52 feet to a point; running thence North and parallel with the west line thereof 897.2 feet to the north line thereof; running thence West along the north line thereof 485.52 feet to the point of Beginning. EXCEPT FOR: That property previously convened to Quentin W. Nordeen and Evelyn E. Nordeen by warranty deed dated April 7, 1959, recorded April 7, 1959 in Book 219 of Deeds, page 275 which is more particularly described as follow: All of that part of the Southwest quarter (SW1/4) of the Northwest quarter (NW 1/4)of Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West, Washington County, Minnesota, described as follows: Beginning at a point on the West line of the Southwest Quarter of the Northwest Quarter (SW ' of NW ''A) of Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths (797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the Northwest Quarter (SW 'A of NW %) Section Four (4); thence South along said West of Southwest Quarter of the Northwest Quarter (SW 'A of NW %)One hundred (100) feet; thence East and parallel with the North line of the said Southwest Quarter of the Northwest Quarter (SW 'A of NW 'A) One hundred eight-three (183) feet; thence North and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW ''A of NW ' ) Section Four (4), One hundred (100) feet; thence West and parallel with said North line of Southwest Quarter of the Northwest Quarter (SW 'A of NW ''A) of Section Four (4), One hundred eighty-three (183) feet to the point of beginning. and EXCEPT that property previously conveyed Jordyce M.Johnson, dated May 10, 1963 in Book 262 of Deeds, page 346; AND to Simon O.Johnson 1963, recorded October 14, 1963 in Book 262 of Deeds, Page 346 which is more particularly described as follows: The North One hundred fifty-three (153.0) feet of the West Four hundred eighty-five and fifty-two hundredths (485.52) feet of the Southwest Quarter of the Northwest Quarter (SW ' of NW 'A) of Section Four (4), Township Twenty-nine (29) north, Range Twenty (20) West, according to the United States Government Survey thereof and EXCEPT that property previously conveyed to Allan T. Palmer and Georgann E. Palmer by warranty deed dated April 20, 1972, recorded April 21, 1972 in Book 316 of Deeds, page 161 which is more particularly described as follows: That part of the Southwest Quarter of the Northwest Quarter (SW % of NW 'A) of Section 4, Township 29 N, Range 20 W, described as follows: Beginning at a point on the West line thereof 135 feet South of the Northwest corner; thence East parallel with the North line 485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No. 70; thence South along said West line of Registered Land Survey 100 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter (SW ''A of NW 'A) to the West line thereof; thence North along the West line 100 feet to the beginning. ATTACHMENT B b X. Planned Unit Development (PUD): Concept& General Plan Approval, Conditional Use Permit, Rezoning And Preliminary & Final Plat Approval For 13 Lot Subdivision — Palmer Property 5625 Oakgreen Ave. N. Application Materials • Application & 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) Planning Commission Public Hearing & Recommendation: June 12 & July 10, 2014 PUD: General - Limitation on Final Plan Approval: Within one year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph may, at the discretion of the City Council, be extended for not more than one year by ordinance or resolution duly adopted. (401.06.E.5) Conditional Use 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)