HomeMy WebLinkAbout2014-07-22 CC Meeting Packet p c 3601 Thurston Avenue N,Suite 100
Anoka, MN 55303
Phone:763.231.5840
Facsimile: 763.427.0520
TPC@Planni ngCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: July 16, 2014
RE: Oak Park Heights—Palmer Station—Planning Commission
Quorum
TPC FILE: 236.02— 14.02
As you are aware, the Planning Commission held the continued public hearing for the
consideration of the Palmer Station at its July 10, 2014 meeting. The meeting was
opened with a quorum with three of five members present. The Planning Commission
Bylaws Indicate the following related to quorum:
Article 8—Meeting Procedures
B, Quorum. A majority of the voting membership (three-fifths (3/5)) shall
constitute a quorum for meeting purposes.
One of the commission members, Dan Thurmes is the surveyor of the property and has
been retained by the Palmer Station developers. At the beginning of the meeting, Mr.
Thurmes indicated his conflict of interest and stepped down from the table but stated
that he would vote"abstain"at the time of voting.
During the public hearing and consideration of the requests for rezoning, planned unit
development/conditional use permit and preliminary and final plat for the Palmer
property, Mr. Thurmes left the meeting and did not return for the vote. As a result, the
Planning Commission did not have a quorum of the members. A vote was taken with
only two members present in favor of the requests.
Since the meeting, 1 have consulted with Mark Melling, City Attorney and we agree that
in order for the vote to be valid, a quorum of the members needed to be present. The
State Statute and the Zoning Ordinance contain language that indicates that the City
Council cannot act on a matter until they have received a recommendation from the
Planning Commission.
Page 106 of 128
I would recommend that we hold a special meeting of the Planning Commission prior to
the July 22, 2014 City Council meeting, if a quorum of the members can be present. If
so, a vote can be taken on the applications and the Planning Commission
recommendation can be valid. The City Council could then act on this recommendation
at their July 22, 2014 meeting as originally planned.
2
Page 107 of 128
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 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 SHOULD 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 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
Page 108 of 128
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 and
July 10,2014 meetings,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 1
PLANNING COMIVIISSION RECOMMENDS 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 recommended to the City Council of the City of Oak Park Heights
for approval 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.
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.
2
Page 109 of 128
7. The Planning Commission recommends that a 10 foot easement on the west side
of the Palmer property shall 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 shall determine if there will be any cost sharing
by the City for the storm water pipe installation
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 Planning Commission 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.
17. The Planning Commission recommends 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.
3
Page 110 of 128
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.
Recommended by the Planning Commission of the City of Oak Park Heights this 10th
day of July,2014.
Jim Kremer,Chair
ATTEST:
Eric A.Johnson,City Administrator
4
Page 111 of 128
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 Q uarter;
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 344 of NW 14) 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 3 of NW 14) Section Four (4); thence South along said West of
Southwest Quarter of the Northwest Quarter (SW 34 of NW 34)One hundred (100) feet;
thence East and parallel with the North line of the said Southwest Quarter of the
Northwest Quarter (SW 14 of NW 34) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW 34 of
NW 3/) Section Four (4), One hundred (100)feet; thence West and parallel with said North
line of Southwest Quarter of the Northwest Quarter (SW 144 of NW 34) 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: Page 112 of 128
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)4 of NW 1A) 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 34 of NW y) 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 34 of NW 14) to the West line thereof;
thence North along the West line 100 feet to the beginning.
Page 113 of 128
ATTACHMENT B
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)
Page 114 of 128
RESOLUTION NO.
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
Page 115 of 128
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 Rule 12,201.4 and
July 10,2014 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 CTTY 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.
1 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
Page 116 of 128
5. Drainage and utility easements along the mad/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 shall determine if there will be any cost sharing
by the City for the storm water pipe installation.
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
Page 117 of 128
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.
Mary McComber,Mayor
ATTEST:
Eric A.Johnson,City Administrator
4
Page 118 of 128
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2014- -
AN ORDINANCE AMENDING SECTION 401.20.B, MAP OF THE ZONING
ORDINANCE TO REZONE 5625 OAKGREEN AVENUE NORTH FROM 0-
OPEN SPACE CONSERVATION DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. The City Council of the City of Oak Park Heights has considered a
request to rezone a property parcel at 5625 Oakgreen Avenue North, legally
described in Exhibit 1, and makes the following findings and conclusions:
1. The proposed rezoning would facilitate development of the property
for thirteen single family residential lots.
2. The City's Comprehensive Plan designates the property as low
density residential, and the proposed rezoning is consistent with the
official Comprehensive Plan.
3. The proposed development would complete the planned single
family neighborhoods along Oakgreen Avenue North and
complement the existing residential neighborhoods.
4. Existing City services are sufficient to accommodate the proposed
development.
5. The traffic generated by the proposed development is within the
capabilities of the streets serving the area provided that the
conditions applicable to the approvals are followed.
6. The Planning Commission, after holding a public hearing,
recommended approval of the rezoning at their July 10, 2014
meeting.
SECTION 2: That Section 401.20.8 Map of the Zoning Ordinance, City of Oak
Park Heights, Minnesota, is hereby amended to include the following:
The following property shall be rezoned from 0-Open Space Conservation
to R-1 Single Family Residential District:
5625 Oakgreen Avenue North, legally described in Exhibit 1
Page 119 of 128
SECTION 3. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 22nd day of July, 2014 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 120 of 128
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