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HomeMy WebLinkAbout2014-401-06 Rezoning of 5625 Oakgreen Ave. N. O to R-1 (07-22-2014) CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2014- 4 01 - o h 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.B 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 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 a Vii/ /VG Ma, • om• -r, Mayor ATT .TI E '•9;.rJ• I son, City Administrator 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 'A 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 % of NW %) Section Four (4); thence South along said West of Southwest Quarter of the Northwest Quarter (SW % of NW %)One hundred (100) feet; thence East and parallel with the North line of the said Southwest Quarter of the Northwest Quarter (SW % 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 Y4 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 % of NW %) to the West line thereof; thence North along the West line 100 feet to the beginning. 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)