HomeMy WebLinkAbout2015-06-23 CC Packet Enclosure Re Timeline Extension 4.0.
Oak Park Heights
Request for Council Action
Meeting Date June 23`1,2015
Time Required: 5 Minutes
Agenda Item Title: Consider Timeli = 'x : 'n-Palmer Station Development
Agenda Placement New Busi •ss
Originating Department/Re• •-stor " i ohnson Ci Admi • •r
Requester's Signature j
1
Action Requested Consid. . : Approve Timeline Extension Resolution.
Background/Justification Ci,-ase indicate if any previous action has been taken or if other public
bodies have advised):
In July 2014,the City Council approved the Palmer Station Subdivision Plan and Development—allowing for 13
single family homes via Resolution 14-07-37.As we know,this plan has not begun construction and it would appear
unlikely this year. In practice,these approvals are valid for one-year and in this case such City approvals would
cease to be effective on July 22"d,2015.
The City has received a written request from the now owner of the property Creative Home Construction
Investments LLC.to extend the approvals through June 1st, 2015 along with various interim timeline requirements
to complete the Developer's Agreement and engineering parameters.
Recommendation:
Please recall the site itself has a planned use of Low Density Residential as outlined in the City's 10—year
comprehensive plan(see attached section—Planning District 3)and to date Staff is not aware of planned deviation
or thought to reconsider this land-use. Considering this the extension,the enclosed proposed resolution extends the
timelines through June 1',2016 but also requires that the Developer's Agreement be fully executed and funded by
12/31/15.
Page 35 of 72
RESOLUTION
CITY OF OAK PARK HEIGHTS-WASHINGTON COUNTY MINNESOTA
A RESOLUTION EXTENDING A COUNCIL APPROVALS AS ISSUED—PALMER STATION
Whereas on July 22,2014 the City Council approved,via the adoption of City Council Resolution 14-07-
37 the Palmer Station application which proposed the development a 13-unit single family home design,
and;
Whereas the City's Comprehensive Plan for the site guides the use for Low Density development,and;
Whereas the Developer/Applicant, Creative Home Construction Investments LLC, is reporting that it is
not able to move forward with the development in 2015,and;
Whereas the planned development, known as Palmer Station has now been acquired by Creative Home
Construction Investments LLC on June 19th,2015,and;
Whereas the Developer has sought an extension to the timeline for their approvals and the submission of
final plat documentation,Developer's Agreement execution and related performances.
NOW THEREFORE BE IT RESOLVED that the City Council for the City of Oak Park Heights does
agree to extend the July 22"d 2014 performance date for final platting, Developer's Agreement execution
and related performances thru June 15',2016 conditioned upon:
I. That the Developer shall complete and execute the Development Agreement as prepared and
approved by the City Attorney not later than December 315`, 2015 and shall provide any and all
securities as required thereby.
BE IT FURTHER RESOLVED that the timeline extension is the only element being altered, no other
requirement or condition or City Ordinance, Resolutions approving the project or City Policy are being
waived, altered or changed with this Resolution.
Passed by the City Council of the City of Oak Park Heights this day of 2015.
Mary McComber,Mayor
Attest:
Eric Johnson,City Administrator
Page 36 of 72
Linske CIar_�
C0N u AE
•
June 19,2015
Oak Park Heights City Council
14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
Dear Mayor and Council:
I am writing this letter on behalf of Creative Home Construction Investments, LLC. On July 22,2014,by way of reso-
lution number 14-07-37,you approved the proposed plat of Palmer Station. Thereafter;you approved the developer
agreement last Fall. If you recall,we had some concerns about a provision in the developer agreement that required the
developer to install a drainage pipe through an adjoining neighborhood. In March of 2015,we came before you to re-
quest the city share in the cost of such pipe. Ultimately you denied our request and we had to prepare to move forward
with that cost in the project. Such preparation concluded in April but with the recovery of the housing market, Creative
Home Construction was well on its way in other neighborhoods it had committed to,resulting in difficult timing to
staff another project this calendar year. As of today,Friday June 19th,2015, Creative Home Construction Investments,
LLC has completed its purchase of the Palmer property. With the purchase they now have spent in excess of
$625,000 on this project. They are obviously excited and fully committed to constructing the Palmer Station Plat.
Your resolution of plat approval expires July 22,2015. Due to the fact that Creative Homes has already staffed other
projects that are already in the ground,they would prefer to start construction of Palmer Station by June 1 of next year.
Therefore;we respectfully request that you grant an extension of approval to that date. Accordingly, Creative Home
Construction Investments, LLC will execute the Developers Agreement by December 31,2015 and fund the attached
Oak Park Heights Engineering Deposit Agreement in order to allow the city engineers to proceed with engineering
plans and construction bidding of the project. By May 1,2016, Creative Construction Investments, LLC will post the
remaining balance of the required surety for the project and break ground prior to June 1,2016.
We greatly appreciate your consideration and look forward to building another quality neighborhood in Oak Park
Heights.
Sincerely,
Mick Lynskey
CoN'TACT.MICK LYNSKEY
651.439.1412 • FAX 651.439.8071
PO BOX 36 • 118 S.MAIN ST. • STILLWATER,MINNESOTA 55082
LYNSKEYCLARK COM
Page 37 of 72
CITY OF OAK PARK HEIGHTS
DEPOSIT AGREEMENT
THIS AGREEMENT is made and entered into on the day of ,2014,by
Nick Hackworthy,Creative Homes,Inc.,("Applicant")for the benefit of the City of Oak Park
Heights,a Minnesota Municipal corporation("City").
WHEREAS,Applicant has applied to City for the following approval(s)or action(s)
a. Subdivision Approval
b. Zoning District Amendment
c. Conditional Use Permit
d.
e.
(the"Requested Approval");and,
WHEREAS,in conjunction with City's review of the Requested Approval,Applicant has
requested the City to authorize its City Engineer to prepare plans and specifications for
infrastructure improvements that will serve Applicants Development and the City may incur
costs, including administrative,engineering,and other consulting costs, for which City requires a
guaranty that such costs will be paid by Applicant;and
WHEREAS,Applicant acknowledges the receipt of a benefit from City's review of the
Requested Approval and from City's Review Costs;
NOW,THEREFORE,Applicant agrees as follows for the benefit of the City:
1. Deposit. Applicant has made the following deposits required for the Requested Approvals
consistent with Resolution(all such deposits hereafter collectively referred to as the
"Deposit Funds"):
Requested Approval Amount
a.Engineering Services:Plans and Specifications a. $28,351.00
2. Use of Deposit Funds. City may,at any time,draw upon the Deposit Funds to pay
Engineering Fees and Review Costs for the Requested Services.
3. Conditions of Deposit. The following conditions shall apply to the Deposit Funds:
Page 38 of 72
II
a. Payment shall be made to City consultants, including but not limited to,engineering,
legal and planning, in the amounts actually billed,according to the customary consulting
rates in effect at that time. Such consulting services or costs shall reasonably and
necessarily relate to the subject matter of the Requested Approval,as determined by
City in its sole discretion.
b. City shall not be responsible for paying any interest on the Deposit Funds.
c. If in the discretion of City,there is deemed to be an inadequate balance in Applicant's
deposit account to pay for all the Review Costs incurred or to be incurred by City,City
will notify Applicant of the need for additional Deposit Funds. Applicant agrees to
make such additional deposits within ten(10)days of mailing of such notice.
d. No Requested Approval will be acted upon or processed by any City personnel until all
Deposit Funds due at the time of original submission,or which thereafter become due
pursuant to subparagraph 3.d.,have been paid in full.
4. Positive Balances in Account. In the event there is a positive balance in the deposit account
and there is(a)completion of the development process,either in the form of all Certificates
of Occupancy being issued for the project or final denial of the Requested Approvals,or(b)
an application is withdrawn, in writing, by Applicant,then the balance shall be paid to
Applicant within thirty(30)days of receipt by City of a written request by Applicant for
payment.
5. Accounting. Upon Request by Applicant,City will provide an accounting of all expenses
charged against the account,but in no event more often than once every month. An
accounting will be provided when City notifies Applicant of a requirement for additional
deposits and when the account is closed.
6. Application Fees. Applicant understands and agrees that the Review Costs and Deposit
Funds are in addition to,and not in lieu of, City application and development fees.
7. Breach. In the event of breach of any terms of this Agreement by applicant,City may, at its
option,cease processing any Requested Approval which has been submitted by Applicant to
cease any further development or work on any project to which the Requested Approval
relates. Applicant shall be responsible for all costs and expenses, including attorney's and
expert's fees and costs, incurred by City to enforce this Agreement or to collect any monies
due to City from Applicant pursuant to this Agreement.
8. Validity. If any portion,section, subsection, sentence,clause,paragraph or phrase of this
Agreement is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Agreement.
2
Page 39 of 72
9. Amendments. No amendment or change of any kind to this Agreement shall be valid unless
made in writing and with the consent of the City.
10. Binding Agreement. Applicant recognizes and agrees that all terms and conditions of this
Agreement shall be binding upon the heirs,successors,administrators,and assigns of
Applicant.
IN WITNESS WHEREOF,the Applicant has caused these presents to be executed as of the
day and year aforesaid.
APPLICANT-Creative Homes,Inc
By:
Name:Nick Hackworthy
Its : President
Notification Contact Name and Address:
Creative Homes
707 Commerce Drive
Woodbury,MN
Ph#651-289-6800
STATE OF MINNESOTA )
)ss•
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of ,2014,
by Nick Hackworthy,the President of Creative Homes, a Minnesota corporation on behalf of
the corporation.
Notary Public
ICI
3
Page 40 of 72
NEIGHBORHOOD PLANNING DISTRICTS
PLANNING DISTRICT 3
Planning District 3 consists of the area south of Highway 36 between Oakgreen and
Osgood Avenues. The area is characterized by the commercial areas along Highway
36 and the single family neighborhoods to the south. The potential for commercial
redevelopment exists along Highway 36, especially in the areas east of Osgood
Avenue. While some recent investment has been made in commercial development in
this area, more is needed to improve the appearance, accessibility, safety, and signage
of the commercial strip. The City should pursue commercial redevelopment plans for
the area in cooperation with land and business owners.
The former St. Croix Mall now functions as office space for Andersen Corporation with
limited retail. The City has seen this as a positive reuse of the large retail facility that
ten years ago was a declining shopping mall. The City will continue to work with
Andersen Corporation to assure this site can continue in the long term as an office and
employment center for the City.
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Comprehensive Plan 2008
City of Oak Park Heights Page 165
iy
Page 41 of 72
NEIGHBORHOOD PLANNING DISTRICTS
There is limited potential for residential development in Planning District 3. An area
east of Oldfield Avenue, between 60th Street and the City-owned property to the south,
holds potential for single family development. The area east of Oldfield Avenue is
currently zoned R-3, Multiple Family Residential. A rezoning of this area to R-1, Single
Family Residential is seen as appropriate. The area has been designated as such on
the Proposed Land Use Map. Another area, east of Oakgreen Avenue and south of
Oak Park Boulevard, is of sufficient size to support single family development. This
area has also been designated as such on the Proposed Land Use Map.
As indicated previously in the plan, the City is currently studying options for a City Hall,
Public Works and Police facility. It is likely the City may remodel the existing buildings
or construct a new facility on the same property at 14168 Oak Park Boulevard. A
decision on the public facilities will likely be made in 2008. In 2007, the City purchased
approximately three acres adjacent to Brekke Park. The site, 5502 Osgood Avenue,
includes a single family house and an extensive wooded area. The property could
provide trail links between Brekke Park and neighborhoodsNalley View Park to the
east. The update of the Parks and Trails Plan, to be completed in 2008, will provide the
process and planning for the use of this property as part of the park system.
To the south of Brekke Park is land owned by the State of Minnesota and under the
control of the Department of Natural Resources. It is currently within Baytown
Township. The Future Annexation Plan Map in the plan identifies this approximately
200 acre parcel for eventual annexation. The City would maintain this property as open
space and for trails and other passive recreation.
Other than the potential impacts of the Highway 36 reconstruction, especially as it
relates to the intersections at Osgood and Oakgreen Avenues, there are few changes
expected to the roadway system in Planning District 3. The upgrade to Oakgreen
Avenue would likely need to precede the Highway 36 street improvements by Mn/DOT.
This would be a City project that would bring the roadway to an urban type roadway.
Upgrades to Osgood Avenue had also been planned by Washington County in the past,
but are not included in current capital improvement programs of the County. The City
will continue to work with the County on upgrades to Osgood and on trail construction
along this roadway. With the purchase of 5502 Osgood Avenue and the potential for
east/west trail connections, the City is also considering the placement of an at-grade
crossing at Osgood now but plan for a tunnel at a future date.
Planning District 3 was developed at a time when sidewalk and trail construction was
not a priority. The City will continue to work on connections throughout this area and
especially completing the east/west system throughout the City.
„" '" Comprehensive Plan 2008
City of Oak Park Heights Page 166
Page 42 of 72
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 AYI'ACHMENT 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 43 of 72
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
Page 44 of 72
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 sidewalkJtrail 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
he 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 45 of 72
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.
Ma M umber, Mayor
/7/
ATTEST:/ ;,'
i✓
7 F/ i
. A. J c t 4"! ity Administrator
4
Page 46 of 72
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 ' ) 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 N of NW 'A) 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 N) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW % of
NW A) Section Four (4), One hundred (100) feet; thence West and parallel with said North
line of Southwest Quarter of the Northwest Quarter (SW N of NW N) 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, 1 963 in Book
262 of Deeds, page 346; AND to Simon O.Johnson 1963, recorded October 14, 1 963 in Book
262 of Deeds, Page 346 which is more particularly described as follows:
Page 47 of 72
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 1/4 of NW %) 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 ' ) 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 N of NW %) to the West line thereof;
thence North along the West line 100 feet to the beginning.
Page 48 of 72
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)
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