HomeMy WebLinkAbout2022-08-23 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date August 23rd, 2022
Time Required: 5 Minutes
Agenda Item Title: Oak Park Heights—Comprehensive Plan Amendment- 5676 Oakgreen
Avenue North - Jamie Junker(Applicant)representing J K&K Group
LLP
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature /0/0".—_
Action Requested Discussion, Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards, City Planner
1. Planning Report—Dated August 4th, 2022
2. Planning Commission—Summary Memo and Findings dated:August 17th, 2022
3. Proposed City Council Resolution.
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3801 Thurston Avenue N.Suite 100
Anoka, MN 55303
Phone: 763.231.5 840
Facs imiie: 763.427.0520
TPC@Planning Co.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: August 4, 2022
RE: Oak Park Heights — Comprehensive Plan Amendment - 5676
Oakgreen Avenue North
TPC FILE: 236.02—22.06
BACKGROUND
Jamie Junker (Applicant) representing J K&K Group, LLP has made application for a
Comprehensive Plan Amendment for 5676 Oakgreen Avenue North. The land use
classification of the property is Low Density Residential in the Comprehensive Plan
2018. The Applicant has proposed two buildings, each three stories, with a total of 36
condo units. The Low Density Residential classification is not consistent with the
proposed density, so the Applicant has applied for a Comprehensive Plan amendment
to change the land use classification to High Density Residential. The details of the
project are not being considered at this time, only the land use classification.
The property is zoned 0 — Open Space Conservation District. The condo project
cannot be constructed under this zoning classification. If the Comprehensive Plan
amendment is approved, the property would need to be rezoned to R-3 to allow for the
multifamily development that the Applicant has proposed.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Applicant's Narrative
Exhibit 2: Proposed Land Use Map—Comprehensive Plan 2018
Exhibit 3: Proposed Land Use Map—Comprehensive Plan 2008
Exhibit 4: Zoning Map
Exhibit 5: Walk-a-bout Press Release
Exhibit 6: Community/Neighborhood Comments
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PROJECT DESCRIPTION/NARRATIVE
The Applicant has provided a narrative providing the background on the request, the
concept plans for the project, and a preliminary traffic study. The Applicant also held
four neighborhood meetings, two each on May 17, 2022, and May 25, 2022, to
introduce the project. A summary of those meetings is found as part of the narrative.
PROCESS
A Comprehensive Plan amendment requires a public hearing and recommendation of
the Planning Commission. The City Council will review the application and
recommendation in considering the amendment. A 4/5 vote is required to adopt a
Comprehensive Plan amendment in accordance with Minnesota Statute 462.355 Subd
3. If approved, the amendment is forwarded to the Metropolitan Council where if it is
determined if it is consistent with the System Statement and the regional plan.
ISSUES ANALYSIS
Comprehensive Plan, Proposed Land Use Map:
The property is designated as Low Density Residential in the Comprehensive Land Use
Map as part of the 2018 plan. The previous Comprehensive Plan 2008, Proposed Land
Use Map designated the subject property as Medium Density Residential. The density
ranges set in the Comprehensive Plan are 1 to 3 units per acre for low density, 4 to 8
units per acre for medium density and 8-14 units per acre (up to 32 units for senior
housing) for high density. (See page 75 and 76 of the Comprehensive Plan 2018)
The subject property is 2.9 acres in size, consisting of two parcels with one of the
parcels containing a portion of the Oakgreen Avenue right-of-way. A survey of the
property has not been provided at this time. Once it is determined how much of the lot
is encumbered by right-of-way, the developable size of the lot will be reduced affecting
the density allowances. Based upon the size of the lot, with a projected reduction in lot
size, the property could be developed with the following under the three residential
density classifications:
Low Density—6 units
Medium Density— 16 units
High Density—28 units/ 64 units (senior housing)
The Applicant's proposal for up to 36 units exceeds the allowable density of 28 units at
the high density category.
The City, in setting its land use classifications for the community, has a high degree of
discretion in determining its plan text and land use maps. The Metropolitan Council
allows cities to make land use determinations on individual parcels as long as the
overall plan is consistent with the System Statement and over all regional plans.
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In 2018, the Planning Commission and City Council discussed those parcels that were
undeveloped or underdeveloped and made a decision of the appropriate land use
classification. The subject property was discussed and specifically called out on page
75 of the plan as an infill development that could accommodate six family homes. The
land use map also identifies it as such. This determination was made in that the Palmer
Station development, directly to the east of the subject property, was in the planning
stages as a single family development with 13 lots. The Planning Commission and City
Council decided that the area south of 58th Street and Oak Park Blvd, adjacent to
Oakgreen Avenue should be developed as low density residential. As such the land
use classification for the subject property changed from mid density residential in the
2008 plan to low density residential in the 2018 plan.
The reasons this change was made included the following:
1. Land use consistency with the established single family neighborhoods to the
south. 58th Street/Oak Park Blvd were seen as the transition point from low to
higher density development.
Traffic concerns with more than a low density development at the corner of
58th Street and Oakgreen Avenue. The intersection sees high traffic volumes
and some back-ups at the four-way stop during peak times. Issues with the
driveway access and separation distances to the intersection were a concern.
Lower density development was determined to be less of an issue for the
intersection.
3. Desire to add additional low density/single family development to the City.
There is almost no developable land available for additional low density
development. The Comprehensive Plan encourages continued development
and redevelopment in all density levels. There is more acreage available for
mid and high density development in other parts of the community.
Comprehensive Plan, Goals and Policies and Land Use Plan:
The Comprehensive Plan 2018 includes goals and policies that are meant to direct land
use decisions in the community. The goals and policies are used in conjunction with the
maps as a guide to the Planning Commission and City Council.
The applicable goals and policies of the Land Use section of the Comprehensive Plan
are as follows with Staff comments:
Mission Statement, Values and Community Goals (Page 22)
Preserve Sm al Town Character. The features and amenities of this small town are
regarded as the greatest community asset. Preserve small town character while
accommodating redevelopment, renewal, and revitalization.
Comment: The Comprehensive Plan 2008 designated the subject property as low
density to preserve the small town, single family character of this neighborhood. 58th
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Street is the transition point to high density and commercial development to the north.
Keeping the property as low density residential preserves that character.
Land Use - Goals and Policies (Pages 50, and 51)
Goal 2: A cohesive land use pattern which ensures compatibility and strong
functional relationships among activities is to be implemented.
Policies:
A. Prevent over-intensification of land use development, that is, development which
is not accompanied by a sufficient level of supportive services and facilities
(utilities, parking, access, etc.).
Comment: The proposal to change the land use map to high density, rezone the
property to R-3 Multiple Family Residential District, and construct up to 36 condo
units would be an over-intensification of the property. While the City could
potentially provide the area with utility services, access and traffic with this
proposed high density development raises concerns.
B. Examine requested land use changes in relation to adjoining land uses, site
accessibility, utility availability, and consistency with the Oak Park Heights
Comprehensive Plan and policies.
Comment: As indicated, the area was designated as low density residential to be
consistent with the low density land uses to the south and east. There are
concerns with accessibility, especially near the intersection. A lower density
development would reduce the daily trips in and out of the development. Even if
designated as high density, the proposed development would exceed the density
limits.
C. Attempt to make transitions between distinctly differing types of land uses in an
orderly fashion which does not create a negative (economic, social or physical)
impact on adjoining developments.
Comment: A high density development in this area would be an impact to the
neighborhood to the south. While the 150 foot buffer area does provide
separation, there would be greater impact to the neighborhood with a high
density development of 36 condo units in a three story building than a six unit low
density single family neighborhood.
D. Intr/I development of compatible land uses shall be strongly encouraged.
Comment: The proposed land use amendment would allow for redevelopment
and infill at a higher density than what exists. They City has determined that a
low density development is the most appropriate for this area.
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E. Where practical, conflicting and non-complementary uses shall be eliminated
through removal and relocation.
Comment: The current low density use is conforming to the Comprehensive
Plan.
F. Encourage the development and redevelopment of under-utilized and
substandard property throughout the City.
Comment: The Comprehensive Plan recognizes this as an area for potential
redevelopment as a low density use.
Residential Land Use—Goals and Policies (page 53)
Policies:
D. Avoid concentrations of multiple family dwellings and apartments in the City.
Locate such housing within appropriately designated zoning districts and in
proximity to areas which offer a wide range of existing supportive services,
commercial and recreational facilities.
Comment: The intent of the Comprehensive Plan 2018 was to avoid
concentration of mid or high density development south of 58th Street. The
Commission and City Council found that 58th Street was an appropriate transition
between housing densities. There are other areas of the community that the
Comprehensive Plan designates for mid or high density that are better suited,
with proximity to supportive services commercial services and recreational
facilities.
Land Use Compatibility— (page 66)
Land use compatibility concerns exist, primarily in the older sections of the community,
and where commercial development is adjacent to residential homes and
neighborhoods. High density residential or commercial development adjacent to single
family neighborhoods can intensify unwanted activity in the area and impose impacts on
parking, traffic and noise that may be uncharacteristic of single-family neighborhoods.
Additionally, the Comprehensive Plan calls for the proper transition between high and
low density residential development. The City, through its plan and Zoning Ordinance,
shall transition residential development so as not to create negative living environments.
Concentration of one type of housing style or density can also create issues for the
proper development of neighborhoods.
Comment: As indicated, the Comprehensive Plan 2008 changed the land use
classification of the subject property from mid density to low density residential in
response to the land use compatibility concerns in this area. To change the land use
designation to high density residential now would not be consistent with the plan.
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Zoning:
While the rezoning of the property is not being considered at this time, is important to
highlight the zoning requirements with a high density development. The property is
currently zoned 0 — Open Space Conservation District which allows for single family
dwellings. The Open Space District was created to provide a district to allow open
space, agricultural uses, and a holding zone for developable areas. in order to
accommodate a high density development of 36 units, the subject property would need
to be rezoned to R-3 Multiple Family District in which multiple family dwelling units are a
permitted use.
While multiple family dwellings are a permitted use, the City would have site plan review
and the residential design standards of the Zoning Ordinance to ensure compatibility. A
Variance may also be required for building height.
The density requirements of the Zoning Ordinance, in Section 401.15.C.3 specify that
2,500 square feet of lot area is required per unit (500 square feet is to be added for
each bedroom over two bedrooms per unit). If 36 two bedroom units are constructed,
90,000 square feet of lot area is required. The entire site consists of 2.9 acres or
126,324 square feet.
Access/Traffic:
The Applicant has provided a preliminary traffic study within the narrative. It concludes
that there would be approximately 306 daily trips from a high density 36 unit
condominium development. Based upon the limited available traffic volumes for this
intersection, the Applicant's traffic engineer made a preliminary conclusion that 58th
Street and Oakgreen Avenue have the remaining capacity to accommodate the
proposed development. However, please note that Staff would recommend that if the
project moved forward, a more detailed traffic study would need to be completed that
examines all traffic impacts in deeper detail such as point of access, site lines, stacking
and related issues.
If a low density development of six units were approved for the site, there would be
approximately 60 daily trips. This is considerably less than the 306 daily trips with a
high density development. Additionally, the possible development of the site for low
density single family development could involve one access point with a cul-de-sac.
One access point would be preferable to two for the subject property.
CONCLUSION/RECOMMENDATION
Based upon the previous review, Staff does not recommend a Comprehensive Plan
amendment to change land use classification from Low Density Residential to High
Density Residential for 5676 Oakgreen Avenue North. That recommendation is based
upon the following findings:
1. The proposal for up to 36 units exceeds the allowable density of 28 units at the
high density category.
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2. The subject area was designated as Low Density Residential in the
Comprehensive Plan 2018 to maintain land use consistency with the established
single family neighborhoods to the south. 58th Street was seen as the transition
point from low to higher density development.
3. There is a need for additional low density/single family development in the City.
There is almost no developable land available for additional low density
development. The Comprehensive Plan encourages continued development and
redevelopment in all density levels. There is more acreage available for mid and
high density development in other parts of the community.
4. The Comprehensive Plan 2008 designated the subject property as low density to
preserve the small town, single family character of this neighborhood.
5. There are community and Staff traffic concerns with more than a low density
development at the corner of 58th Street and Oakgreen Avenue. The intersection
sees high traffic volumes and some back-ups at the four-way stop during peak
times. Issues with the driveway access and separation distances to the
intersection are a concern.
6. The subject property was designated as low density residential to be consistent
with the low density land uses to the south and east. There are concerns with
accessibility and traffic, especially near the intersection of 58th Street and
Oakgreen Avenue. A lower density development would reduce the daily trips in
and out of the development.
7. The proposal to change the land use map to high density, rezone the property to
R-3 Multiple Family Residential District, and construct up to 36 condo units would
be an over-intensification of the property. While the City could potentially provide
the area with utility services, access and traffic with this proposed high density
development raises concerns.
8. A high density development in this area would be an impact to the neighborhood
to the south. While the 150 foot buffer area does provide separation, there would
be greater impact to the neighborhood with a high density development of 36
condo units in a three story building than a six unit low density single family
neighborhood.
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July 8, 2022
Eric A.Johnson,City Administrator Julie Hultman, Building Official Planning
Jennifer Pinski,Assistant City Administrator,City Clerk &Code Enforcement
Scott Richards,City Planner Lisa Danielson,Arborist
Andrew Kegley,Public Works
Mary Seiger,Administration
Dear Eric and Scott and City Staff,
Thank you for the time and guidance you have given to us on our project site to explain our options.You
answered all of our questions and walked us through to a better process for everyone.
We are submitting this application for a change to the Oak Park Heights Comprehensive Plan which
would change the zoning to our two lots to R-3 Multiple Family Residential,we as applicants offer that
our combined lots just under 3 acres*is an appropriate complement to the low-density homes in the
area and is complementary and compatible with the transition to the higher density to the north of 58th
across the street. The reasons set forth In our application are based on support references of
conformity with the 2018 Comprehensive Plan. The site is at 5676 Oakgreen Avenue North and the
A note on our references to the comprehensive plan of 2018. References were duplicated
from the comprehensive plan. The comprehensive plan is a voluminous document and making
references to such a substantial document has its inherit limitations. In some of the longer
references for example it is not always best practice to copy the entire section of the
comprehensive plan topic to help ease of readability. Sometimes the whole reference section
is not necessary to describe an idea being discussed in the application. In other examples the
whole section of the reference may not have applied to the section of the narrative being
discussed.
Not all readers of this document will be the city staff,city professionals, and city plan
commission members who will likely have the comprehensive plan at hand. For those that
want exact references to the plan and the full context of the comprehensive plan document,we
encourage you to download the comprehensive plan from the City's website. We have
attempted to include exact page numbers of the section we are referencing. Thank you,,yr„,
*A professional survey has been ordered and is in process at this time.
History ofthe Application Site. The 2008 Comprehensive Plan shows both our lots and the property
north to us as Medium Density Residential. The 2018 Comprehensive Plan shows our house as low
density Residential where(other than the house)our property is now shown as Park Facilities Open
Space so it was moved down in density where the properties to the north of 58th from us were moved to
up to high density. We do not wish our sites to become a buffer to the buffer zone and we will explain
in the pages ahead that it is fair and consistent with the Comprehensive Plan to Identify our lots as
Multiple Family Residential R-3. See Comprehensive Plan Land use maps at attachment 10a-10b.
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The Biggest Challenge in Changing the Application Site to R-3 Multiple Family Residential
I along with Maureen had our third meeting with the city staff and city administrator and professional
team on June 29th to discuss an amendment in the Oak Park Heights 2018 Comprehensive plan. One of
the items that stands out is near the end of the meeting, Eric Johnson,City Administrator suggested that
in our narrative,we not only include why the project site was compatible with high density for the
project application but what we feel is the biggest challenge or where the site falls short of the
comprehensive plan. We will begin the application with that challenge.
It struck me that after completing the matrix at attachment 1 on the many compatibilities with changing
the comprehensive plan to identify the project as multiple family residential,that the biggest weakness
in the application is the opposition from the immediate adjacent neighbors that we met at the neighbor
meetings. Although attachment 1 identifies a dozen criteria where the application not only meets, but
exceeds,the comprehensive plan standards for changing this property to high density,the item that we
see will be"paramount"in this is that the City has a tough decision to make because it is impossible to
make everyone happy on this somewhat subjective issue of where should the line be drawn between
low density and high density around our property.
We do not begrudge our neighbors that showed up at the neighbor meetings in opposition of our
project. There were also many adjacent neighbors that attended in support of the project. After the
6:30 PM evening neighbor meeting number 2 on May 17th, I told the adjacent neighbors that I always
felt that I had to tell them about the project first and that I knew from years of"hearsay"that i knew
how they were going to respond, but I had to come"through that door"and tell them about the project
personally. When one asked me"Where do we go from here Jaime?"we joked together and I told them
that I was going home to my room and lock the door and stay inside a few days. The meeting ended
with that humor,but I also told the most vocal attendees that they were genuine,and they came to the
meeting face to face on a difficult subject,so I very much respected them for that.
Isn't it beautiful in this country that we have processes to peacefully debate our differences publicly?
So, I start the application with this acknowledgement that this is a very difficult decision that the City
and staff will need to make. The buffer zone is a sacred cow. Back in the day we used to have a saying
that"sacred cows make great steaks". I say this respectfully. This is a tough decision, but the public
debate is at the core of the hard decisions Oak Park Heights has to make to balance the budget for the
next twenty years. The world has changed since the last comprehensive plan update. Inflation is now a
consideration that was not nearly as prevalent in 2018. The Allen S King plant situation puts pressure on
the City's revenue stream,and the list of criteria spelled out in this application goes on and on.
I suggest that because of the difficult decisions that the City has to make in the coming years,this is the
model application that demarks extraordinary public input with the comprehensive plan at the center of
the discussion. What an opportunity for the City and the taxpayers alike to confront challenges that the
City and the residents will have in the next twenty years. There needs to be give and take. "We can't
make everyone happy."
The Oak Park Heights Comprehensive Plan is an extraordinarily in depth and well laid out vision of the
future for Oak Park Heights on what challenges the City faces, and how land decisions will be made. I
suggest that if we embrace the challenges we are going to deal with and use this application review and
the Comprehensive Plan as the tool it was meticulously and painstakingly built for,this application
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process will not only be genuine, but valuable for all of us. I expect the decision based on the
Comprehensive Plan to be a difficult one where everyone cannot be pleased.
The litmus test for a great deal of what the Comprehensive Plan talks about and proposes and has in its
Goals and Policies in it,in regards to redevelopment is this:Is the land owner willing to take their
building down and replace it? The second part that will play out over the next thirty years and longer
will be this: can we make the tough decisions as it relates to the adjacent properties and figure a way to
transition, buffer,and screen in order to make the redevelopment feasible? The applicant proposes that
we can't make everyone happy and this application for a change to the Comprehensive Plan is very
important because it is one of the"front runners"to this important debate that will play out over the
next twenty years and more in Oak Park Heights. When a property owner comes to the City and says
"I've worked out on my side how i can pull my old home(or other building)down and replace it with
something nicer without asking for any help from the City",(let alone the project opportunities when the
City would want to help)those opportunities should be very interesting for the City because that is what
will be needed for the City to successfully implement its Comprehensive Plan with compliant properties
over the next thirty years. Escentially, this Is probably why this application for a Comprehensive Plan
amendment is so important.
Why a change in the Comprehensive Plan via application ammendment? The sequence and process
we are following is unique. Through discussions with the Oak Park Heights Planning staff the step of first
applying for a Comprehensive Plan amendment resonated with us as the applicant because it gets to the
foundational nature of the end result of land use. That is,what is the best use of the site in the overall
context of the City's land use plan at this location?This is an application for a change to the
Comprehensive Plan in order so the resulting application for Walk-a-Bout would then proceed in an
orderly fashion. It is our intention as the applicant,to submit in good order an application for a project
whose site plan and renderings are in this application at the attachment 2a-2g. It is substantially the
same footprint plan we shared with the city staff planning group on March 16th of this year and at the
four recent neighbor meetings on May 170'and May 25th held at city hall. We feel a change in density at
this location is an opportunity for us all(City, neighbors,applicant)to play to our collective strengths
and such a decision is substantially supported by the Comprehensive Plan.
Because this application is the penultimate* application we as applicants submit that a traffic study, if
required,would need to be submitted with the project application at that time rather than now. In
reviewing the Comprehensive Plan,there is not robust traffic data in the plan about the counts in the
interior of the city or at this site. We are asking the city administrator,the city planner,and the
planning team and city staff to approve our notion that if such data was not relied upon at the time the
2018 comprehensive plan was completed,it should not be a burden on the applicant in this application
for comprehensive plan amendment at this time. The other reason we ask you to consider that a traffic
study,if required,should be a condition of the ultimate application rather than this comprehensive plan
application is cost. With a fee of$500 for the Comprehensive Plan Application and a traffic study cost
up to 10X of that,it makes more sense that if a traffic study is a requirement upon the applicant at the
time of final project application,that anticipated$3,000 to$5,000 cost would be incurred at that time.
This request is reasonable because high density is already immediately across 58th from the project site.
Please approve this sensible notion of this recommended sequence. Additionally,was a traffic study
required and completed in 2019 when 72 units were built along 58th for the Oak Park Senior living that
can be utilized in this application?
*Penultimate. Last but one in a series of things. Second to the last item
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Limited(if any)Residential Resources left in the city. The applicant feels it's prudent financially for the
City as it comes to the end of It's residential resources to leave no stone unturned in determining high
density site alternatives. In this application for a comprehensive plan amendment,we the applicant,will
show examples of how the site fits residential high density in the comprehensive plan. Page 31 of the
2018 comprehensive plan states: "Other than what is currently in development,there are no significant
parcels of residential land available for development in the city." With this site being right on the border
of high density In the city already and with a substantial buffer zone between the application site
property and the adjacent neighbors to the south of the site,the property is a strong candidate for a
high-density designation.
Guidance in the 2018 Comprehensive Plan makes the application site stand out for High Density.
Throughout this narrative,we will give examples of criteria in the Comprehensive Plan why the value of
the project for the City is very high and the cost for the City for high density at this site is very low.
Examples will show that a high-density assignment for the application site is warranted because it is
higher in revenue and lower in cost than either a low-density project,or a future hypothetical annexed
project. Comparisons will be looked at for city revenue,less automobile dependency at the site,housing
diversification,city utilities capacity and road infrastructure including original costs to build roads and
increase utilities as well as long term maintenance costs,and the comparable traffic per new home in
the city.Page 23 of the Comprehensive Plan states a very Important Oak Park Heights Goal:
Promote a responsible fiscal balance(revenue versus service costs)on an ongoing basis. "The policies
of the Comprehensive Plan are intended to outline the community's desires and set forth guidelines for
how these desires are to be achieved. These issues must be continually assessed in terms of value
compared to costs incurred by the City for implementation.Indicators of value include, but are not
limited to,potential revenue,facility enhancement, and the common good of the Oak Park Heights
community"
Oak Park Heights Has it's Own identity. Walk-a-Bout CO Oak Park Heights Minnesota,USA When I was
five, I asked my mom a little bit about the 55082 zip code because I couldn't figure something out. She
explained that 55082 is the zip code of our city,Oak Park Heights. I told her that I was going to write a
letter to Stillwater and tell them they need to stop using our city's zip code. I was proud that I lived in
Oak Park Heights, not Stillwater. Although I am proud of my roots of things like being the captain of the
Stillwater Pony baseball team in 1980,this home project NAME says it all about how I feel about the
identity of the city I grew up in and started my family. Oak Park Heights has it's own identity. The point
is: this application is about pulling out the Comprehensive Plan and making the tough decision on
what is best for the greatest good and greatest number of people In Oak Park Heights. Want to talk
Oak Park Heights baseball? Ask me where you can learn about arguably,the greatest little league
baseball game ever played in the St.Croix Valley where the undefeated regular season Oak Park Twins
won the little league Championship. On this day,forget Lake Elmo,forget Stillwater,forget Bayport,
Lakeland, Marine on the St.Croix and Hugo. Oak Park Heights was"World Champions.".
Walk-a-Bout @ Oak Park Heights Minnesota,USA will be home to some thirty-six high value
condominium residences. The old home,although functional now and can be for the next many years,
will be taken down. The residences have been designed to attract both active lifestyle residents
interested in the proximity to the City's trail system as well as existing Oak Park Heights residents
looking to downsize their footprint and live in a park-like setting with simple amenities and above
average green space. The Walk-a-Bout name comes from the idea that in the search for happiness and
meaning in life,some of the simplest things like going for a walk with a friend or meeting a family
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member on bike ride across town at a park fora simple visit can still aspire to offer the most basic and
meaningful moments in life. Oak Park's vision was to invest in the park system over the last twenty-five
years and It is an attractive feature of the city. Walk-a-Bout @ Oak Park Heights will advertise the Oak
Park Trail System as we fully expect this elite project will sell out the thirty-six units within 120days from
The existing home is old and can be maintained but is there a better use consistent with the
comprehensive plan? We think so and here is another goal in the comprehensive plan that supports the
change to high density at this site:
RESIDENTIAL LAND USE Goal 2: Maintain and enhance the strong character of Oak Park Heights'single
family residential neighborhoods. Policies:A. Promote private reinvestment in the City's single-family
housing stock. B. Pursue the redevelopment of substandard single-family homes when it is judged not
economically feasible to correct the deficiencies. C. Encourage single family home rehabilitation
programs through the City.
The site requires less automobile dependency. With walking trails on all three sides of the property,
the site is less dependent on automobile travel than much of the city for things such as shopping,
chiropractic and dental services and restaurants and grocery,and it lends itself well for foot and bike
traffic to and from the property. Because of this,the site is a strategic growth location in Oak Park
Heights and counter-intuitively,gently higher density equates to lower automobile traffic per added
household for residences at this location. Put another way, it would be difficult to add 36 residences in
Oak Park Heights that create less traffic per household than at this site because of the site's close
proximity to services and the related walkability of the location.
Economic Efficiency for Oak Park Road Infrastructure and utilities. The application site maximizes the
City's ability to utilize existing roads and utilities. With Oakgreen avenue and S8t abutting the property
on two sides,a modest high-density zoning change is appropriate because the property reduces relative
future road maintenance and new utility infrastructure per new home added now,which is very difficult
for any municipality to achieve with a new project. Higher density would be economically
advantageous to the City at this location because these additional homes would not require additional
road construction and substantial additional utilities. Low road construction per home on this project
factors favorably for the City's future inevitable rise in road repair costs. Maximizing the site's benefits
with sensible higher density,therefore,would be strategically prudent because a higher number of
homes in this case,is spread over lower additional future road maintenance. This property location is
well suited for a higher-density strategy to minimize the future road and utility costs per new home.
"If!were a resident volunteer on the Oak Park Heights economic committee,my first suggestion would
be to play off the twenty-five year investment the City has made in the trail system. The City would
create a slogan, "at Oak Park Heights, we encourage all our new development and re-development to
walk all over the city". Wallah!The City's Identity would be one of the most sought-after places to live in
the Twin Cities and Western Wisconsin due to how the world is embracing the simpler aspects of health
and happy living.Such a mind-set would help the residents put into perspective the importance of give
and take in adjacent compatible uses as it relates to solving the City's challenges for the future as stated
in the Comprehensive Plan.first two questions of any developer. 1. How are you going to use the trails?
2. Can you show us the considerations as it relates to our fiscal balance test(revenue vs service costs)?"
jitimeArafer
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The above narrative on Roads and Utilities Efficiency is"echoed"in the comprehensive plan on
Page 56 Through the comprehensive planning process,the City has the ability to direct and focus
development in a pattern that maximizes the utilization of existing utilities and services.This type of
land use management assists the community in regulating and budgeting for investment in future public
utilities,streets,and service needs.
With limited vacant land, it is likely that the City will be almost completely developed by 2025.Small
parcels of residential property scattered throughout the community will be infilled with single family
and townhome development. Based upon this premise,the focus of the land use,transportation,
community facilities/administrative sections of this Comprehensive Plan will be on redevelopment,infill
and maintenance of the community
Unfortunately,Post-Covid equals a period of higher inflation and higher costs for both individuals and
governments providing services. .......so things have changed since the last comprehensive plan update
when increasing costs per home were not as great of a concern for communities. The average
homeowner Is currently feeling the inflation increases and even in a financially well-managed city like
Oak Park Heights,the site should not be used for low density,for all to realize later,that a sensibly-
gentle-higher-density approach could have been optimal. It is fair to say that the current concerns of
increasing cost pressure is a valid reason to look at a change to higher density as a sensible adjustment
to an earlier unforeseen situation. Higher density in this location is a sensible, low-risk adjustment for
the City and making such a change is a savvy response by leadership at the City to changing economics
that impact all taxpayers. It should be noted that the likelihood of the recent inflation on all of us is
permanent because inflation is cumulative. That is,even if the rate of inflation slows down,that
inflation that has recently occurred presents a lasting challenge. So we can all say,"the genie is out of
the bottle regarding inflation impact and this has all happened since the last Comprehensive Plan
update." Something substantial has changed since the last Comprehensive Plan that has created a
brand new challenge.
Air Quality and environmental efficiency.The project as contemplated will be environmentally efficient
due to several factors. First,the walkability of the site offers less dependency on automobile use. Other
factors of efficiency include less waste of duplicate equipment and machines. Consider one lawn mower
or lawn service rather than thirty-six lawn mowers. Recycling programs which conserve resources shall
be required by the homeowners'association.
A Gently Higher Density will allow the project to offer home options to allow seniors and existing Oak
Park Heights residents an opportunity to stay in the city by downsizing. Although it is impossible to
know how many existing Oak Park residents will want to look at the offering currently designed shown
at attachment 2a—2g, it is factual from the recent neighborhood meetings that one existing resident
couple stated at the meeting that the project,as designed,would give them an opportunity to stay in
the city by downsizing out of their single-family residence. They currently live in the neighborhood. The
comprehensive plan states in its goals section on page 52.
RESIDENTIAL LAND USE Goal 1: Provide a variety of housing types,styles and values to meet the needs
of the community and the changing demographics of the City and region through new development and
redevelopment.Policies:A.Encourage design and planning innovations in housing units and land
development. B.Recognize the development of townhouses,condominiums and non-traditional home
types to supplement existing conventional single-family homes,and apartments,giving due
consideration to local market demands.C.Attempt to provide housing opportunities which attract
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persons of all ages and income levels and which allow them the ability to maintain residence within Oak
Park Heights throughout the various stages of their lives.
Gentle High Density for the site adheres to a tried-and-true principal of best practices approach of
diversification. Simply expressed: low-density housing, plus low-density housing plus gently higher-
density housing that is carefully integrated in and complementing,would be more responsive to the
Comprehensive Plan than more low density both at this time and in the future. Many changes have
taken place in the world since the last Comprehensive Plan was completed.
A strong homeowners association set of rules for a larger group of homes can add a layer of good
compliance and help enforce the City's rules in such areas as police calls and property aesthetics at this
strategic location. This is because associations of homeowners of less than,say eight to ten,are
notorious for being poorly managed maintenance headaches for the local governments to enforce
compliance rules on the residents. This is even more true when they are lower income. When an
association is over fifteen to twenty residences,the associations statistically are much stronger than a
smaller association could ever hope to be,this shifts a portion of maintenance compliance and even
some efforts of its police force from the City to the homeowner's association. Six homes at this site
would likely create a very week compliance record. Possibly not initially,but in 5 to ten years that could
change.The old saying that"a new broom sweeps clean"would be remindful that six to ten homes at
this site is not good for the neighbors or the City.A gently higher density project lessens this risk of
hassle for the City in a number of areas.
Traffic. Based on.1K&K Group's traffic expert's trip summary report we don't see a compatibility issue
with traffic. We are completely in conformity with the Comprehensive Plan here.
Our experts state, "Therefore,both Oakgreen Avenue and 58th Street have the remaining capacity to
accommodate the approximately 306 daily trips expected to be generated by the proposed development.
Therefore,proposed development trips are expected to have limited impact on the adjacent roadway
network. Consequently, roadway improvements are not anticipated to be necessary to accommodate
the proposed development." ALLIANT
Please see attachment 3a-3c Additionally,there could be an improvement to 58th street based on our
internal conversations that could improve 58th. Although that is somewhat out of the framework of this
application, here it is for your consideration: "We would anticipate no operational issues at a single 58th
Street site access or at any adjacent intersections. 58th Street is currently striped as a four-lane
undivided road. Four-lane undivided roads can be improved in the traffic engineering world;many of
them are being converted to three-lane undivided roads(one through lane in each direction plus a
center two-way left-turn lane). If 58th Street eventually gets restriped to a three-lane undivided road,
the 58th Street site access would then have a westbound left-turn lane to accommodate inbound site
traffic. The narrower two-lane undivided cross-section of Oakgreen Avenue does not offer the same
flexibility,but eliminating it gives additional options and takes additional pressure of the back of the
linear park."
Two Access Points Rather Than One Is a Response from the Neighbor Meetings. It was noted at the
neighborhood meetings that an access for the west building of Walk-a-Bout onto 58th moves 50%of the
access pressure off of the Oakgreen access point. Heading to Kowalskis'for groceries taking a left onto
58th from the underground parking in the west building makes good sense and has little impact on the
surrounding traffic. There is another major benefit of this additional access point. For the west building,
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we directed our engineer planners to remove the paved entrance next to the linear park and walking
path for much of what would have previously been in place if the access to the west building would have
been from Oakgreen. This keeps additional green space at the project near the walking path to the
south of our property. Although the linear park is significant in size, 150 feet wide with a tremendous
tree canopy,we are still not opposed to working with the City arborist and adding an additional
landscape buffer and modest mounding(say 3'to 4' high)creating a further natural separation to this
section and adding to the linear park.
The Comprehensive Plan is a Continuous Process. On page 20 of the OPH Comprehensive Plan there is
an illustration of the ideal comprehensive planning process. attachment 4.The illustration depicts a
circular continuous process balancing existing conditions,visioning,goals and objectives, needs and
alternative scenarios. With the next comprehensive plan process set for 2028,the Oak Park Heights
Zoning Ordinance recognizes and allows the benefit and opportunity for the city to be responsive in
allowing for zoning changes in the interim. This application for a rezoning to R-3 Multiple Family
Residential is reflective on the desire to make continuous improvement between the ten-year
comprehensive plan update processes. It is the applicant's proposition that when we as a community,
weight the benefits of the property towards a gently higher density,the overall, across-the-board-
benefits to the community will be that the property is trending greater and greater towards R-3 each
and every year. The main reason for this: The location of the property lends itself to be less dependent
on automobiles and with walking trails on three sides of the property,the walkability (and biking)of the
property is among the highest in the city.
At the time of the next Comprehensive Plan update,the property will continue to trend and be more
compatible and consistent with a higher density zoning than a lower density zoning. It is the applicant's
assertion that now,and especially increasing as we near 2028, if the property were to be developed
with a low-density zoning compliant project, it would be a permanent symbol of a property being out of
step with the best use for the city and the greatest number of people and the greatest good.With tax
rates being identified as the number two issue on the recent Comprehensive Plan, it would be difficult
to see six to eight residential units taking up this strategic site knowing that it would have been more
financially and economically prudent for a higher density zoning project.
The applicant points to the City's Mission Statement and Goals on pages 21 and 22 of the
Comprehensive Plan and makes the following complementary statement of the vision of the
comprehensive plan document. 'It will be challenging to see another R-3 project come along in the
next twenty years In Oak Park Heights that Is seemingly as consistent with the city's Mission
Statement and Goals, expressed In the Comprehensive Plan especially when you consider that there
will be minimal Infrastructure needed from the city for a higher density project at this location". The
applicant feels that if one were to list the properties that were suitable for R-3(Residential High Density)
in the city,this property is,If not number one on the list,very,very high up on the list.
The Application Property is In the Transition Area. R-3 zoning for the property is consistent with the
property across the street to the north from it. When we purchased the property over twenty years
ago,we felt that everything to the north of the buffer zone abutting the south of the property would be
treated similarly in the zoning ordinance and Comprehensive Plan. The buffer zone offers a transition
area for this exact purpose. The City purchased the buffer zone to the south of our property in 2006. It
makes good sense that the buffer demarks the transition to higher density in this part of the city.
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Changing Times. Based on the emphasis of the Comprehensive Plan it is far more likely than not that by
the time the next comprehensive plan update occurs in 2028,the application property will not only be
saying"this should be R-3", it wouldn't be out of the question that the best use of the property could be
R-B Residential Business Transitional District or even B-i Neighborhood Business District, attachment
5a-5b
Comprehensive Planning Aspects of Allen S King Plant Closure by 2028. A higher density for the
application site is prudently responsible and extremely proactive by the city to upcoming revenue
challenges more than likely to occur which it will have to face.A change to a higher density for this
property is responsive and in the correct direction.
The comprehensive plan states on page 65 that"Xcel Energy plans to close the King Plant by 2028, a
decade sooner than originally planned. ....the city receives 33%of it's annual property tax revenue from
the King Plant."
"When the King Plant closes and no longer remains a viable source of tax revenue, the City will have a
significant gap in its ability to fund municipal services.Accordingly, the city, like many other communities
that host power plants(being coal,nuclear or natural gas)must begin to contemplate about how it
would respond when such closure happens."
Furthermore,you have to go no further than the City's stated challenges to understand that there needs
to be a focus on compatible revenue management practices and one can see that of the top six City
challenges, item number 2 through item number 6 are closely intertwined with Revenue and Tax Rates.
On page 15 of the comprehensive plan:
The most important challenges facing the City: 1. Protecting the St.Croix River and other bodies of
water 2.Tax rates 3.Maintaining and enhancing municipal services 4. Reducing crime and enhancing
public safety 5.Capital investments in community facilities, parks 6. Improving pedestrian and bicycle
access and safety
Higher Density at this site is consistent with the Comprehensive Plan as it relates to the trail system.
it is not only the applicant's idea that properties near walking and biking paths are beneficial to the
transportation needs of Oak Park Heights. The Comprehensive Plan states on page 109: "In the last 25
years, the City has invested significantly in the pedestrian and bicycle network throughout the
community. It is possible to travel west to east and north and south through the entire City on trails with
limited need to travel on streets. The City sees this investment as important to recreation as well as the
transportation needs of the community". In this spirit,the owners of the property(the applicant)
donated the easement to the city in 2019 for the path built on the applicant's property along Oakgreen.
A low-density use for this site would be terminal for the site. A gently higher density zoning
assignment for this site would be a continual symbol for the City and its residents that a thoughtful
adjustment in the City's plans were struck,adjustments to unforeseen financial impacts were
strategically made,and the ultimate intended project when built would be an extremely low-risk
response with many positive merits and meet the(Revenues vs Service Costs standard of the
Comprehensive Plan). A low-density housing buildout,unfortunately,would be terminal for the site
and a perpetual reminder in the future that we had a better option. A low density project at this site is
not only terminal,which understandably is a strong word from the applicant,a low-density use at this
project site does not embrace the encouragement the document envisions,to be bold,to solve
problems,and to be proactive, but principally page 22 states as a goal Encourage continued but orderly
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and diverse growth and redevelopment in Oak Park Heights.To maintain a strong economic and social
base for Oak Park Heights,development and redevelopment is viewed as positive. in that the amount of
vacant,developable land is limited to primarily commercial properties,the focus of the City will be on
infill development of the remaining developable land and continued redevelopment and improvements
to commercial and industrial properties.
Higher density for this site with upper-value-level homes can have a positive impact on minimizing
police calls(as compared to lower income/lower density). The modestly higher density we are
proposing is beneficial(as compared to low density)due to the higher home values that will be
employed,complementary to 55"1,56th,Oakgreen townhomes and Palmer Station. Please note
neighbors,our point is"complementary to your history of being good neighbors". The comparison is not
to your good record which we feel we would complement,rather,it is a comparison to what a low-
density project would be for this site. Please see the discussion below of how a larger home-owners
association,than say six to ten homes(low density)would be beneficial for police statistics because the
association will have by-laws that are legally enforceable upon it's residents for many things that
otherwise fall into local enforcement responsibility. A strong homeowners association with a"zero
clutter policy",its own noise rules,and ongoing reserves put in place for maintenance can complement
the neighbor's investments and be consistent with the high standards of the city. The applicant asserts
that six lower priced residences at this visibly strategic location adds a risk the city should not want to
take. This project gives the city a project that will minimize the preceding risks and add eye appeal to
the location.
Why didn't we oppose the 2018 Comprehensive plan change? Some might ask why we didn't spend
the time and energy in 2018 when the Comprehensive plan was being revised to oppose the change in
density then? This is a very good question, but it's not the best question. If we call it the "penultimate
question',the answer is simply in 2018 Walk-a-Bout @ Oak Park Heights Minnesota USA wasn't an
answer because we didn't have the courage or the answer for the community to what a better plan than
a 100-year-old house would be. "The Walk-a-Bout @ Oak Park Heights Minnesota dream had not
been dreamt."
Now, in 2022,the world has changed,costs are going through the roof for families and cities,and we
have built up say a bit of courage to meet the neighbors and tell them of our plans. The best question in
2022 is:Can anyone envision a better use for the application site in the next 5, 10, 50 or even 100 years
than Walk-a-Bout @ Oak Park Heights while substantially meeting the revenue vs service cost explained
on Page 23 of the Comprehensive Plan?
But still, I do see,and I do take responsibility for not being active during the 2018 Comprehensive Plan
public input process. In retrospect,even though I take personal responsibility for not communicating
and opposing the Comprehensive Plan change to our property at that time, I actually feel the way that I
have been challenged by this process and I have worked with City Administrator,staff and City Planner
to submit a Comprehensive Plan amendment,the work has all been worth It. For example,I see now
how complex the balancing act that City staff and Mayor and City Council are always up against. Still a
long answer but I think I'm even a better team player now than I could have been in 2018 and I have
been able to make adjustments in my thinking about the Comprehensive Planning process and
everything it entails. If we're able to move back to Oak Park Heights and live at Walk-a-Bout, I plan to
contribute as a community member to Oak Park however I can. When I leave Forest,WI however,I will
be retiring personally from elected government roles as a transition in my current responsibilities
allows. This Comprehensive Plan Amendment Application gives me a chance to correct my error.
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The Walking Trail Easement Donation. attachment 6a-6f When we donated the easement,pure and
simple,we did so in good faith with the understanding that when it came to the calculation of buildable
square footage,the easement donation arrangement would not penalize us relating to the number of
buildable unit's calculation.
UTILITIES Comprehensive Plan Page 56 Through the comprehensive planning process,the City has the
ability to direct and focus development in a pattern that maximizes the utilization of existing utilities and
services.This type of land use management assists the community in regulating and budgeting for
investment in future public utilities,streets,and service needs.
With limited vacant land, it is likely that the City will be almost completely developed by 2025.Small
parcels of residential property scattered throughout the community will be infilled with single family
and townhome development. Based upon this premise,the focus of the land use,transportation,
community facilities/administrative sections of this Comprehensive Plan will be on redevelopment,infill
and maintenance of the community
The Comprehensive Plan Recognizes the Buffer Zone Concept of Transitioning Uses. The application
site has one of the largest buffer zones in the city already in place to the south of our lots. The
comprehensive plan provided for this buffering and the comprehensive plan reads in part on Page 66
Land use compatibility concerns exist,to respond to these land use compatibility concerns,the
Comprehensive Plan establishes a policy of screening,landscaping and buffering commercial
establishments near or within residential areas to minimize the impact on surrounding uses and
enhance the neighborhood and community.Although the comprehensive plan talks about buffering
commercial properties from residential properties,the point is that our property is significantly buffered
to the south.
The Site is compatible with high density across 58th and to the north of the buffer zone
In 2019,the last phase of the Oak Park Senior Living project at Oakgreen Avenue and 58th Street,will be
completed and will include 72 units.This is the last area of high-density development other than what is
included as part of the Residential/Business Transitional Areas. Comprehensive Plan Page 76
The linear park is the existing buffer zone is such a screening and buffering area along the entire south
side of our property. The application site is in somewhat of a unique location because of the design of
58t. If 58th would have been straight rather than curved,then 58th would have intersected Oakgreen
Avenue to the south of our property. Our property would then have had 58th and the buffer zone to the
south of it,high density would have been to the north of 58th and this low-density vs high-density
transition"sorting out"would not be the same as it is as 58th would have demarked the transition to
high density from south to north in the city. We are proposing the plan should be that the buffer zone Is
the feature in the city that should be the dividing line between low density and high density to the
north. With a green space designation for our property, it has the effect of making our property"the
buffer zone to the buffer zone".
The linear park purchase agreement attachment 7a-7c also called the buffer zone can be divided into
two parts,that part along the south side of our property(nearer Oakgreen)and the part adjacent to 58th
as the buffer zone moves to the west and 58th curves from Oakgreen in a southwesterly direction. The
property was contracted on May 5th 2000 in a second amendment to a developer's agreement and
ultimately purchased fora cost of$278,546.10 on September 6,2006 by the City.
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Our property Is approximately 126,324 square feet and approximately 2.9 acres(pre-survey).
The buffer zone is 198,633 square feet and approximately 4.56 acres,or 157%larger than our two-lot
property at 5676 Oakgreen Avenue and the lot to the west of it.attachment 11 for a google picture of
the area including the linear park(buffer zone),adjacent properties to the south and Palmer Station
homes next to Oakgreen. The picture illustrates that all homes adjacent to our proposed buildings—8 in
total(five on 56th and 3 at Palmer Station)are in complete conformity of the City's screening criteria for
a development within the 2018 Comprehensive Plan.
There are 13 homes adjacent to the buffer zone to the south of it. Of those homes,7 are to the south
of our property and 6 are to the west of our property still along the buffer zone. Only 5 homes are
adjacent(or south of our two proposed buildings while 2 of the homes on the buffer zone are south of
our unbuilt green space and the buffer zone. The buffer zone is 150 feet wide and the average height of
the tree canopy is 40 to 50 feet tall,much taller than our proposed buildings. The buffer zone is
considered"dense" by any engineering standard, and it substantially eliminates any sight of our
property from the back yard of the adjacent neighbors let alone the 8 other homes on the linear park
not south of our buildings. The linear park contains mature established trees(not a landscaped recent
area). The linear park provides a substantial separation from our lots. We feel that with the linear park
established and paid for by the City,the investment benefits RiverHills and should also fairly benefit our
two lots as well. The City has substantially met its responsibility per the Comprehensive Plan in the
screening requirement and R-3 Multiple Family Residential should be allowed north of the buffer zone.
Palmer Station Analysis Palmer station shows seven homes on Oakgreen. Four of the seven homes are
across or south of the buffer zone and have landscaping,screening on their side of the street. The three
homes across from our property also have more substantial screening on their side. Our plans are to
leave a number of significant trees along Oakgreen for screening.
City Annexation Discussion of Other Properties. In the years to come the City may have opportunities
for expansion through annexation. We feel before annexation is considered,existing lots appropriate
for high Density based on the merits of the Comprehensive Plan should first be explored because high
density will be more cost effective for the city than annexation. Additionally,we propose that the Walk-
a-Bout @ Oak Park Heights option will be one of the highest on the ranking to the CIty's standard of
Promoting a responsible fiscal balance(revenue vs service cost test). We submit the notion that Walk-a-
Bout's fiscal merits(and all other merits)will rival most any annexation opportunity the City has in the
next twenty years(and more) primarily because Walk-a-Bout @ Oak Park Heights does not need much if
any,added roads or utilities.
Options For the Application Site In this application We feel we have substantially met the key criteria in
the Comprehensive Plan to amend the application site to Multiple Family Residential but we simply
cannot continue to postpone development. After owning the property over 20 years and always
planning on the site being at the same density as everything north of the linear park,we have few
choices should this application not be approved. We can:
1. Continue to rent the house at 5686 Oakgreen and monitor the landscape in the city and wait for
the 2028 comprehensive plan process while we continue to maintain the current house and be
highly active in the process at that time. Albeit with the owners'ages in mind at that time,that
strategy has significant limitations. The 2028 Comprehensive Plan will probably receive final
approval in 2029 or 2030 and then starting this application process again at that time is just not
feasible. That is just too far away. At that time, we will have lost all design value from our
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engineers and planners for the current Walk-a-Bout @ Oak Park Heights Minnesota USA. We
feel with a pro-active application to amend the Comprehensive Plan and the criteria we are
resoundingly meeting,this amendment process is a superior strategy than waiting for 2028 and
beyond.
2. We can look to sell the land. If the City is absolutely set on six to ten units for perpetuity for our
site,then the likely candidates for purchasing our land would be affordable income housing
sponsors which the City has stated in the 2018 Implementation plan on page 166 that it would
support several choices for affordable housing including:
Zoning and Subdivision The City currently has adequate zoning and subdivision regulations to
support affordable housing.
TiF The City has in the past and would consider TIF proposals to promote affordable housing.
CDA The City will work with the CDA on available programs that provide additional
affordable housing such as the GROW fund, Low Income Housing Tax credits and CBDG funding.
Livable Communities Work with CDA in sponsoring an application to the Metropolitan Council's
Livable Communities Account program for affordable housing development.
Super RFP The City would support an application to Super RFP programs for affordable
housing.
There are certain aspects of selling or donating to a non-profit affordable housing authority that
resonates with us for both charitable reasons as well as federal tax benefits.
3. The third option is we could develop the site ourselves for six to ten units and live there basically
acquiescing ' on this Comprehensive Plan amendment application all-the-while feeling we had
substantially met the criteria requirements of this application through meeting the
Comprehensive Plan standards for Multiple Family Residential. For the reasons laid out in this
application illustrating our beliefs that this property site should be R-3 Multiple Family
Residential,we would unlikely either go through the process to develop it low density or sell it
to someone for that purpose given our ardent stance herein on what is right and fair.
Acquiescing To accept something reluctantly,but without protest
In conclusion,we ask Eric Johnson and Scott Richards and the intregal City Staff members that no doubt
we will work with on this important project to approve moving this application forward. Your team and
Mayor McComber and the City council will find that we will work with you to make this important
project the signature complement to this area of the city while we believe this application shows In a
conclusive way that our request Is in complete conformity with the 2018 Comprehensive Plan. Eric and
Scott,please approve this request upon your review of the application to move it forward to City Plan
Commission and Public Hearing.
Respectully,
Jaime Junker,For J K&K Group, LLP
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Attachment -"The Site Criteria Matrix"
Application For a Change in Comprehensive Plan-Welk-a-aout ^. Oak.Park Heights
Compatibility With 2011 Oak Park Helchtss Comprehensive Plan
Criteria Low Haj h
Aesthetic View end Bulicihtt
Diversification X
Site/Location High Walkabllity X
Lower Dependency on Automobilles X
Higher Green Space vs a Low Density
Project X
Unear Park Already hi Place to South of .
Property X
Traffic Compatible X
Utilities&Roads Compatible(Low City
Cost) X
_
Allows Existing City Residents'
Downsizing Optknts
X
Air Quality X
Addresses Stated city Challenges in
Revenue Replacement X
Extrernety likely to Compare Favorably
to An Annexation Application Using
aty`s Standard of Revenue yr Cost X
Historic Adjacent Neighbors Opposition X
Overall Neighbor Meeting Acceptance
From Other Residents. Mr.Iry Neff
from Oakgreen Townhomes:"Haw
about five floors Jaime"(see public
outreach)attachment Ss . X
Page 150 of 202
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Page 157 of 202
Attavetonvent SaTrafk Memorandum
A.LLEA,NT
MEMORANDUM
DATE: July 7,2022
TO: Jaime Junker,JK&K Group
FROM: Jordan Schwarz:,PE,Senior Traffic Engineer,Alliant Engineering
SUBJECT: Oak Park Helens Candor Trio-Generation blernoreadam
introduction
Alliant Engineering has completed a trip generation memorandum to document the trip generation
potential for a proposed residential condominium development to be low in the southwest
quadrant of the Oakgreen Avenue/58th Street intersection (5676 Oaf. Avenue
Oak Park Heights,MN.The proposed development is expected to consist of up to 36 condominium
dwelling units split evenly over two buildings.Access to the development site is proposed via two
driveways, one located along Oalegreen Avenue and the second located along 58th StireetTisch
driveway is expected to serve one condominium building,thus splitting vehicle tripe evenly over
the two driveways(see Figure 1:Proposed Site Plan).
Trip Generation — Proposed Development
Estimates were completed to dettritine the trip _ _ ion potential for the proposed development
based on applicable trip generation ratee in the Institute of Minsponatim Envingers
Trip Generation Manual, 11th Edition (1TE TO* The ITR M is a compilation of peak how
and daily trip generation rates based on da > collected from various lend uses, As presented in
Table 1, the proposed development would be expected to generate approximately 34 aen, peak
hour trips,36 pen.peak hour trips,and 306 daily weetday trips based on applicable trip generation
rates from the ITE TG.4f. For perspective;the estimated v day pen.peak heir trip gyration
equates to approximately one proposed development trip fir every one minute and 40 seconds..
Given that the two site driveways would be expected to evenly distribute proposed development
trips,each driveway could be anticipated to accommodate approximately 17 a.m.peak hour trips,
18 pan.peak hour trips,and 150 daily weekday trips.
Table 1.Estimated Trip Generation®Proposed Development
rrPd'i'a.r� 14,Ii� Ir.�i. i`{'A i' '4$` Our ft,475,.;
C:a fy
Lend 1.13,e Cud Unlit S.xF lriu: 1ab11 inlr. 1 t I•t C.rt,i
tsa�li
lir 013 hi p1t 1.1 01.1 I.ii
i:,:,rti i J1 t•.j/ Mels !Jn is
Source Institute of Tiouport tion Enamors 7tip Generation Minot,Uth Marrs
(1)]holt hour oche niece*re i w.y nstwerI
733 Marquette Ave Ste 766 a .75P4O )MAIN
Minneapolis,MN 55402 612.750.309R FAX wwwn..aiiiant-i tc.e em
Page 158 of 202
kleit halm Mal
Jut 7 2072
Oak Pa*ilti�Cando€Tr1p a .•�,.,��, �•., Pset 2
Irwin) L Proposed Site
N .
mono errant
744 ,144
-OSA 401
Roadway Network Considerations
A review of animal average daily traffic (AADT) volume data available from the
Minnesota Department of Transportation ( T) via its online c Mapping Appliostion
indicate that the year 2018 daily traffic volume along Oakgreen Avenue atijaeent to the
development site was 5,300 vehicles.AADT volume data is not available fix 58th Street
to the proposed development site,though a similar daily traffic volume would be anticipated.The
Washington Comfy 2040 Compvhensive Pim assigns a planning level AST amity of 10,000
to two-lane undivided urban roads like Oekgreen Avenue,and a planning Level MDI capacity of
20,003 to ane undivided urs roads like 58th Street.Therefore,both Oahu Avenue end
58th Street have the remaining capacity to accommodate t i tely 306 daily trips
expected to be generated by the proposed development,
It should be noted that the proposed development would be expected to comprise
five percent of Oakgreen Avenue traffic under a future hypothetical build scenario 1dc wh ell site
trips utilize Onkgnxis Avenue adjacent to the proposed development site. In reality,the proposed
development trips would be expected to comprise an even sn9alle r proportion of Oakgreen Avenue
traffic given the two accesses being proposed.Therefore,proposed development trips arc expected
to have a limited impact on the adjacent roadway network,Consequently,roadway improvements
are not anticipated to be necessary to accommodate the proposed development,
Page 159 of 202
Jordan Schwerze, RE
Senior Traffic Engineer
RELEVANT EXPERIENCE
I$ City of Btooningtcn Traffic and Parking Studies Bloomington,MM Jordan
served as Project Manager/traffic Engineering Lead for the preparation of multiple
' traffic and perking studies related to lend use applkations throughout the Cityof
Bloomington.The goal of the traffic studies was to identify potential Issues due to
proposed development trips,while the goal of the parting studies was to determine
whether proper parldnp suppile*Were adequate to meet anticipated perking
demand.The traffic and perking studies included data collection,uttlixatton of the
ITE Traffic and Parking Geeeration Manuals,determining trip and partcing generation
?Ai R D u N o estimates,and developing mitigative measures If traffic issues or parking shortfalls
Mr.Schwarze has 16 years of professional were extracted.
traffic/transportation experience working Briarrroft South S Baran*Week impact Studies itbodbaN ASN Jordan sewed
In both the public and private sectors.His as Waffle Engineering Lead for the preparatiion of two traffic impact studies for
work currently focuses on traffic impact proposed adjacent residential developments in Woodbury,Minnesota,The goat
studies.traffic operations/safety analyses, of each TIS was to safely and stridently move vehicles into/out of the proposed
corridor studies,intersection control developments while accommodating the needs of the City of Woodbury in
evaluations,and parking studies.Jordan providing planned collector roadway continuity as weft as the needs of bigrdists
has considerable experience working and pedestrians.Multiple build scenarios were analyzed prior to determining
with municipal diems,having successfully the adequacy of planned roadway improvements as well as recommending new
completed projects for cities throughout roadway Improvements,
Minnesota and the Upper Midwest. Quarry Road bilk impact Study River Falls, IM Jordan salved as Project.
Manager/Traffic Engineering Lead for the preparation of a traffic impact study for
, of a proposed commercial dealk development In River Fisk,Wisconsin,The Tis involved
B.S.Civil Engineering,University the evaluation of operational on the surrounding roadway networlr as well res tree
Minnesota potential interaction with an osijacent urch proper,Also!•yachted was the
analysis of drive-through quouirg capaeity for two proposed restaurants onsite.
Access modifications were ultimately recflrnrfwnded to minimize potential vehicle
conflicts with adjacent church traffic arrd to iimIt the pusslhiiity of queues blocking
Professional Engineer in Minnesota the entrance to the proposed.commercial development
(48167)
The Crest Apartments Parking Study ltrnoklynt Center;Uf Jordan served
Road Safety Professional 1(491) es Project Manager/traffic Engineering teed for the preparation of a parking
study associated with the proposed expansion of en existing affordable housing
apartment complex,The parking study involved data collection.crompar i of
Traffic impact Studies peak observed parking rates against peak parking rates from the ITE Parking
Parking Studies Generation Manual,and en estimate of the future apartment complex peak parking
demand.Ultimately,the estimated peak parking demand was compared against the
Multi-Modal Corridor Studies proposed parking supply to determine a parking surplus or deficit.
Arterial Traffic Simulation and TWO Twelve Medical Center Parking Study Update Chaska,MN Jordan served
Modeling as Traffic Engineering Lead for the preparation of a parking study for TWO Twelve
Intersection Control Evaluations Medical Center.The parking study provided an update to a year 2012 study in
Traffic Signal Operations and Timing which parking was evaluated for en Initial facility expansion.Parking demand was
Traffic Safety Studies estimated In 15-minute intervals over three weekdays by utilizing vesicle ingress;
egress counts at the lone site access after an initial facies baseline parking count.
The estimated peak parking demand was against the known tenant occupancy
to determine a peak parking rate per 1,O40 square feet of leasable space,.This
estimated peak parking rate was compared to the year 2012 estimated peak
parking rate,and the higher peak parking rate was utilized to determine to
adequacy of the existing perking supply In accommodating the proposed expansion.
Page 160 of 202
Attedim "T-"flN Or*of "
ISSUES IDENTIFICATION
The Comprehensive Planning Process
l '.\i 111iy
Confirming Condition!)
Ilathing
‘1510111.1W
1t11111i
�. at e C *s
Citizen
Involvement
Plan!) &.
Poch. it�
Needs
Alternative
4140
- City of Oak Perk Heights 2
Page 161 of 202
Attachment 5-Comprehensive Plan Residential Zones and Residential Land Goals for Reference
Walk-a-Bout c Oak Park Heights Minnesota USA compatibility highlighted in grey.
R-2,Low and Medium Density Residential District The purpose of the R-2, Low and Medium Density
Residential District is to provide for low to moderate density residential dwellings and directly related,
complementary uses.Single and two-family units are allowed as permitted uses,townhomes,
condominiums,and multiple family dwelling structures with not more than four units are allowed as
conditional.
R-3,Multiple Family Residential District The purpose of the R-3, Multiple Family Residential District is to
provide for medium to high density housing in multiple family structures and directly related,
complementary uses. Multiple family structures are a permitted use and private marina and boat
storage facilities,as well as other uses specified in previous districts,are conditional.
R-B,Residential Business Transitional District The purpose of the R-B, Residential Business Transitional
District is to provide for high density residential use and for the transition in land use from residential to
low intensity business allowing for the intermixing of such uses. In the R-B District, multiple family
dwellings are listed as permitted uses and limited office use,nursing homes,elderly and group housing,
limited retail uses,and limited warehousing activities are conditional.
B-1,Neighborhood Business District The purpose of the B-1, Neighborhood Business District is to
provide for the establishment of local centers for convenient,limited office,retail or service outlets
which deal directly with the customer for whom the goods or services are furnished.These centers are
to provide services and goods only for the surrounding neighborhoods and are not intended to draw
customers from the entire community. Barber shops,beauty parlors,convenience grocery stores,and
laundromats are limited permitted uses.Conditional uses include governmental and public utility
buildings,as well as professional and commercial offices.
RESIDENTIAL LAND USE Goal 1:Provide a variety of housing types,styles and values to meet the needs
of the community and the changing demographics of the City and region through new development and
redevelopment. Policies:A.Encourage design and planning innovations in housing units and land
development. B.Recognize the development of townhouses,condominiums and non-traditional home
types to supplement existing conventional single-family homes,and apartments,giving due
consideration to local market demands.C.Attempt to provide housing opportunities which attract
persons of all ages and income levels and which allow them the ability to maintain residence within Oak
Park Heights throughout the various stages of their lives.
RESIDENTIAL LAND USE Goal 2:Maintain and enhance the strong character of Oak Park Heights'single
family residential neighborhoods. Policies:A.Promote private reinvestment in the City's single-family
housing stock. B.Pursue the redevelopment of substandard single-family homes when it is judged not
economically feasible to correct the deficiencies.C. Encourage single family home rehabilitation
programs through the City.
RESIDENTIAL LAND USE Goal 3:Promote multiple family housing alternatives as an alternative life
cycle housing option.Policies:A.Consider the redevelopment of substandard multiple family properties
that display deteriorated building conditions,no site amenities,poor site design,or incompatible land
use patterns
14
Page 162 of 202
Attachment 6a-81 Militate Yre#1 WFast tot to Oak etricheirht. .
ROADWAY,TRAIL,DRAINAGE,AND UTILITY EASEMENT
THIS ROADWAY, TRAILWAY, DRAINAGE, AND UTILITY EASEMENT
rammer) is executed effective as of April 15th, 2020, by J K& K Group, LLP, a Minnesota
limited liability partnership(".owner'')and the City of Oak Park Heights,Minnesota,a Minnesota
municipal corporation(4Tinatee,C, "),
RECITALS
A. As ot'the date hereof,Owner is the fee holder of certain rel property located in the
Grantee City at 5676 Oakgrecn Avenue North, Oak Park Heights, MN 55052, more particularly
legally described on Exhibit A(the Wropetjv''),
B. Owner intends to grant to Grantee City a permanent, nonexclusive easement over
the Property in the area of the Easement Parcel legally described on Exhibit B which easement
generally extends over the easterly 33 feet of the Property and is for the purpose of installing,
operating, and maintaining a roadway, public trail, stormwater drainage improvements, and
utilities dedicated to the public and related structures, which easement is more specifically
described herein.
C. Grantee City desires to acquire the easement gra herein on the terms and
conditions set forth herein.
NOW, THEREFORE, In consideration of the foregoing recitals, which are incorporated
herein by reference,the Owner and Grantee City agree as follows;
I, In exchange for the fair considerations as outlined in this paragraph,, the Owner.
grants to Grantee City a perpetual easement on and under the Easement Parcel over the area legally
described on Exhibit B to access, install, maintain, operate, and repair a public roadway, public
trail/sidewalk,stormwater drainage improvements,and/or utilities and related structures dedicszed
to the public, (all collectively the `Improvements"). Such structures and appurtenances may be
installed above or below ground. This Easement shall also Include the right of temporary access
to and excavation of the Easement Parcel for construction purposes in order to exercise the rights
granted in this Easement,provided,that Grantee City shall use all reasonable efforts to accomplish
any construction work in such manner as will cause the least amount of interruption of Owner's
continued use of the Property. City and Owner agree that in lieu of a monetary payment to the
Owner from the City,the City acknowledges Owner has donated the Easements requested and as
outlined herein to the City and the Owner is responsible for determining appropriate fair market
value of the donation value, if any, for Owners' purpose, In this manner, Owner agrees it has
received fair and complete consideration from the City.
2. Grantee City shall not build or maintain, or permit to be built or maintained,any
other structure on the Easement Parcel which obstructs Owner's use end enjoyment of the
Easement Parcel of either a permanent or temporary nature„ except that Grantee City may install
improvements and structures related to the Improvements,at,above,or below grade.
Page 163 of 202
3. Grantee City shall be solely responsible for the replacement and repair of the
Improvements and other appurtenances relating thereto as described above and &hall be solely
responsible for the cost of the same.
4. In the event that Grantee City performs any repairs and/or maintenance to
Improvements and any appurtenances relating thereto the Grantee shall restore the surface to a
clean, level and/or stable condition and shall seed such areas. Beyond the Grantee City's
obligations,if the Owner desires. the Owner shall be responsible to restore any other landscaping
or any structure on the Easement Parcel or surrounding real estate that may be disturbed or
damaged by the construction, maintenance, or other exercise by Grantee City of City easement
rights provided in this Easement. The Grantee City shall however be entitled to trim or remove
any trees, shrubs, bushes or other plants or any other items on the Easement Parcel that may
reasonably interfere with the Improvements.
5. Owner agrees that other than a residential driveway and mailbox, no structures,
obstructions. or plantings will be erected or placed on the Easement Parcel, noir will any act be
performed by Owner which will interfere with or prevent exercise of the easement right,granted
in this Easement. After reasonable notice, if Owner fails to timely remove any said st neturq.
obstruction,or planting,Grantee City may remove and may charge the eat of such removal back
to Owner or to any other successor in Interest, including placing such charge on the property tax
roll as a special assessment.
6. All of the terms, conditions, covenants, and other provisions contained in this
Easement, including the benefits and burdens, shall run with the land and shall be binding upon
and inure to the benefit of and be enfbreeebie by Owner and Grantee City and their respective
successors and assigns.
7. This Easement shall be construed and enforced in accordance with the lava of the
State of Minnesota.
8. This easement sets forth the entire understanding of the parties and may not be
modified except by a written document executed and acknowledged by Owner and Grantee City.
9. The non-use or limited use of the Easement and rights granted herein shall CO
prevent Grantee City Own later use of the Easement andrights to the Evilest extent authorized
herein.
10. No violation of these restrictions shall result In a forfeiture or reversion of title to
the Easement Parcel.
11. If any term, covenant, or condition of this Easement shall be deemed invalid or
unenforceable by a court, the remainder of this Easement, or the covenant or condition,therein
shall not be affected thereby and each term,covenant,and condition shall be valid and enforceable
to the fullest extent permitted by law.
2
Page 164 of 202
12. This Easement may be signed in any number of counterparts with the same:effect
as if the signatures thereto and hereto were upon the same instrument,
13. As a further benefit to the Owner,if the Grantee City desires to improve Oakgreen
Ave or install any related elements such as trails and that materially impacts the Owner's driveway
along Oakgreen Ave,the Grantee City shall at no further expense to the Owner*ace the exert
gravel driveway at its current location along Oakgreen Ave. with a similar structure and shall
complete such structure with asphalt. If the Grantee City elects to make any such improvements
to Oakgreen Ave or its related elements,the Grantee City may enter onto the Owner's property for
reasonable and temporary construction purposes and shall restore all such impacted areas at no
expense to the Owner.
14. The Owner does anticipate the future submission of a redevelopment proposki to
the Grantee City, however as of the date of this Agreement that proposal or timeline is not yet
identified. At such time a bona-fide proposal is pursued by the Owner,the Grantee City shah ant
in good faith to review and accommodate reasonable adjustments, as determined by the Grantee
City,to the conveyed easement if requested by the Owner.
[Sign tturo and acknowledgment pages Follow.)
3
Page 165 of 202
IN WITNESS WHEREOF,the parties executed this Easement effective as of the above date.
OWNER: 3 K&K Group,LLP,
a Minnesota limited liability partnership
0 c,,N 4 31-
Ey: ,�
Nance: _ : .. . \,,r?—'--,
Its: Managing Partner -, _
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
'..I_ Ise foregoing instrument was acknowledged before me this "day of I I a 4a,,,,)� . 2020.,by
r4- i t ?i(4 ft, the managing partner on behalf of J K&K Oroup,'f�41',
P
otary Public
My commission expires; ...1 &4 c--
` °
2,1*4 SHARON L, KORS,N
r74. Notary PAINc44InnosorA
OGEE CITY:
CITY OF OAK PARK HEIGHTS,
4IPa Minnesota mu pal corporation
•
Ey: Vis. !' By:
Name: ' McComber Name:Eric ohnson
Its: •r Its; City • dministrator
STATE OF MINNESOTA )
)as.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this qday of .i . . 2Q2Q by
Mary McComber, the Mayor of the City of Oak Park Heights. and Eric hlnson.. the City
Administrator of the City of Oak Park Heights,a Minnesota rnun i l oor r ion,
} J +IIFER M PiI4SKI t' Rub? ` .` _
, NOTAIIVPIJF , $OT'A s` My commission epires;4.titil t 1,
:1° - 4
Page 166 of 202
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL#:0502920140004
All that part of the North Half of the Southeast Quarter of the Northeast Quarter of section 5,
Township 29, Range 20,described as follows:Commencing at the Southeast corner of said North
Half of Southeast Quarter of the Northeast Quarter; thence North along the East line thereof 182
feet to the point of beginning;thence continuing Northerly along said East line 218 feet to a point;
thence West and perpendicular to the last described line 200 feet to a point; thence South and
parallel to the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point;
thence East and perpendicular to the last described line 200 feet to the point of beginning,
Washington County, Minnesota. Subject only to liens and encumbrances of record.
Map shown for Reference ONLY:
an 40." 41010. After arm. Mau
lt
�J -- i ` 1' , "'. 4 '+rte► .1 i ` #
i'
' ler 1 le) •••••--* 111*,404"11r
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Page 167 of 202
EXHIBIT U
LEGAL DESCRIPTION OF EASEMENT PARCEL
EASEMENT DESCRIPTION
A permanent easement for ROADWAY,TRAILWAY,
DRAINAGE,AND UTILITY purposes over,under,and OAK PARK HEIGHTS. MINNESOTA a;,
across that part of the North half of the Southeast Quarter
of the Northeast Quarter in Section 5, Township 029, ,s;,, eon. , �,:,;-
Range 20,Washington County,Minnesota described as "�'
follows: r..e et. .. ... ":�:; i . .
1,t,1,t,
Commencing at the southeast corner of said North half of lc / .
the Southeast Quarter of the Northeast Quarter; thence ..so ate` "ft Vi„ ,
North 01 degrees 03 mimosa 16 seconds West assumed t, , ' ;Aa
bearing along the east line thereof,a distance of 182.00 ., •,' �, :; .�
to the point of beginning;thence continuing along said a r;;, r• : 71-
east line North 01 degrees 03 minutes 16 seconds West, ari
a distance of 218.00 thence South 88 degrees 56 z r,,e:;ar ;Ar y;
minutes 44 seconds West perpendicular to last describe ® -u " r , : #
tine,a distance of 44,16 f thence Sauter 30 degrees 51 ,a 't
minutes 43 seconds East, 15.80 feet; thence southerly �, <,e_ '`'`' �'
13.01 feet along a tangential curve concave to the west
,• ,r X.
' `y
having a radius of 25.00 feet and central angle of 29 a„e,,,.,o:.oma ., - `" r'•
degrees 48 minutes 27 seconds;thence South 01 degrees . ._. _ 'M... 2 Ket, ,
03 minutes 16 seconds East tangent to last described °-r,.: ',
curve,191.86 feet to a paint on the south lune of a certain
tract described in Deed Document No. 3067333, said mama owicpwigla 9, 3
Washington County;thence North 88 degrees 36 minutes " d�":.e'""ri t {. .�. "! "40,-,„;"'•�•"" `
lis' >b it .�ieb"�e ,�.� x+�'w°'m� R
44 seconds East alongsaid south lin 33.00 Meet to the °+ * . ;1 41 Vase n-,4
ICEIrpoint of beginning. a�.. u . ittia w ei
IMAGE SHOWN FOR REFERENCE ONLY P.rN+ .., tl wg�swa1. 6 isa,
r
6
Page 168 of 202
Attachment 7S-7d Linear Trail Details
MEMORANDUM OF AGREEMENT
AND SUMMARY OF LAND AND
PARK DEDICATION CHARGES
WHEREAS,by the second amendment to a development agreement dated May
of 2000 between Valley Senlof Services Affiance and the City of Oak Park Heights,Valley
Senior Services Alliance agre'ed to sell lands denoted as the"Naar park"to the City of Oak PPatic
Heights for the price of$1.40 per square foot;end,
WH AS,said Jana approximate 4.56 koro and were to include a SO foot
wide strip or tract of land adjacent to the Riverhilla Develoment,being a strip or tract of land
150 foot wide as measured from north to south and ring east to west along the crag border
of the Rivethills Development,commencing on its east side with the right-of-way of Oakgrecn
Avenue and terminating on its west side with the current w eetern boundary of the plat of
Boutwell's Landing;and,
the City of Oak Park Heights and Valley Senior&MOW Alliance
agree that the City would acquire that property at its options for the price of$1, per,Rare
foot,or fora total accumulated price of 5278,546.10;and,
WHEREAS,Valley Senior Services Alliance acknowledges that it had inter in
real estate north of 584 Stmt;and,
WIRREAS,Valley Senior Services Affiance Irh conjunctionwith Aveltobaypro,
Inc.projected a Phase I Development for a project termed"Oakgry,Village"in 2003 that wv
to contain 87 townhome units,the site being north of 58th Street Nortix and west of O
skgreen
Page 169 of 202
•
Avenue North,with a concept plan for the area that was approved with conditions by the City
Council in May of 2003. The projected cash park dedication fee for Phase I of Oakereera Ville
that were approved in 2003 projected the payment of a park dedication fee to the City of Oak
Park Heights in the amount of$283,000.00;and,
WHEREAS,Phase I of Oakgreen Village as proposed in 2003 did not proceed to
completion at that time and no development agreement was signed by Valley Senior Services
and Anchbaypro,Inc,;and,
WHEREAS,both Valley Senior Services and its partners,relative to
development of property north of 586 Street that it owes,acknowledged that the cashpark
dedication fee that will be due from their lands is well in moss of the$278,546.1D that it will be
paid by the City of Oak Park Heights for the acquisition of the aforementioned linea;park;and,
WHEREAS,the parties desire currently to convey to the City of Oak Park
Heights the linear park previously referenced in the May,2000 second amended agreement to the
development contract,with the conveyance occurring concurrently with the a►ecu ism of this
agreement;and,
WHEREAS,the parties are also in agreement that the$278,546.10 owed by the
City of Oak Park Heights to Valley Senior Services Allianeo relative to the aequis tion of the;
aforementioned linear park should not be paid at the present time,but should be creditedagaieet
the payment that will be due to the City of Oak Park Heights from Valley Senior Services
Alliance relative to the development of its lands north of Se Street at and when such time as
those developments have occurred.
NOW THEREFORE,be it agreed by and between the parties hereto as follows;
Page 170 of 202
1. Tine Valley Senior Services Alliance shall convey by marketable title that
area formally designated by the parties as the linear park to the City of Oak Park Heights,
convoying same by Warranty Deed to the City of Oak Park Heights.
2. That the City of Oak Park Heights shall receive the deed and
acknowledges that it owes the Valley Senior Services Alliance an ecknowledgment of the receipt
of same an acquisition price of$278,546,10.
3. That Valley Senior Serve ewes to defer receipt of the payment fmnx
the City of Oak Park Heights without interest and agrees that the City should wait upon malring
any final payment to the Valley Senior Services Alliance until such time as Valley Senior
Services Alliance,or its partners,real estate holdings lying north of 58*Std within the City of
Oak Park Heights have been developed,it being agreed by the parties hereto that any and all perk
dedication fees that would otherwise be payable to the City of Oak Park Heights relative to Besse
developments would be offset from the amount that is owed by the City of Oak Park Heights to
Valley Senior Services Allienee for the acquisition of the UAW ,
J1 WOTMSS WHEREOF,the parties have agreed and haVt executed this
Memorandum of Aet and will implement the transactions noted,is sin forthwith.
Dated this day of 200c
(Y
, . /CTBEI N:
hdr r!? 14
i r
By: . . t ` __
Davi. Bea Its Ma... /
By. __ _ -4Y
Brie J :- .
Its Cl'•AdministMor
Page 171 of 202
Dated this day of 20
VALLEY SENIOR SERVICES ALLIANCE
Sy: s
0044
/IF q _
Page 172 of 202
Avaschn nt 6-Public Outreach Neighbor Meetings
Our Neighbors
Dear Kayleen,
My name is Jaime Junket and my wife Maureen and I are the owners of the home at the corner of
Oakgreen Avenue and Sea along with the lot next door to the West fora tote l of about 3 acme. I em
writing to Introduce ourselves and tell you about our proposed plans to replace the current 100,yeer-old
home and build owner pled residences where we plan to live. Our pry will continue with Oak
Park Heights in the next few weeks. Recently we met with the City std and car planner ami.introduced
the project to them. The project has been designed with our neighborsa in mind and we are confideet
that it will be complementary to your home investment and to the neighborhood,
By way of an introduction,I grew up at our family home in Oak Park Heights on 63"r street north end our
first home was on Ojlbway North,just a few blocks from you. We have owned the Oakgreen property
for over twenty years. We feel it Is now time to take the site to the best possible use and that is owner
occupied homes In smaller buildings with many windows and ample open area. The project is designed
to maximize green space while leaving as many trees as possible,
Walk-a-Bout Oak Park Heights,MN has been designed to take advantage of the walking and lek
ft
trails around Oak Park Heights and to have owners that want a simple and healthy lifestyle with access
to the trails and bite paths in the area. Uniquely situated with walking paths on all three sides of our
property,the name'Walk-a-Baur was chosen to symbolize how a true search for happiness In our lives
often-times leads us on the path of the most bask and simple things. Personally,my wife Maureen end I
have lived on a farm to the East for the last twenty years as we raised our family where we are hay and
cattle farmers. We have enjoyed the physically,often-times demanding daily activities of farm life,but
It Is time for us to mom to our next chapter and what better way than to live In a heeitieconscious
neighborhood and return to our roots in the Oak Park Heights community.
with that,the city staff gave us valuable guidance that It would be possible to use the city meeting
rooms to share our plans with you. We would like to personally invite you to one of the following visits;
Tuesday May 17th 10:30 AM or 6:30 PM
Wednesday May 25th 1040 AM or 6:30 PM
Those visits err natseoesered 6v the¢revs The time will give us an opportunity to show you the plans
that we previously shared with the city in advance of the public hearing at the city,we will answer your
questions,and take feedback from you. It will be an informal discussion of the protect.
We look forward to meeting with you at one of the four times above at the city hall.
Sincerely,
Jaime Dunker
Jaime junker • J K&1k Group, LLP • 11550 Stillwater Blvd North,Suite 106 • Lake Elmo, MN 5504P
Page 173 of 202
Mary McCombs('Mayor Eric A Johnson,City Admhnistrator
Chuck Dougherty,Councilmembar Jennifer Plnskl,Assistant aty Administrator,city Clerk
Carly Johnson,Coundknember Julia Hultman,%ading Ctmdal Monolog&Code
Mike Uljegren,Counciimember Lip Danielson,Arborist
• Mike stunk,Counclimember Mary Salter,Administration
Andrew Kegley,Public Works Director
Dear Mayor McComber and City Council,City Administrator,City Assistant Administrator and Staff,
Thank you for allowing us to use your beautiful fedilty to conduct neighbor meeting for Walk-a.-bout at.
Oak Park Heights,MN USA, Tho meetings were well attended with Many ext elient comments on how
we could improve our project to be responsive to the adjacent neighbors. Although,as expecte ,some
• adjacent neighbors attended end communicated their concerns,the meetings were else atter and
supported by other adjacent neighbors with very different(and very positive)viewpoints in support of
Walk-a•BAut.
As we prepare to submit our application to the qty staff and planning group.wm continue to mete
adjustments to the project based on the neighbors'comments. We plan to be reeponakely balanced to
ell those that attended the neighbor meetings as we submit our application,
my summary of the four meetings is attached.
Again,thank you for the use of City Hall for this purpose,
Respectfully submitted,
411110111111.
Jaime Junker,For 1 K L K Group,LLP
Jaime Junke r o ill es L.Group,L1Z • 11650 Shchvaser Blvd North,Sine 108 • Lake Zhao,W4 66041
Page 174 of 202
We sent the residents nearest 5676 n two separate meeting Menagerie by sewing thief within
300 feet an initial letter and also including them on the mute. There were approdniatek 05
residents on the first list, A week later,we sent out letters to on additional 265 _
lettters)within a radius q'� o'er , AP q`�, own again indodeel
th t second letter invitation.
Those attendig were given the some site plan and rendering s two,Sotaiybundings with undergranad
paw that the cttystaff was given in March on our:Dam keit
Following is a summary of the neighborhood meetings held at the City of Oak Perk Heights for the
upcomby project at 5676 Oakgreen avenue.
meeting 1 may May now=AM The rung was attended by Dr Lois Hall,of Nal Chiropractic
and two city poke department members who stopped In to see pictures of the project and said hello.
The officers didn't attend the meeting but ware complementary about how It looked. Dr,Lola Hell liked
the project and wle support it.
Meeting 2 Tuesday May 17th MO PM The meeting was well attended,we needed to bring in about
ten additional chairs to the small room at city tall. It was a mix of neighbors both immediately
• adjacent to and around the proper y. A hew CIA Pad(Heights residents that heard through the grape
vine showed up. For the first half hour,the adjacent neighbors'peppered lelree with questions end
were quite vocal. Their main concerns wean 1Treffic,2 building nut to the but` (green
end the third floor. One neighbor objected that the project would be profitable,. tcorrected hb fad
thet he shared with everyone at the meeting that our ownership group had paid$221,000*the
property. I explained Ns numbers were in error and omitted a second lot purchased from Presbyterian
homes. Near the end of the mating one attending asked,'where do you go from here Jaime?,and I
stated that I would go back to my architects and see If we could split up the entrance/s dt from only
the one on Oakgreen Avenue,to having the West Biding entrance/exit ento Bleb. I stated the benefit
would be to split the access points In two and to add more green space on our property by reducing the
paved area to the south of our property between the West building which would now exit onto BP if
that was posse*. That idea did seem to have merit with those neighbors In attendance.
Another adjacent neighbor said we had a poor track record of maintenance. He tried to get she oars
in attendance to reject the project"on our maintenance record alone,end one neighbor objected to his
approach and said,'don't you feel that is taller?We came to learn about the project,and we are not
here to vote tonight.' i explained that I behaved that In 22 years of awning the properties,the city has
contacted us a total of three times. I would request the file to the city where I believe that entre a tree
fled and the city contacted me to remove it,once the grass was getting lam at the corner where P
renter mid he was having trouble getting his taw mower in after some ate were left after a project at
the corner,and once the porch roof needed repair. i told the men*death of the three times there
. was any commurdeadon from the city over 22 years,I felt I responded appropriately and thnefy, upon
review of the cityy line for our property which I recehhred from Eric Johnson,I confirmed my rime
were accurate. Additionally,I make note that the adjacent residents'comment&at the nelghber
meetings bare striking resemblance to a city of Oak Park Heights document I obtained 6-10-14
when reddens spoke In sianllar Cashion against the Palmer Station project.
After approximately a half hour,I stated thaet it seemed to me that there might be a silent majority kt the
room,and I asked If there ware any in attendance that liked tie project? Mr.Neff who lives in the
Qsl enecIeasd that ha was usually in the silent msjatty and that smr�ne krf t alters
)chime Jornber ®J K k L Geoff,LLP . 11550 Stillwater Blvd North,thdte 100 . Lake Zhao,MN 55041
Page 175 of 202
Page 2
weren't speaking objectively and that he was In favor of the project, He also stated some of the
neighbors that apparently came in unison to object were angering him and they weren't speaking with
facts. Robin and Dave Schell who live at Sunnyside made a couple of comment;In favor of the project
First,everyone has traffic,and we all need to adjust to it,Second,most developers don't contact the
neighbors beforehand like Jaime and Maureen are doing tonight which could Allow adjustments to be
made before the application is submitted. Third,the tax revenues the project would thing are
important to them as taxpayers and an opportunity for the city and they believed other residents would
be in favor of the project also.
Neighbors pressed Mr.Neff,"what do you like about the project?" He said,"it looks nice,it is ready to
go right now for the city,I support the project." When pressed by the adjacent neighbors,"how about
two floors Jaime?"Mr.Neff raised his hand and said,"who in this room believes like this 86-year-old
resident that we live In the 21"century? How about 5 floors?he asked them". At that point,the
meeting changed pretty dramatically,and the discussion became much more balanced.
Meeting S Wednesday May 2 2t)t3O AM The meeting was attended mostly by residents from the
Oakgreen condominiums adjacent to city hall. There was also one resident from the close in
neighborhood Inc single-family home and one neighbor neer the buffer tone, in summary of the
meeting,all the neighbors In Mr.Neff's same development supported the project"the neighbor adjacent
to the buffer tone was dearly vocal and opposed to the project, I asked the senior couple nee Vv.end
of the meeting that we hadn't heard from,if they wanted to tell us about themselves? They saki the
supported the project and actually,they would consider living there so they could stay in Oak Perk
Heights. All the neighbors supporting the project said three fioors didn't botherthem at ail. One senior
woman living in the Oakgreen towrihomes asked,"Jaime,can you put in a coffee shop,so we have a
place to meet within walking distance to meet neighbors?"
meeting 4 Wednesday May 23"'5:30PM was similar to meeting 2. Over half of the people in
attendance were also at meeting 2 the prior weak. Much of the meeting focused on traffic. I said if we
can find traffic counts,we will be able to put into perspective the percent Increase an additional 56
homes would create. I will ask the city for traffic counts,or we will provide them from a traffic study we
will complete as part of the eppllcation process.The people In attendance edje c ant to the buffer wee
objected to the third floor and asked if we could do just two floors. A common comment was that they
realized something would be built at our site at some point. In terms of three floors vs two floors,i said
the picture that I was showing them was the sari e building rendering we showed the city staff in March.
The third floor was needed to provide the funds to pay for the underground parking which had many
benefits to preserve green space and save trees. I asked the neighbors if we received any good will In
their eyes from donating the walking path along Oakgreen and they said yes,but they wished it would
have come sooner, i said that we donated it in the same spring of the year:that Mr,Johnson,city
administrator met meat the property to tell me about the walking path idea.
i feel the meetings went well and I left with Ideas,especially relating to splitting the entrance/exit from
Oakgreen to be responsive to those homes to the south of our property end will discuss with our
design team and attempt to adjust our plans accordingly with en entrance/exit onto 58th.
Respectfully submitted,
is ma Junker,J iS& Group,UP
Page 176 of 202
Attachment 9 - Change is Very Difficult For all of us
How Do We Improve Our Circumstances without Change?
"The secret of change is to focus all of our energy not on fighting the old, but
on building the new" -Socrates
"Since we cannot change reality, let us change the eyes which see reality."
Nikos Kazantzakis
"To improve is to change; to be perfect is to change often." -Winston Churchill
"Our dilemma is that we hate change and love it at the same time; what we
really want is for things to remain the same but get better." -Sydney J. Harris
"All great living commences with a person's quiet realization that they will
never play the coward's role" Originator upon request from Jaime
And from Pink's song, A Million Dreams:
Cause every night /lie In bed
The brightest colors fill my head
A million dreams are keeping me awake
I think of what the world could be
A vision of the one/see
A mi//ion dreams is a//It's gonna take
Oh, a million dreams for the world we're gonna make
However big however small, Let me be part of it all
Through the dark, through the door
Through where no one's been before
But it feels like home
They can say, they can say it all sounds crazy
They can say, they can say We've lost my mind
I don't care, I don't care, if they call us crazy
We can live in a world that we design!
Want to listen to Pink's Inspiration?Google YouTube,Pink A Million Dreams(From the Greatest
Showman)
15
Page 177 of 202
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el:4 5
THE R EAT I V E COMPANY
PRESS RELEASE
For Immediate Release
u Twtx t a' "Share::
Who Says You Can't Go (Back) Home? 1980 Pony Baseball
Captain Asks Oak Park Heights to Approve First Step for
Walk-a-Bout Condos
OAK PARK HEIGHTS,Minn.(Aug.1,2022)---Walk-a-Bout @ Oak Park Heights,Minnesota,USA—
a 36-unit condominium residence—is taking the first steps to be built on a pair of lots Jaime Junker
has worked hard to purchase over the last 24 years.
The community will like the project at 58th St.N and Oakgreen Avenue because it is complementary
to the existing neighborhood residential home values and will add residential diversity to the City of
Oak Park Heights.
"We created Walk-a-Bout to be complementary to the City's 25-year strategy of building extensive
walking and biking trails throughout the city,'Junker said.
The site has one of the highest"walkability scores'to travel for daily living tasks by foot or biking to
neighborhood businesses,which perfectly fits in with the strategy on traffic in the City Council's
Comprehensive Plan.The three-acre Walk-a-Bout site has walking and biking trails on all three sides.
Junker is asking the Oak Park Heights Plan Commission to review and recommend a change to
density for the site to the City Council at their Aug.11 meeting.This is the first step.
"We are asking them to change the Comprehensive Plan to be closer to where it was in 2018 to allow
a higher density,"Junker said.
It's normal for properties near the transition of lower density to higher density to have significant
debate until the point the sites are ultimately determined for their end use.Adjacent to the Walk-a-
Page 184 of 202
in
place.
The City of Oak Park Heights purchased the buffer property in 2006 to help transition the zoning
districts so that everything north of the buffer zone could be at a higher density.The buffer zone is
150 feet wide with thick,mature trees 40 to 60 feet tall,taller than the Walk-a-About buildings will
be.
The buffer zone meets the City's standard for screening between zoning uses—low density vs. high
density--as spelled out in the City's Comprehensive Plan.
"Plus,everything across the street to the north is already high density,with 72 units recently
completed,We're already consistent with what is around us from a density perspective,"Junker said.
Walk-a-Bout would break ground in the spring of 2023 and be completed in one year.Junker's
consultants expect the project to sell out within 120 days of completion.
Walk-a-Bout residences will attract people who want access to the Oak Park Heights trail system,
such as health-conscious families with a strong desire to take that daily walk with a friend,peddle
their bike across the City,or meet a family member at one of the fantastic parks for a visit.
'We donated an easement to the City of Oak Park Heights in 2019 for the trail along our property
connecting to the City's trail system.In the coming years,the City's investment in the trail system will
prove to be strong;we wanted to do our part,"Junker said.
On Thursday,Aug. 11,we will be looking at an"absolute masterpiece."
"The'masterpiece'I'm talking about is the Oak Park Heights Comprehensive Plan put together by a
number of the existing Plan Commission members,the City staff led by Eric Johnson,city
administrator,and building official Julie Hultman and Scott Richards,long-time Oak Park Heights
consultant of the City from The Planning Company,City Council and other volunteers,"Junker said.
Kevin Sandstrom from the iconic St.Croix Valley law firm Eckberg Lammers anchors the compliance
responsibilities of the City Planning team.
'Oak Park Heights emphasizes doing things right,'Junker said.
The Comprehensive Plan is a remarkable accomplishment and vision.If followed,it will lead the City
of Oak Park Heights to overcome revenue obstacles for the next 30 years.
'By studying the Comprehensive Plan, I came up with more than a dozen areas of the comprehensive
plan in addition to the existing 4.5-acre buffer zone along our property that we comply with for a
higher density.We meet all aspects of the Comprehensive Plan for a higher density. I've shared the
application with many residents of Oak Park Heights,and the informal verdict is that we are clearly in
compliance with the Comprehensive Plan,'Junker said.
The objectivity and vision of the Comprehensive Plan will allow the project to move forward.
'We are not asking the City for expensive changes such as new roads,"Junker said.
As designed,underground and on-site visitor parking at Walk-a-Bout will allow for not even a single
car to be parked on the adjacent city streets.This is one of the reasons the project stacks up well
with any annexation choice the City of Oak Park Heights may consider in the future.
Page 185 of 202
New homeowners want a'transformational home experience,'they don't just want a house anymore.
They want to come to Walk-a-Bout @ Oak Park Heights,Minnesota USA to make that investment,
and you could say,'walk all over the city trails,'"Junker said.
This will be an economically efficient addition to the City compared to other alternatives.Besides,
very few buildable residential sites are left in the City per the Comprehensive Plan.
°I grew up in Oak Park Heights. My wife Maureen and I started our family in our first home just two
blocks from the property.For nearly 25 years,we have lived on our hay and cattle farm in Forest,
Wisconsin.It's time to Go Back Home.We will have a residence at the project,"Junker said.
Who says,"You can't go Homer
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Page 186 of 202
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CREATIVE
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The Creative Company
622 W Washington Ave,Suite 101
Madison,WI 53703
Preferences I Unsubscribe
Jaime Junker
651-246-1058
jaimecpa@aol.com
Page 187 of 202
Eft )
Julie Hultman
From: Bob Deutsch <robertdeutschsw@gmail.com>
Sent: Tuesday,August 2,2022 3:38 PM
To: Julie Hultman
Subject: condominium project at 5676 Oakgreen Avenue
Good afternoon
My name is Robert Deutsch. 'have been a resident of Oak Park Heights for the past 45 years.
I have looked over the application for a Comprehensive Plan Amendment for a condominium project at 5876 Oakgreen Avenue that is
going to be heard at city hall on August 11th.
This Walk-a-Bout has two buildings of 18 units each.Each has three floors.This proposal by Jaime and Maureen Junker has a buffer
zone which is 150 feet wide with thick mature trees 40 to 60 ft tall.This zone would make the condominiums invisible to the adjacent
properties. I feel this proposal is in compliance to the Comprehensive Plan for higher density as the 72 units which have been recently
completed across the street to the north.
I believe this project Is a good fit for Oak Park Heights and fits in well with the 2018 Comprehensive Plan. I see no reason for the
Junker property to become a buffer for the buffer zone behind them.
Thank you for your precious time and consideration.
Robert and Mary Deutsch(residents of Oak Park Heights)
1
Page 188 of 202
Junker Comprehensive Plan Amendment-
Exhibit 6: Community/Neighborhood Comments
➢ Additional Comments Received After Meeting Packet Distribution
Page 189 of 202
From:DAVID SCHELL
Sent:Sunday,August 7,2022 1:07 PM
To:Scott Richards
Subject:Walk-a-bout project
Hi Scott
I support the walk-a-bout project. I think Oak Park needs more Condo's.
They are a nice transition tool going from a big home till the time you need
to go in a nursing home.
Dave Schell
Sunnyside two
Page 190 of 202
0 Clyde W. Saari
6165 Beach Road North, Apt. #4
Oak Park Heights, MN 55082
August 8, 2022
To: Oak Park Heights City Staff and Consultant,
Plan Commission, City Councilmembers, and
Mayor
RE: Walk-a-Bout Public Hearing August 11, 2022
This letter is respectfully submitted in support of the proposed Walk-
a-Bout condominium residence in Oak Park Heights. I am a resident of
the City at the address shown above.
The Comprehensive Plan highlights the urgency to secure new long-
term sources of property tax revenue for the City in light of the
anticipated Allen S. King plant closure by 2028. Walk-a-Bout would be
an excellent addition to the community in that regard with 36
residences in 2 newly constructed buildings.
The location of Walk-a-Bout also appears to be well suited to the area
with existing mature natural buffer zones in place with respect to the
other residences in the neighborhood, 58th Street North and Oakgreen
Avenue North.
Page 191 of 202
Finally, this project is a significant, immediate investment on the part
of the Applicants in this community, they have clearly made every
effort to seriously consider and comply with the goals enumerated in
the Comprehensive Plan and it appears to be consistent with the long-
term vision for the City.
Thank you.
Clyde W. Saari
(651) 253-4702
Page 192 of 202
From:Carol d.Johnson
Sent:Monday,August 8,2022 11:48 AM
To:Eric Johnson`eajohnson@cityofoakparkheights.com>;Julie Hultman
<jhultman@cityofo akpa rkheights.com>
Subject:Support for Walk-a-Bout scheduled for public hearing 8-11-22
Sent from my iPad
August 8,2022
I attended a breakfast that Jamie&Maureen Junker invited me to on 8-4 to introduce us to their plan
for the Walk-a-Bout building project. I raised my 4 children on 64th street in Oak Park Heights which
was in the same neighborhood that Jamie grew up. He was one of the neighborhood kids that played
together.
Recently we had Clyde's daughter&7 year old granddaughter&4 year old grandson here for a
visit. They live in Florida. We took advantage of all of the parks&playground facilities that we have in
our community.They kept saying that they wished that they had even half of what we have here in their
area. It makes the statement that Oak Park Heights has done a great job planning&developing our city.
Looking to the future I am very concerned about the loss of King Plant on our tax base. I am retired,on a
fixed income,which makes raising our taxes to make up for King Plant very concerning for me as well as
many other people in my same circumstances.
I feel that the Walk-a-Bout project is going to bring in more revenue to our tax base&I am in support of
it. We went and looked at the property&found that it has a large buffer from the surrounding
properties. I also looked over the Comprehensive Plan that has been changed since they purchased
their property from Medium Density Residential to Low Density which is now a problem for them.
I know all of you have the best interest for our City in mind as you decide on issues like this.The plans
for his Walk-a-Bout Condominiums look beautiful and I think they would be a great addition to our
City. I am asking that you let their project move forward.
Thank You
Carol Johnson
6165 Beach Road N.#4
Oak Park Heights,MN.55082
Page 193 of 202
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Page 194 of 202
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: August 17, 2022
RE: Oak Park Heights — Comprehensive Plan Amendment - 5676
Oakgreen Avenue North
TPC FILE: 236.02 — 22.06
BACKGROUND
Jamie Junker (Applicant) representing J K&K Group, LLP has made application for a
Comprehensive Plan Amendment for 5676 Oakgreen Avenue North. The land use
classification of the property is Low Density Residential in the Comprehensive Plan
2018. The Applicant is considering two buildings, each three stories, with a possible
total of 36 condo units. The Low Density Residential classification is not consistent with
the proposed density, so the Applicant has applied for a Comprehensive Plan
amendment to change the land use classification to High Density Residential. The
details of the project are not being considered at this time, only the land use
classification.
The Planning Commission at their August 11, 2022, meeting held a public hearing, took
the Applicant's and the public's testimony, and after careful consideration of the
application unanimously recommended denial of the Comprehensive Plan amendment.
The findings of fact that the Planning Commission used to make that recommendation
are found below and in the City Council resolution
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report/Memorandum with Exhibits —August 4, 2022
CONCLUSION/RECOMMENDATION
The Planning Commission did not recommend a Comprehensive Plan amendment to
change land use classification from Low Density Residential to High Density Residential
Page 195 of 202
for 5676 Oakgreen Avenue North. That recommendation is based upon the following
findings. The City Council should consider these findings and the draft Resolution of
Denial that is an attachment to this report.
1. The proposal for up to 36 units exceeds the allowable density of 28 units at the
high density category.
2. The subject area was designated as Low Density Residential in the
Comprehensive Plan 2018 to maintain land use consistency with the established
single family neighborhoods to the south. 58th Street was seen as the transition
point from low to higher density development.
3. There is a need for additional low density/single family development in the City.
There is almost no developable land available for additional low density
development. The Comprehensive Plan encourages continued development and
redevelopment in all density levels. There is more acreage available for mid and
high density development in other parts of the community.
4. The Comprehensive Plan 2018 designated the subject property as low density to
preserve the small town, single family character of this neighborhood.
5. There are community and Staff traffic concerns with more than a low density
development at the corner of 58th Street and Oakgreen Avenue. The intersection
sees high traffic volumes and some back-ups at the four-way stop during peak
times. Issues with the driveway access and separation distances to the
intersection are a concern.
6. The subject property was designated as low density residential to be consistent
with the low density land uses to the south and east. There are concerns with
accessibility and traffic, especially near the intersection of 58th Street and
Oakgreen Avenue. A lower density development would reduce the daily trips in
and out of the development.
7. The proposal to change the land use map to high density, rezone the property to
R-3 Multiple Family Residential District, and construct up to 36 condo units would
be an over-intensification of the property. While the City could potentially provide
the area with utility services, access and traffic with this proposed high density
development raises concerns.
8. A high density development in this area would be an impact to the neighborhood
to the south. While the 150 foot buffer area does provide separation, there would
be greater impact to the neighborhood with a high density development of 36
condo units in a three story building than a six unit low density single family
neighborhood.
Page 196 of 202
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 COMPREHENSIVE PLAN AMENDMENT TO
CHANGE THE LAND USE CLASSIFICATION FROM LOW
DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL FOR
THE PROPERTY LOCATED AT 5676 OAKGREEN ANENUE
NORTH BE DENIED
WHEREAS,the City of Oak Park Heights has received a request for a Comprehensive
Plan Amendment to change the land use classification from low density residential to high
density residential for the property located at 5676 Oakgreen Ave.North, City of Oak Park
Heights, and the Planning Commission of Oak Park Heights recommended that the
application be denied based upon findings of fact. The City Council of the City of Oak
Park Heights makes the following findings of fact and resolution:
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. In 2018, as the Planning Commission and City Council discussed the
Proposed Comprehensive Plan Land Use Map, the subject property was considered and
specifically called out on page 75 of the Comprehensive Plan 2018 as low density infill
development that could accommodate six family homes; and
4. The Planning Commission recommended, and the City Council
determined that the area south of 58th Street and Oak Park Blvd, adjacent to Oakgreen
Avenue should be developed as low density residential. As such the land use
classification for the subject property changed from mid density residential in the 2008
plan to low density residential in the 2018 plan. The reasons this change was made
included the following:
Page 197 of 202
a. Land use consistency with the established single family neighborhoods to
the south. 58th Street/Oak Park Blvd were seen as the transition point
from low to higher density development; and
b. Traffic concerns with more than a low density development at the corner
of 58th Street and Oakgreen Avenue. The intersection sees high traffic
volumes and some back-ups at the four-way stop during peak times. Issues
with the driveway access and separation distances to the intersection were
a concern. Lower density development was determined to be less of an
issue for the intersection; and
c. Desire to add additional low density/single family development to the
City. There is almost no developable land available for additional low
density development. The Comprehensive Plan encourages continued
development and redevelopment in all density levels. There is more
acreage available for mid and high density development in other parts of
the community; and
4. The Applicant has proposed a high density condo project referred to as
Walk-a-bout @ Oak Park Heights; and
5. The existing low density residential classification is not consistent with the
proposed density, resulting in the Applicant applying for a Comprehensive Plan
amendment to change the land use classification to high density residential; and
6. The property is zoned 0 — Open Space Conservation District. The condo
project cannot be constructed under this zoning classification. If the Comprehensive Plan
amendment is approved, the property would need to be rezoned to R-3 to allow for the
multifamily development that the Applicant has proposed.
7. City staff prepared a planning report dated August 4, 2022, reviewing the
request; and
8. Said reports recommended denial of the comprehensive amendment
subject to findings of fact; and
9. The Planning Commission held a public hearing at their August 11, 2022,
meeting,took comments from the Applicant and public, closed the public hearing, and
recommended that the application be denied based upon findings of fact.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL
DENIES THE FOLLOWING:
A. The application submitted for a Comprehensive Plan Amendment to change the
land use classification from low density residential to high density residential for the
Page 198 of 202
property located at 5676 Oakgreen Ave.North, City of Oak Park Heights, and affecting the
real property as follows:
SEE ATTACHMENT A
Be the same as hereby denied by the City Council of the City of Oak Park Heights with
the following findings of fact:
1. The proposal for up to 36 units exceeds the allowable density of 28 units at the
high density category.
2. The subject area was designated as Low Density Residential in the
Comprehensive Plan 2018 to maintain land use consistency with the established
single family neighborhoods to the south. 58th Street was seen as the transition
point from low to higher density development.
3. There is a need for additional low density/single family development in the City.
There is almost no developable land available for additional low density
development. The Comprehensive Plan encourages continued development and
redevelopment in all density levels. There is more acreage available for mid and
high density development in other parts of the community.
4. The Comprehensive Plan 2018 designated the subject property as low density to
preserve the small town, single family character of this neighborhood.
5. There are community and Staff traffic concerns with more than a low density
development at the corner of 58th Street and Oakgreen Avenue. The intersection
sees high traffic volumes and some back-ups at the four-way stop during peak
times. Issues with the driveway access and separation distances to the intersection
are a concern.
6. The subject property was designated as low density residential to be consistent
with the low density land uses to the south and east. There are concerns with
accessibility and traffic, especially near the intersection of 58th Street and
Oakgreen Avenue. A lower density development would reduce the daily trips in
and out of the development.
7. The proposal to change the land use map to high density, rezone the property to
R-3 Multiple Family Residential District, and construct up to 36 condo units
would be an over-intensification of the property. While the City could potentially
provide the area with utility services, access and traffic with this proposed high
density development raises concerns.
8. A high density development in this area would be an impact to the neighborhood
to the south. While the 150 foot buffer area does provide separation, there would
be greater impact to the neighborhood with a high density development of 36
condo units in a three story building than a six unit low density single family
neighborhood.
Page 199 of 202
Mary McComber,Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 200 of 202
ATTACHMENT A
Comprehensive Plan Amendment
Land Use Change Classification
From
Low Density Residential
To High Density Residential
Jaime Junker—JK&K Group,LLP
5676 Oakgreen Ave.N.
Washington County Property Identification Numbers: 05.029.20.41.0004
Legal Description: PT N1/2-SE1/4-NE1/4 COM AT SE COR OF SD1/2 1/4 1/4 THEN N ALONG
E LINE THEREOF 182 FT TO PT OF BEG OF THIS DES THEN CON NLY
ALONG SD E LINE 218 FT 0 A PT THEN W & PERPENDICULAR TO
LAST DES LINE 200 FT TO A PT THEN S & PAR TO E LINE OF SD1/4 1/4
218 FT TO A PT THEN E&PER TO LAST DES LIN 200 FT TO PT OF BEG
SUBJ TO EASE SECTION 05 TOWNSHIP 029 RANGE 020
Washington County Property Identification Numbers: 05.029.20.14.0133
Legal Description: OUTLOT E OAK PARK COMMONS EXCEPT THE SOUTH 150 FEET
THEREOF
Physical Address: 5676 Oakgreen Ave. N.
Page 201 of 202
ATTACHMENT B
Comprehensive Plan Amendment
Land Use Change Classification
From
Low Density Residential
To High Density Residential
Jaime Junker—JK&K Group,LLP
5676 Oakgreen Ave.N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review& Recommendation: August 11, 2022
Page 202 of 202