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Home My WebLink About2022-08-24 City Email to Applicant Forwaring Passed CC Resolution Julie Hultman From: Jennifer Pinski Sent: Wednesday, August 24, 2022 1:38 PM To: jaimecpa@aol.com Cc: Eric Johnson;Julie Hultman; Eric Johnson Subject: Oak Park Heights City Council Resolution No. 22-08-29 Attachments: S KM BT_C55422082412290.pdf Mr.Junker, Attached you will find Oak Park Heights City Council Resolution No. 22-08-29 passed by the City Council on August 23, 2022 related to the request for a Comprehensive Plan Amendment. Jennifer Pinski, CMC City of Oak Park Heights 651-439-4439 1 RESOLUTION NO. 22-08-29 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: 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 2 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 58`h 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. 3 Mary Comb Mayor ATTEST: 414,414-01 Eric A.Jq son,City Administrator 4 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-NEI/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. 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