HomeMy WebLinkAbout2024-08-27 CC Resolution 24-07-25 2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The land use classification for all properties between County Road 15 and
Norell Avenue, north of 58th Street and including the Subject Property is designated as
Commercial in the 2008 Comprehensive Plan; and
4. The Subject Property is proposed to be changed to Residential/Business
Transitional Use to allow for multifamily residential development; and
5. The property to the west of the Subject Property is a large commercial
retail development that is anchored by a Kowalski's grocery store. The rear of the
Kowalski's store and its loading dock facilities are directly adjacent to the Subject
Property.
6. The development to the east of the Subject Property is a Menards
commercial retail store. The exterior lumber/construction materials yard and loading
docks of the store are directly adjacent to the property line of the Subject Property.
7. A change to a land use classification from Commercial to
Residential/Business Transitional is deemed to be not in the City's best interests and is
denied for the following reasons:
a. The proposed residential land use would be inconsistent with the existing
commercial uses directly to the west and east of the Subject Property. A
multifamily residential development, next to two large commercial retail
outlets, both with delivery and loading facilities near the joint property
lines and with an exterior lumber yard to the east of the Subject Property
would be likely to create truck noise, forklift noise, unappealing views,
and other complaints by residents of the proposed development; and
b. It is undesirable for the City to remove high value commercial property in
a developed commercial area for residential use. There is almost no
developable land available for new commercial development in the City;
and
c. The 2008 Comprehensive Plan designated this area as commercial because
of visibility and access from Highway 36. The City has established 58th
Street as the transition point between low density residential to the south
and commercial development to the north; and
. 8. The property is zoned 0-Open Space Conservation and has been proposed
to be rezoned to the B-4 Limited Business District. The Subject Property has been
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planned to be rezoned B-2 General Business District to be consistent with surrounding
retail and service development; and
9. A Conditional Use Permit is required for multiple family development in
the B-4 Limited Business District. The use of the Subject Property for a multiple family
development would be at odds with the existing surrounding uses and therefore
inappropriate for a condition use; and
10. The proposed project on the Subject Property would require conditional
use permit variances from zoning standards for a building height that will significantly
exceed 35 feet, for a variance from a 30-foot lot line setback being reduced to a 24 foot
setback, for a gazebo and play structure in the front yard, and for parking to exceed the
Zoning Ordinance requirement. The City finds these variances from the zoning code to
be unacceptable; and
11. The City Council, at their June 25, 2024, meeting, expressed concerns
regarding traffic and site lines for the proposed access to 58t Street, especially with the
planned extension of 58th Street by Washington County and the anticipated increase in
traffic.
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 by Robert Brackey and by Joel Larson of Hampton
Companies for a Comprehensive Plan Amendment to change the land use
classification from Commercial use to Residential/Business Transitional use;
rezoning from 0-Open Space Conservation to B-4, Limited Business District;
Conditional Use Permits for multiple family development,building height and
side yard setbacks resulting from the building height, accessory structures in the
front yard, and parking; Preliminary and Final Plat; and Architectural Design
Guidelines/Site Plan Review for the development of the area north of 58th Street
and west of Menards. The application consists of requests for the following:
• Comprehensive Plan Amendment to Residential/Business Transitional
• Rezoning to B-4 Limited Business District
• Preliminary and Final Plat
• Conditional Use Permit for Multiple Family Development
• Conditional Use for Building Height
• Conditional Use Permit for Side Yard Setback
• Conditional Use Permit for Accessory Structures in the Front Yard
• Conditional Use Permit for Parking
• Architectural Design Guidelines and Site Plan Under Section 401.15.C.8.
of the Zoning Ordinance
affecting the real property as follows:
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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 to change the land use classification to Residential Business
Transitional is not consistent with the 2008 Comprehensive Plan designating the
Subject Property and the area between County Rd 15 to Norell Avenue as
Commercial.
2. A Commercial land use classification to the north and Low Density classification
to the south with 58th Street as the transition point maintains land use consistency
and separation of inconsistent land uses.
3. There is a need for additional commercial development land in the City. There is
almost no developable land available for additional new commercial use. The
Comprehensive Plan encourages continued development and redevelopment of
commercial use where designated.
4. The proximity of the proposed building,requiring a Conditional Use Permit for
setbacks for less than the required 30 feet to the property line of the existing
retail/warehouse use would create inadequate separation of differing land uses.
5. The anticipated increase in traffic on 58th Street resulting from Washington
County's plans for an extension of 58th Street to the west may adversely impact
access and site lines for the Subject Property.
6. A multifamily development, with windows and balconies directly adjacent to an
existing retail/warehouse facility is seen as inconsistent with the health, safety and
welfare of potential residents.
7. The proposed height of the building, exceeding the 35 foot maximum limit, is
seen as inconsistent with the existing low density development to the south.
Approved by the City Council of the City of O. '. k He s this 23rd day of July 2024.
de,CA__)
Ma Comber, Mayor
ATTEST:
t
Jacob f ;City Administrator
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ATTACHMENT A
Comprehensive Plan Amendment
To Change The Land Use Classification of
Commercial Use To Residential/Business Transitional Use,
Rezoning From 0-Open Space Conservation District,
To B-4, Limited Business District,
Preliminary and Final Plat,
Conditional Use Permit for Multi-Family Use
And
A Building In Excess Of Three Stories & 35-Feet In Height
And
Design Guidelines/Site Plan Review
For A Proposed Multi-Unit Apartment Building
For The Property Located
West of Menards At 58th St. N.
Hampton Companies
Washington County Property Identification Numbers: 05.029.20.22.0024
Legal Description: Outlot A, Brackey 3rd Addition
ATTACHMENT B
,�.„
Comprehensive Plan Amendment
To Change The Land Use Classification of
Commercial Use To Residential/Business Transitional Use,
Rezoning From 0-Open Space Conservation District,
To B-4, Limited Business District,
Preliminary and Final Plat,
Conditional Use Permit for Multi-Family Use
And
A Building In Excess Of Three Stories & 35-Feet In Height
And
Design Guidelines/Site Plan Review
For A Proposed Multi-Unit Apartment Building
For The Property Located
West of Menards At 58th St. N.
Hampton Companies
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: June 13, 2024