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File #: RES 15-058    Version: 1 Name: 14-02 - Emberwood Apts - Final Plan/CUP Approval
Type: Resolution Status: Passed
File created: 5/7/2015 In control: City Council
On agenda: 5/7/2015 Final action: 5/7/2015
Title: GRANTING FINAL PLAN APPROVAL AS PART OF A CONDITIONAL USE PERMIT APPROVAL UNDER THE DF (DEVELOPMENT FLEX) ZONING DISTRICT TO ALLOW FOR CONSTRUCTION OF ONE (1) APARTMENT BUILDING WITH UP TO 112 UNITS AT 126TH AVENUE/CENTRAL AVENUE NE. KASON, INC. (CASE FILE NO. 14-0002/LSJ)
Sponsors: Bryan Schafer
DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING FINAL PLAN APPROVAL AS PART OF A CONDITIONAL USE PERMIT APPROVAL UNDER THE DF (DEVELOPMENT FLEX) ZONING DISTRICT TO ALLOW FOR CONSTRUCTION OF ONE (1) APARTMENT BUILDING WITH UP TO 112 UNITS AT 126TH AVENUE/CENTRAL AVENUE NE. KASON, INC. (CASE FILE NO. 14-0002/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
03/11/14
City Council (1st Reading Rezoning)
11/20/14
City Council (2nd Reading Rezoning, Comp Plan, Plat, CUP)
12/04/14
City Council - Postponed from 12/04/14
12/18/14
                     (2nd Reading Rezoning, Comp Plan, Plat, CUP)
 
City Council (Final Plan CUP, Amended Preliminary Plat)post-
04/02/15
                     poned
 
City Council (Final Plan CUP, Amended Preliminary Plat)
05/07/15
 
Background
This item was tabled at the April 2nd City Council meeting, at the request of the applicant, to allow the applicant to work through a few development issues. The City Council granted "preliminary site plan" approval at the December 18, 2014 meeting. Over the winter the applicant, Kason Inc., has further developed their site and buildings plans for a phased 112 unit structure consistent with the Council's preliminary approval. The final action required for the CUP is the "Final Plan" approval. The attached resolution establishes the standards and conditions of "Final Plan Approval". Also included in the set of actions is approval of the amended preliminary plat.
 
Conditional Use Permit
As stated earlier, 112 market rate apartment units are being proposed with this development.  The applicant has proposed to build the building in 3 phases.  The phasing plan indicates how the site and building will be constructed in all three phases.    All site improvements on the western edge of the property, adjacent to the residential area, will be constructed with the first phase of development.  When the applicant has substantially completed phase 1, staff can review the work completed and decide how best to proceed with the last two phases.   
 
The site plan indicates there will be one driveway to access for the development.  
 
The building will have an underground parking garage and surface parking stalls.  For the development, 314 parking stalls have been provided, which provides a parking stall/unit ratio of 2.17 stalls per unit.  This is generally acceptable as this is what has been provided for other market rate apartment projects proposed in Blaine.  There will be more than one stall per unit of underground parking provided for each unit.  
 
The apartment building will be three floors, and each unit will have a deck.  The buildings will be constructed with fiber cement siding, brick, adhered ledgestone and glass.  Technically, the buildings meet the requirement of the Highway 65 Overlay District, which is required in this instance as the building is adjacent to Highway 65.  
 
The Highway 65 Overlay District requirements must also be met with regard to the landscaping provided on site.  The following landscaping is required for this site, based on the building pad perimeter calculations:
 
Overstory Trees:
33
Conifer Trees
20
Ornamental Trees
20
 
In addition, 25% of these trees must be oversized.  The plan that has been provided does not meet these requirements and will need to be updated prior to Site Plan Approval.  
 
Much of the landscaping for the site is being located in the rear yard of the buildings (west side of the site, adjacent to residential homes).  In addition to the landscaping on the west side of the site, the applicant will be required to construct a maintenance-free board on board fence along the entire length of the west property line.  The fence must be 6 feet in height.  
 
You will see that there is a trail/fire lane within the development that provides walking access as well as required fire access to areas of the buildings.  This is a 20-foot bituminous trail.  While staff is amenable to this pavement width for the trail, it would be more aesthetically pleasing to provide a 10-foot trail with a grass system (grasscrete) that extends out five feet on both sides of the trail.  The grasscrete system allows vehicles to drive on the grass area without having a large paved surface available for fire engines.  Whichever option occurs on site, a 20-foot driveable surface on this trail must be maintained at all times of the year for fire protection purposes.  This will be a recommended condition in the CUP.  
 
A narrative has been provided that explains the project in more detail and explains the interior finishes and amenities for the apartment buildings.  Throughout the whole project, the developer plans to provide 35 one bedroom apartments, 59 two bedroom apartments and 18 three bedroom apartments.  The rents for these units range from $1,060 per month to $1,550. The developer has labeled this project as a market rate apartment project.  
 
All lighting on site must meet there requirements of the Zoning Ordinance.  A lighting plan must be submitted that indicates foot candle readings throughout the site and that all lights are downlit and shielded to prevent glare or spill.  Pole mounted lighting is limited to 20-feet in height.  There shall be no lights installed on the rear of the building (west side) except for individual deck lights and required exit lighting and there shall be no freestanding lighting (other than bollard type lights along the trail) on the west side of the site.  
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Preliminary Plat
Site Plan/Grading Plan/Phasing Plans
Landscape Plan/Phasing Plan
Building Elevations
Floor Plans (Phases)
Narrative
 
Body
      WHEREAS, an application has been filed by Kason, Inc. as Conditional Use Permit Case File No. 14-0002; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 11, 2014; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be denied; and
 
      WHEREAS, the Blaine City Council has reviewed said case on November 20, 2014, December 4, 2014 and December 18, 2014, April 2, 2015 and May 7, 2015.
 
      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Final Plan Approval as part of a Conditional Use Permit is hereby approved per Section 29.80 of the Zoning Ordinance to allow for construction of up to 112 units in a DF (Development Flex) zoning district based on the following conditions:
 
1.      This CUP approval allows construction of one 112 unit building.  Project must be completed as directed by all plans and documents submitted for approval for the conditional use permit and as directed by any resolution of approval.  Plan must meet all City Zoning Ordinances and specifically the Highway 65 Overlay District requirements.  
2.      The Phasing Plan submitted in association with this application must be strictly adhered to.  All landscaping on the west side of the site must be installed with the first phase of development.  The six-foot high board on board maintenance-free fence along the west property line must also be constructed with the first phase of development.
3.      First phase building to include temporary offices, meeting area and fitness center for use by 1st Phase residents.  
4.      The developer must take appropriate measures to control dust during all different phases of development. This includes, but is not limited to, seeding disturbed areas and watering down disturbed areas.
5.      The Highway 65 Overlay District requirements must also be met with regard to the landscaping provided on site.  The following landscaping is required for this site, based on the building pad perimeter calculations:
Overstory Trees:
33
Conifer Trees
20
Ornamental  Trees
20
In addition, 25% of these trees must be oversized.  The landscape plan provided does not meet this requirement and the landscape plan will need to be changed prior to Site Plan Approval being granted for the site.  
6.      The trail/fire access lane must be constructed as shown on the plans with a 10-foot bituminous surface and five feet of grasscrete on both sides of the bituminous surface.   A 20-foot driveable surface on this trail must be maintained at all times of the year for fire protection purposes.
7.      Site Plan Approval is required prior to any work beginning on site.  In order to receive site plan approval, the developer will need to submit acceptable plans, a site improvement performance agreement and a financial guarantee that covers the cost of the exterior improvements on site and for each phase.  This financial guarantee for the cost of the site work must be in the form of 10% cash and the remainder of cost must be covered by an acceptable bank issued Letter of Credit.  
8.      All lighting on site must meet the requirements of the Zoning Ordinance.  A lighting plan must be submitted that indicates foot candle readings throughout the site and that all lights are downlit and shielded to prevent glare or spill.  Pole mounted lighting is limited to 20-feet in height.  There shall be no lights installed on the rear of the building (west side) except for individual deck lights and there shall be no freestanding lighting (other than bollard type lights along the trail) on the west side of the site.  
9.      All signage is issued under a separate permit.  
10.      Hydrants should be placed on site as directed by the Community Standards Department (Fire Inspection).  
11.      SAC and WAC payments will be due prior to issuance of first building permits for each building.  
12.      The buildings construction and components to meet the Noise Abatement Standards outlined by Zoning Section 33.22 based on the site's proximity to Highway 65 and 125th Avenue.  
13.      This building will need to be licensed under the City's annual Rental License Program.  
14.      Coon Creek Watershed review and permit is required prior to any activity occurring on site.
15.      All apartment unit interiors to provide wood or ceramic tile flooring (where carpet is not provided), solid surface counter tops, upgraded appliances, upgraded cabinets and solid panel interior doors. All of these interior finish elements to be subject to the approval of the City prior to installation.   
16.      Park dedication fee must be paid with the Plat for each unit that is constructed on the property.  The 2015 park dedication rate for residential units is $3,404 per unit.  For 112 units, the total amount of park dedication due for this project based on the 2015 rate would be $381,248.  The applicant has requested that the Park Dedication payment be phased with the 1st phase (based on 36 units or $122,544) paid with the release of the plat for recording and the 2nd and 3rd phase paid with each building permit for the two final building phases. The future phases will be calculated based on the number of units in each building phase and at the park rate in effect at time of building permit.  The applicant has the ability to pay the Park Dedication for the two later building phases prior to building permit in order to avoid proposed rate increases if they choose.
 
PASSED by the City Council of the City of Blaine this 7th day of May 2015.