Development Business - Sheila Sellman, City Planner
Title
Title
A Resolution Adopting a Written Statement of Denial for the Rezoning and Conditional Use Permit for Blaine Lakes Apartments at 551 87th Lane NE. (Case File No. 22-0069/SAS)
end
Executive Summary
At the December 5, 2022 City Council meeting, the Council directed staff to bring findings of fact for denial for the Rezoning, Conditional Use Permit back to the December 19, 2022 meeting for consideration.
Background
The applicant is requesting a Rezoning, from B-3, Regional Commercial to DF, Development Flex and Conditional Use Permit for a 196-unit apartment proposal.
The City Council considered the Rezoning, Preliminary and Conditional Use Permit on December 5, 2022 and voted not to approve the request, and directed staff to prepare findings for denial to be considered at the December 19, 2022 meeting.
Strategic Plan Relationship
Not applicable
Board/Commission Review
The Planning Commission voted unanimously to approve the Comprehensive Plan Amendment. There were approximately fifteen people in attendance at the public hearing. Members from the public expressed concerns about crime, noise, height of the building and privacy at the public hearing. One business owner was present and expressed support in the project. There were four people that spoke in favor of the project and six that were opposed. One resident asked for an increased berm along Jefferson Street NE and a privacy fence. The applicant was amenable to the suggestion. The applicant has since revised the landscape plan and has added additional conifers along the east property line with a fence on top of the berm.
Financial Impact
Not Applicable
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
4. Posted (sign) on the property with contact information for the Planning Department.
In accordance with the Neighborhood Meeting Policy, a neighborhood meeting was held on October 26, 2022. Notices went out to property owners within 500 feet of the subject site, state statute requires 350 feet. There were about 40 people in attendance. Questions and concerns centered around general change, sound, privacy, possible traffic impacts, crime, utilities and where the children will play. Some people expressed that they liked the proposal while others did not, and some were indifferent.
Staff Recommendation
By motion, approve the Resolution.
Body
Recitals
WHEREAS, Roers Companies asked the City of Blaine (the “City”) to rezone the following property from B-3 (Regional Commercial) to DF (Development Flex) and Conditional Use Permit approval for a 196-unit apartment building; as legally described as follows:
Parcel 1:
Lots 1, 2, and 3, Block 1; Lots 1 and 2, Block 2; and Lot 1, Block 6; all in Muir's Northtown 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota.
AND
Lot 9, Auditor's Subdivision No. 143, according to the recorded plat thereof, Anoka County, Minnesota.
AND
That part of Lot 8, Auditor's Subdivision No. 143, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the southeast corner of Lot 9, said Auditor's Subdivision No. 143, and proceeding thence West on the south line of said Lot 9 to the southwest corner of said Lot 9;
and proceeding thence South and parallel to the east line of said Lot 8 for a distance of 90 feet; and proceeding thence East and parallel to the south line of said Lot 9 to the east line of said Lot 8; and proceeding thence North on the said line to the point of commencement herein.
AND
That part of Terrace Road vacated by Ordinance No. 89-1153 recorded as Document No. 863875, and Ordinance No. 89-1172 recorded as Document No. 880521, all in the records of the County Recorder, Anoka County, Minnesota.
AND
That part of Jefferson Street vacated by Ordinance No. 89-1172 recorded as Document No. 880521 in the records of the County Recorder, Anoka County, Minnesota. (ABSTRACT PROPERTY)
WHEREAS, the Blaine Planning Commission held a public hearing on Blaine Lakes Apartments zoning amendment request, conditional use permit for the property located at 55187th Lane (the “request”) on November 9, 2022; and
WHEREAS, the Blaine City Council (the “Council”) held a First Reading on the Rezoning request on November 19, 2022; and
WHEREAS, the Council held its Second Reading on the request on December 5, 2022, at which time the Council; and
WHEREAS, the Councilmembers who voted to deny the request stated their reasons for denial on the record during meeting on December 5, 2022; and
WHEREAS, a written statement of denial was not adopted by the Council at meeting on December 5, 2022, and therefore, pursuant to Minnesota Statutes Section 15.99, Subdivision 2, the Council is required to adopt a written statement of denial at the following meeting; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine:
1. The above recitals are incorporated into this Resolution as if set forth herein;
2. The Council denied the request in a 3-4 vote;
3. The Council denied the request because the request was inconsistent with the comprehensive plan land use designation of Community Commercial.
PASSED by the City Council of the City of Blaine this 19th day of December 2022.