Development Business - Sheila Sellman, City Planner
Title
Title
A Resolution Adopting a Written Statement of Denial for the Rezoning from R-1 (Single Family) and R-3B (Medium Density Multifamily) to DF (Development Flex) at 111 99th Avenue NE. Blaine Apartments, LLC (Case File No. 22-0048/EES)
end
Executive Summary
At the October 3, 2022 City Council meeting the Council directed staff to bring findings of fact for denial for rezoning back to the October 17, 2022 meeting for consideration.
Background
The developer requested to rezone property at 111 99th Avenue from R-1 (Single Family) and R-3B (Medium Density Multi-Family) to DF (Development Flex) for a 111-unit apartment building. The first reading was on September 7, 2022 and second reading on September 19, 2022, where the item was tabled to October. The City Council considered the rezoning on October 3, 2022 and voted to not approve the request and directed staff to prepare findings for denial to be considered at the October 17, 2022 meeting.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted 2 (Gorake and Swanson) to 1 (Gorzycki) to recommend approval of the rezoning. Commissioner Homan recused herself.
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. The boundary was extended to include the entire townhome neighborhood across 101st Avenue that was within the 350-foot boundary.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on 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 August 2, 2022.
Staff Recommendation
By motion, adopt the resolution.
Body
WHEREAS, the properties Blaine Apartments LLC asked the City of Blaine (the “City”) to rezone as legally described as follows:
Parcel 1:
Outlot A, Pleasure Creek, according to the recorded plat thereof, Anoka County, Minnesota. (Abstract Property)
Parcel 2:
The East Half of the North Half of Lot 30, Green Acres, according to the recorded plat thereof, Anoka County, Minnesota, together with that part of vacated President Street NE, dedicated in the plat of Green Acres as Aurelia Drive, accruing thereto, all lying southwesterly of 101st Avenue Northeast. The East 30 feet of the West Half of Lot 30, Green Acres Addition, according to the recorded plat thereof, Anoka County, Minnesota. (Abstract Property)
Parcel 3:
The North Half of Lot 31, Green Acres, according to the recorded plat thereof, Anoka County, Minnesota, together with that part of vacated President Street NE, dedicated in the plat of Green Acres as Aurelia Drive, accruing thereto, all lying southwesterly of 101st Avenue Northeast. (Abstract Property)
Parcel 4:
South Half (S 1/2) of Lot Thirty-one (31), Green Acres Addition, Anoka County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 80190
WHEREAS, the Blaine Planning Commission held a public hearing on Blaine Apartments LLC’s zoning amendment request for the properties located at 111 99th Avenue NE (the “Rezoning request”) on August 10, 2022; and
WHEREAS, the Blaine City Council (the “Council”) held a First Reading on the Rezoning request on September 7, 2022; and
WHEREAS, the Council held its Second Reading on Blaine Apartments LLC’s Rezoning request on September 19, 2022, at which time the Council heard from representatives of Blaine Apartments LLC and the public and ultimately tabled the Rezoning request; and
WHEREAS, the Council addressed the Rezoning request and continued its Second Reading on October 3, 2022, at which time the Council heard from members of the public; and
WHEREAS, Blaine Apartments LLC’s Rezoning request asks the Council to amend the designated zoning for the properties to Development Flex to allow Blaine Apartments LLC to develop a high density multifamily apartment building on the properties; and
WHEREAS, the City uses Development Flex (“DF”) zoning to provide for greater flexibility in achieving site-and project-specific land use planning by establishing unique performance standards for each development in a DF zoned property; and
WHEREAS, in order to establish the site- and project-specific performance standards, requests to rezone to DF must be accompanied by a conditional use permit and site plan; and
WHEREAS, in accordance with Section 29.112 of the City zoning ordinance, the Council must consider the following criteria and objectives in evaluating the DF rezoning request and the accompanying conditional use permit:
(a) That the proposal shall provide for a wider range of housing types, price ranges and styles than could be accomplished under the existing zoning;
(b) That the proposal shall provide amenities and facilities and open spaces greater than the minimum requirements under existing zoning;
(c) That the proposed development is compatible with the purposes and intents of this ordinance and with the comprehensive plan;
(d) That the proposal shall in no way be detrimental to the environment. Scenic aspects and natural features, such as streams, trees, topography, and geological features, shall be protected and preserved to the greatest extent possible;
(e) That the proposal shall not impose any undue burden upon the public services and facilities, such as fire and police protection, schools, streets, water systems, sanitary sewer systems, and storm sewer systems;
(f) That the proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries, and also which will not be detrimental to future land uses in the surrounding areas; and
(g) That the proposal be consistent with all other applicable City and State regulations.
WHEREAS, residents in the neighborhood adjacent to the properties proposed to be rezoned voiced significant concerns about the impacts the proposed apartment building would have on increased traffic in the neighborhood, traffic and pedestrian safety, and the loss of trees and open space in the area; and
WHEREAS, the Councilmembers who voted to deny the Rezoning request stated their reasons for denial on the record during meeting on October 3, 2022; and
WHEREAS, a written statement of denial was not adopted by the Council at the meeting on October 3, 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 unanimously denied Blaine Apartments LLC’s rezoning request on October 3, 2022;
3. The City zoning map for the above-described properties shall not be amended;
4. The Council denied the Rezoning request because the Council:
a. Found the construction of a 111-unit apartment building on the properties would create an undue burden on City streets by increasing vehicular traffic in an already busy area;
b. Found that there were no measures taken by Blaine Apartments LLC to address or mitigate the traffic impact;
c. Found that the development of the proposed apartment building would result in the removal of 157 trees, which would negatively impact the surrounding areas and environment;
d. Found that the size and scope of the proposed apartment building was too large for the selected site and surrounding area; and,
e. Found that pursuant to City Zoning Ordinance Chapter 29, the Rezoning request could not be approved without an accompanying conditional use permit that sets the performance standards for the apartment building. Because the Council opposed the proposed apartment building, it would not rezone the properties to Development Flex, as requested by Blaine Apartments, LLC.
PASSED by the City Council of the City of Blaine this 17th day of October, 2022.