Development Business - Erik Thorvig, Community Development Director
Title
Title
Second Reading
Granting a Code Amendment to Create a New B-5 (Town Commercial) Zoning District (Case File No. 21-0046/EJT)
end
Executive Summary
This item creates a new zoning district and related standards consistent with the visioning discussion by the City Council.
Schedule of Actions
|
Planning Commission (Public Hearing) |
07/13/21 |
|
City Council (1st Reading) |
08/02/21 |
|
City Council (2nd Reading) |
08/16/21 |
Background
Staff report prepared by Erik Thorvig, Community Development Director
As part of the City Council visioning discussion that occurred in early 2021, four priority development areas were identified by the City Council. Those areas were the southwest corner of 125th Avenue and Lexington Avenue, Northtown Area, 105th Avenue and Radisson Road, and the area west of Highway 65 north of 99th Avenue.
The areas were identified because they are either larger vacant parcels of land that are available for development, or redevelopment efforts are required. The City Council identified the need to be more proactive in the future development of these areas to ensure it is consistent with the vision of the community.
Staff was directed by the City Council to create a new zoning district for an area around the southwest corner of 125th Avenue and Lexington Avenue that identified the vision the Planning Commission and City Council have for future development on this corner. The City Council discussed the area at the May 10, 2021 and June 14, 2021 workshops with discussion primarily focused on what uses to either permit or not permit in the new B-5 (Town Commercial) zoning district.
The proposed ordinance is a result of the discussion held by the City Council. In addition to creating a new zoning district, subsequent rezoning of property and amendments to the 2040 Comprehensive Plan land use map are required.
The southwest corner of Main Street and Lexington Avenue has a 37-acre parcel that is currently being marketed for sale. South of the 37-acre parcel is the City’s new water treatment plant, three privately owned homes and a vacant parcel. Maps are included which shows the discussion area. The maps indicate a future roadway extension of Lakes Parkway to a future signalized intersection at 122nd Avenue and Lexington Avenue. Property to the west of the discussion area is guided for LDR (Low Density Residential) in the 2040 Comprehensive Plan. Portions of that area are also for sale.
Rezoning
A map is included that shows proposed rezoning of certain properties. There are three existing single-family homes and a vacant parcel of land between the Blaine Wetland Sanctuary and water treatment plant. These properties are currently zoned FR (Farm Residence) and are proposed to be rezoned to B-5. Rezoning the properties would result in the single-family homes becoming non-conforming, however Minnesota State Statutes allow for non-conforming uses to continue, including through repair, replacement, restoration, maintenance or improvement.
There is a 33.17-acre and 3.98-acre parcel at the southwest corner of 125th Avenue and Lexington Avenue under the same ownership. The large parcel is currently zoned B-1 (Neighborhood Business) and the 3.98-acre parcel is currently zoned FR. These properties are proposed to be rezoned to B-5.
Comprehensive Plan Land Use Amendment
All of the properties described above are currently guided as PI/PC (Planned Industrial/Planned Commercial) in the 2040 Comprehensive Plan. Because the proposed ordinance does not permit industrial uses, the properties are proposed to be reguided to Planned Commercial (PC) land use.
The vacant parcel just north of the Blaine Wetland Sanctuary described above currently has two land use designations, LDR (Low Density Residential) and PI/PC. The property is proposed to be entirely guided for PC land use.
Zoning Code Amendment
The application includes creation of a new B-5 Town Commercial zoning district for the subject area. The proposed ordinance is attached. Development standards related to setbacks, building design, landscaping, etc., mirror the requirements of the Planned Business District (PBD) which encourages high quality development based on the performance standards.
The City Council discussed potential uses allowed in the B-5 district at two workshops. The attached ordinance identifies permitted, conditionally permitted, and accessory and prohibited uses based on the discussion. In general, the permitted and conditionally permitted uses are similar to what is allowed in other commercial zoning districts in Blaine. There are seven uses the City Council specifically discussed as not being permitted.
There were two specific uses the City Council struggled with in determining whether they should be allowed in the district and directed the Planning Commission to discuss the uses and make a recommendation to the City Council.
Gas Stations/Convenience stores
Gas stations are conditionally permitted in the B-1, B-2, B-3 and PBD commercial districts. The subject area could be attractive to a gas user given it is on the “to work” side of Lexington Avenue and will have two corner sites at a lighted intersection in the future. Kwik Trip is located across Lexington Avenue and another Kwik Trip is proposed in Lexington Meadows at the corner of 109th and Lexington Avenue.
Fast Food (Class II) Restaurants Either in a Freestanding or Multi-tenant Building
The City Council discussed fast food style restaurants at both workshops. Fast food restaurants are defined as Class II Restaurants which are “Fast food restaurants in which a majority of the customers are served food at a counter and take it to a table to eat at or may take food outside to consume in a vehicle or off the premises.”
Generally, the City Council was not supportive of the potential of certain chain-style fast food restaurants constructing a freestanding building, however did not want to limit other types of fast-casual restaurants like Portillo’s. The City Council agrees there is a market for fast food restaurants given the growing neighborhoods and Lexington Athletic Complex directly across Lexington Avenue.
Staff completed research of other cities and found that most cities, like Blaine, differentiate restaurants into two categories; sit-down style and fast/convenience. Traditional sit-down style restaurants (Class I) are listed as a conditional use in the proposed district. It is not possible to differentiate specific types of fast/convenience restaurants outside of limiting whether drive-throughs are allowed and/or whether they can be located in a single-user building. Not permitting stand-alone fast/convenience restaurants would likely limit such businesses as Taco Bell, McDonald’s, etc., however would also limit a restaurant such as Portillo’s, Chick-Fil-A, etc.
There were several options the Planning Commission discussed:
Option 1: Not allow Class II restaurants.
Option 2: Allow Class II restaurants only in multi-tenant buildings.
• This would limit fast-food restaurants to only multi-tenant buildings. Multi-tenant buildings limit restaurants that need a drive-through as they are typically only able to go on an end-cap. The National Market Center at 103rd and Baltimore Street offers various examples of restaurants that are able to be successful without a drive-through in a multi-tenant building.
Option 3: Allow Class II restaurants in multi-tenant and standalone buildings with a minimum footprint of 5,000 sf (same as PBD standards).
• By requiring a minimum building square footage, it encourages more significant buildings and investment by the business. A 5,000-sf footprint, or larger, could discourage some fast food restaurants that the City may not desire. The Planning Commission could consider increasing or decreasing the minimum square footage.
Option 4: Allow Class II restaurants with no restrictions.
The Planning Commission discussed both of the uses and four spoke regarding gas stations/convenience stores with two supporting them and two not. Four the commissioners felt that only allowing fast-food restaurants in multi-tenant buildings was appropriate. The main reasoning was concern of how a vacant fast-food building would be repurposed if that situation arose.
Strategic Plan Relationship
Implementation of the NE Area Plan, which includes this area, is listed as a strategic initiative in the Strategic Plan.
Board/Commission Review
The Planning Commission voted unanimously to approve the rezoning. One person spoke at the public hearing and had questions about how the existing single-family homes would be impacted.
Financial Impact
Not applicable.
Public Outreach/Input
Notice 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.
Staff Recommendation
By motion, approve the ordinance.
Attachment List
Zoning and Location Map
Existing Zoning
Proposed Zoning
Existing Land Use
Proposed Land Use
Correspondence
Public Comments
Code Amendment
Unapproved Planning Commission Minutes 7/13/21
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
30.80 - Town Commercial (B-5)
30.81 - Intent
It is the intent of this district to accomplish the following:
(a) To promote a planned environment for integrated commercial uses which feature design continuity. A development shall reflect a common theme using compatible architectural design and consistency in signage, landscaping, and lighting.
(b) To encourage orderly development of property.
(c) To provide opportunity for greater flexibility in arranging land uses according to relative compatibility, convenience, and community needs.
(d) To encourage patterns of development in harmony with the objectives of the City's Comprehensive Plan.
(e) To encourage more attractive and enduring business neighborhoods.
(f) To encourage development compatible with the environmental values of the area and to preserve natural vegetation, wetlands, natural topography, and other such features of the District.
(g) To accommodate uses requiring access to major highways.
(h) To provide a uniform set of standards to be applied equally to all owners and developers in this District.
30.82 - Permitted Uses
(a) General retail
(b) Personal services, including massage, hair salons, and similar businesses
(c) Dry cleaning and laundry
(d) Repair services, excluding repair of vehicles and small engines
(e) Business and professional offices, including medical offices
(f) Portrait or art studio
(g) Pharmacies
30.83 - Conditional Uses
(a) Class I and II Restaurants
(b) Brew Pubs.
(c) Bank.
(d) Hotel with convention facilities
(e) Churches
(f) Theaters
(g) Private community/recreation centers
(h) Animal hospitals/clinics
(i) Brewery with taproom
(j) Coffee Shop
(k) Liquor Stores
(l) Commercial daycare
(m) Indoor amusement and recreation not including fitness uses.
(n) Zero lot line splits with shared access and/or shared parking.
30.84 - Accessory Uses
(a) Signs as regulated in Section 34.07
30.85 - Prohibited Uses
(a) Pawn shops.
(b) Residential including memory care and assisted living facilities.
(c) Event Centers.
(d) Tobacco/Vape Shops.
(e) Fitness Centers including yoga and gyms.
(f) Auto repair and service.
(g) Car washes
(h) Gas/convenience stores
30.86 - Standards
(a) Building Setbacks (minimum).
(1) Front Yard-Fifty (50) feet, or one-half (½) the total building height whichever is greater.
(2) Side Yard-Fifteen (15) feet, or one-half (½) the total building height, whichever is greater.
(3) Rear Yard-Twenty (20) feet, or one-half (½) the total building height, whichever is greater.
(4) All setbacks shall be determined from the planned Right-of-Way (ROW), as designated in the City, County or State Transportation Plan, and normally defined in the subdivision regulations.
(b) Parking Lot Setbacks (minimum).
(1) Front Yard-Thirty (30) feet. (Ord No. 02-1955, amended 9-5-2002)
(2) Side Yard-Fifteen (15) feet. (Ord. No. 04-2005, amended 1-22-2004)
(3) Rear Yard-Twenty (20) feet.
(4) All setbacks shall be determined from the planned Right-of-Way (ROW), as designated in the City, County or State Transportation Plan, and normally defined in the subdivision regulations.
(c) Building Sizes (minimum).
(1) Freestanding Class II Restaurants-Five thousand (5,000) square feet minimum building size.
(d) Building Height. There shall be no height limitations, provided all buildings are in compliance with Metropolitan Airport Commission regulations.
(e) Building Exteriors.
(1) At least fifty percent (50%) of all exterior wall finishes on any building shall be comprised of a combination of at least three (3) of the following materials with all materials present on each elevation.
(aa) Brick
(bb) Natural or cultured stone
(cc) Glass
(dd) Stucco or EIFS
(ee) Cementious siding
(ff) Architectural metal
(gg) Integrally colored rock faced block
(2) The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to Zoning Administrator approval.
(3) Buildings may be constructed of primarily one of the materials listed in subsection (a) if the design meets or exceeds the intent of the ordinance.
(4) All buildings to incorporate four-sided design.
Under no circumstances shall sheet aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete block be deemed acceptable as major exterior wall materials on buildings within the City.
(f) Landscaping. In addition to the provisions of Section 33.07 of the Ordinance, the following requirements shall be met:
(1) Underground irrigation shall be required.
(2) Traffic safety islands and/or general parking islands, were deemed appropriate by the Zoning Administrator, shall be landscaped and irrigated. At least five percent (5%) of the surface area of land within a parking area shall be landscaped.
(3) On any given site there shall be at least three (3) different shrub species.
(g) Open Space. The minimum area of permeable surface shall be thirty percent (30%) of the total project area. The Zoning Administrator may approve a modification to the requirement provided additional architectural or landscape enhancements are provided.
(h) Refuse Enclosures. Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.
(i) Lighting. A lighting plan shall be submitted depicting type and design, layout of fixtures, and the illumination pattern. The design shall preclude any off-site glare.
INTRODUCED and read in full this 2nd day of August, 2021.
PASSED by the City Council of the City of Blaine this 16th day of August, 2021.