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File #: RES 22-190    Version: 1 Name: Comp Plan Amend - Blaine Lakes Apartments (22-0069)
Type: Resolution Status: Failed
File created: 12/5/2022 In control: City Council
On agenda: 12/5/2022 Final action: 12/5/2022
Title: Granting a Comprehensive Plan Amendment from CC (Community Commercial) to HDR-2 (High Density Residential) for 6.2 Acres at 551 87th Lane NE. Blaine Lakes Apartments (Sambatek) (Case File No. 22-0069/SAS)
Sponsors: Sheila Sellman
Attachments: 1. Attachments, 2. Unapproved PC Minutes 11/09/22

Development Business - Sheila Sellman, City Planner

 

Title

Title

Granting a Comprehensive Plan Amendment from CC (Community Commercial) to HDR-2 (High Density Residential) for 6.2 Acres at 551 87th Lane NE. Blaine Lakes Apartments (Sambatek) (Case File No. 22-0069/SAS)

end

 

Executive Summary

The applicant is requesting a Comprehensive Plan Amendment from CC (Community Commercial) to HDR-2 (High Density Residential) for a 196-unit apartment proposal.

 

Schedule of Actions

Planning Commission (Public Hearing)

11/09/22

City Council (Comp Plan Amendment)

12/05/22

Action Deadline

02/08/23

 

Background

Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer

 

Zoning

The subject site is zoned B-3 (Regional Commercial).

 

Land Use Designation

The subject site has a land use designation of Community Commercial.

 

Surrounding Zoning and Land Uses

The parcels to the north and east of the site are zoned R-1 (Single Family) and guided low density residential. Properties to the west and south are zoned B-3 (Regional Commercial) and have a land use designation of Community Commercial.

 

History and Existing Conditions

The existing strip center was built in 1990. The existing uses are retail and surface parking. The former Rainbow Foods vacated the property in 2014. The former Rainbow Foods building will be removed and replaced with the proposed apartment building. The remaining retail center will stay.

 

The current owner purchased the property in 2020. They have struggled to find a commercial tenant for the former grocery store space given the decline of the retail market, location, and condition of the building. The owner desires to redevelop the former Rainbow space and upgrade the existing center in the future to continue its relevance as a successful retail/residential property.

 

Comprehensive Plan Amendment

Section 27.03 Criteria for granting zoning/comprehensive plan amendments:

The City Council may adopt amendments to the zoning ordinance, zoning map, and comprehensive plan relative to land uses within a particular district or to the location of the district lines. Zoning amendments shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the comprehensive plan or changes in conditions in the City.

 

When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city.

 

Current Comprehensive Plan Designation

The subject site is currently guided Community Commercial. The Community Commercial District is intended for big box retail, large free-standing retail and commercial centers, restaurants, limited office, and service depending on scale and location.

 

The Proposed Designation

The applicant is requesting to change the land use from Community Commercial to HDR-2 (High Density Residential 2) for Lot 1, Block 1, of the new plat for the proposed apartment. The retail center’s zoning and land use designation will not change with this request. The proposed density is 32 units/acre, which is consistent with the HDR-2 district.

 

The proposal to change to HDR-2 was presented to the City Council at four different workshops in 2021 and 2022 to gauge interest in this concept. The Council provided feedback on the layout and design. At the 2022 City Council Fall Retreat, the Council discussed multifamily housing and directed staff to look at options of changing some current designations and shifting them to the Northtown area.

 

The HDR-2 land use designation allows for a density of 12-60 units/acre. The uses allowed are apartments, co-ops, and condominiums of large scale. Development should be located in a multi-use/mixed use development scenario and should be designed in a manner which is oriented to pedestrians, bicyclists, and transit users. The scale, architecture, landscaping, open space, and recreational space should be consistent with the community’s general character.

 

Chapter 3 of the Comprehensive Plan is Housing. Goal 2 states, “The city supports the development of well-designed and appropriately-located multi-family housing projects when these developments improve access to affordable housing and transit, creative positive community impacts, and preserve natural resources.” The proposed apartment has access to Northtown Transit Center. The apartment is redeveloping a building that has been vacant for 8 years; reinvestment creates a positive community impact.

 

Chapter 5 of the Comprehensive Plan is Land Use. Goal 2 states, “Maintain flexibility in land use districts to respond to market conditions regarding the mix of industrial, commercial, and high density residential in key locations. Emphasis will be placed on fostering industrial and professional/corporate office business development.”  This area has been identified as redevelopment area by the City Council, the adopted Northtown District Vision Plan shows this site as a high-density residential development.

 

Goal 3 states, “The city recognizes varied housing densities as a means of accommodating community growth. The city will encourage density through appropriately designed and located townhomes and apartments, a variety of single family detached-style homes with clustering and varying lot sizes, and open space.”  This area has been identified as a redevelopment area by the city council, the adopted Northtown District Vision plan shows this site as a high-density residential development.

 

Northtown District Vision Plan

In July 2022, the City Council adopted the Northtown District Vision Plan (Plan). The Plan includes the Northtown Mall property plus the surrounding area, including the subject site. The Plan presents a long-range framework for redevelopment in the district. Market-driven, the framework is designed to change in the myriad of ways, accommodating, for example, existing large-footprint stores while, over time, responding to retailers’ changing needs and the impacts of new technologies on the shopping habits of clients. More importantly, it envisions new, finer-grained development and housing mixes with retail uses, as well as other complementary uses. According to the plan, there is a strong demand for Class A property. The market demands show a need for an addition 750 units in this area in the next ten years.

 

Principals have been established in the Plan, 6 and 8 are met with this proposal.

 

District Principal 6 - Strengthen the Mix

                     Broaden the mix of land uses in the district to create a place where people can live, shop, work and recreate.

                     Promote more compact, dense development patterns that encourage a walkable environment.

 

District Principal 8 - Move In

                     Provide a diverse range of residential opportunities in the district

                     Integrate future development with surrounding neighborhood edges by transitioning the scale of new development adjacent to existing single-family residential neighborhoods.

                     Meet the housing demand for rental and ownership and create an environment that is enticing to live, work, and play.

 

Figure 30 of the Plan shows land uses, specifically it shows this site with two “L” shaped multi-family residential buildings. Redevelopment of this site is shown as a short-term action (1-5 years) in the plan.

 

The proposed apartment aligns with the plan and the comprehensive land use amendment is consistent with the vision.

 

Evaluation of Request

The applicant is proposing to construct a 196-unit Class A, market rate apartment.

 

Plat

The applicant is proposing to subdivide the property into two parcels. Lot 1 will be 6.211 acres and Lot 2 will be 7.007 acres. Lot 2 will retain the strip center and Lot 1 will be developed with the proposed apartment.

 

Architecture

The proposed apartment building consists of four stories over one story of parking. The parking level is partially below grade. The tallest part of the building will be 42.6 feet in height. The ends of the building step down and are 33.5 feet in height. The middle section of the building is one-story.

 

The proposed building utilizes brick, concrete masonry, corrugated metal cladding, fiber cement lap siding, fiber cement panel, and glass on all elevations. The design meets the requirements for the use of at least three premium materials comprising at least 50% of each wall area and four-sided design typically applied to developments in the DF district.

 

The floor plan consists of 196 units, an office, fitness center, community lounge, mail room, and pet spa. There will be an on-site full time property manager. Other amenities include a pool, coffee bar, and outdoor patio area.

 

The unit mix includes:

                     40 - Studios

                     96 - One bedroom

                     40 - Two bedrooms

                     20 - Three bedrooms

 

Setbacks

The following building setbacks are being met:

                     Front (87th Lane NE) - 40 feet

                     Front (89th Lane NE) - 65 feet

                     Side (west) - 20 feet

                     Side (east) - 191 feet

 

The following parking setbacks are being met:

                     Front (87th Lane NE) - 33 feet

                     Front (89th Lane NE) - 127 feet

                     Side (west) - 6 feet - the CUP identifies this as a zero setback

                     Side (east) - 26 feet

 

The DF zone does not provide development standards, apartments are often reviewed with the PBD (Planned Business District) districts as a guide. The proposed setbacks are generally consistent with the PBD.

 

Parking

Currently the code requires one parking space per studio unit and two parking spaces per non-studio unit, with at least half of the spaces underground or within the building.

 

Annually staff proposes zoning code updates at the end of the year which is typically approved in December. One of the proposed changes is to the requirements for one-bedroom units. The change is to require 1.5 stalls per one-bedroom units within which half have to be underground or within the building. Based on calculations, the total parking requirement is 304 stalls. The proposed plan provides 152 stalls in the parking garage and 213 surface stalls resulting in 365 stalls, which exceeds requirements.

 

Landscaping

The following quantities are required:

                     Overstory - 25

                     Conifer - 25

                     Ornamental - 25

                     Shrub - 168

 

The submitted landscape plan provides 27 overstory, 64 conifers, 26 ornamentals and 284 shrubs. The landscape plan has been revised to provide more conifers along the east property line to provide some screening of the parking lot, and a privacy fence has been added to the berm on the east side.

 

Park Dedication

The property was previously platted in 1974 and there is no evidence that park dedication was paid. With further subdivision of the property, park dedication becomes due for the 196 residential units at a rate of $4,449 per unit for a total park dedication of $872,004.

 

Grading/Storm Drainage

The Developer is proposing to grade the entire site as shown on the Coon Creek Watershed District (CCWD) and city approved grading, drainage, erosion protection and sediment control plans prepared by the Developer's engineer. The plans include existing drainage patterns (contours) with flow arrows, soil boring locations, perimeter site protection, tree preservation, tree clearing limits, custom grading, proposed grading contours, proposed drainage patterns with flow arrows, storm water management, SWPPP information, temporary erosion protection Best Management Practices (BMPs), and temporary sediment control BMPs information for the site. The SWPPP may be included in the construction plan sheet(s) or prepared as a separate document and included in the development construction contract specifications.

 

The developer will also need to submit construction contract documents that include a mass (rough) grading, erosion protection, sediment control, development, utilities, and storm drainage plan sheets.

 

Utilities

Standard Water Access Charges and sanitary Sewer Access Charges (WAC & SAC) become due with the building permit at the rate established at the time the building permit is issued.

 

Hydrant locations must be reviewed and approved by the Fire Department.

 

Wetlands/Watershed/FEMA

There are no wetlands on the proposed re-development site.

 

The developer will need to submit the project to CCWD for review, approval and permits required prior to city plan approval and start of site work.

 

The proposed re-development site is not located within an existing FEMA designated area.

 

Access/Street Design/Sidewalks/Trails

The development is proposing to gain/provide access through the existing commercial access drives to 87th Avenue NE. The developer’s engineer has provided a traffic memo depicting the difference between the original traffic generation and the proposed apartments. The memo indicates that there is a decrease in the volume of traffic.

 

No new public streets, sidewalks or trails are proposed with the proposed re-development.

 

Easements/Right-of-Way/Permits

The developer will need to obtain all required permits to construct the proposed project. A copy of all permits will need to be submitted to the City prior to any site work.

 

Standard drainage and utility easements shall be dedicated along all lot lines and over areas of delineated wetlands, wetland mitigation, infiltration trenches, drainage swales, and storm water management ponds.

 

Strategic Plan Relationship

Northtown redevelopment is identified in the Strategic Plan under Growth Management. The subject site is part of the Northtown Redevelopment Plan.

 

Board/Commission Review

The Planning Commission voted unanimously to approve the rezoning. 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.

 

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.

 

A summary from the applicant is attached.

 

Staff Recommendation

By motion, approve the resolution.

 

Attachment List

Zoning and Location Map

Preliminary Plat

Site Plan

Landscape Plan

Utility Plan

Elevations

Narrative

Traffic Memo

Neighborhood Meeting Summary

Northtown Plan Excerpts

Unapproved Planning Commission Minutes 11/9/22

 

Body

WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan; and

 

WHEREAS, the Planning Commission held a public hearing on November 9, 2022, and recommended approval regarding the Comprehensive Plan amendment request for:

 

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 City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan for land use compatibility.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that the Comprehensive Plan be amended to change portions of the property, as described above, and based on land use maps contained within Case File No. PC22-0069 from CC (Community Commercial) to HDR-2 (High Density Residential 2) according to the following rationale:

 

1.                     The proposed land use is consistent with the apartment type use proposed for the site.

2.                     The proposed land use and associated development is in an appropriate location for high a density project as it is close to major intersections and roadway systems.

3.                     The proposal achieves goal 3 of Chapter 5 of the Comprehensive Plan the city recognizes varied housing densities as a means of accommodating community growth. The city will encourage increased density through appropriately designed and located townhomes and apartments, a variety of single family detached-style homes with clustering and varying lot sizes, and open space.

4.                     The proposal is consistent with the Northtown District Vision Plan identifying high density residential for the subject site.

 

PASSED by the City Council of the City of Blaine this 5th day of December, 2022.