Development Business - Sheila Sellman, City Planner
Title
Title
A Resolution Adopting a Written Statement of Denial for the Conditional Use Permit Application of Blaine Apartments LLC to Construct a 111-Unit Apartment Building at 111 99th Avenue NE. (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 the Conditional Use Permit (CUP) 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) and a CUP for a 111-unit apartment building. The CUP was considered at the September 19, 2022 meeting where the item was tabled to October. The City Council considered the CUP on October 3, 2022 and voted not to 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 (Goracke 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, approve the Resolution.
Body
WHEREAS, Blaine Apartments LLC applied to the City of Blaine (the “City”) for Conditional Use Permit (“CUP”) to permit the construction of and set the performance standards for a 111-unit apartment building on the following described real property:
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 CUP application on August 10, 2022; and
WHEREAS, the Blaine City Council (the “Council”) addressed Blaine Apartments LLC’s CUP application on September 19, 2022, and tabled the matter at that time; and
WHEREAS, the Council addressed Blaine Apartments LLC’s CUP application on October 3, 2022; and
WHEREAS, Blaine Apartments LLC’s CUP application was made in conjunction with its request to rezone the above-described properties to Development Flex (“DF”); and
WHEREAS, the Council voted to deny Blaine Apartments LLC’s request to rezone the above-described properties to DF on October 3, 2022; and
WHEREAS, Chapter 29 of the Blaine Zoning Ordinance requires performance standards in DF-zoned lots be established by CUP; and
WHEREAS, due to the Council’s decision not to rezone the above described properties to DF, there is no basis for setting performance standards for those properties by CUP; and
WHEREAS, a written statement of denial of the CUP was not adopted by the Council at 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAINE RESOLVES AS FOLLOWS:
1. The above recitals are incorporated into this Resolution as if set forth herein;
2. The Council unanimously denied Blaine Apartments LLC’s request to rezone the above-described properties on October 3, 2022;
3. There is no basis for issuing a CUP for the above-described properties to set DF performance standards because the Council denied Blaine Apartments LLC’s rezoning request;
4. Therefore, the Council denied Blaine Apartments LLC’s CUP application on October 3, 2022.
PASSED by the City Council of the City of Blaine this 17th day of October, 2022.