Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit to Allow for a 196-Unit Apartment in a DF (Development Flex) Zoning District at 551 87th Lane NE. Blaine Lakes Apartments (Sambatek) (Case File No. 22-0069/SAS)
end
Executive Summary
The applicant is requesting a Conditional Use Permit to allow for a 196-unit apartment in the DF (Development Flex) zoning district.
Schedule of Actions
|
Planning Commission Public Hearing |
11/09/22 |
|
City Council (Conditional Use Permit) |
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.
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.
Conditional Use Permit
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The proposed apartment building will not put an excessive burden on parks, schools, streets or utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. The use is designed to be compatible with the adjoining properties of retail and single family. The use meets the intended character of the zoning district.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The proposed use is well designed and has a scaled back design on the ends closest to the single family uses.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The proposed DF district is to provide for flexibility in land use and maximize housing choice. The proposed development is consistent with that purpose.
6. The use shall not be in conflict with the comprehensive plan of the City. . The use has a net density of 32 units/acre which is not in conflict with the HDR-2 designation that allows up to 60 units/acre.
7. The use will not cause traffic hazard congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area. The site will maintain its current access and is not connecting to the adjacent neighborhood.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads and necessary drainage facilities to service the proposed development.
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 conditional use permit. There were about fifteen people in attendance at the public hearing. Members from the public expressed concern 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.
A summary from the applicant is attached.
Staff Recommendation
By motion, adopt 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, an application has been filed by Sambatek as Conditional Use Permit Case File No. 22-0069 for Blaine Lakes Apartments; and
WHEREAS, said case involves the property 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 November 9, 2022, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on December 5, 2022; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Sections 27.03, 27.04, 29.110, and 74-81of the Zoning Ordinance to allow for a 196-unit apartment building with a zero-line setback for parking on the west side of the lot in a DF (Development Flex) zoning district with the following conditions:
1. Floor plans, elevations, and civil plans shall be generally consistent with the plans dated October 31, 2022.
2. The following building setbacks shall be met:
a. Front (87th) - 40 feet
b. Front (89th) - 65 feet
c. Side (west) - 20 feet
d. Side (east) - 191 feet
3. The parking lot setback shall be at least 15 feet but can be up to a zero-lot line for the west side.
4. At least three premium materials shall be present on each elevation comprising at least 50% of the wall area of each façade and the building and elevations shall be treated similarly. Premium materials include any materials listed in 30.54(e)(1) of the zoning code.
5. All disturbed areas, except those within stormwater basins or associated buffers shall be sodded.
6. At a minimum the following quantities of plantings are required:
a. Overstory: 25
b. Conifer: 25
c. Ornamental: 25
d. Shrub: 168
7. This conditional use permit approval is contingent upon the approval of a comprehensive plan amendment by the Metropolitan Council from CC (Community Commercial) to HDR-2 (High Density Residential).
PASSED by the City Council of the City of Blaine this 5th day of December, 2022.