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File #: RES 14-227    Version: Name: 14-02 - Emberwood Apts - CUP
Type: Resolution Status: Passed
File created: 12/18/2014 In control: City Council
On agenda: 12/18/2014 Final action: 12/18/2014
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF THREE (3) APARTMENT BUILDINGS WITH UP TO 147 UNITS AS PART OF A PHASED DEVELOPMENT IN THE DF ( DEVELOPMENT FLEX) ZONING DISTRICT AND TO ALLOW SHARED ACCESSES BETWEEN LOTS AT 126TH AVENUE/CENTRAL AVENUE NE. KASON, INC. (CASE FILE NO. 14-0002/LSJ)
Sponsors: Bryan Schafer
Related files: RES 14-225A, RES 14-226, ORD 14-2290
DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF THREE (3) APARTMENT BUILDINGS WITH UP TO 147 UNITS AS PART OF A PHASED DEVELOPMENT IN THE DF
( DEVELOPMENT FLEX) ZONING DISTRICT AND TO ALLOW SHARED ACCESSES BETWEEN LOTS AT 126TH AVENUE/CENTRAL AVENUE NE. KASON, INC. (CASE FILE NO. 14-0002/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
03/11/14
City Council (1st Reading Rezoning)
11/20/14
City Council (2nd Reading Rezoning, Comp Plan, Plat, CUP)
12/04/14
City Council - Postponed from 12/04/14)
12/18/14
                     (2nd Reading Rezoning, Comp Plan, Plat, CUP)
 
Action Deadline (Extended By City)
12/19/14
 
Background
Kason, Inc. is requesting approval of a comprehensive land use amendment, rezoning, preliminary plat and conditional use permit that would allow the company to construct three apartment buildings on three separate lots in a new development called Emberwood Apartments.  This property is located along the frontage road north of the Perkins/multi-tenant retail buildings on the northwest corner of Highway 65 and 125th Avenue.  This property was previously the topic of discussion in 2003 when the previous owner received approval to construct a 152 unit senior housing complex on this site.  Obviously, that development never came to fruition, but the land use and zoning remained on this property.  Most of the property has a current zoning designation of DF (Development Flex) and a land use of HDR (High Density Residential).  
 
Conditional Use Permit
As stated earlier, 147 market rate apartment units are being proposed with this development, but those units will be spread out in three buildings.  The applicant has proposed to develop the property in 3 phases.  The phasing plan indicates the northern building would be constructed first (47 units), the middle building second (47 units) and the southern building last (53 units).  All site improvements on the western edge of the property, adjacent to the residential area, will be constructed with the first phase of development.  The applicant has submitted a phasing plan that must be used to guide the phasing of developments for this project.  A condition has also been added that gives the first phase immediate approval and the second and third phases concept approval.  When the applicant has substantially completed phase I, staff and the Council can review the work completed and decide how to proceed with the last two phases.   
 
The site plan indicates that there will be three driveways on the site that access the frontage road.  The City Council has expressed an interest in moving the middle driveway to the north or eliminating that driveway and connecting the parking lots for a total of two accesses.  Staff has presented a design option for the driveways for approval that the applicant will need to design to City standards and add to the plan prior to site plan approval.  
 
Each building will have an underground parking garage and surface parking stalls.  For the three parcels, 314 parking stalls have been provided, which provides a parking stall/unit ratio of 2.13 stalls per unit.  This is generally acceptable as this is what has been provided for other market rate apartment projects proposed in Blaine.  There will be more than one stall per unit of underground parking provided for each unit.  Each parking lot for each building will be interconnected, which has been made part of the conditional use permit request.  A shared parking agreement must be provided prior to site plan approval being issued for the first building.   
 
The apartment buildings will be three floors each, and each unit will have a deck.  The buildings will be constructed with fiber cement siding, brick, adhered ledgestone and glass.  Technically, the buildings meet the requirement of the Highway 65 Overlay District, which is required in this instance as the building is adjacent to Highway 65.  
 
The Highway 65 Overlay District requirements must also be met with regard to the landscaping provided on site.  The following landscaping is required for this site, based on the site perimeter calculations:
 
Overstory Trees:
35
Conifer Trees
18
Ornamental Trees
18
 
In addition, 25% of these trees must be oversized.  The plan that has been provided is close to meeting these requirements.  Only 14 trees have been oversized, according to the plan, and 17 trees must be oversized.  This change will need to be made prior to site plan approval being granted for the site.  
 
Much of the landscaping for the site is being located in the rear yard of the buildings (west side of the site, adjacent to residential homes).  In addition to the landscaping on the west side of the site, the applicant will be required to construct a maintenance-free board on board fence along the entire length of the west property line.  The fence must be 6 feet in height.  
 
You will see that there is a trail/fire lane within the development that provides walking access as well as required fire access to areas of the buildings.  This is a 20-foot bituminous trail.  While staff is amenable to this pavement width for the trail, it would be more aesthetically pleasing to provide a 10-foot trail with a grass system (grasscrete) that extends out five feet on both sides of the trail.  The grasscrete system allows vehicles to drive on the grass area without having a large paved surface available for fire engines.  Whichever option occurs on site, a 20-foot driveable surface on this trail must be maintained at all times of the year for fire protection purposes.  This will be a recommended condition in the CUP.  
 
Staff is recommending that sidewalks extend to the trail from all doors on the west side of the building for easy pedestrian access.  Additionally, staff is recommending that a sidewalk be added that connects the front building sidewalk on the south building, to the south drive entrance so pedestrians can walk from the front of the building to the entrance to cross the street if necessary to access the commercial area.  
 
A narrative has been provided that explains the project in more detail and explains the interior finishes and amenities for the apartment buildings.  Throughout the whole project, the developer plans to provide 39 one bedroom apartments, 81 two bedroom apartments and 27 three bedroom apartments.  The rents for these units range from $1,060 per month to $1,550. The developer has labeled this project as a market rate apartment project.  
 
All lighting on site must meet there requirements of the Zoning Ordinance.  A lighting plan must be submitted that indicates foot candle readings throughout the site and that all lights are downlit and shielded to prevent glare or spill.  Pole mounted lighting is limited to 20-feet in height.  There shall be no lights installed on the rear of the building (west side) except for individual deck lights and required exit lighting and there shall be no freestanding lighting (other than bollard type lights along the trail) on the west side of the site.  
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Preliminary Plat
Site Plan/Grading Plan
Landscape Plan
Driveway Combination Plan
Building Elevations
Floor Plans
Narrative/Phasing Plan
 
Body
      WHEREAS, an application has been filed by Kason, Inc. as Conditional Use Permit Case File No. 14-0002; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 11, 2014; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be denied; and
 
      WHEREAS, the Blaine City Council has reviewed said case on November 20, 2014, December 4, 2014 and December 18, 2014.
 
      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 29.80 of the Zoning Ordinance to allow for construction of up to 147 units in three (3) different phases in a DF (Development Flex) zoning district and to allow shared accesses between lots at 126th Avenue/Central Avenue NE based on the following conditions:
 
1.      This CUP approval allows construction of one 47 unit building (north building). Project must be completed as directed by all plans and documents submitted for approval for the conditional use permit and as directed by any resolution of approval.  Plan must meet all City Zoning Ordinances and specifically the Highway 65 Overlay District requirements.
2.      Buildings #2 and #3 are given concept approval (Preliminary Site Plan Approval) only and must receive specific project approval (Final Site Plan Approval) from the City Council prior to a building permit as part of a subsequent City Council action or actions based on satisfactory progress on completion of Building 1.
3.      The Phasing Plan submitted in association with this application must be strictly adhered to.  All landscaping on the west side of the site must be installed with the first phase of development.  The six-foot high board on board maintenance-free fence along the west property line must also be constructed with the first phase of development.  
4.      The developer must take appropriate measures to control dust during all different phases of development. This includes, but is not limited to, seeding disturbed areas and watering down disturbed areas.
5.      The Highway 65 Overlay District requirements must also be met with regard to the landscaping provided on site.  The following landscaping is required for this site, based on the site perimeter calculations:
Overstory Trees:
35
Conifer Trees
18
Ornamental Trees
18
In addition, 25% of these trees must be oversized.  The plan that has been provided is close to meeting these requirements.  Only 14 trees have been oversized, according to the plan, and 17 trees must be oversized.  This change will need to be made prior to site plan approval being granted for the site.  
6.      The trail/fire access lane must be constructed as shown on the plans with a 10-foot bituminous surface and five feet of grasscrete on both sides of the bituminous surface.   A 20-foot driveable surface on this trail must be maintained at all times of the year for fire protection purposes.
7.      Sidewalks must extend to the trail from all doors on the west side of the building for easy pedestrian access.  Additionally, a sidewalk should be added that connects the front building sidewalk on the south building, to the south drive entrance so pedestrians can walk from the front of the building to the entrance to cross the street if necessary to access the commercial area.  
8.      Site plan approval is required prior to any work beginning on site.  In order to receive site plan approval, the developer will need to submit acceptable plans, a site improvement performance agreement and a financial guarantee that covers the cost of the exterior improvements on site and for each phase.  This financial guarantee for the cost of the site work must be in the form of 10% cash and the remainder of cost must be covered by an acceptable bank issued Letter of Credit.  
9.      All lighting on site must meet the requirements of the Zoning Ordinance.  A lighting plan must be submitted that indicates foot candle readings throughout the site and that all lights are downlit and shielded to prevent glare or spill.  Pole mounted lighting is limited to 20-feet in height.  There shall be no lights installed on the rear of the building (west side) except for individual deck lights and there shall be no freestanding lighting (other than bollard type lights along the trail) on the west side of the site.  
10.      All signage is issued under a separate permit.  
11.      Hydrants should be placed on site as directed by the Community Standards Department (Fire Inspection).  
12.      A shared parking agreement for the shared accesses between sites must be provided prior to site plan approval being issued for the first building.   
13.      SAC and WAC payments will be due prior to issuance of first building permits for each building.  
14.      The buildings construction and components to meet the Noise Abatement Standards outlined by Zoning Section 33.22 based on the site's proximity to Highway 65 and 125th Avenue.  
15.      This building will need to be licensed under the City's annual Rental License Program.  
16.      Coon Creek Watershed review and permit is required prior to any activity occurring on site.
17.      All apartment unit interiors to provide wood or ceramic tile flooring (where carpet is not provided), solid surface counter tops, upgraded appliances, upgraded cabinets and solid panel interior doors. All of these interior finish elements to be subject to the approval of the City prior to installation.   
18.      The drawing presented by staff regarding the east driveway combination must be redrawn by the applicant to meet all city standards and presented on site plans during the site plan approval process.  
 
PASSED by the City Council of the City of Blaine this 18th day of December 2014.