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File #: ORD 22-2512    Version: Name: Rezoning (2nd Reading) - Blaine Lakes Apartments (22-0069)
Type: Ordinance Status: Agenda Ready
File created: 12/5/2022 In control: City Council
On agenda: 12/5/2022 Final action: 12/5/2022
Title: Second Reading Granting a Rezoning from B-3 (Regional Commercial) to DF (Development Flex) 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 110922, 3. Presentation

Development Business - Sheila Sellman, City Planner

 

Title

Title

 

Second Reading

 

Granting a Rezoning from B-3 (Regional Commercial) to DF (Development Flex) for 6.2 Acres at 551 87th Lane NE. Blaine Lakes Apartments (Sambatek) (Case File No. 22-0069/SAS)

end

 

Schedule of Actions

Planning Commission (Public Hearing)

11/09/22

City Council (1st Reading)

11/21/22

City Council (2nd Reading)

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.

 

Rezoning

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. Although there are no explicit findings that must be made in conjunction with rezoning, appropriate considerations include:

 

                     The proposed zoning will allow for construction of an apartment building.

                     The rezoning is consistent with the goals of the Comprehensive Plan to support the development of well-designed and appropriately located multifamily housing projects and accommodating housing growth through varied housing densities.

 

The DF (Development Flex) district (formerly known as the Residential Flex district), is intended to provide for greater flexibility in land use planning and maximize the choice of housing types and styles than is possible under the strict application of other sections of this ordinance. The DF district also attempts to create a reasonable balance between the interests of the property owner in freely developing his property with greater flexibility in land uses, and at the same time protect the interest of surrounding properties.

 

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 500 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 ordinance.

 

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

THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown with overstrike.)

 

Section 1.                      The Official Zoning Map of the Zoning Code of the Municipal Code of the City of Blaine is hereby amended to change the zoning classification of the following described property:

 

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)

 

Section 2.                     The above described property is hereby rezoned from:

 

[B-3 (Regional Commercial)]

to

DF (Development Flex)

 

Section 3.                     The City Manager is hereby directed to make the appropriate changes in the Official Zoning Map of the City of Blaine to reflect and show the changes in zoning classification as set forth above.

 

 

INTRODUCED and read in full this 21st day of November, 2022.

 

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