Sponsor - Shawn Kaye, Planner
Title
Title
Public Hearing Case File No. 23-0015 // Radisson Road Townhomes (Ron Clark Construction) // 11967 and 11985 Radisson Road NE
The applicant is requesting the following:
1. Comprehensive plan amendment to change the current land use from HDR (High Density Residential) to MDR (Medium Density Residential).
2. Preliminary plat to subdivide 8.41 acres into 76 townhome lots and one outlot.
3. Conditional use permit amendment to allow 76 townhomes in a DF (Development Flex) zoning district.
end
Background
|
Zoning |
Development Flex |
|
Land Use |
HDR (High Density Residential) |
|
Area |
8.41 Acres |
|
Applicable Regulations |
Sections 27.03, 27.04, 29.110, 75-32 |
|
Attachments |
Zoning and Location Map |
|
|
Preliminary Plat |
|
|
Site Plan |
|
|
Grading |
|
|
Landscape Plan |
|
|
Elevations |
|
|
Floor Plans |
|
|
Tree Preservation Plan |
|
|
View from Northwest |
|
|
Cross-section |
|
|
Trip Generation Memo |
|
|
Narrative |
|
|
Anoka County Highway Department Letter |
|
|
Neighborhood Meeting Summary |
|
Schedule |
Planning Commission: 03/14/23 |
|
|
City Council: 04/03/23 |
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer
Zoning
The subject site is zoned DF (Development Flex).
Surrounding Zoning and Uses
The surrounding properties to the north and east are zoned DF. The Lakes development is located to the north and east and the subject sites are developed with townhomes. The site to the south has a land use of MDR and a FR (Farm Residential) zoning with one single family home located on the parcel. Radisson Road is adjacent on the west side of the property.
Existing Conditions
The site currently has a wetland in the middle of the site, trees and two existing single-family homes.
History
United Properties received a conditional use permit to construct an 88-unit 3 and 4 story senior (Age 62+) cooperative building on September 8, 2021.
The approval also included:
• A rezoning from FR (Farm Residential) to DF (Development Flex).
• A preliminary plat to combine two parcels into one parcel with right-of-way for 121st Avenue.
• A comprehensive plan amendment from MDR (Medium Density Residential) to HDR (High Density Residential).
The proposed density of the multi-family building was approximately 12.46 units per acre. The amendment was requested because apartments/cooperatives are not listed in the MDR definition in the 2040 Comprehensive Plan and are solely listed in the HDR definition.
Comments at the public hearing for the proposed senior cooperative building were related to wildlife being impacted, increased traffic, access from Radisson Road and 121st Avenue, height of the building, suggested townhomes or single family instead of the cooperative complex, the notion that it is not fair for non-contributors of The Lakes Homeowners Association using The Lakes roadways, crime in the underground parking garage, speed of traffic, tree preservation, value being preserved in the neighborhood, drainage, if the units could be converted to rentals, and security of the site.
The public road 121st Avenue NE is stubbed to the northeast corner of the property to provide access to these parcels as Anoka County had previously stated that no access to Radisson Road would be granted. United Properties approached Anoka County to discuss the proposed Applewood Pointe Senior Cooperative and to request a public road access that would function as a right-in/right-out only due to the existing median along Radisson Road. Anoka County granted an approval for the proposed public road connection to Radisson Road for the Applewood Pointe Development. There was a point during the approval process when Anoka County stated that the public road access was not going to be permitted, however, the approval was already received in writing. Therefore, it was noted that should the proposed development be altered, the approval of access to Radisson Road would be rescinded.
United Properties has indicated to staff that the construction market has caused prices of the units to become too high for the market and have abandoned the project.
The revised townhome proposal was reviewed at the January 4, 2023, council workshop. Council consensus was to support the proposed changes.
Comprehensive Plan Amendment
The applicant is requesting a change from High Density Residential to Medium Density Residential. This request would make the land use designation the same as it was prior to the Applewood Pointe proposal.
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 Comp Plan Designation
The current land use designation is HDR. This designation is for townhome/apartment development at a density of 12-25 units an acre. The applicant is requesting an amendment to change to MDR to allow for townhomes at 6-12 units an acre for density. As proposed, the density is 9.04 units an acre.
The Proposed Designation Intent
The MDR is intended for residential purposes, including triplexes, quads, and townhomes. Uses include attached single-family homes such as triplexes, quads, and townhomes. The proposed development is consistent with the MDR designation as there are 76 new townhome units proposed.
Preliminary Plat Standards of Review
1. The Planning Commission and the Council, in their review of the preliminary plat, will consider the requirements of the community, the best use of the land being subdivided, the size and arrangement of the proposed lots, open space requirements, and necessary fire protection.
2. The subdivision shall conform to the adopted comprehensive plan, official maps, and the zoning ordinance.
3. The arrangement, character, extent, width and location of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to water supply, and sewage disposal, to drainage of stormwater, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets. Wherever possible and necessary, the arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining areas. Where adjoining unsubdivided areas may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.
Evaluation of Request
Plat
The applicant is proposing to develop approximately 8.41 acres into 76 townhome lots, and one outlot for common space and private drives. The DF zone does not have minimum lot sizes.
As proposed the lot sizes are as follows:
• Lots 1-76 range from .035 acres to .050 acres.
• Outlot A (common area and private drives): 4.925 acres.
Architecture
The proposed townhomes will have varying roof styles and exterior treatments. The front elevations exterior materials will include LP SmartSide lap siding, panels and trim. The side and rear elevations will include some vinyl lap siding and trim.
All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations presented with the CUP submittal. Included with the report are examples of the elevations and floor plans that were submitted by the applicant. Use of premium materials such as brick, natural stone, stucco, cementious or engineered wood siding or shake shingle siding are to be used on all front elevations. Vinyl/metal siding can be utilized on the side and rear elevations, which is proposed.
Setbacks
The DF zoning district does not have set standards for setbacks; these are determined as part of the CUP. The building and garages for the townhomes have a minimum front setback of 20 feet measured from the edge of curb on the private drive. Townhome buildings have a minimum of 15 feet between buildings.
Decks must be within the footprint of the lot.
Perimeter setbacks are as follows:
• Radisson Road setback - Building 50 feet and Parking 30 feet.
• North, South, and East setback - Building 30 feet and Parking 20 feet.
Parking
In addition to the two garage stalls per unit, there shall be one parking space for each three units for guest parking. Guest parking may include on street parking spaces on private roads. The site plan has 32 guest parking stalls shown. The parking provided meets the Zoning Ordinance requirement.
Landscaping
The proposed landscape plan meets requirements with 228 trees being planted. The buildings were placed on the site to create an opportunity to preserve the existing trees along the north property line. Additional trees will be added to areas to create buffers along the site perimeter where there aren’t existing trees, this would include the perimeter and adjacent to the pond and play area.
Tree Preservation
Approximately 8.02 acres of trees will be disturbed during construction and the City’s tree preservation requirement includes replacing eight trees per acre for all disturbed portions of the development. This would mean that 64 trees would be required for tree replacement purposes. The developer has proposed a total of 228 trees within this development. The tree preservation replacement requirement has been met.
Park Dedication
Park dedication will be required for the 76 new units being constructed at the rate of $4,894 per unit (2023 rate), for a total park dedication fee of $371,944. This amount must be paid prior to releasing the plat mylars for recording at Anoka County.
Grading/Storm Drainage
The developer is proposing to grade the entire site as shown on the 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, roadway, and storm drainage plan sheets. Supporting wetland delineation report, geotechnical investigation report, soil boring logs, and hydrology report shall be included in the submittal for city review and approval.
The grading plan shall provide greater detail on protecting existing trees and providing additional information on adjacent property.
For each row of townhomes proposed to be constructed, as-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
Utilities
Standard water and sanitary sewer access charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
Trunk area charges for Sanitary Sewer District 6 will apply to this project. The upland area for this project contains 8 acres of upland at the district 6 area rate of $6,853 per acre for a total charge of $54,824.
Utilities will be extended to the edge of the plat for future connection to adjacent parcels.
Hydrant locations must be reviewed and approved by the Fire Department.
Developer shall explore water source for landscape irrigation systems installed throughout the development including the possible use of created ponds or storm water reuse.
Wetlands/Watershed/FEMA
The developer will need to submit the project to Coon Creek Watershed District (CCWD) review, approval and permits required prior to city plan approval and start of site work.
The proposed development is proposing to fill in the existing wetland that is within the middle of the property. Documentation of the TEP approval and that appropriate wetland credits were purchased is required.
The development shall indicate that all structures are protected from flooding by processing a Letter of Map Change with FEMA prior to issuance of building permits within the unnumbered A-Zone on the FEMA flood map. Developer shall provide all FEMA paperwork and structure as-built surveys to homeowners at time of lot closing. Developer is responsible for following through with FEMA as necessary to receive final FEMA documents and to provide those documents to the homeowners, and to record the final documents on the certificate of title for each parcel in the development.
Access/Street Design/Sidewalks/Trails
The development if proposing to gain/provide access from extending 121st Avenue NE from the existing stub end to the east property line of the development. A ghost plat has been provided to ensure that the proposed 121st Avenue NE extension can be connected to the existing end of Urbank Circle NE as that property develops.
As stated in the history section, the public road 121st Avenue NE is stubbed to the Northeast corner of the property to provide access to these parcels as Anoka County had previously stated that no access to Radisson Road would be granted.
United Properties approached Anoka County to discuss the proposed Applewood Pointe Senior Cooperative and requested a public road access that would function as a right-in/right-out only due to the existing median along Radisson Road. Anoka County granted an approval for the proposed public road connection to Radisson Road for the Applewood Pointe Development. There was a point during the approval process that Anoka County stated that the public road access was not going to be permitted, however, the approval was already received in writing. Therefore, it was noted that should the proposed development be altered, the approval of access to Radisson Road would be rescinded. Therefore, Anoka County is not willing to approve an access to Radisson Road for this project.
All local roads shall be constructed to 29-feet back-to-back of width and will extend to the edge of the plat for future connection with adjacent parcels.
Six-foot concrete sidewalks are required to be constructed on one side of all local streets. Location to be determined in the plan review process.
As part of the street design, the development will be required to provide street lights along 121st Avenue NE and they shall be installed in the manner, location and type prescribed by the City Engineer. The developer shall pay the costs of all the street lighting installations. The City agrees to pay the cost of maintaining the portion of the lights that are installed that reflect the normal and typical lighting requirements by the City.
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.
All local public streets require dedication of 60-feet of right-of-way.
Any work performed within the Anoka County Right of Way for Radisson Road will require a permit from the Anoka County Highway Department.
Traffic
The applicant provided a trip generation memo. The assessment conclusion stated that the trips added at each intersection by this development are expected to have minimal impact on traffic operations.
Neighborhood Meeting
As required by the adopted neighborhood meeting policy, the developer is holding a neighborhood meeting on March 8, 2023 at Blaine City Hall. A summary of the meeting will be forwarded to the Planning Commission as soon as it is received.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
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.
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. This area is currently guided by the Comprehensive Land Use Plan to allow up to 25 units per acre of density (HDR) and as amended up to 12 units per acre (MDR). The area with the proposal calculates to about 9.04 units per acre (previously approved for 12.46 units per acre). The school district staff meets with planning staff annually to receive updates on potential growth. The proposed use will not place 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 surrounding properties are guided MDR (Medium Density Residential). The proposed use is compatible.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The use is townhomes, which is consistent with the MDR land use and existing townhomes of the surrounding properties.
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 purpose of the DF (Development Flex) zoning district is 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.
6. The use shall not be in conflict with the comprehensive plan of the City. The proposed land use of MDR allows 2.5-12 units per acre of townhomes. The development calculates to about 9.04 units per acre and is not in conflict with the Plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
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,
Recommendation
In Planning Case File No. 23-0015, it is recommended that the Planning Commission recommend approval of a comprehensive plan amendment to change the current land use from High Density Residential to Medium Density Residential according to the following rationale:
1. The proposed land use meets the goals of the land use chapter to recognize varied housing densities as a means of accommodating community growth through the encouragement of appropriately designed and located townhomes and apartments, a variety of single-family detached homes with clustering varying lot sizes and shared open space.
2. The proposed amendment meets the goals of the housing chapter to provide housing opportunities that meet the needs of all generations and income levels and supporting the development of housing that mees the needs of the population today as housing preferences change.
3. The proposed amendment is consistent with the existing land use of MDR on the parcels to the north, south, and east.
In Planning Case File No. 23-0015, it is recommended that the Planning Commission recommend approval of a preliminary plat to subdivide 8.41 acres into 76 townhomes and one outlot with the following conditions:
1. Park dedication is required for the 76 units being constructed at the rate of $4,894 per unit (2023 rate), for a total park dedication fee of $371,944. This amount must be paid prior to releasing the plat mylars for recording at Anoka County.
2. All development signage by separate review.
3. The developer must meet the City’s tree preservation requirements by planting 64 replacement trees for the 8.02 disturbed acres. This is part of the overall landscape plan that includes 228 trees be planted.
4. The overall development shall be certified by a professional engineer licensed in the State of Minnesota and indicate all structures shall be protected from flooding.
5. Plans and specifications must be approved by the City prior to start of construction.
6. CCWD permit is required prior to city approval of construction plans and specifications.
7. Anoka County Highway Department permit for work in the right of way is required prior to approval of construction plans and specifications.
8. Development requires a National Pollutant Discharge Elimination System (NPDES) Phase II General Storm Water Permit for Construction Activity from Minnesota Pollution Control Agency (MPCA). A prerequisite to the MPCA permit application includes preparation of a site Storm Water Pollution Prevention Plan (SWPPP) for the development site.
9. Construction contract documents shall include a mass (rough) grading, erosion protection, sediment control, development, utilities, roadway, and storm drainage plan sheets. Supporting wetland delineation report, geotechnical investigation report, soil boring logs, and hydrology report shall be included in the submittal for city review and approval.
10. The grading plan shall provide greater detail on protecting existing trees and providing additional information on adjacent property.
11. Standard utility and drainage easements must be dedicated along all lot lines and over areas of delineated wetlands, wetland mitigation, infiltration trenches, drainage swales, and storm water management ponds.
12. The Developer is to provide access for inspection and maintenance of storm water management infrastructure. Restrictions will be placed on lot lines as needed to limit fences and landscaping to insure access.
13. All local public streets require dedication of 60 feet of right-of-way and shall be constructed to 29 feet back-to-back of width.
14. All streets will follow the Anoka County street name grid system.
15. Street and utility extensions are required to the edge of the plat for each future connection to the adjacent parcels.
16. Sidewalks and or trails are required on all streets and location will be determined in the plan review process.
17. Streetlights shall be installed in the manner, location and type prescribed by the City Engineer. The Developer shall pay the costs of all the street lighting installations. The City agrees to pay the cost of maintaining the portion of lights that are installed that reflect the normal and typical lighting requirements of the City. Additional lights, and those within neighborhoods that are installed by the Developer will be required to be maintained by the Homeowners Association.
18. Hydrant locations must be reviewed and approved by the Fire Department.
19. Developer is responsible to pay for the trunk area charges for Sanitary Sewer District 6. The upland area for this project contains 8 acres of upland at the district 6 area rate of $6,853 per acre for a total charge of $54,824.
20. Water and sanitary sewer availability charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
21. Developer shall explore water source for landscape irrigation systems installed throughout the development including the possible use of created ponds or storm water reuse.
22. Developer to install grouped mailboxes with design and locations approved by the City and US Postal Service.
23. As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
24. The Developer shall process a Letter of Map Change with FEMA prior to issuance of building permits within the unnumbered A-Zone on the FEMA flood map. Developer shall provide all FEMA paperwork and structure as-built surveys to homeowners at time of lot closing. Developer is responsible for following through with FEMA as necessary to receive final FEMA documents and to provide those documents to the homeowners, and to record the final documents on the certificate of title for each parcel in the development.
25. The Developer is responsible for recording the plat mylars with Anoka County. Proof of recording must be provided to the City prior to issuance of building permits.
26. Execution and recording of a development agreement which sets forth in greater detail the plat conditions as well as other responsibilities for the development of this plat.
In Planning Case File No. 23-0015, it is recommended that the Planning Commission recommend approval of a conditional use permit amendment to allow 76 townhomes in a DF (Development Flex) zoning district with the following conditions:
1. The construction of all townhomes to be generally guided by the approved CUP resolution and consistent with the depictions, drawings and information on the plans attached to the staff report.
2. All site plan and unit plans require approval from the Planning Department prior to any work being performed onsite.
3. No detached accessory structures are allowed except if needed to house underground irrigation controls.
4. All homes within 500 feet of 125th Avenue NE, to incorporate the Noise Abatement Standards with central air conditioning to mitigate noise impacts.
5. Townhomes must be setback at least 20 feet from private drive.
6. Decks must be located within the townhome lot.
7. Approval is contingent upon the Metropolitan Council review and approval of the requested comprehensive plan amendment.
8. The following trees are required onsite: 1 overstory deciduous, 1 coniferous, and 1 ornamental per unit, for a total of 228 trees.
9. Underground irrigation must be used for all landscaped areas.
10. Sod shall be required on all disturbed areas.
11. Developer to require homeowner’s associations to be responsible for maintenance and upkeep of landscape improvements along and within the right-of-way.
12. In addition to the two garage stalls per unit and driveway parking, there shall be one parking space for each three units for guest parking. Guest parking may include on street parking spaces on private roads if the width of the street meets the public road on street parking requirements.
13. Perimeter setbacks are as follows:
a. Radisson Road setback - Building 50 feet and Parking 30 feet.
b. North, South, and East property line setbacks - Building 30 feet and Parking 20 feet.