Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit to Allow for the Construction of 16 Single-Family Lots and Standards with Two Existing Homes in a DF (Development Flex) Zoning District at 2741 and 2775 125th Avenue NE. Meadowland Estates West (Herbst Raich Investments, LLC) (Case File No. 22-0014/SLK)
end
Executive Summary
Meadowland Estates West is an 18-lot single-family subdivision. The development requires a rezoning, conditional use permit and preliminary plat, and is generally consistent with the adjacent developments.
Schedule of Actions
|
Planning Commission Public Hearing |
04/12/22 |
|
City Council (Conditional Use Permit) |
05/16/22 |
|
Action Deadline |
07/13/22 |
Background
Staff report prepared by Shawn Kaye, Associate Planner, and Teresa Barnes, Project Engineer
Zoning
The property has an existing zoning designation of FR (Farm Residential). The applicant is proposing to rezone to be DF (Development Flex).
Land Use Designation
The parcel has a land use of LDR (Low Density Residential) and this designation allows 2.5 to 6 units per acre. Therefore, the proposed 2.5 units per acre would meet the LDR density requirements.
Surrounding Zoning and Land Uses
The surrounding properties are zoned DF and also guided LDR (Low Density Residential).
Existing Conditions
The site currently is two lots which has wetlands, approximately 3 acres of trees, a county ditch (north to south), Anoka County storm pond for 125th Avenue, and open grass areas. There are two existing single-family homes.
History
A concept/ghost plan that was included in the Meadowland Estates plat for Lot 6 and 7 has been included to identify how Lot 6 and 7 could potentially be developed in the future by providing access from the north and potentially from the south between proposed Lots 5 and 8.
Evaluation of Request
The applicant is proposing to develop approximately 19.24 acres into 16 single family lots for slab on grade type home, one outlot, and two lots for existing homes. The 16 single family lots have lot widths of 53-54 feet in width. The outlot will be used for flood plain storage, an existing ditch, and wetlands. The square footage of the proposed lots would range from 7,054 square feet (newly created lot) to 223,687 square feet (existing home lot).
Architectural
The developer is proposing to construct a villa type home in this development. The homes range in size from 1,600 square feet to 2,300 square feet.
All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations presented with the conditional use permit 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. There should be a variety of home styles, front elevations and colors to provide maximum housing variety within each neighborhood. Developer to establish criteria to ensure that adjacent single-family homes built within the development do not have the same exterior color or architectural elevations.
Currently, the applicant does not plan to have a Homeowners Association for the homes within the plat.
Setbacks
• Front yard setback - 25 feet
• Side yard setback - 6.5 feet for house and garage.
• Corner side yard setback - 20 feet.
• Rear yard setback- 30 feet
Landscaping
Each lot in the development will be required to have the standard two trees per lot with extra plantings on corner lots. The smaller size of the lots makes it difficult to plant two trees in the front yard. Therefore, one tree will be required in the front yard and one tree in the rear yard. The landscape plan also includes additional trees along the street as you enter the development, the driveway for the two existing homes, and at the end of the cul-de-sac. This landscaping will also help to meet tree preservation requirements.
Tree Preservation
Approximately 1.4 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 11 trees would be required for tree replacement purposes. The developer has proposed a total of 49 trees within this development, including individual lot landscaping. The tree preservation replacement requirement has been met.
Park Dedication
Park dedication will be required for the 16 new lots being constructed at the rate of $4,449 per unit (2022 rate), for a total park dedication fee of $71,184. 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 plat as shown on the CCWD and city approved grading, drainage, erosion protection and sediment control plans prepared by the Developer's Engineer. The plans shall 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.
For each lot a house is proposed to be constructed, As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
Water/Sanitary Sewer Services
The developer will be responsible for Trunk Sanitary Sewer area charge that becomes due with platting for upland acreage. The 2022 rate for Sanitary Sewer District 6 is $6,527.00 per upland acre and will be applied to the acreage platted, this phase is proposing to develop 4 acres of upland for a total sewer area charge of $26,108.
The 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.
Wetlands/Watershed/FEMA
The plat will need to provide for a protective buffer strip of natural vegetation, at least 15-ft in width (but 25-ft is preferred) shall surround all wetlands. This buffer strip shall be placed in easement.
The developer will need to submit the project to the Coon Creek Watershed District (CCWD) for review, approval and permits required prior to city plan approval and start of site work.
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 is proposing to provide access from a connection to 125th Avenue. As this is a county road the developer will need to construct any improvements as outlined in the development review of Anoka County’s plat review comments.
As part of the street design the development will be required to provide street lights and they shall be installed in the manner, location and type prescribed by the City Engineer. The Developer shall pay the costs of all of 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.
Easements/Right-of-way/Permits
The developer will need to obtain any and 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 proposed local public streets will require a dedication of 60-feet of right-of-way.
Airport Noise Considerations
Due to the proximity of portions of this development to 125th Avenue, Lots 11-18 (preliminary plat) are required in the Zoning Ordinance to incorporate the Noise Abatement Standards because they are constructed within 500 feet of 125th Avenue.
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. This area is guided by the Comprehensive Land Use Plan to allow up to six units per acre of single-family homes. The area with the proposed 18 units calculates to about 2.5 units per acre. The school district staff meets with Planning staff annually to receive updates on potential growth. The proposed single-family use 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 surrounding properties are guided LDR (Low 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 single-family homes, which is consistent with the designated LDR land use and the land use of 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. This land use allows up to six units per acre and single-family homes. The area with the proposed 18 units calculates to about 2.5 units per acre and is not in conflict.
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.
Strategic Plan Relationship
Not Applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.
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.
Staff Recommendation
By motion, approve the resolution.
Attachment List
Zoning and Location Map
Existing Conditions
Preliminary Plat
Overall Grading Plan
Utility Plan
Landscape Plan
Tree Preservation
Ghost Plat for Lot 6 and 7
Narrative
House/Floor Plans
Public Comments
Unapproved Planning Commission Minutes 4/12/22
Body
WHEREAS, an application has been filed by Herbst Raich Investments, LLC as Conditional Use Permit Case File No. 22-0014 for Meadowland Estates West; and
WHEREAS, said case involves the property described as follows:
That part of the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of Section 3, Township 31, Range 23, Anoka County Minnesota lying North of Anoka County Highway Right-of-Way Plat Number 46. (Abstract)
AND
That part of the West ½ of the West ½ of the Southeast ¼ of the Southwest ¼ of Section 3, Township 31, Range 23, lying Norht of the North right of way line of CSAH No. 14, Anoka County, Minnesota. (Abstract)
WHEREAS, the Blaine Planning Commission held a public hearing on April 12, 2022, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on May 16, 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 Section 29.110 and 27.04 of the Zoning Ordinance to allow for the construction of 16 new single-family lots and standards for two existing homes in a DF (Development Flex) zoning district with the following conditions:
Single Family - DF Development Standards
Permitted Uses
1. Single-family detached dwellings.
2. Group family daycare.
Accessory Uses
1. Private garages - one detached accessory structure, with area less than 120 square feet, will be permitted with the exception of the existing home on Lot 6. Lot 6 will be permitted to have the existing two detached structures of 600 square feet and 1,200 square feet.
2. Private swimming pools/meeting the requirements of Blaine Municipal Code Chapter 18 Article IX.
3. Keeping of not more than two (2) boarders and/or roomers per dwelling unit.
Conditional Uses
1. Home occupations listed as Conditional Uses in Section 33.10.
Standards
1. Front yard setback - 25 feet
2. Side yard setback - 6.5 feet for house and garage.
3. Corner side yard setback - 20 feet.
4. Rear yard setback - 30 feet
5. Maximum building height - 2 ½ stories or 35 feet.
6. It shall be required for all single-family dwellings that there be an attached garage constructed of a minimum of four hundred (400) square feet, with no dimension less than 20 feet. Total garage space shall not exceed one thousand (1,000) square feet. Detached garages or accessory storage buildings above 120 square feet are not permitted. One detached accessory storage building below 120 square feet is permitted provided it meets 5-foot side and rear yard setbacks and be located within the rear yard with an exception for Lot 6. Lot 6 will be permitted to have the existing two detached structures of 600 square feet and 1,200 square feet.
7. The minimum finished floor area above grade for all homes shall be 1,500 square feet.
8. All homes shall have a minimum depth and width of 24 feet.
9. 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. There must be a variety of home styles, front elevations and colors to provide maximum housing variety within each neighborhood. Developer to establish criteria to ensure that adjacent single-family homes built within the development do not have the same exterior color or architectural elevations.
10. All homes to incorporate multiple gables or varied roof lines and articulation of the front façade.
11. All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
12. Driveways shall not be constructed closer than 3 feet to the property line. All driveways and approaches shall be hard surfaced using concrete, bituminous asphalt or other City approved material that is consistent in durability and quality.
13. It shall be required that all yards of a new single-family dwelling be sodded over a minimum of 4 inches of topsoil (black dirt containing not more than 35 percent sand). Yards may be seeded over 4 inches of black dirt if underground irrigation is installed with the home.
14. Each lot shall contain one front yard tree and one rear yard tree with a minimum of 2½-inch caliper. Corner lots shall contain an additional yard tree.
15. All development entrance signage requires a separate permit.
16. All homes within 500 feet (Lots 11-18 preliminary plat) of 125th Avenue NE, to incorporate the Noise Abatement Standards with central air conditioning to mitigate noise impacts.
PASSED by the City Council of the City of Blaine this 16th day of May, 2022.