Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit to Allow for the Construction of 106 Single Family Lots in a DF (Development Flex) Zoning District at 13101 Lever Street NE. Preserve at Lexington Waters (Blaine 2022, LLC) (Case File No. 22-0021/SAS)
end
Executive Summary
Preserve at Lexington Waters is a 106 single family subdivision. The development requires a rezoning, conditional use permit and preliminary plat. The proposal is generally consistent with the adjacent developments.
Schedule of Actions
|
Planning Commission Public Hearing |
05/10/22 |
|
City Council (Conditional Use Permit) |
06/06/22 |
|
Action Deadline |
06/11/22 |
Background
Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer
Zoning
The subject site is zoned FR (Farm Residential), and the applicant is requesting to rezone the property to DF (Development Flex) to develop the site.
Land Use Designation
The site has a land use designation of LDR (Low Density Residential) which allows development of 2.5 - 6 units per acre. The proposed subdivision is 2.5 units per acre and meets this standard.
Surrounding Zoning and Land Uses
The property to the west is zoned Development Flex (DF) and has recently been approved for 272 single family lots. The property to the south is also zoned DF and consists of single-family residences. Parcels to the north are located in Ham Lake and parcels to the east are located in Lino Lakes.
Existing Conditions
The site currently has a single-family home and several accessory buildings. There are wetlands on the site and an area with protected plant species.
History
A ghost plat was submitted with the Mill Pond Development in 2018, and at that time wetland information wasn’t available for the subject site; the ghost plat was more for demonstrating future road connections. The proposed plat does provide these connections.
Evaluation of Request
Plat
The proposed plat creates 106 single-family lots and three outlots. As proposed, 64 lots will have a lot width of 60 feet and 42 lots will have a lot width of 75 feet or more. The lots range in size from 7,752 square feet to 18,837 square feet. The smaller lots are for raised ranch homes that are one level living with a lower level and the larger lots will be for traditional two-story homes.
Architecture
There are two housing types proposed for this development, two-story and raised ranch. The two-story homes for the larger lots are proposed to be built by Jonathan Homes. There are four different house plans that each have their own subset of housing styles. The homes range from 4,021 square feet to 4,572 square feet. There are 4-car garage options and indoor sport court options. The homes have James Hardie siding and brick accents and each house has a variation of a front porch. This builder has been most recently active in the Wagamon Ranch development on the north end of Harpers Street.
The raised ranch range homes range from 1,527 square feet to 2,513 square feet. This home style has one level living with a lower-level finished area. These homes have front porches and 3-car garages. The front elevations have vinyl siding, shakes and batten and board with some brick accents.
All homes are to be consistent in architecture, materials and style with the drawings/elevations presented with the conditional use permit submittal. Included with this 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 and 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. The plans for the two-story homes accomplish these requirements. The one level homes show vinyl siding on the front, to be consistent with the area and the DF zoning district these materials should be upgraded.
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.
A Homeowners association is proposed which will include architectural review and maintenance of entrance monuments and common area.
Setbacks
• Front yard setback - 25 feet
• Side yard setback - 6.5 feet
• Corner side yard setback - 20 feet
• Rear yard setback - 30 feet
Landscaping
Each lot in the development is required to have the standard two trees per lot with extra plantings on the corner lots. The smaller lots make it difficult to plant two trees in the front yard. It has been standard practice in the DF zoning district to allow one tree in the front yard and one tree in the rear yard. The landscaping plan provides for the planting on 221 trees, which includes three trees for corner lots.
Tree Preservation
Approximately 46.5 acres of trees are proposed to be removed/disturbed during construction. The City’s tree preservation requirement requires replacement of eight trees per acre for all disturbed portions of the development. With 46.5 acres being removed/disturbed 372 trees are required to be replaced onsite. The landscape plan shows 221 trees; therefore 151 more trees need to be planted onsite. The landscape plan should be revised to include the additional trees, or the applicant can pay into the reforestation fund at $400 per tree or a combination of both.
The site has its challenges with the wetlands and protected species. The total area that is being preserved with wetlands, trees, protected plants is 38.55 acres. This will remain as open space and is not developable.
Park Dedication
Park dedication is required for the 106 lots being created at a rate of $4,449 per lot (2022 rate) for a total park dedication of $471,594.
Grading/Storm Drainage
The developer is proposing to grade the entire site as shown on the 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.
The grading plan shall provide greater detail on protecting existing trees and providing additional information on adjacent property.
For each lot a house is proposed to be constructed on, 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 charges that become due with platting. The 2022 rate for Sanitary Sewer District 7 is $7,046 per upland acre and will be applied to the acreage platted, this phase is proposing to develop 60.21 acres of upland for a total trunk sewer area charge of $424,239.
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.
The developer shall be responsible for assessments for the Lever Street project that includes street, sanitary sewer, and water main improvements for City Project No. 17-07; Parcel 01-31-23-12-0005 currently owes $20,525.48 and Parcel 01-31-23-12-0007 currently owes $50,761.92.
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 plat will need to provide for a protective buffer strip of natural vegetation, at least 15-ft in width surrounding all wetlands. This buffer strip shall be placed in easement.
The developer will need to submit the project to Rice Creek Watershed District (RCWD) 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, 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 gain/provide access from connections to Lever Street NE, Opal Street NE, and 132nd Lane NE.
All local roads shall be constructed to 29-feet back-to-back of width.
Six-foot concrete sidewalks are required to be constructed on one side of all local streets.
A bituminous trail is required between the two cul-de-sacs.
As part of the street design, the development will be required to provide streetlights 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.
The City of Blaine has not planned or constructed the necessary infrastructure (street, sanitary sewer, or watermain) to provide connection to serve the adjacent communities of Ham Lake or Lino Lakes.
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.
The Developer is to provide access for inspection and maintenance of storm water management infrastructure. This maintenance access shall be a minimum of 10-ft wide and allow for vehicular access. Restrictions will be placed on lot lines as needed to limit fences and landscaping to insure access.
Conditional Use Permit
Section 27.04 Criteria for granting conditional use permits:
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 for single family development. The proposed single-family use will not put an excessive burden on parks, schools, streets or utilities. The school district staff meets with Planning staff annually to receive updates on potential growth.
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 low density residential and zoned DF. 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 surrounding area.
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 zoning district is to provide for greater flexibility in land use planning and maximize the choice of housing types and styles. The proposal is consistent with this zoning district.
6. The use shall not be in conflict with the comprehensive plan of the City. The comprehensive land use designation is Low Density Residential, which allows for a density of 2.5-6 units an acre. The proposed subdivision is 2.5 units 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
This item is consistent with the strategic plan goal related to maintaining current growth in the northeast area of the City.
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. One resident asked questions about the wetlands, trail connections, and tree removal. A landowner in the City of Ham Lake asked about a connection to their property and the Project Engineer explained the policy on connections and explained why it is not required as part of this development nor is it recommended.
Financial Impact
None
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
Site Plan
Preliminary Plat
Grading Plan
Tree Preservation Plan
Utility Plan
Sanitary Sewer & Watermain Plan
Storm Sewer Plan
Wetland Impacts
Clearing Area
Landscape Plan
Density Plan
House/Floor Plans
Narrative
Public Comment
Unapproved Planning Commission Minutes 5/10/22
Body
WHEREAS, an application has been filed by Blaine 2022, LLC as Conditional Use Permit Case File No. 22-0021 for Preserve at Lexington Waters; and
WHEREAS, said case involves the property described as follows:
The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4, lying South of the North 445 feet of said Southwest 1/4, and the West 220 feet of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4, lying South of the North 445 feet of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 31, Range 23, EXCEPT the West 220 feet of the North 445 feet of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 31, Range 23 and EXCEPT the West 1/2 of the North 445 feet of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 31, Range 23.
That portion of the South 1/2 of the North 1/2 of the Northeast 1/4 of Section 1, Township 31 Range 23, which lies East of the West 220 feet of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 31, Range 23.
The North 1/2 of the North 1/2 of the Northeast 1/4 of Section 1, Township 31, Range 23.
The West 220 feet of the North 445 feet of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 31, Range 23,
The West 1/2 of the North 445 feet of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4, Section 1, Township 31, Range 23.
All in Anoka County, Minnesota.
Abstract Property.
WHEREAS, the Blaine Planning Commission held a public hearing on May 10, 2022, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on June 6, 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 106 single-family lots 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.
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 1/2 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 four hundred (1,400) 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.
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. All new homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations submitted for conditional use permit approval. 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. Utilization of 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 residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
11. 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.
12. 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.
13. 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.
14. All development entrance signage requires separate permit.
PASSED by the City Council of the City of Blaine this 6th day of June, 2022.