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File #: RES 21-108    Version: 1 Name: CUP - Meadowland Estates (21-0001)
Type: Resolution Status: Passed
File created: 5/17/2021 In control: City Council
On agenda: 5/17/2021 Final action: 5/17/2021
Title: Granting a Conditional Use Permit to Allow for the Construction of 31 Single Family Homes in a DF (Development Flex) Zoning District at 128th Avenue NE and Harpers Street. Meadowland Estates (Meadowlands Development, LLC) (Case File No. 21-0001/EES)
Sponsors: Lori Johnson
Attachments: 1. Attachments, 2. PC Draft Minutes 041321

Development Business - Lori Johnson, City Planner

 

Title

Title

Granting a Conditional Use Permit to Allow for the Construction of 31 Single Family Homes in a DF (Development Flex) Zoning District at 128th Avenue NE and Harpers Street. Meadowland Estates (Meadowlands Development, LLC) (Case File No. 21-0001/EES)

end

 

Executive Summary

Meadowland Estates is a 34 lot single family subdivision in the Harpers Street area. 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

04/13/21

City Council (Conditional Use Permit)

05/17/21

Action Deadline

07/05/21

 

Background

Staff report prepared by Elizabeth Showalter, Community Development Specialist

 

NR Properties is proposing a 34-lot subdivision south of 128th Avenue at the Flanders Street alignment, connecting to Marquest Meadows North on the east. The plat encompasses five existing lots and three existing homes. These homes will remain as part of this development in addition to the 31 proposed new homes.

 

Rezoning

Four of the existing parcels were zoned DF (Development Flex) as part of a previous development proposal in this neighborhood several years ago. That development ultimately did not occur, but the DF zoning remains, which is consistent with the proposed residential uses. One existing property is still zoned FR (Farm Residential) and is proposed to be rezoned to DF to match the others and allow for the proposed single-family development. With the DF zoning, housing products and neighborhood design issues will require and be regulated by a Conditional Use Permit (CUP).

 

Preliminary Plat

NR Properties is proposing to develop 24.42 acres into 31 new single-family homes, three existing homes, and one outlot. The development will be known as Meadowland Estates. The proposed new lots are generally 70-foot wide with larger corner lots. These lot sizes are consistent with the Harpers Haven development to the east.

 

This plat is proposed to connect to the existing 128th and 127th Avenues. The plat does not provide an east/west connection to Woods at Quail Creek as originally envisioned, instead, a ghost plat was provided showing a future cul-de-sac off 128th Avenue (from the west in Woods at Quail Creek). The location of the wetlands and ditch on the property does not support the extension of the road. A pedestrian connection is proposed with a trail connection between the two neighborhoods. The existing driveway can be used in its current condition for the trail with the modifications to the connections to 128th Avenue on each side as shown on the plans. A permanent trail easement is shown on the plat. The existing home at 12790 Dunkirk will be required to relocate the existing driveway to 128th Avenue coming out of Woods at Quail Creek, which will result in a change in address for the property. Sidewalks are required for one side of all of the internal streets in the development.

 

Park dedication will be required for the 31 new lots at the rate of $4,449 per unit, for a total park dedication fee of $137,919, if paid in 2021. This amount must be paid prior to releasing the plat mylars for recording at Anoka County.

 

Trunk Sanitary Sewer area charges become due with platting for upland acreage. The 2021 rate of $6,338/acre for Sanitary Sewer District 6-5 will apply to all upland acreage if platted in 2021.

 

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. All streets will follow the Anoka County street name grid system. 127th Avenue NE will extend west to Dunkirk Street NE. Dunkirk Street NE will extend north to 128th Avenue NE. Edison Street NE will extend north from 127th Avenue NE to 128th Avenue NE.

 

A ghost plat has been provided showing the further subdivision of the lots that will have remaining homes. A cul-de-sac is shown coming off 128th Avenue from Woods at Quail Creek, which may provide access to the properties to the south for further development. The two other properties are shown being further divided into two or three lots.

 

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. 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 ensure access.

 

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.

 

Coon Creek Watershed District review and permit are required prior to any city plan approval.

 

Construction contract documents shall include a mass (rough) grading, erosion protection, sediment control, development, utilities, roadway and storm drainage plan sheets. Plans shall detail wetland information, tree preservation, erosion protection, sediment control, proposed grading contours, utilities, roadway geometrics, storm drainage, storm water quality management, custom lot grading, house type, and house elevation information. Additional information is required on adjacent parcels to confirm that existing drainage patterns are being addressed. The development plan shall indicate all structures will be protected from flooding. Supporting wetland delineation report, geotechnical investigation report, soil boring logs and hydrology report shall be included in the submittal for city review and approval. Utilities must be extended to the end of the stub streets to serve adjacent parcels.

 

Hydrant locations will need to be reviewed with the city’s Public Works and Fire Departments prior to final plan approval. Additional hydrants may be needed to facilitate maintenance.

 

As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.

 

Appropriate signage to be installed at all property corners around the storm water management features and wetland boarders at the edge of single-family lots.

 

Conditional Use Permit

The conditional use permit is necessary to set up the standards of development in the DF (Development Flex) zoning district. This is consistent with every DF zoning district within the City.

 

All setbacks are listed within the proposed resolution for approval. Also included in the resolution are house size standards, exterior material standards and landscaping requirements. The standards are consistent with the adjacent neighborhood standards.

 

NR Properties is proposing four different models of single-family homes with a minimum 1,400 square feet of living space starting in the mid $400,000 range. The applicant may also build larger custom homes.

 

The applicant has provided two examples of homes that could be built in the neighborhood. The homes built will need to be consistent with these sample elevations.

 

Each lot in the development will have three trees per lot (two front and one rear yard tree). Corner lots will need four trees (three front and one rear yard tree). Since most of the acreage in the plat will be disturbed during construction, the City’s tree preservation requirement includes replacing 8 trees per acre for all disturbed portions of the development. This would mean that 96 trees would be required for tree replacement purposes. The individual lot landscaping, at three trees per lot with five corner lots having a fourth tree, will provide 98 trees, meeting the requirement.

 

The following changes will need to be made to the existing homes proposed to remain:

 

12690 Flanders Street NE

                     The existing 916 square foot attached garage and 2,184 square foot detached garage may remain but may not be expanded. Any further subdivision of this parcel will require the removal of the detached garage.

                     The property has extensive outside storage that is not allowed under the zoning and property maintenance codes. The outside storage must be brought into compliance prior to release of the mylars for recording.

                     The property owner agrees to the recorded plat establishing drainage and utility easements that include access for the perpetual pond maintenance.

 

2950 128th Avenue NE

                     Existing well and septic to be removed and the property will need to hook up to city water and sewer.

                     The existing driveway location will need to be moved east to be completely on the existing parcel and not crossing the rear of the subdivision lot.

 

12790 Dunkirk Street NE

                     The driveway will need to be relocated to access 128th Avenue on the west side of the parcel.

                     Portions of the existing driveway will need to be placed into the easement to be included as part of the public trail system.

                     This property will be required to change the house address to 128th Avenue NE.

 

2776 125th Avenue NE

                     The property owner agrees to the record plat establishing drainage and utility easements that include access for the perpetual pond maintenance.

 

Strategic Plan Relationship

Not applicable.

 

Board/Commission Review

The Planning Commission voted unanimously to approve the conditional use permit. One resident spoke in favor of the proposed trail. The owner of 2950 128th Avenue NE spoke and requested that a condition be removed from the CUP requiring the combination of his two adjacent lots. After further review, staff has removed that condition. The property owner has been made aware that any future development of the parcel to the east of his home will require a conditional use permit due to its existing DF zoning.

 

Financial Impact

Not applicable

 

Public Outreach/Input

Notice 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

Applicant’s Narrative

Existing Conditions

Preliminary Plat

Site and Utility Plan

Grading and Erosion Control Plan

Landscape Plan (2)

Tree Preservation

Example House Plans (8)

Draft Planning Commission Minutes 4/13/21

 

Body

                     WHEREAS, an application has been filed by Meadowlands Development, LLC as Conditional Use Permit Case File No. 21-0001; and

 

                     WHEREAS, said case involves the land described as follows:

 

The South 660 feet of the Northeast Quarter of the Southwest Quarter of, Section 3, Township 31, Range 23, Anoka County, Minnesota, EXCEPT the East 660 feet thereof.

 

AND

 

The West 330 feet of the East 660 feet of the South 660 feet of the Northeast Quarter of the Southwest Quarter of Section 3, Township 31, Range 23, Anoka County, Minnesota. Reserving and subject to an easement for roadway purposes over the North 33 feet.

 

AND

 

The South 660 feet of the East 330 feet of the Northeast Quarter of the Southwest Quarter of Section 3, Township 31, Range 23, Anoka County, Minnesota. EXCEPT the South 330 feet of the East 330 feet of the Northeast Quarter of the Southwest Quarter of Section 3, Township 31, Range 23, Anoka County, Minnesota. Subject to an Easement for Roadway purposes over the North 33 feet thereof.

 

AND

 

The South 330 feet of the East 330 feet of the Northeast Quarter of the Southwest Quarter of Section 3, Township 31, Range 23, Anoka County, Minnesota.

 

AND

 

Lot 4, Block 1, MARY AND JEFFS FIRST ADDITION, according to the recorded plat thereof, and situate in Anoka County, Minnesota.

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on April 13, 2021; and

 

                     WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on May 17, 2021.

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Sections 27.03, 27.04, and 29.110 of the Zoning Ordinance to allow for the construction of 31 new single-family homes in a DF (Development Flex) zoning district based on the following conditions:

 

Single Family - DF Development Standards

 

Permitted Uses

1. Single-family detached dwellings.

2. Group family daycare.

 

Accessory Uses

1.                     Private attached 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 Section 6-121.

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 33.10(d) of the Blaine Zoning Ordinance.

 

Standards

1.                     Front yard setback - 25 feet

2.                     Side yard setback - 7.5 feet for house and 7.5 feet for 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 (1,000) square feet. Detached garages or accessory buildings above 120 square feet are not permitted. One detached accessory 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 1,400 square feet for a single level.

8.                     All homes shall have a minimum depth and width of 24 feet.

9.                     All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations attached to the staff report. 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 meet the city standard detail. 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 two front yard trees and one rear yard tree with a minimum of 2½-inch caliper. One of the required trees may be a conifer with a six-foot minimum height. Corner lots shall contain an additional yard tree.

14.                     Developer to execute and record, where deemed appropriate by the city Engineer, with the sale of single family lots, an affidavit indicating to homebuyers that the soils located in the rear and side yards of the single family lots have not been corrected to accommodate general building construction or pools and that additional effort may be required, by the homeowner, to stabilize those soils before additional construction could occur.

15.                     All development entrance signage by separate permit.

16.                     The following changes shall be made to the existing homes proposed to remain:

 

12690 Flanders St NE

                     The existing 916 square foot attached garage and 2,184 square foot detached garage may remain but may not be expanded. Any further subdivision of this parcel will require the removal of the detached garage.

                     The property has extensive outside storage that is not allowed under the zoning and property maintenance codes. The outside storage must be brought into compliance prior to release of the mylars for recording

                     The property owner agrees to the record plat establishing drainage and utility easements that include access for the perpetual pond maintenance.

 

2950 128th Ave NE

                     The property owner owns two existing parcels, one with a home and one with a detached garage. The two properties must be combined at Anoka County prior to the release of mylars for recording.

                     Existing well and septic to be removed and the property will need to hook up to city water and sewer

                     The existing driveway location will need to be moved east to be completely on the newly combined parcel and not crossing the rear of the subdivision lot.

 

12790 Dunkirk St NE

                     The driveway will need to be relocated to access 128th Avenue on the west side of the parcel.

                     Portions of the existing driveway will need to be placed into easement to be included as part of the public trail system.

                     This property will be required to change the house address to 128th Avenue NE.

 

2776 125th Ave NE

                     The property owner agrees to the record plat establishing drainage and utility easements that include access for the perpetual pond maintenance.

 

PASSED by the City Council of the City of Blaine this 17th day of May, 2021.