DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF EIGHT (8) TWINHOME UNITS AND A PRIVATE STREET IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 3RD STREET NE AND 101ST AVENUE NE FOR CARDINAL COURT. TIMBER VALLEY DEVELOPMENT, INC. (CASE FILE NO. 17-0039/LSJ)
Schedule of Actions
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Planning Commission (Public Hearing) |
10/10/17 |
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City Council (Comp Plan Amendment/2nd |
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Reading Rezone/Preliminary Plat/CUP |
11/16/17 |
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Action Deadline |
11/23/17 |
Planning Commission
The Planning Commission voted unanimously to approve the rezoning. There were comments from adjacent neighbors at the public hearing regarding tree removal.
Background
King of Glory Lutheran Church is located on the northeast corner of University Avenue and 101st Avenue. The church is located on a parcel that is intersected by 3rd Street which runs north and south. The portion of the church parcel that is on the east side of 3rd Street is being sold and the buyer of the property is the developer that constructed the townhomes to the north of this site on 3rd Street, Timber Valley Development, LLC. This developer is proposing to construct 8 twinhome units on the portion of the parcel east of 3rd Street . In order to construct the twinhomes, the actions listed above are required and are described in more detail below.
Comprehensive Plan Amendment and Rezoning
The portion of the site that is being sold currently has a zoning of B-2 (Community Commercial) and a land use of CC (Community Commercial), neither of which support residential development. In order to have a residential use on this site the land use designation on the property must be changed to MDR (Medium Density Residential) to match the density (between 6 and 10 units per acre) of the proposed development. In addition, a rezoning will be required to match the residential development. The City has long used the DF (Development Flex) zoning designation for multi-family residential projects and that is what is proposed for this parcel. The parcel on which the Church is located will keep its current land use and zoning designations of CC and B-2.
The Comprehensive Plan amendment will need to be reviewed by the Metropolitan Council. Any action by the City Council would be contingent upon METC’s review and approval.
Preliminary Plat
The 3.47 acre parcel will be subdivided into a total of 10 lots. The church will remain on the portion of the parcel that is west of 3rd Street (Lot 1, Block 2). The twinhomes will be constructed on the portion of the parcel that is east of 3rd Street, and each twinhome will be located on its own lot (Lots 1-8, Block 1). There is also one lot being platted east of 3rd Street that will act as the common lot for the twinhome development and it will contain the private street and landscaped areas (Lot 9, Block 1).
Park dedication will be required for each unit being constructed. The 2017 park dedication rate is $4,114 per unit, so if the fee is paid in 2017, the total amount due is $32,912. This rate may change for 2018.
Conditional Use Permit
The developer is proposing to construct twinhome units that are each 1,529 square feet. A floor plan and building elevations are included for your review. The exteriors of the units include stone accents, vinyl siding and architectural roof shingles. The interior features of the units are also included for your review. The applicant has indicated that preliminarily the units could be approximately valued at $300,000 per unit.
The City has used the standard of one overstory tree, one conifer tree, and one ornamental tree per unit for multi-family developments. The landscape plan should be revised to include 8 ornamental trees. All other trees shown on the attached landscape plan shall remain on the plan to provide appropriate buffers for adjacent properties.
The City’s Community Standards Department has requested that the developer provide an adequately sized turn-around on the east end of the private street for fire truck maneuvering. The other option that the Community Standards Department gave the applicant is to provide fire suppression for each unit to avoid installing the turn around. The applicant has opted to provide fire suppression in each unit.
Site Plan approval will be required for this development before any work is performed on site. This will include the submittal of a Site Improvement Performance Agreement and the associated financial guarantee.
The approval of this conditional use permit is contingent upon Metropolitan Council approval of the land use amendment being requested for this development.
Recommendation
By motion, approve the Resolution.
Attachments
See report for Comprehensive Plan Amendment.
Body
WHEREAS, an application has been filed by Timber Valley Development, Inc. as Conditional Use Permit Case File No. 17-0039; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on October 10, 2017; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on November 16, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 29.80 of the Zoning Ordinance to allow for the construction of eight (8) twinhome units and a private street in a DF (Development Flex) zoning district at 3rd Street NE and 101st Avenue NE based on the following conditions:
1. The construction of all twinhomes to be generally guided by the approved conditional use permit resolution and consistent with all the depictions, drawings and information on the plans submitted with the conditional use permit application.
2. All site plan and unit plans require approval from the Planning Department prior to any work being performed on site. All site work to meet all requirements of Section 33.00 (Performance Standards) of the Zoning Ordinance.
3. Developer to install grouped mailboxes with design and location approve by the City and the US Postal Service.
4. Minimum floor area above ground for each unit shall be 1,529 sq. feet.
5. The landscape plan should be modified to meet the standard of one overstory tree, one conifer tree, and one ornamental tree per unit for multi-family developments. The landscape plan should therefore be revised to include 8 ornamental trees. All other trees shown on the attached landscape plan shall remain on the plan to provide appropriate buffers for adjacent properties.
6. Underground irrigation must be used for all landscaped areas.
7. Sod shall be required on all disturbed areas and placed over 4 inches of black dirt that contains no more than 35% sand.
8. No detached accessory structures allowed except if needed to house underground irrigation controls.
9. Any entrance signage for the development requires a separate permit.
10. All units must contain an automated fire suppression system or an approved turn-around at the east end of the private street is required per Fire Department standards.
11. All driveways and on site utilities are considered private and are the maintenance responsibility of the homeowners association for the eight (8) homes.
12. The approval of this conditional use permit is contingent upon Metropolitan Council approval of the land use amendment being requested for this development.
13. Seller to provide documentation as part of closing documents to all buyers that outlines the perpetual maintenance responsibilities of homeowners association for all private utilities (sanitary sewer, water and storm water) and private street within the development.
PASSED by the City Council of the City of Blaine this 16th day of November, 2017.