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File #: RES 15-022    Version: 1 Name: 14-38 Springbrook - CUP
Type: Resolution Status: Passed
File created: 2/5/2015 In control: City Council
On agenda: 2/5/2015 Final action: 2/5/2015
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 49 SINGLE FAMILY LOTS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 129th AVENUE/DUNKIRK STREET NE. HARPERS WEST, LLC. (CASE FILE NO. 14-0038/SLK)
Sponsors: Bryan Schafer
DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 49 SINGLE FAMILY LOTS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 129th AVENUE/DUNKIRK STREET NE. HARPERS WEST, LLC. (CASE FILE NO. 14-0038/SLK)
 
Schedule of Actions
Planning Commission (Public Hearing)
12/09/14
City Council (1st Reading Rezoning)
01/22/15
City Council (2nd Reading Rezoning, Plat, CUP)
02/05/15
Action Deadline (Extended by City)
02/27/15
 
Planning Commission
The Planning Commission unanimously recommended approval of the rezoning, preliminary plat and conditional use permit. Several residents spoke at the meeting with concerns about increased traffic on Harpers Street, tree removal and property values.
 
Background
The North East Area Plan Amendment, approved in October of 2002, created a land use designation of LDR (Low Density Residential) for the area included within this plat.
 
The preliminary plat proposal consists of subdividing approximately 20 acres into a subdivision with a total of 49 new dwelling units. This application proposes single-family homes.
 
Because the developer is proposing different housing styles with different design issues, platting requirements, lot sizes, markets and price ranges, the existing DF (Development Flex) zoning is proposed to establish the minimum standards for each of these areas.  The flexibility provided by the DF zoning forms the basis of the Harpers Street Development Guide Plan.
 
The proposed plat is located along the alignments of 129th Avenue NE and Dunkirk Street NE.  
 
Neighborhood Description
 
In summary, Springbrook Addition is proposed to contain the following:
 
·      49- Single-Family Lots
 
The single-family product on generally 70-80 foot wide lots will be enhanced with exterior architectural details. The homes will include brick, stone, varying gables and hip rooflines.  The floor plans would provide a minimum square footage of 1,500 square feet of finished area above grade for a split entry or modified two-story and a minimum of 1,400 square feet above grade for a rambler style home.  The estimated price range is $350,000-$410,000+.  Capstone Homes is planning to be the primary builder within this development, but may open the development to other builders.
 
All single-family units are proposed to be constructed with a 25-foot front yard setbacks and 30-rear yard setbacks.  The lots will generally be around 70-80 feet wide and 125 feet deep.  
 
The existing home located on the parcel to the north will need legal road access to right-of way in the proposed plat.
 
Because of the extensive grading effort required over almost all of the 20 acres to meet the market demand for walk-out and look-out style homes there is significant tree removal. Over 1000 trees will be removed with the only tree area preserved along the eastern edge of the plat (next to Harpers Park). Tree replacement, based on 20 acres, would require planting 140 trees (7 trees per acre). This is best achieved by requiring as part of the DF zoning approval the planting of 3 trees per lot (147 trees) as shown on the attached landscape plan.   
 
Engineering Items
Developer installed improvements shall include construction of all streets within the plat including sanitary sewer and water main with services, storm drainage improvements, storm water management and water quality treatment infrastructure, streets with concrete curb and gutter, 6 foot concrete sidewalks along all streets, streetlights, mailboxes, traffic control signs, street signs, and all appurtenant items.  Plans and specifications must be approved by the City prior to start of construction.
 
Trunk sanitary sewer area charges become due with platting for upland acreage.  The 2015 rate will be applied for Sanitary Sewer District 6-5 per upland acre.  
 
The developer has responsibility for financial participation in the Plat's share of the cost of off-site improvements required by Anoka County on 125th Avenue NE at Harpers Street.  This includes, but is not limited to, intersection improvements, traffic signal installations, and roadway widening improvements.   The City has calculated the development potential of all of the developable property, lying north of 125th Avenue and within the current development schedule provided by the 2005 MUSA and has determined the following:  
 
The developer has responsibility for financial participation in 125th Avenue NE improvements associated with this development.  This includes, but is not limited to, intersection improvements, traffic signal installations, and roadway widening improvements.  Anoka County will specify required improvements in their plat review.  The City has calculated the development potential of all of the developable property, lying north of 125th Avenue and within the current development schedule provided by the 2005 MUSA and has determined the per lot cost associated for the improvements.  The 2015 rate will apply to this plat for each of the 49 lots if platted in 2015.
 
All local public streets typically 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.  
 
Street and utility extensions are required, subject to appropriate phasing, to the edges of the plat for future connections to the adjacent parcels.
 
Sidewalks (6-foot) will be constructed on one side of all streets with the exception of the short cul-de-sac of Dunkirk Court.
 
Standard utility and drainage easements must be dedicated along all lot lines and over areas of 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 insure access. Developer to verify normal ground water elevation in ponds.  If the "Normal Ground Water Elevation" does not match the "Normal Water Elevation" that the 10:1 safety bench is designed at, provide a dense vegetative buffer strip between the two elevations.  Developer shall submit a buffer strip seed mix design for review.  All pond slopes shall be 4:1 except below Normal Ground Water Elevation, which can be 3:1.
 
Each lot shall have a minimum rear yard area behind each structure of a minimum of 20 feet from the structure at a maximum grade of 5%.
 
Development requires a National Pollutant Discharge Elimination System (NPDES) Phase II Permit from Minnesota Pollution Control Agency (MPCA).  
 
Construction contract documents shall include a grading, erosion protection, sediment control, development, utilities, roadway, and storm drainage plans.  Plans shall detail tree preservation, erosion protection, sediment control, proposed grading contours, utilities, roadway geometrics, storm drainage, storm water quality management, custom lot-grading, structure type, and structure elevation information.  Additional information is required on adjacent parcels that indicate existing drainage patterns are being addressed.  The development plan shall indicate all structures will be protected from flooding.  Supporting geotechnical investigation report, soil boring logs and hydrology report shall be included in the submittal for City review and approval.
 
Coon Creek Watershed District (CCWD) will need to approve and permit this plat, prior to any site work.  The developer has applied to the watershed for permit and is in their process.
 
As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
 
A protected plant species (rare plants in the blackberry family) was found within the pre-plat area, in two different locations. A third location is in the area of future development to the north. The plant areas will be fenced off with silt fence and construction fence during construction.  At this time, the two locations will remain undisturbed and will remain fenced off until the adjacent homes are completed with sod on the yards.  Once the home construction is complete on the adjacent homes the fencing will be removed. There are no easements/buffers required or proposed for the plant areas.
 
a.      Plants "A":  This location falls on two lots.  Each property owner will have a portion of the plants on their property.  Literature will be provided to these homeowners, describing the protected plants.
b.      Plants "B":  This location falls on two Outlots.  Harpers West, LLC will remain the owner of the Outlots unless they are sold.  A likely buyer of the Outlots would be the adjacent homeowners.  If a sale occurs, the plant literature will be provided to the buyers.
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Site Plan
Preliminary Plat
Grading Plan
Landscape Plan
Wetland Mitigation Plan
Elevations (5)
Floor Plans (3)
 
Body
      WHEREAS, an application has been filed by Harpers West, LLC as Conditional Use Permit Case File No. 14-0038; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on December 9, 2014; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
 
      WHEREAS, the Blaine City Council has reviewed said case on January 22 and February 5, 2015.
 
      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 49 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 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 Swimming Pools.
3.      Keeping of not more than two (2) boarders and/or roomers per dwelling unit.
 
Conditional Uses
1.      Home occupations listed as Conditional Uses fewer than 33.11.
 
Standards
1.      Front yard setback - 25 feet
2.      Side yard setback - 10 feet for house and 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 storage buildings above 120 square feet are not permitted.  Accessory storage buildings below 120 square feet must meet 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:
·      One story with basement:  1,400 square feet
·      Multi-level dwellings: 1,500 square feet.
8.      All homes to be constructed utilizing pre-approved exterior materials, roof pitches and elevations. All house exteriors to utilize maintenance-free materials to the extent possible. All house exteriors to provide enhanced window fenestration. Care to be taken to utilize 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.
9.      All homes shall have a minimum depth and width of 24 feet.
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 three new trees with one boulevard overstory tree and two yard trees. One yard tree must be overstory and be placed in the front yard. The second yard tree can either be in the front yard or the rear yard and may be a conifer or overstory. Minimum size for overstory tree is 2.5 inch caliper and 6-foot height on conifer.
 
PASSED by the City Council of the City of Blaine this 5th day of February 2015.