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File #: RES 20-43    Version: 1 Name: CUP - North Meadows (19-0043)
Type: Resolution Status: Passed
File created: 4/20/2020 In control: City Council
On agenda: 4/20/2020 Final action: 4/20/2020
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF 72 SINGLE FAMILY HOMES, 54 TWINHOMES AND 128 TOWNHOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT, LOCATED AT LEXINGTON AVENUE AND 109TH AVENUE NE. NORTH MEADOWS LLC (CASE FILE NO. 19-0043/LSJ)
Sponsors: Lori Johnson

DEVELOPMENT BUSINESS - Lori Johnson, City Planner

 

Title

GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF 72 SINGLE FAMILY HOMES, 54 TWINHOMES AND 128 TOWNHOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT, LOCATED AT LEXINGTON AVENUE AND 109TH AVENUE NE. NORTH MEADOWS LLC (CASE FILE NO. 19-0043/LSJ)

 

Schedule of Actions

Planning Commission (Public Hearing)

02/12/20

City Council (Conditional Use Permit)

04/20/20

Action Deadline

05/04/20

 

Planning Commission

The Planning Commission voted unanimously to approve the conditional use permit. There were comments at the public hearing regarding traffic, loss of open space, wetland concerns and density concerns.

 

Background

Wellington Management, Inc. has requested approval for the development of land north of 109th Avenue at the Austin Street alignment. The proposal includes 258 lots on 174 acres. The majority of the lots will be residential lots of varying types, with three of the lots planned for commercial/industrial uses in the future. The development will be known as North Meadows. Lennar is the proposed home builder within this plat.

 

At the City Council meeting staff will provide a brief history of the land uses on the northwest corner of 109th Avenue and Lexington Avenue, to compare those land uses to what is being proposed at this time.

 

The site currently has a zoning designation of FR (Farm Residential) and a land use of P/OS (Parks/Open Space) for the residential portion of the development and PI/PC (Planned Industrial/Planned Commercial) for the commercial portion of the development. With the approval of the 2040 Comprehensive Plan by the Metropolitan Council this spring, the single family/twinhome portion of the site will have a LDR (Low Density Residential) land use designation. The townhome portion of the site will have a PI/PC/HDR (Planned Industrial/Planned Commercial/High Density Residential) land use designation, therefore, all land uses that are proposed at this time can be accommodated through the Comprehensive Plan. There is a condition that has been added that states no work can occur on site until the 2040 Comprehensive Plan is approved by the Met Council.

 

Rezoning

The proposed zoning for the development, including the commercial/industrial/high density lots, is DF (Development Flex). This is the preferential district for all new single family development in Blaine as it allows flexibility on design issues that can benefit both the city and the developer to provide a market driven product. The DF zoning for the commercial lots is also beneficial if setbacks can be negotiated in order to get the optimal uses on these sites. The conditional use permit will require that all uses on the commercial lots conform to the PBD (Planned Business District) standards.

 

Preliminary Plat

A total of 258 lots are being proposed in the North Meadows plat. The lots can be broken down as follows:

 

                     72 single family lots (60-foot wide lots, approx.)

                     54 twinhome lots (40-50-foot wide lots, approx.)

                     128 townhome lots

                     3 commercial/industrial/high density residential lots

                     1 common lot (for townhome area)

                     6 outlots (will be used for ponding/storm water purposes and one for a trail access)

 

All residential lots will be developed by Lennar. Lennar has a well-established presence in the city with many different lot sizes and products available. The commercial lots, while not being developed at this time, are being platted and rezoned for future commercial use. Please see the narrative from the applicant regarding this project for more information.

 

Park dedication will be required for the 258 lots being proposed at this time. Park dedication will be required to be paid by the developer at the rate in effect at the time of final plat approval and prior to the mylars for each phase being released for recording at Anoka County. Park dedication will be based on the uses provided in the plat. Based on the proposed plat, the breakdown of the park dedication would be required as follows:

 

                     255 residential lots at the rate of $4,449 per unit for a total of $1,134,495.

                     3 commercial lots (8.4 acres) at the rate of $8,704 per acre for a total of $73,114.

 

Given that the three commercial/industrial lots are not being developed at this time, it is likely that the rate listed above will change. The breakdown above simply provides a picture of what the park dedication fee could look like.

 

Outlot F is being proposed as a trail access location to the Wetland Sanctuary on city owned property immediately north of the single family lots being proposed. The city has envisioned that a trail will be located within the Wetland Sanctuary and this residential development should have adequate access to this trail. The exact trail location is unknown at this time. The city would also like to install a small parking lot within this outlot to provide other avenues for residents of the city as a whole to access the Wetland Sanctuary. The trail access and a 13-stall parking lot should be located in this outlot as well as a drive to a small cul-de-sac that will sit on city owned property. An unscaled version of this proposal is included in the packet for review.

 

The city is requesting that the developer deed Outlot F to the city with no credit for park dedication fees based on the value of this land. The city is also requesting that the developer construct all of the above listed improvements at the time of development, and the city will give the developer park dedication credit for the cost of the improvements only. Details have not been finalized on these costs at this time, but this arrangement will be fully detailed in the development agreement associated with this plat. It should also be noted that this construction will need a permit from the Rice Creek Watershed District, which will be a separate permit from the overall grading and site development permit.

 

The west residential portion of the plat will be accessed via an entrance from 109th Avenue (CSAH 12) at the Naples Street alignment. The developer will need to construct the access improvements on 109th Avenue (CSAH 12) as determined by Anoka County and will need to obtain a permit from them for any proposed work in their right-of-way. The internal streets labeled as X and Y will be constructed to city standards and will have a 6 foot concrete sidewalks on the east and south side of Street X and the east side of Street Y. A water main will be extended south on the Naples Street alignment to provide a looped system to this portion of the development.

 

Austin Street will be constructed from 109th Avenue (CSAH 12) north to 112th Avenue. Austin Street will also have an 8 foot bituminous trail on the west side of the street. The developer has submitted a traffic study based on the proposed development including the outlots as commercial and HDR land uses. The traffic study recommends several mitigation measures such as a traffic signal at the intersection of 109th Avenue at Austin St, extending turn lanes on Lexington Avenue at 109th Avenue. Again, the developer will need to construct the access improvements on 109th Avenue and Lexington Avenue based on and determined by Anoka County and will need to obtain a permit from them for any of the proposed work in their right-of-way.

 

Conditional Use Permit

A conditional use permit is required for the residential construction through the DF zoning district. This conditional use permit will set up the standards for approval for the single family homes, the twin homes and the town homes.

 

Lennar has submitted a narrative of the types of homes they are proposing to construct. In summary, the details of each type of housing are as follows:

 

                     Villa units - 1,300 to 1,900 square feet and a price range between $345,000 and $385,000.

                     Twinhome units - 1,600 to 1,620 square feet and a price range between $315,000 and $330,000.

                     Colonial Manor townhome units (back to back style) - 1,700 to 1,800 square feet and a price range between $265,000 and $295,000.

                     Colonial Patriot townhome units (row style) - 1,800 to1,900 square feet and a price range between $285,000 and $317,000.

 

Villa Units

The villa units being proposed will be located on the west portion of the site as described on the attached plat. These are single story homes on somewhat smaller lots. Exterior materials include vinyl lap siding, board and batton, shakes, and stone elements. A variety of exterior elevatons are available to property owners. Setbacks for these homes are listed in in the resolution of approval. The roads in this area will be public roads.

 

Twinhome Units

The twinhome units being proposed are also on the west portion of the site as described on the attached plat. The twinhomes will utilize the same exterior materials as the villa units. The exterior elevations that have been submitted are conceptual at this time, but they provide a good indication of what the units will look like. Setbacks for these units are listed in the resolution of approval. The roads in this area will be public roads.

 

Townhome Units

The townhomes being proposed are on the west side of Austin Street within the plat. Two types of townhomes are being proposed; row style units and back to back units. They will utilize the same exterior materials as the single family and twinhome units. The elevations are included for your review. A condition has been added that all units facing the exterior of the townhome portion of the plat (as shown on the plat drawing) should have a masonry product added to the elevations. These areas will be viewed by other residential homes or the traveling public and it is important to provide a desirable appearance in these areas. The townhome development will be required to go through site plan approval before any work can begin on this site. The roads in this area will be private roads.

 

Landscape Plan

Each villa and twinhome must have two overstory front yard trees. Each corner lot shall have an additional tree. In addition, an enhanced landscape plan has been provided on the north side of the pond located in Outlot C adjacent to the single family homes in the Sanctuary Preserve development. An enhanced landscaping plan is provided on the east side of the twinhomes adjacent to Outlot B to mitigate the noise from 109th Avenue for those homes.

 

The developer has proposed an 8-foot privacy fence on the south side of Lots 5 and 6, Block 3. Staff has added a condition that this fence be a maintenance free vinyl fence, and also added to the rear of Lots 1, 2, 3, 4, 7, 8,  9 and 10, Block 3.

 

The townhome area must have one overstory, one ornamental tree and one conifer tree per unit on the landscape plan. Additional landscaping is provided on the west side of the townhome area adjacent to Outlot B.

 

The landscape plan that has been provided meets these requirements and it should be noted that this plat is removing a considerable amount of trees. Over 30 acres of treed land is being cleared. The city’s tree preservation ordinance requires that tree replacement must occur at the rate of 8 trees per disturbed acre. In this case, 243 trees will be required for tree replacement. With all individual lot landscaping requirements, townhome plan requirements and buffer areas proposed, the landscape plan exceeds the tree replacement requirement.

 

Since the date of the first reading of the rezoning, staff has added a condition that redirects some of the trees proposed in the rear yards of the twinhome lots adjacent to Outlot A to the rear yards of the villa lots (Lots 1-18, Block 1) on the east side of the development. Ultimately, one rear yard tree should be placed on Lots 1-18, Block 1 of the proposed plat. All other landscape requirements must also be met. (This may mean that the overall tree requirement goes up.)

 

All units within the plat, regardless of the distance from 109th Avenue, will be required to utilize the noise abatement standards from the zoning ordinance.

 

NOTE:  All uses shown on the commercial lots are considered conceptual and are not being proposed at this time. If the developer wishes to pursue the construction of an apartment project on these lots as is conceptually shown, a comprehensive land use amendment will be required. When the uses for these lots are known, each use/lot will be required to obtain a conditional use permit. The public would be notified again of any future proposals.

 

Recommendation

By motion, approve the Resolution.

 

Attachments

See Rezoning (Second Reading) report

 

Body

                     WHEREAS, an application has been filed by North Meadows LLC as Conditional Use Permit Case File No. 19-0043; and

 

WHEREAS, said case involves the land described as follows:

 

OUTLOT E, GLENN MEADOWS, ANOKA COUNTY, MINNESOTA.

 

(Torrens) Outlot E, Glenn Meadows, except that part embraced within the East One-half of the South One-half of Section 14, Township 31, Range 23, Anoka County, Minnesota. Subject to County Ditch Nos. 53 and 62. Subject to an easement for highway and public utilities over the Southerly 50 feet of the premises evidenced by Document No. 291984. Subject to an easement for street, drainage and utility purposes created by the plat of Glenn Meadows.

 

AND

 

OUTLOT G, GLENN MEADOWS, ANOKA COUNTY, MINNESOTA.

 

WHEREAS, a public hearing has been held by the Blaine Planning Commission on February 12, 2020; and

 

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

 

                     WHEREAS, the Blaine City Council has reviewed said case on March 16, 2020.

 

                     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 72 single family homes, 54 twinhomes and 128 townhomes based on the following conditions:

 

Villas (60-foot wide lots) and Twinhomes (40-50 foot wide lots) - 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.                     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 (Villas and Twinhomes).

2.                     Side yard setback - 7.5 feet for house and 7.5 feet for garage (Villas and exterior lot lines for Twinhomes).

3.                     Corner side yard setback - 20 feet. (Villas and exterior lot lines for Twinhomes).

4.                     Rear yard setback - 30 feet (Villas and Twinhomes)

5.                     Maximum building height - 2 1/2 stories or 35 feet.

6.                     It shall be required for all single-family and twinhome 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.

7.                     The minimum finished floor area above grade for all Villa homes shall be 1,300 square feet. The minimum finished floor area above grade for all Twinhomes shall be 1,600 square feet.

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 submitted for conditional use permit approval. Maintenance free materials must be used on all units. 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 two front yard trees with a minimum of 2½-inch caliper. Corner lots shall contain an additional yard tree.

14.                     One rear yard tree should be placed on Lots 1-18, Block 1 of the proposed plat. All other landscape requirements must also be met. (This may mean that the overall tree requirement goes up for the villa and twinhome area.)

15.                     All development entrance signage by separate permit.

16.                     The townhome associations must be responsible for maintenance of all buffer landscaping and fencing. The 8-foot privacy fence on the south side of Lots 5 and 6, Block 3 should be extended to also cover the rear lots of 1, 2, 3, 4, 7, 8, 9 and 10, Block 3. This fence must be a maintenance free vinyl fence.

17.                     All homes in the plat, regardless of proximity to 109th Avenue to meet noise abatement standards as required and outlined in Section 33.22 of the Zoning Ordinance.

 

Townhomes (row and back-to-back) - DF Development Standards

1.                     The construction of all townhomes to be generally guided by the approved conditional use permit resolution and consistent with all the depictions, drawings and information on the plans associated with the staff report for this item. This includes the exterior elevations of the townhomes.

2.                     All units facing the exterior of the townhome portion of the plat (as shown on the plat drawing) should have a masonry product added to the elevations. These areas will be viewed by other residential homes or the traveling public and it is important to provide a desirable appearance in these areas. Staff to approve the exterior plans for these elevations prior to issuance of the first building permit.

3.                     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. A site plan application is required along with a Site Improvement Performance Agreement and associated financial guarantee.

4.                     Developer to install grouped mailboxes with design and location approve by the city and the US Postal Service.

5.                     Minimum floor area above ground for each unit shall be 1,700 sq. feet.

6.                     The landscape plan dated 1/10/2020 must be adhered to for this site and the association must be responsible for all maintenance and irrigation in the townhome area.

7.                     Underground irrigation must be used for all landscaped areas.

8.                     Sod shall be required on all disturbed areas and placed over 4 inches of black dirt that contains no more than 35% sand.

9.                     No detached accessory structures allowed except if needed to house underground irrigation controls.

10.                     Any entrance signage for the development requires a separate permit.

11.                     All units must contain an automated fire suppression system.

12.                     All unit exterior lighting must be approved by the Planning Department prior to installation.

13.                     WAC (Water Access Charge) and SAC (Sewer Access Charge) will be due on each permit but calculated giving a credit for what has been previously paid.

14.                     All driveways and on site utilities are considered private and are the maintenance responsibility of the homeowners association for the units.

15.                     CUP approval is contingent upon the Metropolitan Council review and approval of the 2040 Comprehensive Plan that changes the land use for this site to HDR (High Density Residential).

16.                     All homes in the plat, regardless of proximity to 109th Avenue to meet noise abatement standards as required and outlined in Section 33.22 of the Zoning Ordinance.

 

All uses on the commercial lots shall conform to the PBD (Planned Business District) standards.

 

PASSED by the City Council of the City of Blaine this 20th day of April, 2020.