Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Comprehensive Plan Amendment to Change the Current Land Use from Low Density Residential to Low/Medium Residential at 2741 and 2775 125th Avenue NE. Meadowland Estates West (Herbst Raich Investments, LLC) (Case File No. 23-0007/SAS)
end
Executive Summary
The applicant is requesting a comp plan amendment to change a portion of the site from LDR (Low Density Residential) to LDR/MDR (Low/medium density residential) for the development of 28 townhomes with LDR (Low Density Residential) designation remaining for the 2 existing single-family homes.
Schedule of Actions
|
Planning Commission (Public Hearing) |
02/14/23 |
|
City Council (Comp Plan Amendment) |
03/06/23 |
|
Action Deadline |
03/18/23 |
Background
Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer
Zoning
The subject site is zoned DF (Development Flex).
Surrounding Zoning and Uses
The surrounding properties are zoned DF. Harpers Landing development is to the east of the subject site and is developed with small lot single-family and townhomes. Meadowland Estates is north of the subject site and developing with single-family homes. The property to the west is Woods at Qual Creek and is developed with single family homes. The south side of the development is adjacent to 125th Avenue NE.
Existing Conditions
The site is currently two lots that are developed with single family homes. The site currently has wetlands, approximately 3 acres of trees, a county ditch (north to south), Anoka County storm pond for 125th Avenue, and open grass areas.
History
In April 2022 the subject site received the following approvals
• Rezoning to DF.
• Conditional Use Permit (CUP) that set development standards for 16 single-family homes and two existing homes.
• Preliminary plat of 18 lots and one outlot.
The revised proposal was reviewed at the November 21, 2022 Council Workshop. Council consensus was to support the proposed changes.
The applicant’s request includes a revised preliminary plat for the two existing homes and 28 townhome units, a CUP amendment (as the CUP for the site is specifically for single-family development), and a comp plan amendment as the current land use designation is low-density residential (does not permit townhomes).
The applicant has amended his request to only change the land use designation for the southern portion of the development (see land use map) and to retain the LDR designation for the northern portion that will retain the single-family homes. This change is reflective of neighborhood feedback.
Comprehensive Plan Amendment
Section 27.03 Criteria for granting zoning/comprehensive plan amendments:
The City Council may adopt amendments to the zoning ordinance, zoning map, and comprehensive plan relative to land uses within a particular district or to the location of the district lines. Zoning amendments shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the comprehensive plan or changes in conditions in the City.
When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city.
Current Comp Plan Designation
The current land use designation is Low Density Residential (LDR). This designation is for single family development at a density of 2.5-6 units an acre. The applicant is requesting an amendment to change to Low/Medium Density Residential (LMDR) to allow for townhomes and single-family residential. The LMDR allows 2.5-12 units an acre for density. As proposed, the density is 2.51 units an acre. The single-family homes that will remain on the northern portion of the development will retain the LDR designation.
The Proposed Designation Intent
The LMDR is intended for residential purposes that combine both the density and housing styles allowed by the Low Density Residential and Medium Density Residential districts. Uses include single-family, manufactured homes, attached single-family, quads, triplexes and townhomes. The proposed development is consistent with the LMDR designation as there are two single family homes that will remain, and 28 new townhome units proposed.
Evaluation of Request
Plat
The applicant is proposing to develop approximately 19.24 acres into 28 townhome lots, 2 single-family lot (existing homes to remain) one outlot and common space. Lots 1 and 2 are retained for the existing single-family homes. The DF zone does not have minimum lot sizes.
As proposed the lot sizes are as follows:
• Lot 1: 3.18 acres
• Lot 2: 5.09 acres
• Lot 3: 29,107 square feet
• Lot 4: 1.32 acres
• Lots 5-32: 1,891 square feet
• Outlot A: 5.95 acres
Architecture
The proposed townhomes will have varying roof styles and front porches. The front elevations exterior materials will include brick, LP lap siding, panels and trim. The side and rear elevations will include some vinyl lap siding and trim.
All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations presented with the CUP submittal. Included with the 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, 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, which is proposed.
Setbacks
The DF zoning district does not have set standards for setbacks; these are determined as part of the CUP. The building and garages for the townhomes’ setback is 20 feet measured from the right-of-way; the front porches shall be setback at least 15 feet from the right-of-way. Patios must be within the footprint of the lot.
The single-family setbacks are as follows:
• Front yard setback - 30 feet
• Side yard setback - 10 feet for house and garage
• Rear yard setback - 30 feet
Parking
In addition to the two garage stalls per unit, there shall be one parking space for each three units for guest parking. Guest parking may include on street parking spaces on private roads. The parking provided meets this requirement.
Landscaping
The proposed landscape plan meets requirements with 84 trees being planted. Trees will be planted along the new street off 125th Avenue and along the boundaries of the townhomes. The trees along the eastern portion of the townhomes will act as a further buffer to the properties in Meadowland Estates. There is also a wetland and a new pond that will act as a natural buffer.
Tree Preservation
Approximately 1.4 acres of trees will be disturbed during construction and the City’s tree preservation requirement includes replacing eight trees per acre for all disturbed portions of the development. This would mean that 11 trees would be required for tree replacement purposes. The developer has proposed a total of 84 trees within this development. The tree preservation replacement requirement has been met.
Park Dedication
Park dedication will be required for the 28 new lots/units being constructed at the rate of $4,894 per unit (2023 rate), for a total park dedication fee of $137,032. This amount must be paid prior to releasing the plat mylars for recording at Anoka County.
Grading/Storm Drainage
The developer is proposing to grade the entire site as shown on the CCWD and City approved 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.
Utilities
The developer will be responsible for trunk sanitary sewer area charges when with platting for upland acreage. The 2023 rate for Sanitary Sewer District 6 is $6,853 per upland acre and will be applied to the acreage platted. This phase is proposing to develop approximately 5 acres of upland for a total sewer area charge of $34,265.
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.
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-feet in width (but 25-feet is preferred) shall surround all wetlands. This buffer strip shall be placed in easement.
The developer will need to submit the project to Coon Creek Watershed District (CCWD) 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 to receive final FEMA documents and to provide those documents to the homeowners and 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 a connection to 125th Ave NE. As this is a county road, the developer will need to construct any improvements as outlined in the development review of Anoka County’s plat review comments.
All local roads shall be constructed to 29-feet back-to-back of width.
As part of the street design, the development will be required to provide streetlights that 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.
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-feet wide and allow for vehicular access. Restrictions will be placed on lot lines as needed to limit fences and landscaping to insure access.
Strategic Plan Relationship
Not applicable
Board/Commission Review
The Planning Commission recommends approval of the comprehensive land use plan amendment with a 5-1 vote. One person spoke in opposition of the project, he had concerns about rental, the exterior elevations, lighting, access, ponding and lack of connectivity, staff was able to address his concerns at the meeting.
Financial Impact
Not applicable
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 website.
4. Posted (sign) on the property with contact information for the Planning Department.
Public Comments
At the time of writing the staff report comments have been received from 15 residents. Concerns expressed include concerns on property values, density, traffic, and the merit that they bought their house next to property guided for low-density residential not medium density residential. The resident who spoke at the meeting had various correspondence with the developer prior to the meeting that staff was included on. Staff prepared and sent a response to the correspondence with the resident prior to the Planning Commission meeting and addressed the comments further at the meeting. The email response is included in the attachments. Meeting minutes reflect what was discussed at the Planning Commission meeting.
Staff Recommendation
By motion, approve the Resolution.
Attachment List
Zoning and Location Map
Narrative
Land Use Map
Existing Conditions
Preliminary Plat
Landscape Plan
Tree Preservation Plan
Elevations
Public Comments
E-mail Response
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan; and
WHEREAS, the Planning Commission held a public hearing on February 14, 2023, and recommended approval regarding the Comprehensive Plan amendment request for:
Lots 1-30 Block 2 and Outlot A Meadowland Estates West
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan for land use compatibility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that the Comprehensive Plan be amended to change portions of the property, as described above, and based on land use maps contained within Case File No. 23-0007 from Low Density Residential to Low/Medium Residential according to the following rationale:
1. The proposed land use meets the goals of the land use chapter to recognize varied housing densities as a means of accommodating community growth through the encouragement of appropriately designed and located townhomes and apartments, a variety of single-family detached homes with clustering varying lot sizes and shared open space.
2. The proposed amendment meets the goals of the housing chapter to provide housing opportunities that meet the needs of all generations and income levels and supporting the development of housing that mees the needs of the population today as housing preferences change.
3. The proposed amendment is consistent with the existing development pattern to the east by placing townhomes adjacent to 125th Avenue and transitioning to lower densities further from the main roadway.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.