Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit Amendment to Allow 2 Single Family Lots and 28 Townhomes in a DF (Development Flex) Zoning District 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 Conditional Use Permit Amendment to allow the development of 28 townhome units and retention of two single family homes.
Schedule of Actions
|
Planning Commission Public Hearing |
2/14/23 |
|
City Council (Conditional Use Permit) |
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 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. There are two existing single-family homes.
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).
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.
The elevations that were presented to the Planning Commission have been updated to add brick, dormers and different roof pitches.
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 Avenue 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.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
Section 27.04 Criteria for granting conditional use permits:
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable.
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. This area is guided by the Comprehensive Land Use Plan to allow up to six units per acre of single-family homes and as amended for the townhome portion of the development up to 12 units per acre. The proposal calculates to about 2.6 units per acre (previously approved for 2.5). The school district staff meets with Planning staff annually to receive updates on potential growth. The proposed use will not place an excessive burden on parks, schools, streets, or utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. The surrounding properties are guided LDR (Low Density Residential). The proposed use is compatible.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The use is single-family and townhomes, which is consistent with the designated LDR and LMDR land use and the land use of surrounding properties.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the DF (Development Flex) zoning district is to provide for greater flexibility in land use planning and maximize the choice of housing types and styles than is possible under the strict application of other sections of this ordinance.
6. The use shall not be in conflict with the comprehensive plan of the City. The proposed land use allows up to 2.5-12 units per unit with a mixture of housing types. The development calculates to about 2.6 units per acre and is not in conflict with the Plan. The single-family homes that will remain will keep the land use designation of LDR.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads and necessary drainage facilities to service the proposed development.
Strategic Plan Relationship
Not applicable
Board/Commission Review
The Planning Commission voted to approve the CUP with a 5-1 vote. One resident spoke in opposition to the project.
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, adopt the Resolution.
Attachment List
Zoning and Location Map
Narrative
Existing Conditions
Preliminary Plat
Landscape Plan
Utility Plan
Grading Plan
Tree Preservation Plan
Elevations
Public Comments
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, an application has been filed by Herbst Raich Investments, LLC as Conditional Use Permit Case File No. 23-0007 for Meadowland Estates West; and
WHEREAS, said case involves the property described as follows:
Lots 1-30 Block 1 and Outlot A Meadowland Estates West
WHEREAS, the Blaine Planning Commission held a public hearing on February 14, 2023, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on March 6, 2023; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 27.03, 29.110, 75-32 and 27.04 of the Zoning Ordinance to allow 2 single family lots and 28 townhomes in a DF (Development Flex) zoning district with the following conditions:
1. Approval is contingent upon the Metropolitan Council review and approval of the requested comprehensive plan amendment.
2. The following trees are required onsite: 1 overstory deciduous, 1 coniferous, and 1 ornamental per unit, for a total of 84.
3. Underground irrigation must be used for all landscaped areas.
4. Sod shall be required on all disturbed areas.
Single Family 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 with the exception of the existing home on Lot 6. Lot 6 will be permitted to have the existing two detached structures of 600 square feet and 1,200 square feet.
2. Private swimming pools/meeting the requirements of Blaine Municipal Code Chapter 18 Article IX.
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 Section 33.10.
Standards
1. Front Yard setback - 30 feet
2. Side yard setback - 10 feet for house and garage
3. Rear yard setback - 30 feet
4. Maximum building height - 2 ½ stories or 35 feet.
5. 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. 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 with an exception for Lot 6. Lot 6 will be permitted to have the existing two detached structures of 600 square feet and 1,200 square feet.
6. The minimum finished floor area above grade for all homes shall be 1,500 square feet.
7. All homes shall have a minimum depth and width of 24 feet.
8. 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. There must be 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 to incorporate multiple gables or varied roof lines and articulation of the front façade.
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. All development entrance signage by separate permit.
14. All homes within 500 feet of 125th Avenue NE, to incorporate the Noise Abatement Standards with central air conditioning to mitigate noise impacts.
Townhomes Development Standards
1. The construction of all townhomes to be generally guided by the approved conditional use permit resolution and consistent with the depictions, drawings and information on the plans attached to the staff report.
2. All site plan and unit plans require approval from the Planning Department prior to any work being performed onsite.
3. No detached accessory structures are allowed except if needed to house underground irrigation controls.
4. All homes within 500 feet of 125th Avenue NE, to incorporate the Noise Abatement Standards with central air conditioning to mitigate noise impacts.
5. Townhomes must be setback at least 20 feet from public right-of-way.
6. Front porches must be setback at least 15 feet from public right-of-way.
7. Patios must be located within the townhome lot.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.