DEVELOPMENT BUSINESS - Lori Johnson, City Planner
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF 45 VILLA HOMES AND 39 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT, LOCATED AT 113TH AVENUE NE AND POLK STREET NE. CAPITAL TRUST DEVELOPMENT LLC (ALEXANDER WOODS) (CASE FILE NO. 20-0006/EES)
 
Schedule of Actions
| 
 Planning Commission (Public Hearing)  | 
 06/09/20  | 
| 
 City Council (Conditional Use Permit)  | 
 07/20/20  | 
| 
 Action Deadline  | 
 07/24/20  | 
 
Staff Report Prepared by Elizabeth Showalter
Planning Commission
The Planning Commission voted unanimously to approve the conditional use permit. One comment was received for the public hearing which included opposition to tree removal, a request for prohibition of vinyl fences, and a request that the planning commissioners and city council members visit the site to see the trees.
 
Background
Capital Trust Development is proposing to develop 30 acres on the south side of 113th Avenue at the Polk Street alignment for the purpose of constructing 45 villas and 39 single family homes on five properties. Three of the existing homes are proposed to remain. The applicant is requesting a rezoning, preliminary plat and conditional use permit. 
 
Rezoning 
Currently, the property has an existing zoning designation of FR (Farm Residential) and is guided in the Comprehensive Plan as LDR (Low Density Residential). The property is within the MUSA (Metropolitan Urban Service Area) which indicates it is intended to be served with city sewer and water. The project zoning is proposed to be DF (Development Flex) to cover the residential uses. With the DF zoning, housing products and neighborhood design issues will require and be regulated by a Conditional Use Permit (CUP). 
 
Preliminary Plat
Capital Trust Development is proposing to develop 30 acres into 45 villas and 39 single family homes and the development will be known as Alexander Woods. The villa lots have a minimum width of 53 feet and the single family lots have a minimum width of 55 feet. Three existing homes on 113th Avenue are proposed to remain. Two outlots are proposed for stormwater management. 
 
Wicklow Woods, a recent development by Lennar, stubbed several streets in the direction of this development. Two properties, under common ownership, are located between Wicklow Woods and Alexander Woods, and a ghost plat has been provided showing how those properties could develop and connect to the streets on either side. The property to the west is currently proposed for development by Lennar who has submitted an application (still incomplete due to CCWD review) for a single family development on that property. Tyler Street, on the north side of 113th Avenue, is located at the property line between Alexander Woods and the future Lennar subdivision. A phasing plan and agreement between the two developers is needed to address the shared street. Two streets are proposed to connect to the developments to the south and create connections to 109th Avenue through the Creekside Village and Coopers Meadow. 
 
Sidewalk is proposed on one side of all new streets, including 111th Lane which will eventually connect to sidewalk in nearby developments. Addition of that sidewalk is a condition of approval. Sidewalk is proposed on the south side of 113th Avenue as well.
 
Park dedication will be required for the 84 new lots being constructed at the rate of $4,449 per unit, for a total park dedication fee of $373,716 if paid in 2020. This amount must be paid prior to releasing the plat mylars for recording at Anoka County. 
 
Existing septic systems on lots 19 and 20 are exceptionally close to the proposed lot lines. Connection to utilities is required for those two lots. Lot 21 may hook up to utilities or remain on well and septic. Developer will be required to pay the sanitary sewer connection charges for each of the existing lots that are part of the proposed development. This charge must be paid prior to releasing the plat mylars for recording at Anoka County. 
 
All local public streets 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. Fillmore Street will be extended and connect to 113th Ave NE. Polk Street will be extended north and connect into 112th Lane NE. Tyler St NE will align with the existing alignment on the north side of 113th Ave NE. 111th Lane NE will extend to the east property line for future connection.
 
Standard utility and drainage easements must be dedicated along all lot lines and over areas of delineated 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 ensure access.
 
Development requires a National Pollutant Discharge Elimination System (NPDES) Phase II General Storm Water Permit for Construction Activity from Minnesota Pollution Control Agency (MPCA). A prerequisite to the MPCA permit application includes preparation of a site Storm Water Pollution Prevention Plan (SWPPP) for the development site.
 
Coon Creek Watershed District review and permit are required prior to any city plan approval.
 
Construction contract documents shall include a mass (rough) grading, erosion protection, sediment control, development, utilities, roadway, and storm drainage plan sheets. Plans shall detail wetland information, tree preservation, erosion protection, sediment control, proposed grading contours, utilities, roadway geometrics, storm drainage, storm water quality management, custom lot-grading, house type, and house elevation information. Additional information is required on adjacent parcels to confirm that existing drainage patterns are being addressed. The development plan shall indicate all structures will be protected from flooding. Supporting wetland delineation report, geotechnical investigation report, soil boring logs and hydrology report shall be included in the submittal for city review and approval. Utilities must be extended to the end of the stub streets to serve adjacent parcels.
 
Hydrant locations will need to be reviewed with the city’s Public Works and Fire Departments prior to final plan approval. Additional hydrants may be needed to facilitate maintenance.
 
As-built surveys shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.
 
To reduce encroachment from homeowners into stormwater ponding areas, signage at the property corners adjacent to the infiltration basins and stormwater pond are required.
 
Conditional Use Permit 
The conditional use permit is necessary to set up the standards of development in the DF (Development Flex) zoning district. This is consistent with every DF zoning district within the city. 
 
All setbacks are listed within the proposed resolution for approval. Also included in the resolution are house size standards, exterior material standards and landscaping requirements. 
 
M/I Homes is proposed as the builder for the development. The villas are proposed to range from 1,734 square feet to 2,855 square feet and from $379,990 to $452,990 and single family homes are proposed to range from 1,941 square feet to 2,277 square feet and from $359,990 to $416,990. 
 
The villa homes are proposed to have association maintained lawn and snow removal. The association will also maintain the water reuse irrigation system.
 
In this area of the city, vinyl siding has been permitted on front elevations in the DF zone and masonry has been required in some developments. For Alexander Woods the proposed conditions require the use of a masonry product on the front elevation of the villa homes, but not on the single family homes. 
 
The grading plan shows that 26 acres will be disturbed by construction. Applying the maximum tree replacement requirement (8 trees per disturbed acre) 208 trees are required to be planted. On a per lot basis this is 2.47 trees per lot. Therefore, to meet the tree replacement requirement, three trees are required on each lot. Two of the trees must be overstory, while the third may be overstory or ornamental. Two trees must be planted in the front yard. The third tree may be in any yard. 
 
The existing homes must be brought into compliance with the general R-1 standards, as opposed to the FR standards. This has been required of homes proposed to remain in other developments throughout the city. In this case, the gravel driveways must be replaced with concrete or asphalt and accessory buildings beyond the two allowed must be removed. 
 
Recommendation
By motion, approve the resolution.
 
Attachments
See rezoning report
 
Body
                     WHEREAS, an application has been filed by Capital Trust Development LLC as Conditional Use Permit Case File No. 20-0006; and
 
                     WHEREAS, said case involves the land described as follows: 
 
The west one-half of Lot Nineteen (19), and the east one-half (E 1/2) of Lot Twenty (20), Central Avenue Acres, according to the plat thereof on file in the office of the Registrar of Titles, Anoka County, Minnesota. 
 
AND
 
The west one-half (W 1/2) of Lot Twenty (20), of Central Avenue Acres, Anoka County, Minnesota, according to the plat thereof on file in the office of the Registrar of Titles, Anoka County, Minnesota. 
 
AND
 
The east half of Lot 21, Central Avenue Acres, according to the plat thereof on file in the office of the Registrar of Titles, Anoka County, Minnesota. 
 
AND 
 
The west half of Lot 21, Central Avenue Acres, according to the plat thereof on file in the office of the Registrar of Titles, Anoka County, Minnesota. 
 
AND
 
The east half of Lot 22, Central Avenue Acres, according to the plat thereof on file in the office of the Registrar of Titles, Anoka County, Minnesota.
 
                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on June 9, 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 July 20, 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 45 single level villa homes with shared lawn maintenance and snow removal, and 39 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 attached 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 Section 6-121.
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
a.                     Single Family - 7.5 feet for house and 7.5 feet for garage.
b.                     Villas - 6.5 feet for house and 6.5 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. One detached accessory 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 homes shall be 1,300 square feet for a single level.
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 attached to this CUP. An element of brick or stone must be included on all front building elevations of the villas. 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 and comply with the current city standard detail. 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 and one tree in any yard. One of the required trees may be a 2 caliper inch ornamental tree while the two other trees must be 2.5 caliper inch overstory trees. Trees should not be planted in the boulevard.
14.                     Developer to execute and record, where deemed appropriate by the city engineer, with the sale of single family lots, an affidavit indicating to homebuyers that the soils located in the rear and side yards of the single family lots have not been corrected to accommodate general building construction or pools and that additional effort may be required, by the homeowner, to stabilize those soils before additional construction could occur.
15.                     All development entrance signage by separate permit.
16.                     The three existing homes proposed to remain shall be brought into compliance with R-1 standards including replacement of gravel driveways with concrete or asphalt and removal of accessory buildings in excess of the two allowed on R-1 parcels. 
 
PASSED by the City Council of the City of Blaine this 20th day of July, 2020.