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File #: RES 14-011    Version: 1 Name: 13-65 Lakes 58th CUP
Type: Resolution Status: Passed
File created: 1/2/2014 In control: City Council
On agenda: 2/6/2014 Final action: 2/6/2014
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 30 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT HARPERS STREET/LAKES PARKWAY. HANS HAGEN HOMES, INC. (CASE FILE NO. 13-0065/SLK)
Sponsors: Bryan Schafer
Attachments: 1. Lakes 58th CUP_Attachments, 2. Lakes 58th CUP_Public Comments
Related files: RES 14-009, RES 14-010
ITEM:         11.2C         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 30 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT HARPERS STREET/LAKES PARKWAY. HANS HAGEN HOMES, INC. (CASE FILE NO. 13-0065/SLK)
 
Schedule of Actions
Planning Commission (Public Hearing)
12/10/13
City Council (Tabled)
01/02/14
City Council (Comp Plan/Plat/CUP)
02/06/14
Action Deadline (Extended by City)
03/03/14
 
Planning Commission
The Planning Commission voted 7-0 to recommend approval of the Comprehensive Land Use Amendment, Preliminary Plat and Conditional Use Permit. Comments were received and many spoke at the public hearing with concerns about the loss of commercial opportunities in The Lakes development.
 
Background
This item was tabled at the January 2, 2014 meeting as the City Council had a number of questions related to the request. Subsequently the City Council discussed the land use issues for this and two other adjacent parcels at the January 16th City Council workshop.
The Lakes of Radisson 58th Addition consists of subdividing approximately 8.54 acres into a subdivision with 30 dwelling units. The preliminary plat also includes one outlot that will be deeded to the City which would allow the City to move forward on converting the temporary parking used the last couple years to permanent parking for Lakeside Commons Park and beach.
 
This proposal is consistent with the existing Carriage/Village homes that Hans Hagen Homes has recently constructed in several neighborhoods in The Lakes.
 
Conditional Use
The proposed homes are marketed to empty nesters and young professionals. The proposed single-family products are reminiscent of carriage styled homes from the past. They will be enhanced with impressive exterior architectural details. The homes would include brick, stone, hardi siding, carriage style garage doors, varying gables and hip rooflines. The floor plans would provide 1,900 to 2,400 square feet of finished area. The estimated price range is $235,000-$275,000.
 
The development plan for 30 lots covers approximately 7 acres and therefore would be built at a residential density of 4.3 units per acre, which is in the lower portion of the LDR/MDR range of 3-10 units per acre.
 
All single family detached units are proposed to be constructed with a 16-foot front yard setback with a minimum of 18 feet to the front of the garage door. All homes will have a 17.5-foot rear yard setback. A minimum of 8 feet between houses will be provided in the side yard. The reduced setbacks have been chosen by the developer to enhance the pedestrian nature of this development by placing the front of the homes closer to the street and pedestrian sidewalk system and encouraging the garages to be recessed into the facade of the home. All yards, landscaping and driveways will be association maintained.
 
The applicant has provided a landscape plan that will nicely compliment the development and provide a very attractive appearance throughout the development.  The west and south property lines have a 4-10 foot berm constructed in the rear yards of the proposed homes.  This berm is proposed to be heavily landscaped to provide a buffer between the newly constructed homes and the existing beach.  Also, the berm and landscaping will provide a buffer between the homes and the City beach parking lot that will be constructed on Outlot A in 2014.
 
A number of the new homes will be immediately adjacent to either the beach or the new parking for the beach and Lakeside Commons Park. The berm and landscaping described above will help lesson that impact but the park and beach are high level activity areas during the summer months generating noise from kids either playing at the beach or volleyball players on the sand volleyball court. The developer has agreed to include statements and documents with each buyer as part of both the purchase agreement and closing documents that clearly acknowledges that the new home being purchased is in close proximity to an active City park.
 
Since the initial City Council discussion of January 2nd the developer has increased the height of the berm by proposing retaining wall on the residential side of the berm and a fence on the top of the berm. The impact of this change will be to reduce the visibility of the homes from the lake and to block any view from the new homes into the volleyball area.
Engineering Items
 
A rough grading and sediment control plan must be submitted for City approval prior to work being performed on site.  Erosion control details shall be included on the grading plan.  Lot grading to be consistent with Lakes Water Management Plan.
 
The size of site being graded requires a National Pollutant Discharge Elimination System (NPDES) permit from Minnesota Pollution Control Agency.  A development plan must be submitted for City approval prior to issuance of the first building permit.  The development plan must indicate that all structures will be protected from flooding.
 
Coon Creek Watershed District permit is required prior to the approval of grading.  The Watershed District's requirement for infiltration in the plat is being met by the re-use of irrigation water within The Lakes development.  Irrigation of lawns and landscaping in The Lakes is accomplished by pumping water from the storm ponds in the development.
 
The developer shall process 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 as necessary to receive final FEMA documents and to provide those documents to the homeowners, and to record the final documents on the certificate of title for each parcel in the development.
 
As-built surveys will be required to verify structure elevations and lot grading for each structure constructed.
 
The developer will be responsible for installation of sanitary sewer, water main, storm drainage improvements, streets with concrete curb and gutter, streetlights, mailboxes, 6' wide sidewalks, traffic control signs, street signs, and all appurtenant items.  Plans and specifications must be approved by the City prior to start of construction.  All City streets, exclusive of parkways, require dedication of 60 feet of right-of-way and shall be constructed to 29 feet back to back of width. The street name shall be Harpers Court NE.
 
A portion of the right-of-way for Lakes Parkway will need to be vacated at Harpers Court.  The Developer has submitted a petition for the vacation.
 
Standard utility and drainage easements must be dedicated along all lot lines and over drainage ditches, ponds, delineated wetlands, and storm water detention basins. Developer to provide access to existing power lines in plat. The Developer is to provide access for maintenance of storm water detention basins.  Restrictions will be placed on lots as needed to limit fences and landscaping to insure access.
 
Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
 
Execution and recording of a Development Agreement, which sets forth in greater detail these plat conditions as well as other technical and financial responsibilities for the development of this plat.
 
Soil boring information is required for determination of lowest floor elevations. 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.
 
All development signage by separate review.
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Land Use Map
Preliminary Plat
Grading Plan
Utility Plan
Landscape Plan
Elevations (6)
Public Comments Received
 
Body
      WHEREAS, an application has been filed by Hans Hagen Homes, Inc. as conditional use permit Case File No. 13-0065; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on December 10, 2013; 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 2, 2014 and February 6, 2014.
 
      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 construction of 30 single family homes in a DF (Development Flex) zoning district based on the following conditions:
 
The Lakes 58th Addition -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 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 - 16 feet, 18 feet to garage door.
2.      Side yard setback - 4 feet for house and garage. Minimum distance between homes - 8 feet.
2.      Corner side yard setback - 20 feet.
3.      Rear yard setback - 17.5 feet
4.      Maximum building height - 2 1/2 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. Accessory storage buildings below 120 square feet must meet 5 foot side and rear yard setbacks and be located within the rear yard.
6.      The minimum finished floor area above grade for all homes shall be 1,600 square feet. All homes shall have a minimum depth and width of 24 feet.
7.      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.
8.      All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
9.      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.
10.      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. 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.
11.      The minimum finished floor area above grade for all homes shall be 1,600 square feet. All homes shall have a minimum depth and width of 24 feet.
12.      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.
13.      All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
14.      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.
15.      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.
16.      Each lot shall contain one front yard tree and one boulevard tree with a minimum of 2½-inch caliper. One of the required trees may be an ornamental tree. Corner lots shall each have one additional boulevard tree.
17.      All homes, within the development to incorporate Airport Noise Abatement Standards with Central Air conditioning to mitigate noise impacts.
18.      No side patio or entrance doors are permitted.
19.      Developer to execute and record, with the sale of each single family lot, 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.
20.      The landscape plan to be approved through a site plan approval process.
21.      Each lot shall contain one front yard tree and one boulevard tree with a minimum of 2½-inch caliper. One of the required trees may be an ornamental tree. Corner lots shall each have one additional boulevard tree.
22.      All homes, within the development to incorporate Airport Noise Abatement Standards with Central Air conditioning to mitigate noise impacts.
23.      No side patio or entrance doors are permitted.
24.      Developer to execute and record, with the sale of each single family lot, 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.
25.      The landscape plan to be approved through a site plan approval process.
26.       Developer to execute and record, with each new home purchase and closing for Lots 1-17, documents that provide clear buyer acknowledgment, that the new home being purchased is in close proximity to the City's active Lakeside Commons Park, public beach and parking area.
27.      The approval of the Conditional Use Permit is contingent on Metropolitan Council review and concurrence of the Land Use change to L-MDR.
 
PASSED by the City Council of the City of Blaine this 6th day of February 2014.