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File #: RES 14-130    Version: 1 Name: 14-29 Lakes of Radisson 59th CUP
Type: Resolution Status: Passed
File created: 7/10/2014 In control: City Council
On agenda: 7/10/2014 Final action: 7/10/2014
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 25 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR THE LAKES OF RADISSON 59th ADDITION AT 123rd COURT/CLOUD DRIVE NE. GORHAM DEVELOPMENT, LLC. (CASE FILE NO. 14-0029/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Lakes 59th CUP - Attachments
Related files: ORD 14-2285, RES 14-129, RES 14-128
DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 25 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR THE LAKES OF RADISSON 59th ADDITION AT 123rd COURT/CLOUD DRIVE NE. GORHAM DEVELOPMENT, LLC. (CASE FILE NO. 14-0029/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
06/10/14
City Council (1st Reading Rezoning)
06/19/14
City Council (2nd Reading Rezone/Comp Plan/Pre Plat/ CUP)
07/10/14
Action Deadline (Extended by City)
08/22/14
 
Planning Commission
The Planning Commission voted unanimously to recommend approval of the Comprehensive Land Use Plan Amendment, Rezoning, Preliminary Plat and Conditional Use Permit. The applicant spoke at the public hearing on his behalf.
 
Background
The property (5 lots) in question is vacant land that is currently zoned I-1 (Light Industrial).  This particular property has seen at least two previous zoning changes over the years.  Originally, in 2006, the City Council rezoned this property to I-2 (Heavy Industrial) due to its proximity to other heavy industrial uses with outside storage and due to the need for more heavy industrial property within the City.  More recently, in early 2014, the City Council rezoned this property to LI (Light Industrial)  based on the site's close proximity to other residential uses in The Lakes which does not create an ideal location for heavy industrial uses.  The property has now been vacant for several years as marketing efforts for heavy industrial or light industrial uses have not been successful.  
 
At this time Gorham Development, LLC wishes to change the land use and zoning of the property to LDR (Low Density Residential)  and DF (Development Flex) in order to subdivide and construct single family homes.  A preliminary plat and a conditional use permit are also required for such development.  
 
Conditional Use Permit
Gorham Development is developing the property into 25 single family home lots.  There are several builders that will be involved with this plat including Gorham Custom Homes, Hedberg Homes, Regency Homes, Price Homes and SW Wold Builders.  Many of these builders are currently working in or have worked in the Lakes development.  
 
The homes being proposed are all typical of the type of homes already being constructed within the Lakes Development.  All exterior home fronts must include brick, stone or cement board products.  Vinyl, aluminum and steel siding is allowed only on the sides and rear of the homes.  Ramblers and two story homes will be provided in this development.  
 
The minimum square footages of the homes will be 1,600 square foot above grade.  Price ranges of the homes will be $425,000 to $600,000.
 
Given the property's proximity to existing heavy industrial uses  to the north that may generate nuisances and/or annoyances for future home owners, the developer will be required to provide substantial effort in screening the future homes from these uses on the north and west sides of the residential development.  The landscape plan indicates that the northern edge of the plat will be heavily planted with spruce and pine trees and there will be an 8-10 foot high berm in the rear yard for the homes on Lots 22-25.  There is an existing chain link fence all along the north edge of this plat that will remain to help to keep debris out of residential areas.  Given the effort that has been made with heavy tree planting (90 conifer trees over the rear of 9 lots), berm and the existing fence, staff believes screening is adequate in this area.  
 
Lot 25 will be greatly affected by surrounding heavy industrial uses.  The developer indicates how the rear yard will be treated as it relates to screening on the north side of the lot.  The developer has provided a plan that indicates he will work with the adjacent property owner to the west to provide 20 coniferous plantings that will be distributed on both properties on the west property line of Lot 25.  
 
All setback and individual lot landscaping requirements are prescribed in the conditional use permit resolution of approval.  
 
The Planning Commission and City Council should consider that, in the future, after the homes have been constructed and lived in, the City may receive complaints from the residents regarding the adjacent uses.  Past history has indicated that even though these residents will be moving next to existing conditions, there will likely be complaints regarding noise, traffic and dust from adjacent uses.  
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Existing Conditions
Preliminary Plat
Site and Utility Plan
Grading Plan
Landscape Plan
Elevations and Floor Plans
Narratives from the Developer
Color Sketch Plan
New Landscape Plan for Lot 25
 
Body
      WHEREAS, an application has been filed by Gorham Development, LLC as Conditional Use Permit Case File No. 14-0029; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on June 10, 2014; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
 
      WHEREAS, the Blaine City Council has reviewed said case on June 19 and July 10, 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 25 single family homes in a DF (Development Flex) zoning district for The Lakes of Radisson 59th Addition 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 garages-attached. 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 as regulated by Zoning Chapter 33.11 (d) (3).
 
Standards
1.      Setbacks shall be as follows:
Front Yard
35 Feet
Rear Yard
25 Feet
Side Yard Interior
5 Feet (Garage) 10 Feet (Living Space)
Side Yard Corner
30 Feet
2.      Maximum building height - 2 1/2 stories or 35 feet.
3.      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.  
4.      Accessory storage buildings below 120 square feet must meet 5-foot side and rear yard setbacks and be located within the rear yard.
5.      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.
6.      All 25 homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations attached to this CUP amendment. All exterior home fronts must include brick, stone or cement board products.  Vinyl, aluminum and steel siding are allowed only on the sides and rear of the homes.  
7.      All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
8.      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.
9.      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.
10.      Each lot shall contain one front yard tree and one boulevard tree. All trees to be overstory deciduous with a minimum of 2½-inch caliper. Corner lots to receive one additional boulevard tree.
11.      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.
12.      The landscaping plan that has been provided for the north end of the plat must be adhered to.  All conifer trees must be six feet in height.  
13.      The developer must present a landscape plan that is similar to the one provided for this approval that indicates the west side of Lot 25 will be planted with no less than 20 conifer trees to be distributed on Lot 25 and on the industrial lot to the west.  
14.      Fences are allowed in the rear yard only and must utilize maintenance free materials.  
15.      All homes within the development to incorporate Airport Noise Abatement Standards to mitigate noise impacts from adjacent uses.  
 
PASSED by the City Council of the City of Blaine this 10th day of July 2014.