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File #: RES 17-148    Version: 1 Name: 17-29 Oakwood Ponds - CUP
Type: Resolution Status: Passed
File created: 10/19/2017 In control: City Council
On agenda: 10/19/2017 Final action: 10/19/2017
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 167 SINGLE FAMILY HOMES AND 44 DETACHED TOWNHOMES (VILLAS), FOR A TOTAL OF 211 HOUSING UNITS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR OAKWOOD PONDS, LOCATED AT THE NE QUADRANT OF LEVER STREET AND 125TH AVENUE. EXCELSIOR GROUP. (CASE FILE NO. 17-0029/SLK)
Sponsors: Bryan Schafer

DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director

 

Title

GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 167 SINGLE FAMILY HOMES AND 44 DETACHED TOWNHOMES (VILLAS), FOR A TOTAL OF 211 HOUSING UNITS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR OAKWOOD PONDS, LOCATED AT THE NE QUADRANT OF LEVER STREET AND 125TH AVENUE.  EXCELSIOR GROUP.  (CASE FILE NO. 17-0029/SLK)

 

Schedule of Actions

Planning Commission (Public Hearing)

09/12/17

City Council (1st Reading Rezone)

10/05/17

City Council (2nd Reading Rezone, Pre-Plat, CUP)

10/19/17

Action Deadline

11/16/17

 

Planning Commission Action

The Planning Commission voted unanimously to approve the rezoning. There were comments at the public hearing related to drainage of the plat, the proposed location of the road entering the development on Lever Street, and buried construction debris on the proposed plat.

 

Background

The preliminary plat proposal consists of subdividing approximately 109 acres into a subdivision with a total of 211 new dwelling units and a lot for an existing home. The preliminary plat also includes outlots for ponds, drainage, and wetlands. This application proposes single-family homes and detached townhomes.

 

Because the developer is proposing different housing styles with different design issues, platting requirements, lot sizes, markets and price ranges, the DF (Development Flex) zoning is proposed to establish the minimum standards for each of these areas. 

 

Neighborhood Description

                     

In summary, Oakwood Ponds development is proposed to contain the following:

 

                     52- 80 foot Single-Family Lots

                     115- 65 foot Single-Family Lots

                     44- Detached Townhomes (Villa Homes)

 

The single-family lots are proposed to be 80 and 65 feet in width, and the typical depth being 135 feet. These homes will be enhanced with impressive exterior architectural details. The homes will include brick, stone, Hardie/LP (fiber cement) siding on the front elevation, and varying gables and hip rooflines.  The floor plans would provide 1,600-4,400 square feet of finished area.  The estimated price range will start at $350,000 for the 65 foot wide lots and the 80 foot wide lots will be $375,000-$500,000.

 

All single-family units are proposed to be constructed with a minimum 25-foot front yard setbacks and 30-foot rear yard setbacks.

 

The applicant is also proposing to construct detached single family Villa Homes.    The homes will consist of a rambler layout including an owner’s suite on the main level with additional bedrooms and living space on the lower level.  The proposed unit will have 1,600 to 1,900 square feet of finished square footage on the main level. The homes will include brick, stone, Hardie/LP (fiber cement) siding on the front elevation.  The homeowner will be required to be a part of an association that would cover yard maintenance and snow removal.  The homeowner would be responsible to provide exterior building maintenance.  The estimated price range will start in the low $300,000.  The attached floor plan identifies a garage width of less than 20 feet, a condition has been added that requires no dimension less than 20 feet.  This requirement is consistent with other similar approvals.

 

The required landscaping in the single-family area consists of one boulevard and one front yard tree per lot plus an additional tree per lot to meet the tree replacement requirement. Site grading will remove a significant number of trees over the 105 acres that will be disturbed. 735 of those trees need to be replaced per City ordinance.

 

Because of the proximity of portions of this development to 125th Avenue it is recommended that Noise Abatement Standards be incorporated into all housing constructed within 500 feet of 125th Avenue.

 

ENGINEERING ITEMS

 

The developer has responsibility to construct 125th Avenue NE intersection improvements associated with this development.  Anoka County has specified required improvements in their plat review. 

 

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.

 

Developer and staff will work together to identify areas of the plat where additional trees can be saved through the use of custom grading, retaining walls, and by structure design. 

 

The property owners in this plat, together with other property owners along Lever Street have petitioned for trunk sanitary sewer, water main, and street improvements to be constructed to serve the plat.  A feasibility report was prepared and presented to the City Council on June 1, 2017.  The report identified assessments that each parcel on Lever Street would pay for the proposed improvements.  The estimated cost for property owners of this plat are estimated at $ 384,846.  The Blaine City Council held a public hearing and ordered improvements on July 13, 2017 (City Project No. 17-07).  The Oakwood Ponds development will be responsible for paying assessments for the improvements.

 

It is anticipated that the city project, to install the trunk sanitary sewer and trunk water main along Lever Street NE from 125th Avenue NE to serve properties along Lever Street NE, will be Spring/Summer of 2018.

 

Trunk Sanitary Sewer area charges become due with platting for upland acreage.  The 2017 rate of $6,300/acre for Sanitary Sewer District 7 will apply to all upland acreage if platted in 2017.

 

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 insure 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.

 

Rice Creek Watershed District review and permit is required.

 

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 the south 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.

 

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 shall be required to verify structure elevations, custom grading requirements, and final lot grading elevations.

 

Recommendation

By motion, approve the Resolution.

 

Attachments

See report for Rezone.

 

Body

                     WHEREAS, an application has been filed by Excelsior Group as Conditional Use Permit Case File No.17-0029; and

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on September 12, 2017; and

 

                     WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on October 19, 2017.

 

                     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 167 single family homes (52- 80 foot wide lots and 115- 65 foot wide lots), 44 detached townhomes (Villas), for a total of 211 housing units at the NE quadrant of Lever Street and 12th Avenue based on the following conditions:

 

Single Family - DF Development Standards -80 foot wide lots (52 units)

 

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 - 25 feet

2.                     Side yard setback - 10 feet for house and 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.  Accessory storage buildings below 120 square feet must meet 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:

a.                     1,800 square feet for a single level/split level home

b.                     1,900 square feet for a two-story home.

All homes shall have a minimum depth and width of 24 feet.

8.                     All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations attached to this CUP. 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. 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.

9.                     All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.

10.                     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.

11.                     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.

12.                     Each lot shall contain one front yard tree and one boulevard tree with a minimum of 2½-inch caliper. All lots shall have one additional yard tree (deciduous or conifer) to meet the tree replacement plan. 

13.                     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.

14.                     All parkway and development entrance signage by separate permit.

 

Single Family - DF Development Standards -65 foot wide lots (115 units)

 

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 - 25 feet

2.                     Side yard setback - 7.5 feet for house and 7.5 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.  Accessory storage buildings below 120 square feet must meet 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:

8.                     1,600 square feet for a single level/split level home

9.                     1,900 square feet for a two-story home.

10.                     All homes shall have a minimum depth and width of 24 feet.

11.                     All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations attached to this CUP. 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. 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.

12.                     All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.

13.                     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.

14.                     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.

15.                     Each lot shall contain one front yard tree and one boulevard tree with a minimum of 2½-inch caliper.  All lots shall have one additional yard tree (deciduous or conifer) to meet the tree replacement plan. 

16.                     All homes within 500 feet of Main Street, to incorporate the Noise Abatement Standards with Central Air conditioning to mitigate noise impacts. There are approximately 12 of the 211 homes that are within 500 feet of 125th Avenue. Those homes will be required to meet the intent of the Noise Abatement Standards in their construction. The lots included in this requirement are Preliminary Plat Lots 34-39 Block 5 and Lots 1-6 Block 7.

17.                     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.

18.                     All development entrance signage by separate permit.

19.                     A landscape plan to be submitted for the entrance from 125th Avenue NE.

 

 

Single Family-Detached Townhomes-50 foot wide lots (Villas) - DF Development Standards (44 units)

 

Permitted Uses

 

1.                     Single-family detached dwellings.

2.                     Group family daycare.

 

Accessory Uses

 

1.                     Private garages - No detached structures 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.                     Construction of all detached townhomes to be generally guided by depictions, drawings and information submitted for review and approval for this conditional use permit.  All site plans and unit plans require approval of the Planning Department prior to work beginning.  All site work to meet the Performance Standards Section 33.00 of the Zoning Ordinance.  A landscape plan to be submitted prior to Site Plan approval.

 

2.                     Minimum floor area above grade for detached townhomes must be 1,600 square feet.

 

3.                     All homes to be constructed are to be consistent in architecture, materials and style with the drawings/elevations attached to this CUP. 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. 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.

 

4.                     All units to be placed according to the following minimum building setbacks:

 

                     25-foot front yard setback for houses and garages

                     5-foot side yard setback for garages

                     5-foot side yard setback for houses

                     20-foot rear yard setback for houses and garages

 

5.                     All garages to be minimum of 400 square feet with no dimension less than 20 feet. Maximum garage area limited to not more than 1,000 square feet.

 

6.                     No detached accessory structures except for those associated with or required for operation and maintenance of swimming pools.

 

7.                     Each lot shall contain one front yard tree and one boulevard tree with a minimum of 2 ½ inch caliper. One of the required trees may be an ornamental tree. Corner lots shall each have one additional boulevard tree. The landscape plan will also require additional trees as needed by the tree replacement plan.

 

8.                     All lots shall have underground irrigation. 

 

9.                     All entrance monument signage to be approved by a separate permit. 

 

10.                     The landscape plan must detail any landscaping associated with entrance monument signage.

 

11.                     Developer to execute and record, if deemed appropriate by the City Engineer, 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.                     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.

 

 

 

 

 

PASSED by the City Council of the City of Blaine this 19th day of October, 2017.