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File #: RES 22-021    Version: 1 Name: CUP Amend - Oakwood Ponds (22-0006)
Type: Resolution Status: Passed
File created: 2/7/2022 In control: City Council
On agenda: 2/7/2022 Final action: 2/7/2022
Title: Granting a Conditional Use Permit Amendment to Change 24 Lots (80 Feet Wide) to 29 Lots (65 Feet Wide) in a DF (Development Flex) Zoning District for Outlot C, Oakwood Ponds 5th Addition at 127th Lane NE/East of 127th Circle NE Alignment. Twin Cities Land Development (Case File No. 22-0006/SLK)
Sponsors: Sheila Sellman
Attachments: 1. Attachments

Public Hearing - Sheila Sellman, City Planner

 

Title

Title

Granting a Conditional Use Permit Amendment to Change 24 Lots (80 Feet Wide) to 29 Lots (65 Feet Wide) in a DF (Development Flex) Zoning District for Outlot C, Oakwood Ponds 5th Addition at 127th Lane NE/East of 127th Circle NE Alignment. Twin Cities Land Development (Case File No. 22-0006/SLK)

end

 

Executive Summary

The applicant is requesting to change 24 lots (80 feet wide) to 29 lots (65 feet wide) in the last phase of Oakwood Ponds.

 

Schedule of Actions

City Council (Conditional Use Permit)

02/07/22

Action Deadline

03/15/22

 

Background

Staff report prepared by Shawn Kaye, Associate Planner

 

Twin Cities Land Development (TCLD and formerly Excelsior Group) received approval for the Oakwood Ponds development in 2017 and began development activities that year. The development has been making progress in the past four years with the construction of 65-foot wide single-family lots and villa home lots that are 50-foot and 60-foot wide.

 

In February 2021, the applicant received a CUP amendment to reduce 80-foot wide lots to 65-foot wide lots which increased from 28 lots to 34 lots. The applicant stated the change in lot size was based on the builder’s feedback regarding the sales success of the 65-foot-wide lot size.

 

The current conditional use permit amendment request involves 24 (80-foot) lots identified as the 6th Addition within the attachments. Due to changes in the housing market and based on current builder feedback on the success of the 65-foot-wide lots, TCLD has requested an amendment to change these lots to 65 feet wide, resulting in 29 total lots. The square footage of the proposed 65-foot-wide lots would range from 8,682 square feet to 16,848 square feet. The existing 24 (80-foot) lots square footage range is 10,758 square feet to 22,036 square feet.

 

The developer has identified Creative Homes as the builder for the proposed lots. Elevations of the proposed homes are attached. Home square footages range from 1,700-4,300 square feet. The proposed homes fit on a 65-foot-wide lot, therefore approval of a lot width reduction would allow for five additional lots to be created. If the reduction was not approved, in all likely-hood the builder would construct the same homes, just on wider lots.

 

In reviewing this request, the City Council should consider the impact of narrower lots, understanding that the product type would be the same and a lot width reduction would allow five additional homes to be constructed.

 

The existing density of the 24 (80-foot-wide) lots is approximately 2.7 units per acre. The proposed change to 29 (65-foot wide) lots would be approximately 3.2 units per acre. The parcel has a land use of LDR (Low Density Residential) and this designation allows up to six units per acre. Therefore, the proposed 3.2 units per acre would meet the LDR density requirements.

 

The proposed conditions of approval are consistent with the approved conditional use permit on October 19, 2017. Property owners within 350 feet of the proposed conditional use permit amendment were notified of this request.

 

In granting a conditional use permit, the Blaine City Council shall consider the effect of the proposed use on the comprehensive plan and 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. Outlot C area with the proposed 29 units calculates to about 3.2 units per acre. The school district staff meets with Planning staff annually to receive updates on potential growth. The proposed single-family use will not put 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 in Blaine 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 homes, which is consistent with the designated LDR 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. This area is guided by the Comprehensive Land Use Plan as LDR (Low Density Residential). This land use allows up to six units per acre and single-family homes. The Outlot C area with the proposed 29 units calculates to about 3.2 units per acre and is not in conflict.

7.                     The use will not cause traffic hazard or congestion. The existing road network and the proposed extensions to serve this development have adequate capacity to accommodate the proposed change in the number of lots.

8.                     The use shall have adequate utilities, access roads, drainage and necessary facilities. The appropriate sized utilities, roadways, and drainage have been installed to adequately serve this development. There is capacity in each of these areas to provide service for the additional number of lots proposed.

9.                     The developer will be required to submit a final plat based on the decision related to this proposed amendment.

 

Strategic Plan Relationship

Not applicable.

 

Board/Commission Review

The public hearing is being held at the City Council meeting, therefore no review or

recommendation was received from the Planning Commission.

 

Financial Impact

Not applicable.

 

Public Outreach/Input

Notice 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’s website.

 

Staff Recommendation

By motion, adopt the Resolution.

 

Attachment List

Zoning and Location Map

Color Plat/Site Plan

House Elevations and Floor Plans

Lot Square Footage

Narrative

 

Body

                     WHEREAS, an application has been filed by Twin Cities Land Development as Conditional Use Permit Amendment Case File No. 22-0006; and

 

                     WHEREAS, said case involves the land described as follows:

 

Outlot C, OAKWOOD PONDS 5TH ADDITION

 

                     WHEREAS, the Blaine City Council has reviewed said case on February 7, 2022.

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 29.110 of the Zoning Ordinance to change 24 lots (80 Foot wide) to 29 lots (65 Foot wide) lots in a DF (Development Flex) zoning district based on the following conditions:

 

Single Family - DF Development Standards - 65 foot wide lots (29 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 ½ 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.                     1,600 square feet for a single level/split level home

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

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. 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.

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.                     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.

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.

 

PASSED by the City Council of the City of Blaine this 7th day of February, 2022.