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File #: RES 11-0135    Version: 1 Name: 11-0034 Legacy Crk CUP Amend
Type: Resolution Status: Passed
File created: 10/6/2011 In control: City Council
On agenda: 10/6/2011 Final action: 10/6/2011
Title: RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO APPROVE A NEW LANDSCAPING PLAN AND HOME DESIGNS FOR THREE (3) TOWNHOME BUILDINGS (11 TOWNHOME UNITS) IN THE LEGACY CREEK DEVELOPMENT.
Sponsors: Bryan Schafer
Attachments: 1. Attachments.pdf, 2. Unapproved Sept PC Minutes.doc
ITEM:      11.2      Development Business - Bryan Schafer, Planning and Community Development Director
 
Title
RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO APPROVE A NEW LANDSCAPING PLAN AND HOME DESIGNS FOR THREE (3) TOWNHOME BUILDINGS (11 TOWNHOME UNITS) IN THE LEGACY CREEK DEVELOPMENT.
 
Schedule of Actions
Planning Commission Public Hearing: 09/13/11
City Council: 10/06/11
 
Planning Commission Action
The Planning Commission voted unanimously to approve the conditional use permit amendment.  There were no comments at the public hearing.
 
Background
The Preserve at Legacy Creek, when approved in 2007, contained a townhome component with 101 row homes. Centex Homes began building that product and completed 3 buildings with 15 units.  No construction has occurred since 2009 and Centex Homes has left the project.  The original developer has also left the project and the finance company has control at this point.  They have been in contact over the past several months with a number of townhome builders to determine if one of those groups would consider finishing the project with a product that is a similar row style townhome with front entry and rear alley garages, just as the Centex units are constructed. Market acceptance of this style of row home seems to be particularly hard hit.  One market conclusion is that while this type of unit has good street appeal it leaves the homeowner without a rear patio or yard.
 
Mattamy Homes is a newer builder to the Twin Cities area with developments occurring in the south metro, Woodbury and Maple Grove.  Mattamy Homes is a Canadian based builder and the largest homebuilder in Canada.  Mattamy Homes has come forward with a row townhome product that has the garage on the same elevation as the front door. Their building footprint, because of accommodating the front entry and garage door on the same side of the unit, is a bit wider than the Centex homes and therefore, while they would generally fit within the same platted and prepared area there would be fewer units.
 
In order for Mattamy Homes to construct their units on the platted lots, a conditional use permit amendment is required that sets up the standards of development, and that negates the townhomes designs by Centex that were approved for this site.  
 
Mattamy is proposing two 3-unit buildings and one 5 unit buildings for a total of 11 units.  Units would range in size from 1571 square feet to 2123 square feet. All units would have 2-car garages.  The off-street parking provided by Centex would be maintained and there is an off-street parking area proposed on Okinawa Circle.  
 
In general their proposal is to rearrange the units with the backs of the homes facing Legacy Creek Parkway and 126th Avenue. This is the change to accommodate the different style of unit.  A significant landscape and berming effort along those frontages is proposed to soften that change. Both the building and landscape information is attached. Also sample floor plans from their Woodbury project is attached as well.
 
You will see that the Mattamy elevations use color to a great extent to provide architectural elements that stand out when passing by the townhomes.  The townhomes will have a different look than the Centex townhomes, but they are still architecturally pleasing units.  
 
For any buildings that are greater than 8,500 square feet, the Uniform Fire Code requires that automatic fire suppression systems be installed in the buildings.  A minimum of 30-feet between townhome units must be provided and the site plan does meet this requirement.
Because of the proximity of portions of this development to 125th Avenue it is recommended that Airport Noise Abatement Standards be incorporated into all housing constructed.
The City has used an off-street parking requirement for townhome developments of .3 stalls per unit.  There are 11 units in the development, and thus, 3 off-street stalls would be required.  The plan for these units exceeds that requirement.
The City has used a standard landscaping requirement of one overstory tree, one conifer tree and one ornamental tree per unit for townhome developments.  This development would need 11 of each kind of trees installed.  These trees should be located within the setback areas.  The landscaping that is shown along Legacy Creek Parkway and 126th Avenue is in addition to these requirements.  
Site plan approval will be required prior to issuance of any building permits for the townhomes.  This is an administrative process that does not require further Council action.  
Any entrance signage for the development will require a separate permit.  
 
Park dedication for the townhome area was previously paid when the plat was recorded.  In addition, the developer's responsibility for improvements to 125th Avenue were also covered under the original development agreement for this plat.  
 
Recommendation
By motion, approve Resolution.
 
Body
 
      WHEREAS, an application has been filed by SCC Funding I, LLC as Conditional Use Permit Amendment Case File No. 11-0034; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on September 13, 2011; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit Amendment be approved; and
 
      WHEREAS, the Blaine City Council has reviewed said case on October 6, 2011.
 
      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit Amendment is hereby approved per Section 29.80 of the zoning ordinance to approve a new landscaping plan and home designs for three (3) townhome buildings (11 townhome units) in the Legacy Creek Development (Lots 1, 2 and 3, Block 6; Legacy Creek) based on the following conditions:
 
1.      Construction of all attached housing units to be generally guided by the City Council's Resolution and by depictions, drawings and information on the attached plans.
2.      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.
3.      All housing units to incorporate Airport Noise Abatement Standards with Central Air conditioning.
4.      Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
5.      All attached housing units, with total structure sizes greater than 8,500 square feet, to be provided with automatic fire suppression systems.
6.      Minimum floor area above grade for townhomes of 1,571 square feet.
7.      The City has used a standard landscaping requirement of one overstory tree, one conifer tree and one ornamental tree per unit for townhome developments.  This development would need 11 of each kind of trees installed.  These trees should be located within the setback areas.  The landscaping that is shown along Legacy Creek Parkway and 126th Avenue is in addition to these requirements.  
8.      Underground irrigation must be provided for all landscaped areas.
9.      Any entrance signage for the development will require a separate permit.
 
PASSED by the City Council of the City of Blaine this 6th day of October 2011.