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File #: RES 13-068    Version: 1 Name: 12-30 Legacy Creek Phase 2 CUP
Type: Resolution Status: Passed
File created: 5/2/2013 In control: City Council
On agenda: Final action: 5/2/2013
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF UP TO 177 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR THE PRESERVE AT LEGACY CREEK AT LEGACY CREEK PARKWAY/NORTH OF 127TH AVENUE NE. MAJESTIC FINANCIAL, LLC. (CASE FILE NO. 12-0030/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Legacy Creek Attachments - Map, Plat, Landscape, Phasing.pdf, 2. Legacy Creek Attachments - Narrative, Elevations, Floor Plans.pdf
Related files: RES 13-067
ITEM:         11.7B         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF UP TO 177 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT FOR THE PRESERVE AT LEGACY CREEK AT LEGACY CREEK PARKWAY/NORTH OF 127TH AVENUE NE. MAJESTIC FINANCIAL, LLC. (CASE FILE NO. 12-0030/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
04/09/13
City Council (Preliminary Plat/CUP)
05/02/13
Action Deadline
05/06/13
 
Planning Commission
The Planning Commission voted unanimously to approve the conditional use permit. Please see the plat item for public hearing comments.
 
Background
Ryland Homes has been selected as the builder for this development and will eventually take over as the developer of the plat.  The property is zoned DF (Development Flex) and so the standards of development are set up through a conditional use permit resolution.  
 
The plat contains both small and large single family home lots.  The small lot (65-foot lots) single-family portion of the development contains 54 lots and will be located on Blocks 1-7.  The large lot (72-75-foot lots) single-family portion of the development contains 123 lots and will be located on Blocks 8-15.  While there is no significant difference between the types of homes that will be offered for these lots the northern larger lot area of the development will be able to accommodate home models with larger footprints and will have greater enhancements in terms of exterior materials.  
 
Ryland Homes will be offering six (6) two-story floor plans, ranging from 2,185 square feet to 3,380 square feet and one (1) 2,218 square foot rambler home.  The sale prices will be from the mid $300,000's to the mid $400,000's.  Each home will offer three to four different elevations for residents to choose from.  All of the features of the homes are described in the attachment provided by Ryland Homes.   
 
All of the homes within Blocks 8-15 will have front elevation options that include engineered wood siding.  At least 50% of the homes in the large lot neighborhoods will also need to include stone or brick on the front elevations.  
 
The setback for all lots are as follows:
 
Front Yard
25 Feet
Rear Yard
30 Feet
Side Yard - House and Garage
7.5 Feet
Side Yard for Corner Lots
20 Feet
 
 
 
All of the 72-75+ foot lots (the northern 123 lots), in order to meet tree replacement standards, will be required to provide three trees per lot consisting of:
·      One overstory boulevard tree (corner lots require two boulevard trees)
One overstory front yard tree
One rear yard tree (conifer or overstory)
  • All of the 65-foot lots will contain two overstory trees per lot (front yard and boulevard).  
  • Full yard sod is required on all lots.
  •  
    Recommendation
    By motion, approve the Resolution.
     
    Attachments
    Zoning and Location Map
    Preliminary Plat
    Landscape Plan
    Phasing Plan
    Narrative From Ryland Homes
    Building Elevations and Floor Plans
    Public Comments
     
    Body
    WHEREAS, an application has been filed by Majestic Financial, LLC as Conditional Use Permit Case File No. 12-0030; and
     
    WHEREAS, a public hearing has been held by the Blaine Planning Commission on April 9, 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 May 2, 2013.
     
    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 up to 177 single family homes in a DF (Development Flex) 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 - 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 regulated under 33.11.
    Standards
    1.      Setbacks:
     
    Front Yard
    25 Feet
    Rear Yard
    30 Feet
    Side Yard - House and Garage
    7.5 Feet
    Side Yard for Corner Lots
    20 Feet
     
     
    2.      Maximum building height - 2 1/2 stories or 35 feet.
      1. 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.
      2. The minimum finished floor area above grade for all homes shall be 2,100 square feet.  
      3. All homes to be constructed utilizing pre-approved exterior materials, roof pitches and elevations and should be consistent with the architecture provided by Ryland Homes. All house exteriors in Blocks 8-15 (123 larger lots) to utilize engineered wood siding on the front elevations.  At least 50% of the homes on Blocks 8-15 must have brick or natural stone as an element on the front elevations.  All house exteriors to provide enhanced window fenestration.
      4. 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.
      5. All residential dwellings must be built in conformance with the current edition of the Minnesota State Building Code.
      6. 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.
      7. All single family dwellings and additions to single family dwellings shall have at least a 4/12 roof pitch and shall have a shingled roof.  
    1. 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.
    2. Each 65-foot lot (54 smaller lot neighborhood) shall contain one front yard tree and one boulevard tree with a minimum of 2½-inch caliper.  Corner lots shall each have one additional boulevard tree.  
    3. Each 72-75+ foot lot shall contain three trees consisting of one overstory boulevard, one overstory front yard and one rear yard tree (conifer or overstory). Overstory trees must be 2 ½ inch caliper.  Conifer trees must be 6-feet in height.  Corner lots to have a 2nd boulevard tree.
    4. 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.
     
    PASSED by the City Council of the City of Blaine this 2nd day of May 2013.