HomeMy WebLinkAbout2019-147 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 19-147
APPROVING PRELIMINARY PLAT FOR STERN ADDITION
WHEREAS, the City received a land use application for preliminary plat for Stern Addition
hereafter referred to as Development; and
WHEREAS, the legal description of the subject site is Lot 1, Block 1, Lakes Addition No. 5,
Lino Lakes, Anoka County, Minnesota; and
WHEREAS, the property owners, James and Sheryl Stern, propose to subdivide the subject site
into Lot 1 and Lot 2, Block 1, Stern Addition for the purpose of constructing a single family
home on Lot 2; and
WHEREAS, City staff completed a review of the Development based on the following:
• Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc.
dated September 12, 2019
• Preliminary Plat prepared by EG Rud & Sons, Inc. dated September 12, 2019
• Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc.
dated September 12, 2019
• Tree Inventory/Removals prepared by EG Rud &Sons, Inc. dated September 12, 2019
• Utility As -Built Plan prepared by EG Rud & Sons, Inc. dated September 12, 2019
• CLOMR-F Exhibit prepared by EG Rud & Sons, Inc. dated September 12, 2019
• Report of Geotechnical Exploration prepared by ITCO Allied Engineering Company
dated July 24, 2019
• Site Drainage Narrative prepared by Plowe Engineering, Inc. dated September 13, 2019
• Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated August 2,
2019; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on October 9, 2019
and the Board recommended approval of the Development.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby makes the following:
FINDINGS OF FACT
Per Subdivision Ordinance Section 1001.013, Premature Subdivision:
(1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the
following criteria shall be denied by the City Council.
(2) Conditions for establishing a premature subdivision. A subdivision may be deemed
premature should any of the following conditions not be met.
(a) Consistency with the Comprehensive Plan. Including any of the following:
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1. Land use plan;
2. Transportation plan;
3. Utility (sewer and water) plans;
4. Local water management plan;
5. Capital improvement plan; and
6. Growth management policies, including MUSA allocation criteria.
Stern Addition is consistent with the goals and policies of the comprehensive plan in regards to
resource management, land use, housing, transportation and utilities as detailed in the
November 12, 2019 Council staff report. The development is also consistent with the local water
management plan, capital improvement plans and growth management policies.
(b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill
policies:
1. The urban subdivision must be located within the Metropolitan Urban Service Area
(MUSA) or the staged growth area as established by the city's Comprehensive Plan;
2. The cost of utilities and street extensions must be covered by one or more of the
following:
a. An immediate assessment to the proposed subdivision;
b. One hundred percent of the street and utility costs are privately financed by the
developer;
c. The cost of regional and/or oversized trunk utility lines can be financed with available
city trunk funds; and
d. The cost and timing of the expenditure of city funds are consistent with the city's
capital improvement plan.
3. The cost, operation and maintenance of the utility system are consistent with the normal
costs as projected by the water and sewer rate study; and
4. The developer payments will offset additional costs of utility installation or future
operation and maintenance.
Stern Addition is consistent with infill policies. The development is within the current Utility
Staging Area 1A=2008-2015. In 2018, the City commenced the West Shadow Lake Drive
Street and Utility Improvement Project to reconstruct the street and install municipal water
and sanitary sewer. The cost, operation and maintenance of the utility system is consistent
with the normal costs projected by the water and sanitary system plans. No future utility
costs are proposed.
(c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the
following requirements for level of service (LOS), as defined by the Highway Capacity
Manual:
1. If the existing level of service (LOS) outside of the proposed subdivision is A or B,
traffic generated by a proposed subdivision will not degrade the level of service more than
one grade;
2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a
proposed subdivision will not degrade the level of service below C;
3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a
proposed subdivision will not degrade the level of service below D;
4. The existing LOS must be D or better for all streets and intersections providing access
to the subdivision. If the existing level of service is E or F, the subdivision developer must
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provide, as part of the proposed project, improvements needed to ensure a level of service
D or better;
5. Existing roads and intersections providing access to the subdivision must have the
structural capacity to accommodate projected traffic from the proposed subdivision or the
developer will pay to correct any structural deficiencies;
6. The traffic generated from a proposed subdivision shall not require city street
improvements that are inconsistent with the Lino Lakes capital improvement plan.
However, the city may, at its discretion, consider developer -financed improvements to
correct any street deficiencies;
7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake
Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be
evaluated in conjunction with Anoka County and the Minnesota Department of
Transportation, and a plan must be prepared to determine improvements needed to resolve
deficiencies. This plan must determine traffic generated by the subdivision project, how
this traffic contributes to the total traffic, and the time frame of the improvements. The plan
also must examine financing options, including project contribution and cost sharing
among other jurisdictions and other properties that contribute to traffic at the interchange;
and
8. The city does not relinquish any rights of local determination.
Stern Addition meets the requirements for level of service (LOS). West Shadow Lake Drive is a
newly reconstructed local street and has capacity to accommodate one (1) new single family
home. The city does not relinquish any rights of local determination.
(d) Water supply. A proposed subdivision shall be deemed to have an adequate water
supply when:
1. The city water system has adequate wells, storage or pipe capacity to serve the
subdivision;
2. The water utility extension is consistent with the Lino Lakes water plan and offers the
opportunity for water main looping to serve the urban subdivision;
3. The extension of water mains will provide adequate water pressure for personal use and
fire protection; and
4. The rural subdivision can demonstrate that each of the proposed lots can be provided
with a potable water supply.
Stern Addition will have an adequate water supply. In 2018, the City commenced the West
Shadow Lake Drive Street and Utility Improvement Project to reconstruct the street and install
municipal water and sanitary sewer. The subject site is served by an 8" DIP watermain. The
water supply system has capacity to handle one (1) single family home.
(e) Waste disposal systems. A proposed subdivision shall be served with adequate waste
disposal systems when:
1. The urban sewered subdivision is located inside the city's MUSA or is consistent with
the MUSA allocation criteria;
2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed
to its maximum density;
3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan
and capital improvement plan;
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4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary
sewer disposal system; and
5. A rural subdivision with a proposed communal sanitary sewer or water system has an
effective long range management and maintenance program with proper financing.
Stern Addition will be served with an adequate waste disposal system. In 2018, the City
commenced the West Shadow Lake Drive Street and Utility Improvement Project to reconstruct
the street and install municipal water and sanitary sewer. The subject site is served by a 3"
sanitary sewer force main and has capacity to handle one (1) single family home.
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Stern Addition is not a premature subdivision; and
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes the following conditions of approval:
1. A basin and side yard drainage way are required to minimize stormwater and pollutants
from entering the public water.
2. A vegetated buffer zone extending upland from the shoreline averaging at least 20 feet in
width but no less than 10 feet in width shall be installed and maintained on both Lot 1
andLot2.
a. One access opening to the shoreline no greater than twenty (20) feet wide is
allowed on Lot 1 and Lot 2.
3. The existing house on Lot 2 and new house on Lot 1 are required to connect to municipal
water and sanitary service upon availability.
4. Lot 1 and Lot 2 will have limited ability to construct accessory structures, decks or
additions due to the required OHWL setback and floodplain requirements.
5. The applicant shall obtain a FEMA LOMR-F to revise the floodplain map.
BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
approves the preliminary plat for Stern Addition subject to the following items being addressed
in conjunction with the final plat submittal:
1. All comments from City Engineer Letter dated September 24, 2019 shall be addressed.
2. All comments from the Environmental Coordinator letter dated October 3, 2019 shall be
addressed.
3. Sheet 2, Preliminary Plat:
a. It shall be noted on the preliminary plat and future certificate of surveys, "This lot
has limited ability to construct accessory structures, decks or additions due to the
required OHWL setback and floodplain requirements."
b. The "BLDSB" line along the side yards shall be omitted.
c. The plans shall be revised to show a 75 foot `BLDSB" setback line parallel to the
OHWL on both Lot 1 and Lot 2.
d. The wetlands and FEMA basin shall be covered by a 10 foot wide easement.
e. A future deck location shall be shown on the future house on Lot 1.
f. Plans for the existing shed and fire pit shall be detailed.
4. All disturbed areas shall have appropriate ground cover in accordance with Section
1007.043(17)(h). This includes the existing driveway turn around being removed.
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5. A landscape plan detailing the vegetated buffer plantings and maintenance shall be
submitted.
6. The applicant shall obtain a CLOMR-F from FEMA to revise the floodplain map.
Adopted by the Council of the City of Lino Lakes this 12th day of November, 2019.
The motion for the adoption of the foregoing resolution was introduced by Council Member
,4 4 t v t and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
IZct f-c-. , S-iz-C'S 1 �i •tliiey
The following voted against same:
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ATTEST:
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anne Bartell C ty rk
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