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HomeMy WebLinkAbout2020-021 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 20-21 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR BUILDING WITHIN THE FLOODPLAIN AT 7020 WEST SHADOW LAKE DRIVE WHEREAS, the City received a land use application for a Conditional Use Permit for building with within the floodplain at 7020 West Shadow Lake Drive and hereafter referred to as "Development"; and WHEREAS, the property is zoned R-1X, Single Family Executive and allows for construction of a single family home within the floodplain using alternative elevation methods with a conditional use permit; and WHEREAS, the legal description of the subject property is as follows: Lot 2, Block 4, LAKES ADDITION NO. 1, Anoka County, Minnesota. WHEREAS, City staff has completed a review of the land use application based on the following plans: • Certificate of Survey prepared by EG Rud & Sons, Inc. dated December 11, 2019 • Certificate of Survey and Volume Calculations prepared by EG Rud & Sons, Inc. dated December 12, 2019 • House Plans prepared by Croix Design & Drafting, Inc., dated November 8, 2019 • ICC-ES Evaluation Report for Smart Vent Automatic Foundation Flood Vents, reissued February 2019 • Applicant's Rice Creek Watershed District permit application, dated December 19, 2019; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 12, 2020, and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. • • d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed single family home with alternative elevation methods is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan with the required plan revisions as detailed in February 12, 2020, staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed single family home with alternative elevation methods is compatible with present and future land uses. The parcel and adjacent parcels are guided and zoned for residential use. A single family home is consistent the residential land uses. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed single family home with alternative elevation methods will meet zoning performance standards if conditions listed in staff report are met. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. 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. b. 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. c. 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. d. 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 provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. 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. f. 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. The LOS requirements in paragraphs a. to d. 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 Dept. 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. g. h. The City does not relinquish any rights of local determination. The proposed single family home with alternative elevation methods does not change the level of service along West Shadow Lake Drive. It is a local road and is capable of handling the traffic volume proposed by the single family home. 5. The proposed development shall be served with adequate and safe water supply. The proposed single family home with alternative elevation methods will be served by an adequate and safe water supply. The parcel is served by a 12" municipal watermain located along West Shadow Lake Drive. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed single family home with alternative elevation methods will be served by an adequate and safe sanitary sewer system. The parcel is served by a 3" municipal force main sanitary sewer located along West Shadow Lake Drive. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 3 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed single family home with alternative elevation methods is an allowed use within the R-1X, Single Family Executive District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following standards of Section 1103.06(4)(f), are being met: (f) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1. The enclosed area is above -grade on at least one side of the structure; The enclosed area is above -grade on at least one side of the structure as the low floor elevation of the home is above -grade. 2. It is designed to internally flood and is constructed with flood resistant materials; and The crawl space is designed to internally flood through the use of flood vents and will use materials as outlined in the building code. 3. It is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: No other use has been designated on the floor plans or would be approved other than "crawl space ". a. Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be 4 • • designed to prevent flood water from entering or accumulating within these components during times of flooding. The design of the structure will be reviewed through the building permit process and will be required to meet building code standards and flood proofing requirements. The furnace and hot water heater are shown on the first floor of the home, above the flood protection elevation. The air conditioning equipment was not shown. b. Specific standards for above -grade, enclosed areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: i. The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and The house plans show at least two openings on two sides of the structure. The flood vent details and report state that the bottom of the vents shall be no more than one foot above final grade. The ICC-ES Evaluation Report for the flood vents states that the Model 1540-520 can accommodate 200 square foot of the enclosed space. Based on the provided plans, the enclosed crawl space is approximately 1,636 square foot, which will require nine (9) flood vents. The ICC-ES Evaluation Report states that the flood vents are mechanically operated and are activated by rising water. ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. No other use has been designated on the floor plans other than "crawl space ". Design will be approved through the building permit process. BE IT FURTHER RESOLVED by The City Council of Lino Lakes the following standards of Section 1103.11 (5) are also being met: (5) General considerations. The community shall consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; • • The potential danger to life and property due to increased flood heights or velocities is mitigated through the use of the enclosed crawl space equipped with flood vents for temporary flood storage. (b) The danger that materials may be swept onto other lands or downstream to the injury of others; The danger that materials may be swept onto other lands or downstream to the injury of others is mitigated through the use of the enclosed crawl space equipped with flood vents for temporary flood storage. (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; The parcel is currently served by existing municipal watermain and sanitary sewer. The single family home will connect to those services following current editions of the CEAM Standards and the City of Lino Lakes Standard Specifications. (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; The proposed single family home with alternative elevation methods includes an enclosed crawl space equipped with flood vents for temporary flood storage. The garage slab and first floor of the single family home are above the floodplain elevation. (e) The importance of the services to be provided by the proposed use to the community; The proposed single family home with alternative elevation methods provides no services to the community. The parcel is zoned R-1X, Single Family Executive. (f) The requirements of the facility for a waterfront location; The proposed single family home with alternative elevation methods meets the requirements of a facility for a waterfront location. (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; There are no viable alternative locations for the proposed single family home on the parcel. They are all subject to flooding. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; • • The proposed use of the existing parcel is compatible with the anticipated use of the parcel in the future. (i) The relationship of the proposed use to the comprehensive land use plan and flood plain management program for the area; The proposed use of the existing parcel is compatible with the comprehensive land use plan and the floodplain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; West Shadow Lake Drive provides access to the site and is above the flood elevation. The safety of access to the property in times of flood for ordinary and emergency vehicles will not be affected by the construction of the proposed single family home. (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters are not expected to be affected due to the construction of the proposed single family home. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for building within the floodplain at 7020 West Shadow Lake Drive subject to the following conditions: 1. The applicant shall not modify the municipal watermain and sanitary sewer that provides service to the parcel. No floodwater may be pumped into the sanitary sewer system. 2. The flood vents are not to be removed or blocked. The flood vents must be constructed to the manufacturer's standards. Landscaping may not block the vents. 3. If in the future additional square footage is added to the single family home or accessory structures are added to the parcel, additional floodplain management mitigation will be required. 4. Flood -proofing measures, in accordance with the State Building Code and this chapter must be reviewed during the building permit process. The applicant must submit a plan or document certified by a registered professional engineer or architect that the flood -proofing measures are consistent with the regulatory flood protection elevation, the local water management plan and associated flood factors for that particular area. • • 5. The applicant shall enter into a Non -Conversion Agreement, which shall stay with the parcel, and shall state that the crawl space shall not be used for uses other than storage and temporary flooding and that the flood vents shall not be modified in such a way that will decrease their capacity. The City of Lino Lakes and the Rice Creek Watershed District reserve the right to enter the property to perform annual inspections as required by the Non -Conversion Agreement. 6. No impervious surface may be installed under the proposed deck. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following items being addressed prior to issuance of a building permit: 1. On the Certificate of Survey prepared by E.G. Rud & Sons, Inc., dated December 11, 2019: a. Label the existing contours. b. Clearly show the Ordinary High Water Level. c. Clearly show the FEMA Floodplain Elevation. 2. Include a legend for the blue and red volumes shown on the Certificate of Survey prepared by E.G. Rud & Sons that includes the Volume Calculations dated December 12, 2019. 3. Provide square footage of the crawl space and verify that eight flood vents are enough to service this space. The ICC-ES Evaluation Report claims that the Model 1540-520 Flood Vent is capable of providing flood mitigation for 200 square feet per properly installed flood vent. 4. A building permit shall be submitted and approved by the Building Department. Adopted by the Council of the City of Lino Lakes this 9th day of March, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member Lyden and was duly seconded by Council Member Cavegn and upon vote being taken thereon, the following voted in favor thereof: Lyden, Cavegn, Stoesz, Ruhland, Rafferty The following voted against same: None ATTEST: 8 •i2.4tr\ti Ro afferty, M or