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HomeMy WebLinkAbout2020-145 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 20-145 APPROVING PRELIMINARY PLAT FOR BALD EAGLE ADDITION WHEREAS, the City received a land use application for preliminary plat for Bald Eagle Addition hereafter referred to as Development; and WHEREAS, the legal description of the subject site is the north 283 feet of the west 283 feet of Lot 24, AUDITOR'S SUBDIVISION NO. 151, EXCEPT the east 120 feet thereof, Anoka County, Minnesota; and WHEREAS, the applicant, Bald Eagle Builders, proposes to subdivide the subject site into Lot 1 and Lot 2, Block 1, Bald Eagle 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 24, 2020 • Preliminary Plat prepared by EG Rud & Sons, Inc. dated November 3, 2020 • Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc. dated November 3, 2020 • Tree Inventory/Removals prepared by EG Rud & Sons, Inc. dated September 20, 2020 • Utility As -Built Plan prepared by EG Rud & Sons, Inc. dated September 24, 2020 • Report of Geotechnical Exploration prepared by ITCO Allied Engineering Company dated September 23, 2020 • Drainage Calculations prepared by Plowe Engineering, Inc. dated September 25, 2020; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 10, 2020 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: 1. Land use plan; 1 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. Bald Eagle 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 this 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. Bald Eagle Addition is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. 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 provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 2 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. Bald Eagle Addition meets the requirements for level of service (LOS). Second Avenue is a major collector road 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. Bald Eagle Addition will have an adequate water supply. A 12" watermain exists along Elm Street. The existing house is connected to municipal watermain. A 6" watermain exists along Second Avenue. The new house will also be connected to municipal 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; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 3 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. Bald Eagle Addition will be served with an adequate waste disposal system. An 8" sanitary sewer main exists along both Elm Street and Second Avenue. The existing house is connected to municipal sanitary sewer. The new house will also be connected to municipal sanitary sewer. The system has capacity for one (1) additional single family home. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Bald Eagle 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. The driveway to the third stall garage on 202 Elm Street shall be hard surfaced in accordance with City Code. a. A Zoning Permit is required. 2. The new house proposed on Lot 2, Block 1, Bald Eagle Addition is required to connect to municipal water and sanitary services. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for Bald Eagle Addition subject to the following items being addressed in conjunction with the final plat submittal: 1. Comments from City Engineer Letter dated November 4, 2020 shall be addressed. 2. Comments from the Environmental Coordinator letter dated October 28, 2020 shall be addressed. 3. All Plan Sheets a. The structures on 210 Elm Street and 7158 Second Avenue shall be labeled "Existing Garage" to avoid any setback confusion. b. The bituminous trail along Elm Street shall be labeled. 4. Sheet 2, Preliminary Plat: a. Seven (7) feet of additional road right-of-way shall be dedicated along Elm Street. b. The proposed setbacks from the house pad to the lot lines (front, rear and side) on Lot 2 shall be shown. Adopted by the Council of the City of Lino Lakes this 14th day of December, 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: Stoesz, Ruhland, Lyden, Cavegn, Rafferty The following voted against same: None c("a-)rcF 7--t~9.: afferty, Mayor ATTEST: u7iarine Bartell, C. Cler 4