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HomeMy WebLinkAbout2016-078 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 16-78 APPROVING A VARIANCE AND PRELIMINARY PLAT FOR ST. CLAIR ESTATES WHEREAS,the City received a land use application for a variance and preliminary plat for St. Clair Estates hereafter referred to as "Development"; and WHEREAS, City staff completed a review of the "Development" based on the following: • Revised civil plans prepared by Plowe Engineering dated June 27, 2016 and received by the City on June 24, 2016 • Revised preliminary plat plans prepared by EG Rud & Sons dated June 24, 2016 and received by the City on June 24, 2016 • Revised Stormwater Drainage Report prepared by Plowe Engineering, Inc. dated June 24, 2016 • Report of Geotechnical Exploration prepared by ITCO Allied Engineering Company dated March 7, 2016 • Revised Traffic Study prepared by SRF Consulting Group, Inc. dated June 23, 2016 • Wetland Delineation prepared by Jacobson Environmental, PLLC dated April 18, 2016; and WHEREAS,a public hearing was held before the Planning& Zoning Board on June 8, 2016 • and continued to July 13, 2016 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 Variance Section 302.03(1)(h) states the maximum length of a cul-de-sac shall be 500 feet. The proposed cul-de-sac in St. Clair Estates exceeds 500 feet and a variance shall be required. Per Section 1007.018(1)(a) Criteria and Findings of Fact. No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance is in harmony with the general purposes and intent of the ordinance. Per Section 302.01, it is the purpose of the standards (Street Construction Standards) to encourage well planned and efficient streets by establishing standards for design and construction. 411 Cul-de-sacs lengths are limited in length for emergency access concerns. This issue is being mitigated by requiring the construction of a 10 foot wide, 7 ton emergency access from the cul- de-sac south to CSAH 34 (Birch Street). Emergency access can be obtained from the south via Birch Street in the event the north intersection at Sioux Lane is blocked. Hydrants will also be located every 300 feet for fire protection. The cul de sac length and mitigating emergency access trail have been reviewed and approved by the Lino Lakes Public Safety Department, City Engineer, City staff and City Council. 2. The variance shall be consistent with the comprehensive plan. The variance 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 June 8, 2016 and July 13, 2016 Planning&Zoning staff reports and August 22, 2016 Council staff report. The subject site is guided for low density residential development and the proposed residential development is consistent in regards to land use and density. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in connecting Enid Trail to CSAH 34 (Birch Street)due to Anoka • County Highway Department Access Spacing Guidelines and the 2011 CSAH 34 Corridor Study. Other practical difficulties include existing structures, wetlands, stormwater ponds and open ditch. The subject property also has limited right-of-way abutting CSAH 34. The property owner proposes to use the property in a reasonable manner. The subject site is guided for low density residential development and the proposed residential development is consistent in regards to land use and density. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The developer is proposing to purchase and develop an existing lot of record platted in 2004. 5. The variance shall not alter the essential character of the locality. The variance does not alter the essential character of the locality. The adjacent properties are residential subdivisions,Anoka County Regional Park and Rice Lake Elementary School. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. 2 The variance is not being granted for a use that is not allowed under the zoning ordinance. • Single family detached homes are allowed as Permitted Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. Preliminary Plat Per 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; 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. St. Clair Estates 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 June 8, 2016 and July 13, 2016 Planning&Zoning staff reports and August 22, 2016 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 3 4. The developer payments will offset additional costs of utility installation or future • operation and maintenance. St. Clair Estates is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. One hundred percent of the street and utility costs are privately financed by the developer. 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; 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. St. Clair Estates meets the requirements for level of service (LOS). A traffic study prepared by SRF Consulting Group, Inc. dated June 23, 2016 provides a level of service (LOS) analysis. The proposed levels of service are not degraded; therefore the subdivision is not considered premature. The existing roads and intersections providing access to the development have structural capacity to accommodate the projected traffic from the proposed subdivision. No street improvements are proposed that are inconsistent with the City's capital improvement plan. • The city does not relinquish any rights of local determination. 4 (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. St. Clair Estates will have an adequate water supply. The site will be served by a 6" and 8" watermain through the development. The watermain utility extension will loop and connect with an existing 16"watermain in Birch Street and 8"watermain on Sioux Lane to provide adequate water pressure for personal use and fire protection. The City's water system has capacity to accommodate the 35 lot single family residential subdivision. (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 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. St. Clair Estates will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015. The sanitary sewer system has capacity to accommodate the 35 lot single family residential subdivision. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that St. Clair Estates shall be developed in accordance with the following: PUBLIC LAND DEDICATION The City will require cash in lieu of land dedication. St, Clair Estates 35 lots x $2,500 = $87,500 BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby S approves the variance and preliminary plat for St. Clair Estates subject to the following conditions: 5 1. from WSB Plan Review d 7, 2016shall be 2. CommentsComments from Environmental Coordinator letter ated datedJuly June 29sha, 2016add shall beressed. addressed. 3. A FEMA Letter of Map Revision shall be required prior to release of financial securities. 4. On all plan sheets,the south cul de sac on Enid Trail shall be re-located to the east to provide opportunity for future extension to Birch Street. 5. Ll, Landscape Plan: a. The notes indicate 15 replacement trees and 66 proposed. This contradicts the Tree Preservation Plan and shall be revised accordingly. 6. Sheet S3: Overall Preliminary Plat a. It shall be noted"Lots 7-10, Block 1 have limited ability to construct accessory structures, decks or additions due to 150 feet setback requirement from OHWL." Data, Proposed Outlots shall be changed from 6 to 3. b. Under Development g PP 7. Sheet S4: Preliminary Plat a. The note for Lot 23 shall include"accessory" structures as well as decks and patios. 8. The developer shall explore the possibility of relocating the existing driveways at 441 and 453 Birch Street onto the cul-de-sac. 9. Detailed plans of the driveway re-location at 6640 Hokah Drive shall be shown on the plans. 10. The proposed Trail and Access Easement to Birch Street shall be a minimum of 40 feet wide. a. The easement appears to be 30 feet in some locations and this shall be revised. . b. The easement shall also allow for drainage and utilities. 11. A minimum 10 feet of separation shall be required between the proposed trail and the existing driveway at 441 Birch Street. a. The trail appears to be less than 10 feet from the existing driveway in some locations. This shall be revised. 12. The existing trail along the north side of Birch Street shall be shown on the preliminary plat. 13. Details regarding the temporary access to Birch Street for construction traffic shall be provided on the plans and a timeframe for use shall be included. 14. Upon final plat,the applicant shall submit HOA documents detailing the maintenance plan for the infiltration basin in the boulevard loop. Adopted by the Council of the City of Lino Lakes this 22nd day of August, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon,the following voted in favor thereof: Kusterman, Manthey, Reinert The following voted against same: Maher, Rafferty 6 eff Rein ayor ATTEST: Bartell, City C erk • • 7 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 22, 2016 TOPIC: St. Clair Estates i. Consider Resolution No. 16-78 Approving Variance and Preliminary Plat VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: May 10, 2016 60-Day Review Deadline: July 9, 2016 60-Day Extension Deadline: September 7, 2016 Environmental Board Meeting: June 29, 2016 • Park Board Meeting: June 6, 2016 Planning&Zoning Board Meeting: June 8, 2016 &July 13, 2016 Tentative City Council Work Session: August 1, 2016 Tentative City Council Meeting: August 22, 2016 Jamie Jensen, St. Clair Land Company, submitted a land use application for a variance and preliminary plat on May 10, 2016. The proposed development is a 35 lot single family residential subdivision located north of CSAH 34 (Birch Street) and east of Hokah Drive. The development contains one 30.47 gross acre parcel and is called St. Clair Estates. The Land Use Applications are: • Variance o Proposed cul-de-sac length exceeds design standards • Preliminary Plat BACKGROUND The attached Planning& Zoning staff reports dated June 8, 2016 and July 13, 2016 detail the project. The City Council discussed the project at the August 1, 2016 Work Session and postponed the item to the August 22, 2016 Council meeting requesting more information from • Anoka County. Comprehensive Plan St. Clair Estates is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing,transportation and utilities. The property is guided per the Comprehensive Plan for low density residential development and allows for 1.6 to 3.9 units per net acre. The net density for St. Clair Estates is 2.42 units per net acre. This is consistent with density requirements. Zoning The property is zoned R-1, Single Family Residential. The development is compliant with zoning, subdivision and other applicable city ordinances. It is also compatible with the existing adjacent residential, commercial and civic/institutional land uses. The proposed trails and sidewalk link the development to existing trails,the Regional Park, Rice Lake Elementary School and Sprit Hills Center commercial development. Traffic Several residents spoke at the public hearings in regards to increased traffic on Sioux Lane and Hokah Drive and the development's lack of access to Birch Street. 1. A Traffic Study was prepared by SRF Consulting Group, Inc. on June 23, 2016. • Average Daily Traffic (ADT) Estimate `AliT Road Current ADT (2019„ Huild Increase DT . Hokah Drive 270 455 +185 Sioux Lane 520 670 +150 St. Clair Estates is expected to generate 334 daily trips. Per the City's Transportation Plan, typical average daily traffic on local streets is less than 1,000. The development of St. Clair Estates does not cause traffic on Hokah Drive or Sioux Lane to exceed 1,000 ADT. Access to Birch Street is not warranted. Peak Hour Level of Service (LOS) Existing Peak Hour LOS Proposed Peak Hour LOS `y Ir,tc stiwt cs.s .'NI.Peak P.'\L Peak A. 1, Peak Birch Street and Hodgson Drive B D C D Birch Street and Ware Road A B A B • Birch Street and Hokah Drive A/C A/C A/C A/C 2 • Ware Road and Sioux Lane A/A A/A A/A A/A Ware Road and Hodgson Road A/B A/B A/B A/C Hokah Drive and Sioux Lane A/A A/A A/A A/A Notes: a. A.M. Peak Hour is 7am to 8am and PM Peak Hour is 5pm to 6pm b. Overall LOS/Worst Side Street LOS Capacity analysis results identify a Level of Service which indicates the quality of traffic flow through an intersection. The LOS results are based on average delay per vehicle. The development of St. Clair Estates does not degrade the Level of Service by more than one (1)LOS. 2. Site constraints such as wetlands and the fact the subject parcel only abuts CSAH 34 with 80 feet of right of way that is over an open stormwater ditch also makes access to Birch Street environmentally and financially prohibitive. 3. Hokah Drive and Sioux Lane have structural capacity to handle an additional 334 trips per day. Spirit Hills, Shenandoah 3`d Addition and St. Clair Estates function as a 134 lot residential subdivision with 2 access intersections at Sioux Lane/Ware Road and Hokah Drive/Birch Street. The entire area also benefits from a signalized intersection at Ware Road and Birch Street. • 4. The 2011 CSAH 34 Corridor Study recommends right in/right out at Hokah Drive as part of a larger Anoka County Highway Department initiated Birch Street improvement project. The traffic study analyzed this potential scenario and projected 175 ADT on Hokah Drive and 950 ADT on Sioux Lane. Projected traffic counts do not cause traffic on Hokah Drive or Sioux Lane to exceed 1,000 ADT. Per the 2011 CSAH 34 Corridor Study and Anoka County Access Spacing Guidelines, access to Birch Street is not required for the development of St. Clair Estates. 5. Doug Fischer,Anoka County Engineer,provided comments in the attached letter dated August 15, 2016. St. Clair Estates (with no access to Birch Street) is consistent with the CSAH 34 Corridor Study.ACHD is currently evaluating a safety improvement project from Ware Road to West Shadow Lake Drive as part of their 5 year Capital Improvements Plan. This evaluation will include a possible connection of Enid Trail (St. Clair Estates)to Birch Street. In order to preserve the opportunity to make this connection,the cul de sac bulb at the south end of Enid Trail shall be re-located to the east. Access to Birch Street is not required for the development of St. Clair Estates.Any potential access would be part of a much larger Anoka County Highway Department safety improvement project. • 3 6. Chuck Rickart, WSB Traffic Engineer,provided comments in the attached letter dated 40 August 15, 2016. WSB analyzed projected traffic volumes if Hokah Drive became right in/right out and Enid Trail were extended to a 3/4 access at Birch Street as part of a larger Anoka County road improvement project. Projected ADT Projected ADT ` Road (RI/R€I-Hokah (RI/RG-Hokah Drive ? x I?rive Only) & 3/.,at Lod Trail Hokah Drive 175 110 Sioux Lane 950 830 Enid Trail 0 185 The extension of Enid Trail to Birch Street will not significantly change the traffic levels on any of the area streets.Anoka County would need to evaluate whether the benefit to Birch Street would warrant the changes. 7. Section 1001.013 of the Subdivision Ordinance details 5 specific criteria needed to deem a subdivision premature. The attached Resolution No. 16-78 details the finding of fact. Based on ordinance criteria, St. Clair Estates is not a premature subdivision. Cul de Sac Length • Section 302.03(1)(h) states the minimum length of a cul-de-sac shall be 500 feet. The proposed cul-de-sac in St. Clair Estates is approximately 1,200 feet if measured from the intersection of Sioux Lane and Enid Trail or 1,600 feet if measured from the intersection of Sioux Lane and Hokah Drive. A variance shall be required. 1. Cul-de-sacs lengths are limited in length for emergency access concerns for those residents living on that street. This issue is being mitigated by requiring the construction of a 10 foot wide, 7 ton emergency access from the cul-de-sac south to CSAH 34 (Birch Street). Emergency access can be obtained from the south via Birch Street in the event the north intersection at Sioux Lane is blocked. Hydrants will also be located every 300 feet for fire protection. The length of the cul de sac in St. Clair Estates has no impact on the neighboring residents in regards to providing them emergency services. 2. St. Clair Estates is a 35 lot low density residential development. Sioux Lane functioned as a 1,500 foot cul de sac from 2001 to 2012 (11 years) and Hokah Drive functioned as a as 2,000 foot cul de sac from 1979 to 2012 (33 years)without an emergency access trail and without issue. Sioux Lookout is an existing 740 foot cul de sac. West Shadow Lake Road is an existing 7,800+foot cul de sac with trail access on the north through Chomonix Golf Course. Black Duck Drive is an existing 5,500+ foot cul de sac. • 4 The Lino Lakes Public Safety Department, City Engineer and staff have reviewed and • approved the emergency access trail and have no concerns regarding the length of cul de sac in St. Clair Estates. 3. Section 1007.018(1)(a)of the Zoning Ordinance details 7 specific criteria needed to grant a variance. The attached Resolution No. 16-78 details the finding of fact. St. Clair Estates is in compliance with the variance criteria. RECOMMENDATION The Planning&Zoning Board opened the public hearing on June 8, 2016 and continued it to July 13, 2016. The Board voted 4-2 in favor of the variance and preliminary plat with the condition the cul de sac bulb at the south end of Enid Trail is re-located to the east. RCWD issued a Conditional Approval Pending Receipt of Changes (CAPROC) for Permit#16- 024. The Board and staff recommend approval of the variance and preliminary plat for St. Clair Estates with the conditions listed in Resolution No. 16-78. ATTACHMENTS 1. Planning& Zoning Board staff report dated June 8, 2016 • 2. Planning& Zoning Board staff report dated July 13, 2016 3. Anoka County Engineer letter dated August 15, 2016 4. WSB Traffic Engineer letter dated August 15, 2016 5. Resolution No. 16-78 • 5