HomeMy WebLinkAbout2021-114 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 21-114
APPROVING PRELIMINARY PLAT FOR LAKE AMELIA WOODS
WHEREAS,the City received a land use application for preliminary plat for Lake Amelia
Woods hereafter referred to as "Development"; and
WHEREAS, City staff completed a review of the Development based on the following:
• Preliminary Plat Plan Set prepared by Acre Land Surveying revision date 9/22/2021
• Preliminary Plans for Grading prepared by Civil Methods, Inc. revision date 9/22/2021
• Wetland Delineation Report prepared by Midwest Natural Resources dated 10/12/2016
• Tree Preservation Plan prepared by Midwest Natural Resources dated 6/08/2020
• Resource Inventory prepared by Midwest Natural Resources dated 6/08/2020
• Geotechnical Exploration Report prepared by Independent Testing Technologies, Inc.
dated 10/12/2016
• Stormwater Management Plan prepared by Civil Methods Inc. dated 6/18/2020; and
WHEREAS, a public hearing was held before the Planning& Zoning Board on September 8,
2021 and continued to October 13, 2021. The Board recommended approval of the Development
with a 5-0 vote.
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 maybe 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.
Lake Amelia Woods is consistent with the goals and policies of the comprehensive plan in
regards to resource management, land use, housing, transportation, sanitary waste disposal and
water supply as detailed in the November 8, 2021 staff report. The development is also
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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.
Lake Amelia Woods is a four (4) lot rural subdivision with private wells and septic systems. Per
the 2040 Comprehensive Plan, the subject site is guided urban reserve and the land is preserved
for post-2040 development. Land use prior to 2040 is limited to agricultural related uses and
single family residential limited to I unit per 10 acres. The proposed development of I unit per
10 acres is consistent with the comprehensive plan's infill policies.
(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;
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7. The LOS requirements in divisions (2)(c)l. to 4. above do not apply to the I-35W/Lake
Drive or 1-35E/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.
Lake Amelia Woods meets the requirements for level of service (LOS). All four (4) lots are
served by CSAH 54/20`h Avenue which is an A-Minor Reliever. Street right-of-way 60 ft wide is
required and provided on the preliminary plat. The A-Minor Reliever road has capacity for 4
additional lots. 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.
Lake Amelia Woods shall be served by an adequate water supply. Each lot will be served by a
private well. The applicant has demonstrated that each lot can accommodate a well and potable
water supply.
(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.
Lake Amelia Woods is served with an adequate waste disposal system. Each lot will be served
by a private septic system.
BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby
establishes that Lake Amelia Woods is not a premature subdivision; and
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BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
establishes the following conditions related to the Lake Amelia Woods development:
l. The lots will have limited ability to construct accessory structures, decks and additions
due to OHWL setbacks, floodplain, wetland buffers and topography.
2. A private ingress/egress easement with exhibit related to the private driveway for 6351
201h Avenue shall be recorded.
3. A trail easement with exhibit 44ft wide along the south lot line of 6351 201h Avenue and
20ft wide along CSAH 54 shall be recorded.
4. Stormwater basins are required to minimize stormwater and pollutants from entering
public waters.
5. A Wetland Buffer Declaration shall be recorded against each lot. Vegetated wetland
buffers shall be managed and maintained in accordance with the declaration.
6. A minimum 75 foot wide vegetated wetland buffer along Wetland A (lake) equivalent to
the shore impact zone area shall be required as a stormwater management best
management practice (BMP)to minimize runoff pollutants from entering the lake.
a. One (1) access opening to the lake no greater than 20 feet wide is allowed on each
lot.
b. Minimal impacts to the water willow, an identified rare, unique and significant
resource along the lake shore, are allowed for the 20ft wide access.
c. No structures are allowed in the wetland buffer such as water-orientated accessory
structures, boat houses, paver patios, sheds, etc.
7. All driveways shall be paved within the street right-of-way of CSAH 54/201h Avenue.
8. A licensed septic designer shall locate a primary and alternate site for private septic
systems on each lot with consideration of wetland buffers, soil types and limitations,
topography and shoreland district. This information shall be provided with each single
family home building permit application.
9. No structures, stormwater facilities and private septic systems shall be located within the
150ft OHWL setback, 40ft CSAH 54 setback or 1Oft side yard building setbacks.
10.No structures and septic systems shall be located in the wetland buffers.
11. The City's review and comments on the ghost plat do not grant any rights to develop the
property as depicted on the ghost plat.
BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
approves the preliminary plat for Lake Amelia Woods Addition subject to the following items
being addressed in conjunction with the final plat submittal:
1. Comments from City Engineer Letter dated October 6, 2021 shall be addressed.
2. Comments from the Environmental Coordinator letter dated October 1, 2021 shall be
addressed.
3. Per MNDNR October 6, 2021 email,the OHWL elevation (NAVD 88) shown on the
preliminary plat shall be revised to reflect the DNR's official complete value which is
908.36.
4. The applicant shall prepare a draft Private Ingress/Egress Easement document and exhibit
clearly showing the location of the driveway easement related to 6351 20th Avenue for
City review and approval.
a. Only the exhibit has been submitted. The actual draft easement document shall
also be submitted.
5. Trail Easement:
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a. The City shall draft a trail easement document.
b. The applicant shall draft a trail easement exhibit clearly showing a 44 ft wide
easement along the south lot line of 6351 201h Avenue and 20 ft wide easement
along CSAH 54/201h Avenue for City review and approval.
6. Wetland Buffer Declaration:
a. The City shall draft a wetland buffer declaration.
b. The applicant shall draft Attachment A-Wetland Buffer exhibit.
i. Wetland buffer widths shall be consistent with VLAWMO requirements
and the 75 ft wide buffer along Wetland A.
ii. The attachment shall show the location of the free-standing markers and
include the City's wetland buffer sign detail.
c. The applicant shall have a wetland specialist draft Attachment B-Wetland Buffer
Vegetation Management Plan.
7. The applicant shall provide documentation that the UPA Easement is in the process of
being vacated.
8. Sheet S1, Preliminary Plat:
a. The 59ft wide drainage and utility easement shown along the north lot line shall
only be as wide as needed.
i. The trail easement and drainage &utility easement are not the same type
of easement.
b. The drainage and utility easement on Lot 4 north of the wetland shall clearly tie
into the easement along CSAH 54.
c. The drainage and utility easement on the south end of Lot 4 shall be a minimum
of 20 ft wide along CSAH 54.
d. It shall be noted on the preliminary plat and future certificate of surveys, "The lots
will have limited ability to construct accessory structures, decks and additions due
to OHWL setbacks, floodplain, wetland buffers and topography.".
e. Structures, stormwater facilities and private septic systems shall not be located
within the 150 ft OHWL setback, 40 ft CSAH 54 setback or 10 ft side yard
building setbacks.
i. On Lot 1, the stormwater facility is in 40ft setback and trail corridor. This
shall be revised.
9. Sheet S4, Ghost Plat:
a. The ghost plat shall be revised to reflect a street right-of-way extending to the
north parcel PID #35-31-22-12-0001.
i. The house on Lot 1 shall meet 30 ft setback from ghost plat street right-of-
way.
ii. Include revision dates
10. Sheet TR1-TR2, Tree Preservation and Tree Mitigation Plan:
a. The stormwater/raingarden basins are not part of the basic use area. All plans and
mitigation calculations shall be revised accordingly.
11. Sheets C01-005, Site Grading:
a. Structures, stormwater facilities and private septic systems shall not be located
within the 150 ft OHWL setback, 40 ft CSAH 54 setback or 10 ft side yard
building setbacks. The plans shall be revised.
i. On Lot 1, the stormwater facility is in 40ft setback and trail easement.
This shall be revised.
b. Plan sheets shall clearly show a hard surfaced driveway approach within the road
right-of-way and no greater than 26 ft wide.
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i. This needs to be more clearly shown.The legend for Driveway,
Bituminous Road and House/Driveway Pad look the same.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Lyden and was duly seconded by Councilmember Stoesz and upon vote being taken thereon,
the following voted in favor thereof. Cavegn, Stoesz, Lyden, Rafferty
The following voted against same: None (Absent- Ruhland)
Rob afferty, Mayor
ATTEST:
", a ne Bartell, C ty Cler c
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