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HomeMy WebLinkAbout2005-061 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 05-61 RESOLUTION APPROVING A PRELIMINARY PLAT FOR MARSHAN MEADOWS AND A VARIANCE FOR LOT 2, BLOCK 3 WHEREAS, the City has received applications for developing an area known as Marshan Meadows; and WHEREAS, the development requires approval of a preliminary plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on April 13, 2005; and WHEREAS, the proposed preliminary plat meet the requirements of the City's Growth Management, Zoning and Subdivision Ordinances; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council makes the following findings of fact regarding Lot 2, Block 3: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. f. Lots 1 and 2, Block 3, are ample size regarding area and width. Block 3 is bounded by the northern property boundary and Lake Drive. The need to create a road connection to the north and to align a road with the existing Park Court create the east and south boundaries of Block 3. Shoreland lot areas and setbacks prevent moving the new Stage Coach Trail east to allow Lot 2 to be larger and have a full lot depth in an east/west measurement. This is a unique situation due to these factors, and granting a lot depth variance for Lot 2, Block 3 is in keeping with the spirit and intent of the ordinance NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Marshan Meadows with conditions. • • BE IT FURTHER RESOLVED that a variance for the lot depth of Lot 2, Block 3 is hereby approved to allow the lot as shown on the preliminary plat. BE IT FURTHER RESOLVED that the following conditions of approval apply: 1. The existing well must be properly capped and the existing septic system must be properly abandoned per all applicable requirements. 2. The new plan revised April 2005 must receive a permit from RCWD prior to city council approval of a final plat. 3. Park dedication shall be cash in the amount of $41,500 (20 lots @ $2075) less the cost of constructing sidewalks. 4. Issues discussed in the April 22, 2005 TKDA memo must be addressed to the satisfaction of the City Engineer. The grading plan revised to include Lots 13 and 14 must meet City requirements as determined by the City Engineer. 5. The Stage Coach Trail and the water line shall be constructed to the south property line as shown in the April 4, 2005 plans. 6. Lot line easements shall be shown on the final plat. 7. Right of entry along Lake Drive shall be dedicated to Anoka County on the final plat. 8. Anoka County permit requirements shall be met for the new road access to Lake Drive, including any required improvements to Lake Drive. 9. A conservation easement shall be granted over the drainage and utility easement along the wetlands bordering the lake. Easement restrictions shall be defined prior to city council approval of the final plat. 10. The entry monument sign roust comply with the sign ordinance. The developer must submit information regarding ownership and maintenance responsibilities for the monument sign. This must be provided prior to city council review of the final plat. 11. The developer shall ensure that tree species near ponds are viable in those locations. 12. Concrete sidewalks shall be constructed by the developer within the street rights of way along the east side of Stage Coach Trail and the north side of Park Court. 13. Special Blanding's Turtle signage and other measures recomrnended by the DNR shall be observed by the developer during construction. - 10 6 - Resolution 05 -61, page 2 • • • 14. The project shall not be final platted until 2006, in accordance with the City's growth management policy. 15. This review is based on the following plans and information: Preliminary Plat, 4/4/05 Preliminary Utilities Plan, 4/4/05 Preliminary Grading Plan, 4/4/05 Preliminary Tree and Landscaping Plan, 4/4/05 Future Development Plan, 4/4/05 Certificate of Survey, 12/10/04, received 12/13/04 Adopted by the Lino Lakes City Council this day of ATTEST: -107- ,2005 Resolution 05 -61, page 3 • • so AGENDA ITEM 6 D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 9, 2005 TOPIC: Resolution 05 -61: Preliminary Plat Marshan Meadows Bruggeman Homes VOTE: 3/5 BACKGROUND Bruggeman Homes has requested approval of the a preliminary plat for a residential development called Marshan Meadows. The site is just north of the Gethsem.ene Church, between Lake Drive and Marshan Lake. The proposal includes the creation of 20 single family lots. The proposal is consistent with the comprehensive plan and the zoning for the site. Design of this site is complicated by the location of an existing road, location of an existing road easement, and the shoreland requirements for larger lot sizes and a large setback along the lake. These factors resulted in the need for a variance for the dimension of one lot. ANALYSIS Comprehensive Plan, Land Use and Zoning The comprehensive plan put the site within a Stage 1 (pre -2010) growth area, within the existing MUSA, and guides it for Low Density Sewered Residential development. This allows for three units per acre. number of units 20 gross area 11.41 acres upland (net) area 10.53 acres gross density 1.75 units /acre net density 1.90 units /acre • Marshan Meadows page 2 The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site residential Low Density Sewered Residential R -2 North residential Low Density Unsewered Resid. R -1 South church and residence Public /Semi - Public and Low Density Sewered Residential R -3 and R -1 East Marshan Lake Marshan Lake West industrial park Industrial Light Industrial The site is guided for Low Density (up to 3 units /acre) but zoned R -2, which is a medium density zone. This should have been corrected previously by amending either the zoning or the comprehensive plan. The application is for single family development, which is consistent with the comprehensive plan density. Single family homes are a permitted use in the R -2 zone. Therefore, the project complies with both the comp plan and the zoning. (Incidentally, the preliminary plat incorrectly lists the zoning as R -1.) Note that on property to the north and south, the zoning is not consistent with the comprehensive plan. This is something that should be corrected, but is not an issue for this project. Growth Management, MUSA Reserve and Units/Year: The site is within the existing MUSA, so there is no need to use MUSA reserve acres. The attached table at the end of this report shows the status of the staging plans for new residential units according to the growth management policy. No additional residential »nits can be final platted this year unless they are part of a conservation development. The 20 new units in Marshan Meadows could receive preliminary plat approval this year but must wait to be final platted in 2006. Preliminary Plat Streets and Driveways: The City holds a road easement on property south of the site. The road easement is a continuation of Stage Coach Trail. This easement was a condition of the subdivision in 1997 that created a separate lot for the parsonage for Gethsemene Church, which owns that land. The road was not constructed, but is to be constructed when the property develops. The Marshan Meadows plat includes the extension of Stage Coach Trail to the north and a connection to Lake Drive. These are important pieces of a neighborhood transportation system for the area. The plat also includes a short cul de sac street to serve eight interior lots. Submitted plans include a future development plan showing ghost plats for land to the north and south. The street as extended would allow for future development, though there may be some limitations on house sizes on individual lots. • Marshan Meadows page3 It is possible that Bruggeman Homes may be able to acquire the property to the south. This would facilitate developing that site and coordinating its design with this plat. All that may include realigning the road near where the properties meet. This can be accommodated with a new preliminary plat in the future that would alter the southern lots along the road. For now, however, the road is designed to align with the existing road easement on the south. An additional 20 ft. of right of way is being dedicated to Anoka County for Lake Drive. This will result in 60 ft. from centerline and a full 120 ft. right of way in this location. The additional right of way includes two triangles at the road intersection to accommodate future traffic signals. A right of entry will be dedicated to Anoka County to prevent direct access to Lake Drive from any of the new lots. The existing road system can accommodate the additional traffic generated by 20 new homes though there may need to be some improvement to Lake Drive. The existing situation includes a southbound right turn lane into Park Court, a southbound through lane, a northbound through lane, and a northbound bypass lane. In the northbound direction, the bypass lane allows vehicles to bypass vehicles turning left into the new business park. Improvements for Marshan Meadows likely will include a new right turn lane for northbound traffic. It also could include an extension of the existing bypass lane, making it a de facto through lane. The striping and new construction will have to be worked out. Anoka County will need to determine this. Lots: Under R -2 standards, the minimum single family lot area is 10,800 sf of upland. This site is within a shoreland overlay. Lots along the lake must be 20,000 sf, All lots meet the area requirements. The shoreland overlay requires a 150 ft. setback from the ordinary high water level. The plan meets this requirement. The miniunum lot width for single family lots in an R -2 zone is 80 feet, with 100 feet for a corner lot. The minimum lot depth is 135 feet, with 145 for double - frontage lots. All lots meet these requirements except for one, a variance for which is discussed below. Lot 1, Block 1 and Lots 13 and 14, Block 2 may change in the future if Bruggeman acquires the land to the south. This could be accomplished with a new preliminary plat at that time. Variance: Lot 2, Block 3 is under the minimum lot depth. Block 3 is defined on the north by the property boundary and on the south by the need to align the new road with the existing Park Court on the west side of Lake Drive. In addition, the minimum lot areas for lots abutting the lake prevents the new extension of Stage Coach Trail from moving farther east. At 13,492 sf, Lot 2 is 2692 sf (25 %) over the minimum lot area of 10,800 sf. It also exceeds the minimum lot width of 100 ft. The combination of these physical factors justify a lot depth variance for Lot 2, Block 3. The appropriate findings and the variance approval are included in Resolution 05 -61. Park Dedication: The subdivision ordinance includes park dedication requirements. Park dedication is $2075 per residential unit, less any land dedication. There is no land dedication needed. The developer has agreed to construct a concrete sidewalk within the street right of way along the east side of Stagecoach Trail and the north side of Park Court. The cost will be • • • Marshan Meadows page4 credited to the park dedication, as is the typical City policy. The park dedication will be $2075 x 20 new home lots = $41,500 less the cost of the sidewalks. Utilities: Water and sanitary sewer are available in Lake Drive. The water main must be constructed to the southern property boundary to allow for a future loop to the existing Shores of Marshan Lake neighborhood. The final piece of this loop will be created when the property between Marshan Meadows and Shores of Marshan develops. The existing home will be removed. The existing well must be properly capped and the existing septic system must be properly abandoned. The church on the south of the site has a septic system and well. The stormwater pond for the Marshan Meadows project must be 50 feet from these. Plans submitted in 1991 for the church's septic system show the system's drainfield approximately 90 feet from the property line. A 2002 plan shows the well 80 feet from the property line. Grading and Stormvvater Management: The plan includes two ponds which ultimately discharge to the wetlands along Marshan Lake. The Rice Creek Watershed District issued a conditional approval on January 26, 2005. However, the review was of an earlier version with six lots along the lake. The reduction of two lots on the lake and addition of a lot elsewhere likely will not significantly differ from that plan from a water quality perspective. The new plan must receive a permit from RCWD prior to city council approval of the final plat. As noted above, the site is within a shoreland overlay. No disturbance will occur within the shoreland protection area, which is one -half of the 150' setback from the OHWL. Conservation Easement: Several rare species may exist in the area: Forsters' ter, a water nesting bird, and Blanding' s turtle. The developer will provide a conservation easement as well as the normally required drainage and utility easement. Both easements will cover the same area ten feet beyond the wetland edge —but the conservation easement will include additional restrictions such as no mowing or dumping of clippings. There also will be a special packet of educational information supplied to homeowners and monuments at the property borders of all lake lots. Monument Sign: The tree and landscaping, plan shows an "entry identification sign ", which would be located on Lot 1, Block 3. The sign ordinance allows such a sign (area identification sign) to be not more than 24 sf and no higher than six feet. The area applies to the actual sign portion only, but the entire structure cannot exceed six feet in height. The developer must submit information regarding ownership and maintenance responsibilities for the monument sign. At the very latest, this must be provided for city council review of the final plat. • • • Marshan Meadows page 5 ENVIRONMENTAL BOARD The Environmental Board reviewed the project on January 26. The developer is responding to the Board's recommendations in numerous ways. Bruggeman has produced a brochure of environmental protection guidelines for homeowners. A conservation easement will be granted to the City to protect the wetlands along the lake. There will be native wetland plantings in and around stormwater ponds. Special attention to the possible presence of Blanding's Turtles will be followed during construction, as recommended by the MN Dept. of Natural Resources. Tree species will be re- examined for viability near ponds. PLANNING & ZONING BOARD The P & Z reviewed the project at the April 13 meeting. The Board recommended that a trail or sidewalk be included outside of the roadway. This has been incorporated into the conditions. The Board recommended approval with conditions, which are incorporated into the resolution. OPTIONS. 1. Approve the project by approving Resolution 05 -61 (The resolution includes approval of the lot depth variance for Lot 2, Block 3 and the preliminary plat.) 2. Return to staff with direction. RECOMMENDATION Option 1 • LOTS /UNITS Development Name approved prelim. plats Stoneybrook 2nd Addn Prelim Plat 103 Century Farms North Keefe: prel plat, not final plat Morton (minor subdiv) Ravens Hollow 0 249 1 Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 2008 2009 51 2003 -09 total max. 1029 52 56 65 1 52 43 33 0 52 249 0 56 Haley Manor (10 new lots) Crystal Cove Millers Crossroads 10 Lakeview Estates (2 new) Snell (minor subdivision) Pheasant Hills Pres. 13th Justin's Preserve Marshan Estates Rice Creek Church duplex Rice Church: Oakwood View Junes Addn 3 152 2 0 1 1 4 Highland Meadows East 2nd Marshan Townhomes grid Pheasant Hills 12th island 2 10 2 18 1 0 10 0 56 0 1 1 56 3 22 2 1 1 0 47 10 3 51 32 152 1 1 1 4 1 2 10 2 18 23 4 2 10 2 18 23 West Shadow Ponds 2nd Add Vaughan Addition Angie's Acres (1 new) 8 1 8 1 5 1 5 8 1 5 Marshan Lakeview (2 new) proposed 2 1 2 1 Marshan Meadows total 20 20 51 148 remaining of annual 147 remaining of 1029 for pre -2010 exceeds target of 147 by percent 176 171 97 33 -1 -29 -24 50 114 147 147 1 29 24 0.7% 19.7% 16.3% 20 625 404 •