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HomeMy WebLinkAbout2004-002 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04-02 RESOLUTION APPROVING THE ALLOCATION OF 3.7 ACRES OF MUSA RESERVE AND A PRELIMINARY PLAT AND LOT WIDTH VARIANCE FOR JUSTIN'S PRESERVE WHEREAS, Carpenter Homes submitted an application for a preliminary plat and variance, an WHEREAS, the Lino Lakes City Council makes the following findings: Findings 1 The site includes 14 acres on the south side of Baldwin Lake on White Pine Road, its current address is 171 White Pine Rd., and its current PID is 31 31 22 24 0005. 2. The Justin's Preserve application includes dividing the property into two lots of approximately four and ten acres. 3 The existing house on the site is connected to municipal sanitary sewer and water but the property is not within the Metropolitan Urban Service Area (MUSA). 4. The adjacent property at 173 White Pine Rd., PID 31 31 22 24 0004, is approximately 0.35 acre, is connected to municipal sanitary sewer and water, but is not within the MUSA. This property is shown as an exception on the preliminary plat. 5. The City's growth management policy, described in Ordinance No. 01 -03, establishes a goal for MUSA reserve allocation for each year, with some flexibility. There are 3.7 acres of MUSA reserve remaining for year 2004. 6. The City's growth management policy, described in Ordinance No. 01 -03, establishes a goal for residential growth each year, with some flexibility. The approval of one new lot in the Justin's Preserve application would result in surpassing the 2003 goal by 1.4% or, for 2004, 15 %. Both are within the discretionary flexibility limits provided by the policy. 7. The Planning & Zoning Board held a public hearing on the application on December 10, 2003. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby allocates 3.7 acres of MUSA reserve to the Justin's Preserve site and the adjacent exception property at 173 White Pine Road. BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves the preliminary plat and a lot width variance, subject to the following conditions: 1. Lot 2 shall connect to city sanitary sewer and water. 2. Issues discussed in the City Engineer rev iew memo of December 4, 2003 must be addressed to his satisfaction. 3. Park dedication of $1,665 shall be paid. 4. The powerline easement must be confined prior to approval of the final plat by City Council. 5. Approval of the plat includes approval of a variance to allow a lot width less than 80 feet for Lot 1, as shown on the preliminary plat (69.85 ft.). 6. Approval by the Rice Creek Watershed District must be obtained prior to final plat approval by the City Council. This review is based on the following plans and information: Preliminary Plat (Existing Conditions and Preliminary Plat), November 7, 2003 Preliminary Grading, Erosion Control and Utility Plan, November 7, 2003 Adopted by the Lino Lakes City Council this day of 2004. Ber EST: Ann Ann B1 r, City Clerk son, ayor Resolution 04 -02, page 2 AGENDA ITEM 7 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 12, 2004 TOPIC: Resolution 04 -02 • Preliminary Plat • Variance for Lot Depth • Allocation of MUSA Reserve Acres Justin's Preserve, White Pine Road VOTE: 3/5 BACKGROUND Carpenter Homes has requested approval of a preliminary plat for Justin's Preserve. This project involves splitting an existing fourteen -acre parcel into two lots of four acres and ten acres. Under the current subdivision ordinance, the creation of new lots on city sanitary sewer requires a plat rather than a minor subdivision. This application highlights an unusual situation that should be corrected. The existing house on the property, 171 White Pine Rd., is connected to city sanitary sewer and water. However, it is - not within the MUSA. It should have been included in MUSA when it connected to the utilities. This also is the case with the 90' x 170' lot at 173 White Pine Rd. Neither of these properties is in the MUSA although both are connected to utilities. This should be resolved now by allocating MUSA reserve. The area being platted includes approximately four acres of upland. The smaller lot, which is not included in the plat application, is 0.35 acres. To accommodate the proposal, the following approvals are necessary: 1. Preliminary plat 2. Variance for lot width: 70' instead of 85' 3. Allocation of 3.7 acres of MUSA reserve ANALYSIS The following is a summary of the of the proposal: Gross Site Area 14.02 acres Upland Area ` 3.9 (approximation) Total Lots 2 Gross Density 0.14 units /acre Net Density 0.51 units /acre Justin's Preserve 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 Resid. R -1 North Baldwin Lake Public /Semi -Public PSP South residential Low Density Sewered Resid. R -1X East residential Low. Density Unsewered Resid. R -1 West regional park reserve Public /Semi - Public PSP Growth Management: MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA acres for residential growth for stage one (prior to year 2010). The MUSA reserve was calculated based on a specified amount of growth in specified areas. That estimate did not anticipate growth resulting from creating new lots on existing sewered property: The Growth Management policy designates 36 acres of MUSA reserve for residential development each year The residential MUSA reserve for 2003 has been allocated. There are 33 acres remaining for 2004. The table below lists the residential MUSA reserve status. The site is guided and zoned for sewered residential uses, and it is in a Stage 1 (pre -2010) area The Justin's Preserve site includes approximately 3.9 acres of upland. The upland for Lot 2 is shown on the survey: 2.36 acres. 'It is not shown for Lot 1: a quick estimate is about 1.5 acres. The lot next door is 0.35 acres, for a total of about 42 acres. The lot next door is connected to city sanitary sewer and water, as is the existing house on the Justin's Preserve site Neither is in the MUSA. Growth Management, Units/Year: The table at the end of this report shows the status of the staging plans for final platting new residential units. The limits for both 2003 and 2004 have been exceeded. However, one more lot for 2003 would exceed the 147 limit by only 2 lots, or 1.4 %. One more lot for 2004 would put the total at 22 over the target, or 15% over (it is at 14% now). The City Council has the flexibility to exceed the limit by 20% without amending the comprehensive, plan. Neither the comprehensive plan nor the growth management policy anticipated the Justin's Preserve situation. One option would be to approve the new lot for 2003 conditioned upon final platting not before 2004 for the MUSA allocation. Or, put it in completely in the 2004 column and allow the total lots to go to 15% over the annual target. Much of the upland on both Lots 1 and 2 is not usable for additional lots so 4.2 acres of MUSA is not necessary. There are 3.7 acres of MUSA available for 2004. It's an odd situation with existing homes connected to utilities but not in the MUSA. Using the 3.7 acres would clean up the situation. Justin's Preserve page 3 Another option is to deny the application because it exceeds the 147 limit. This would prevent the property owner from selling a lot until 2005. Preliminary Plat/Development Stage Plan Lots: The new lot, Lot 2, will be 3.86 acres, with 2.36 acres of upland. Lot 1, with the existing house, will be 10.16 acres, with approximately 1.5 acres of upland. These meet the minimum lot area Variance: Lot 1 has only 69.95 feet of road frontage at the setback line. (Lot width is measured at the setback line.) Lot 2 has about 140' of width at the setback line. The odd configuration of the existing lot frontage at the corner of a road creates an unusual situation. Moving the proposed lot line to the east may create problems fitting a driveway between the new lot line and the existing wetland. Shoreland: Baldwin Lake is a "recreational development" lake under the shoreland overlay ordinance. Minimum lot size is 20,000 sf with an 80' lot width. The proposed lots are large enough, though the lot width variance would be needed for Lot 1. Structures on sewered lots must be set back 75' from the ordinary high water level of 883.1. The proposed house pad meets this requirement. Streets, Access: No new streets are needed. An existing driveway would be moved to remain completely on Lot 1. A new driveway will be needed for Lot 2. The driveways must be five feet from a property line. Parks: The subdivision ordinance includes park dedication requirements. Park dedication is $1665 per residential unit, less any land dedication. There is no land dedication needed, so the park dedication will be $1665. Anoka County owns property that abuts the road on the west side of Rohavic Oaks 2 °d Addition. The Anoka County trail map shows a future trail connecting to White Pine Road west of the site of the proposed plat. The proposed new house lot will not affect that future trail Utilities: The existing house is connected to city water and sanitary sewer. The new house will connect as well Grading and Stormwater Management: Wetlands cover the northern portion of the site. Drainage and utility easements will cover the wetlands. Easements also will be platted along all the property lines that do not run into wetlands. A Rice Creek Watershed District approval will be needed: Justin's Preserve page 4 Power Line Easement: There is an existing power line running along the southern edge of the property. There is a blanket easement over the entire property. The applicant is working on confining that easement. This will need resolution for final platting. ENVIRONMENTAL BOARD The Environmental Board did not review the project. PLANNING & ZONING BOARD The P & Z held a public hearing on the application on December 10 and recommended approval with the conditions listed below and in the resolution. CONDITIONS OF APPROVAL Approval of the project should include the following conditions: 1. Lot 2 shall connect to city sanitary sewer and water. 2. The final plat shall not be approved prior to 2004, when 3.7 acres of MUSA reserve is available. 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. Park dedication of $1,665 shall be paid. 5. The powerline easement must be confined prior to approval of the final plat by City Council. 6. Approval of the plat includes approval of a variance to allow a lot width less than 80 feet for Lot 1, as shown on the preliminary plat. 7. Approval by the Rice Creek Watershed District must be obtained prior to final plat approval by the City Council. OPTIONS. Approve Resolution 04 -02, which approves the following: a. Allocation of 33 acres of 2004 MUSA reserve b. Variance for lot width on Lot 1 c:. preliminary plat Justin's Preserve page 5 2. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: Preliminary Plat (Existing Conditions and Preliminary Plat, November 7, 2003 Preliminary Grading, Erosion Control and Utility Plan, November 7, 2003 • Justin's Preserve page 6 RESIDENTIAL MUSA ALLOCATION 2003 2004 2005 2006 2007 2008 2009 TOTAL annual target 36.0 36.0 36.0 36.0 36.0 36.0 36.0 252.0 Stoneybrook 27.7 Century Farms North 15.3 11.4 13.5 5.4 9.4 Ravens Hollow 20.9 total remaining 27.7 55.0 43.01 32.31 13.51 5.41 9.41 0.01 0.0 -7.0 3.7 22.5 30.6 26.6 36.0 36.0 103.6 148.4 exceeds target by LOTS/UNITS 19% Development Name Prelim Plat Phasing plans by year (lots /units to be final platted) 2007 2008 2009 year end 2002 2003 2004 ' 2005 2006 2003 -09 TOTAL approved prelim. plats 103 51 52 Stoneybrook 2nd Addn 52 Century Farm North 249 56 65 52 43 33 249 Ravens Hollow 56 56 56 minor subdivision lots 2 2 Haley Manor (10 new 10 10 10 Crystal Cove (proposE 3 3 3 Bruggeman 152 22 47 51 32 152 Lakeview Estates (2 r 2 2 2 Pheasant Hills Pres. ' 1 1 proposed: Justin's Preserve 1 7 1 total 51 149 169 103 75 33 0 0 529 remaining of 147 exceeds target of 147 by percent -22 2 22 1.4% 15% 72 114 147 147 CIT LAN L KE OF Memorandum DATE: December 4, 2003 TO Jeff Smyser FROM James E. Studenski, City Engineer RE: Justin's Preserve Attached is the TKDA review dated December 4, 2003, of the submitted documents for the Justin Preserve site The project is in general conformance with Lino Lakes requirements. The following comments must be addressed prior to final approval given for this project. Please contact me with any questions. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651 - 982 -2400 • Fax: 651 - 982 -2499 • TDD: 651- 982 - 2410 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Janes Studenski, City Engineer Reference: Justin's Preserve Copies To: From: Scott A. Brink, P.E. Date: December 4, 2003 1500 Piper Jaftray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 fax www.tkda.com City of Lino Lakes, Minnesota Comm. No. 12701 -002 Routing: The City of Lino Lakes has received an application for a Preliminary Plat, labeled as Justin's Preserve. The proposed plat essentially splits an existing 14.15 acre parcel of property into two residential lots of 2.23 acres and 11.79 acres respectively. It is proposed that an existing single family home will remain on the larger parcel, and that a new single family home will be constructed on the smaller lot. The property is located along the south side of Baldwin Lake The following documents have been provided: 1. Existing Conditions and Preliminary Plat by E.G. Rud and Sons, Inc., dated November 7, 2003. 2. Preliminary Grading, Drainage, Erosion Control, and Utility Plan by Plowe Engineering, Inc., dated November 7, 2003. Ordinary High Water Level (OHWL) determination by Piowe Engineering, Inc., dated November 7, 2003. The following review comments are provided: . 1 The proposed subdivision will require the review and approval of the Rice Creek Watershed District (RCWD). Rules indicate that any subdivision of property over 5 acres in size requires a permit from RCWD. 2. A first floor elevation (H4±) of 890.0 is proposed. A low floor lowest opening elevation of 989.6 is provided on the plan, and appears to be in error and must be revised accordingly. The 100 -year high water elevation of Baldwin Lake is identified as 885.30 according to the survey provided. The City's minimum building elevation floor elevation (including basement), must be the greatest of the following: :2 feet above the design flood elevation, 4 feet above the water table, or 1 foot higher,than the emergency overflow elevation. The elevations provided therefore would meet requirements :: based on Baldwin Lake flood elevations. However, the groundwater elevation is not known, and the . lowest floor elevation would need to be 4 feet above the water table as required. In addition, the edge of the existing wetland bordering the future home site is at an elevation of roughly 887 -888 feet according to the survey, and an Ordinary Water Elevation (OHWL) of 887.59 has been determined An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Justin's Preserve Page 2 December 2, 2003 City of Lino Lakes, Minnesota by the applicant's Engineer. However, the extent of the wetland's bounce or potential high water elevation (HWL) is not known or shown on the plan. Therefore, further documentation must be provided to show that the floor and building elevations proposed will meet City regulations in relation to the wetland. 3. The Contractor shall be responsible for obtaining an NPDES Permit and Storm Water Pollution Prevention Plan in accordance with State of Minnesota Law. This will also require providing to the City a copy of the Stormwater Pollution Prevention Plan (SWPPP), required as part of the NPDES submittal. If the actual area of property to be disturbed is less than 1 -acre, an NPDES permit will not be required. However, the applicant would be required to demonstrate on the plan accordingly. Also, because of the close proximity to Baldwin Lake, and the existing wetland immediately adjacent to the proposed home site, sedimentation and erosion control measures must be fully implemented and enforced per City of Lino Lakes and RCWD requirements. 4. Drainage and utility easements are provided adjacent to property lines and over wetland areas in accordance with City requirements. These easements shall also be provided on the Final Plat 5. Additional notes and details shall be included with the plans providing for adherence to the standards and requirements of the City of Lino Lakes. This shall include standard details for watermain and sanitary sewer services and appurtenances, and notes referring to utility construction requirements of the City of Lino Lakes and Utility Specifications of the City Engineer's Association of Minnesota (CEAM) as applicable. 6. The proposed subdivision and construction must adhere to Floodplain and Shoreline Management requirements of the City of Lino Lakes as applicable. • su. mem nom' EN m� O � ,,4u H �it rai in a :.. ma-, „., q�i A L. d �4 ® 0Ap oQ v T D . of . by o v w dm �4 121# enoo1l■ G© iiiti a isa.n� 'PINERIb.^ �OQQeeOG♦1ee ^DD "T ,mow a,nOGD,Op per , �.Ui° n �AO� • Ettev DRAWN SEP. 1974 REVISED NOK 1978 REV. MAR.198O REV. SEP. 1981 REV. DEC.1982 REV. JULY1988 REV. DEC. 1985 JAN. 1987 MAY 1988 AUG. 1989 FEB. 1991 FEB. 1992 FEB. 1993 MAY 1994 NOV. 1994 JAN.1998 JULY 1997 JULY 1998 AUG. 1999 sEPT. 2000 MAY 2001 PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Manufactured Home Park Stage 1 Growth Boundary Public /Semi - Public iIIHI'—'1 111111111111 ■11111 Low Density JJII r Sewered Residential l® Low Density Unsewered Residential DI 911111111111111iiir 1111 uii: [Plirtiblm 'llama anion II ortitaminturaum RIB MI 111111,11111 • • EXISTING • CONDITIONS. and PRELIMINARY PLAT J.Us1 Nl'S PRESERVE CITY OF LINO LAKES FOR CARPENTER HOMES PROPERMY OY DEANNA HAEG PROPERTY. DESCRIPTION... A else. of land situated In-Lot 2 of Section 31, Trmsi1431. Range 22. Anoka County. Minnesota, - easrb.4 oe aonooenbing at a stake on the south line of sold Lot 2 distant 305' • foal Weal of the .eetheat comer -of amid Lot 2t them- Wed an ( 1 , 0 - 0 0 . 15 ( 1. 0 0 0 9 1 9 2 0 distonu of 730 said lot L thence o0*Moyp .add Meander Line 490 f said Lola 2 point o a Woks on sa�ld Ihr a of thence South 000 feet to the pima of beginning Hereby meaning la convey the Share of • _ - - the Lake and the water thwot Sub Serviced to the land described. Except tea south 170 feel of IM eat 90 feet thereof. . ZONING INFORMATION' PROPERTY 1! BaOD m owe raw IOAODIIW., OUEa1F S70ACK4 PFR CITY . . FRONT e0 no (5H,c pare 50201 • . HOUSE MS 10 MU GARAGE 0 0 5 KU REAR YARD 30 BUT ,I P / swam LOT sac . IO,NO T A soma /lXT WAWA LOT NON . m FEET AT eN.N+G t1ERAa . RON V .._a�rreemrAa.lrwD 1400 LAID TYPICAL EASEMENTS. ...........r... Yam W. LOT 1 ui I . 442.000 .q. R ©37 ,D,D Ayi seertsbr . � :1: 1 2 0000 kl KI 840.00 889•18'01"11, -fa YOB muBd.. • ei•ll) .4')D.:. 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RECEIVE® NO 0 7 2003 LEGEND: '.._ .LINO LAKES /4' CURB STOP I 1) —yam Denotes Direction of Drainage J 2) Denotes Proposed Contour. 3) — — Denotes Existing Contour - - .,.4—s— Denotes Sgt Fence .. 5)) *mono Denotes Proposed Spot Elevation o 6 'ion. Denotes Existing Spot Elevation —>' Denotes Existing Sanitary Sewer — — P) ' - 8 —1 —, Denotes Existing Watennoln. 9 so- Denotes Existing Storm 10 —> Denotes Proposed Sanitary Sewer ITE `PINE ROAD 11)— Denotes Proposed Waterrnain 0.10 acres 4 -, 12) -1P— Denotes. Proposed Storm —II PVC O 0.325 1 >_ qH aye NM MI MEIN 1111111111111111111011 MI M .. - MOM IS MR b.. ISO N. 1rQAIED/R7t 23230 E 114RIIN LAKE DRVE NE STAGY, 55.55075 PHONE (551)- 451 -5108 11010 1 SHEET 1