HomeMy WebLinkAbout2004-031 Council Resolution•
City Council
Marshan Estates
March 8, 2004
CITY OF LINO LAKES
RESOLUTION NO. 04-31
RESOLUTION APPROVING AMENDMENT TO
THE COMPREHENSIVE PLAN
(Marshan Estates)
WHEREAS, the City of Lino Lakes has adopted a Comprehensive Plan to guide
community growth in a rational and responsible manner through 2020, and
WHEREAS, MN Statutes 462.355 authorizes the governing body to amend the
comprehensive municipal plan, and
WHEREAS, an amendment to the plan is required to allow the proposed provided public
utilities to service existing and future residential properties along Marshan Lane, and
WHEREAS, the City of Lino Lakes Planning and Zoning Board held a public hearing on
February 11, 2004 and recommended approval of the Comprehensive Plan
amendment,
• NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby
approves the following amendments to the 2001 Comprehensive Plan as shown on the
attached Exhibit A and described as follows:
1. Change the Land Use designation of 8 properties, adjacent to Marshan Lane
from Low Density, Unsewered Residential to Low Density, Sewered Residential.
Adopted by the Lino Lakes City Council this 8th day of March, 2004
ATTEST:
Joh J. Be :'eson, ` ayor
Ann Blair, City Clerk
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STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 7B
Mike Grochala
March 8, 2004
Consideration of Resolution No. 04 -31
Comprehensive Plan Amendment
Consideration of Resolution No. 04 -32
Preliminary Plat for Marshan Estates
Comprehensive Plan Amendment 4/5 vote
Preliminary Plat — 3/5 vote
The proposed project is located adjacent to Marshan Lane. The 4.94 -acre parcel is
physically divided by the existing Marshan Lane. However, the parcel, including
Marshan Lane, is all one property.
Mr. Clyde Rehbein, the applicant, originally applied, in fall of 2001, for a Minor
Subdivision to split -off the portion of the property lying north of Marshan Lane into a
separate lot. However, the proposed split required the extension of sanitary sewer and
water. Subsequently, the applicant submitted a petition for the installation of sewer and
water facilities, signed by four of the nine existing property owners along Marshan Lane.
In October of 2001, the City Council ordered preparation of a feasibility study to extend
sanitary sewer and water utilities along Marshan Lane. In July 2002, the City Council
ordered a public hearing to consider the proposed improvements. Following the
meeting, the City received a petition against the proposed assessment, as provided for
in the City Charter, and no further action was taken.
Since that time, City staff has held several neighborhood meetings to discuss the
proposed improvements and address cost issues. Since there continued to be interest
by some of the residents, in addition to the applicant, for sewer and water the City
authorized preparation of plans and specifications in July of 2003 for the utility
improvements. The intent was to provide a more accurate and up to date estimate of
the project costs and allow the city to address, more accurately, the possible financing
scenarios. Additionally, staff became aware of possible on -site septic system issues
developing along the street and believed that it would be beneficial for the city, from a
public health standpoint, to pursue the extension of utilities.
During this lengthy process the City's Comprehensive Plan was approved by
Metropolitan Council and the City adopted a new subdivision and zoning ordinance as
well as a growth management ordinance. Staff have since noted that while the
City Council
Marshan Estates
March 8, 2004
11111 property is zoned R -1, Single Family Residential, lies within a Stage One Growth Area
(1998 - 2010), and within the existing Metropolitan Urban Service Area (MUSA), the
property is guided low density unsewered residential. Additionally, due to changes in
the subdivision ordinance all subdivisions of sewered residential Tots must be platted.
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Therefore, Mr. Rehbein, is now requesting a Comprehensive Plan Amendment to
change the land use designation from Low Density, Unsewered to Low Density,
Sewered. Additionally, the applicant is requesting Preliminary Plat approval for a 5 -lot
subdivision (4 new lots) which includes the property located on both the north and south
sides of Marshan Lane.
This review is based on the following submittals:
1. General Location Map
2. Boundary and topographic Survey of Marshan Estates, prepared by Glenn Rehbein
Companies, and dated December 18, 2003.
3. Preliminary Plat of Marshan Estates, prepared by Glenn Rehbein Companies, dated
March 1, 2004.
4. Preliminary Grading, Drainage, and Erosion Control Plan, Marshan Lane, prepared
by Glenn Rehbein Companies, dated December 18, 2003, revised January 6, 2004.
5. Preliminary Grading Plan Notes and Details, Marshan Lane, prepared by Glenn
Rehbein Companies, dated December 17, 2003.
6. Preliminary Sanitary Sewer and Watermain Utility Improvements, prepared by TKDA
ANALYSIS
Project Overview
Project Data: Total Site Area
Total Number of Lots
Gross Density
Existing Land Use
4.82 acres
5 lots & 6 outlots
1.04 units per acre (1.24 units per acre if
future residential subdivision of Lot 1,
Block 1)
The project consists of a 4.94 -acre parcel that is currently in residential use.
Surrounding land uses include residential to the east, south, and west, with the City's
civic complex and proposed Legacy project north of the existing residential.
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City Council
Marshan Estates
March 8, 2004
2001 Land Use Plan:
Zoning
The project site is currently zoned R -1, Single Family Residential. The R -1 District is
intended for development of single family detached homes on lots served with public
sewer and water (Sec. 6, subd. 1.A).
The project is located within the designated shoreland district of Marshan Lake. The
shoreland district extends 1000 feet from the Ordinary High Water Level (OHWL) of
public waters.
Comprehensive Plan Amendment:
The 2001 Comprehensive Plan guides this area for low density unsewered residential
and mixed use land uses. The project area lies within the Stage 1 Growth Area (1998-
2010) and within the Metropolitan Urban Service Area (MUSA). The applicant is
requesting a change in the land designation from unsewered residential to sewered
residential for that part of the property lying south of the north line of Marshan Lane
(Lots 1 -4, Block 2). Based on the possible extension of public utilities to service all
properties along Marshan Lane, staff is recommending that the amendment include
adjacent Low Density Unsewered Residential property adjacent to Marshan Lane. The
existing Mixed Use designations would remain unchanged.
Comprehensive Plan
The 2001 Comprehensive Plan guides this area for low density unsewered residential,
and mixed use land uses. The project area lies within the Stage 1 Growth Area (1998-
2010) and within the Metropolitan Urban Service Area (MUSA).
The following table provides an overall summary of the Land Use change based on the
total acreage of the proposed development and existing residential uses guided as low
density unsewered residential:
Comprehensive Plan (2001)
Site: North of
Mashan Lane
Mixed Use
Site: South of
Marshan Lane
Low Density Unsewered Residential
North
Low Density Unsewered Residential, and Mixed Use
East
Low Density Unsewered Residential, and Mixed Use
South
Low Density, Unsewered Residential
West
Low Density, Unsewered Residential, and commercial west of
Lake Drive
Zoning
The project site is currently zoned R -1, Single Family Residential. The R -1 District is
intended for development of single family detached homes on lots served with public
sewer and water (Sec. 6, subd. 1.A).
The project is located within the designated shoreland district of Marshan Lake. The
shoreland district extends 1000 feet from the Ordinary High Water Level (OHWL) of
public waters.
Comprehensive Plan Amendment:
The 2001 Comprehensive Plan guides this area for low density unsewered residential
and mixed use land uses. The project area lies within the Stage 1 Growth Area (1998-
2010) and within the Metropolitan Urban Service Area (MUSA). The applicant is
requesting a change in the land designation from unsewered residential to sewered
residential for that part of the property lying south of the north line of Marshan Lane
(Lots 1 -4, Block 2). Based on the possible extension of public utilities to service all
properties along Marshan Lane, staff is recommending that the amendment include
adjacent Low Density Unsewered Residential property adjacent to Marshan Lane. The
existing Mixed Use designations would remain unchanged.
Comprehensive Plan
The 2001 Comprehensive Plan guides this area for low density unsewered residential,
and mixed use land uses. The project area lies within the Stage 1 Growth Area (1998-
2010) and within the Metropolitan Urban Service Area (MUSA).
The following table provides an overall summary of the Land Use change based on the
total acreage of the proposed development and existing residential uses guided as low
density unsewered residential:
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City Council
Marshan Estates
March 8, 2004
Land Use
Designation
Pre Amendment
Post Amendment
Avg.
Density
Units /ac.
Acres
# Units
MUSA
(acres)
Avg.
Density
Units /ac.
Acres
#Units
MUSA
Low Density,
Unsewered Residential
.98
8.19
8
8.19
0
0
0
0
Low Density,
Sewered Residential
0
0
0
0
1.34
8.19
11
8.19
Traffic
Lake Drive (CSAH 23) is designated as an "A" minor arterial roadway, with Marshan
Lane designated as a local street. The proposed land use change would allow for the
potential of five new single family residences on the street. Any new single family
development within the amendment area will have minimal impact to the system.
Wastewater
Approval of the amendment will allow for the connection of existing properties to the
municipal sanitary sewer system. An existing City trunk sanitary sewer is located at the
intersection of Town Center Parkway and Lake Drive (east side) and is proposed to be
extended to service the area. The amendment area lies within Sewer Service District 2,
which has the capacity to carry the anticipated increase in flows.
Water
Approval of the amendment will allow for the connection of existing properties to the
municipal water system. An existing City trunk water main is located at the intersection
of Town Center Parkway and Lake Drive (east side) and is proposed to be extended to
service the area. The existing system is capable of servicing the amendment area.
Preliminary Plat:
Lot Size. The minimum lot size of the R -1 District is 10,800 square feet of buildable
land: All lots exceed this provision, ranging from .47 acres to 1.11 acres. The lot sizes
are generally consistent with the existing lots in the neighborhood.
Lot Depth. The minimum lot depth is 135 feet. All Tots meet or exceed these provisions.
Lot Width. The minimum lot width is 80 feet for standard lots and 100 feet for corner
Tots. All lots meet or exceed these standards.
Outlots. There are six outlots included in the proposed subdivision. During the
preparation of the plan and discussion with the abutting property owners, it became
apparent that there were conflicts between the legal descriptions, monumentation, and
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City Council
Marshan Estates
March 8, 2004
occupation lines. The proposed Outlots are intended to correct these irregularities. The
parcels are proposed to be deeded over to the abutting property owners. It was also
noted in a neighborhood meeting that the east line of Lot 1, Block 1 needed to be
shifted westerly to match the existing monumentation and occupation lines. This
adjustment has been made in the revised preliminary plat, dated March 1, 2004. By
doing this, the proposed boundary of the plat will establish the framework for deed
corrections to individual properties north of Marshan Lane.
Setbacks. The required setbacks established in the R -1 District are the greater of the
following: 40 feet (Collector or Arterial Street), 30 feet (Local Street), 30 feet (front yard),
30 feet (rear yard), and ten feet (side yard - principal building). The Tots have adequate
dimensions to meet required setbacks. Note: the existing attached garage on Lot 4,
Block 1 encroaches approximately 1.0 feet into the street setback area. This is a
preexisting condition created when the road right -of -way for Marshan Court was deeded
to the City in 1995. Both the house on Lot 4, Block 2 and the house located
immediately to the east were constructed prior to this dedication.
Street and Block Design. Marshan Lane and Marshan Court are existing streets, and
no changes are proposed. The plat does provide dedicated right -of -way for Marshan
Lane and Marshan Court. The plat also provides 20 feet of additional right -of -way for
Lake Drive in conformance with City and County requirements for arterial streets.
Access control dedicated to Anoka County is also shown on the plat along Lake Drive.
Grading and Drainage. A grading plan has been submitted and is subject to the review
and approval of the City Engineer. His comments are attached. The development as
proposed is to be custom graded on a lot -by -lot basis. Individual lot purchasers and /or
builders will be required to submit a site - specific grading plan as part of the building
application.
Utilities. Utility plans are being prepared by the City Engineer, TKDA. Both sewer and
water are proposed to be extended from the Lake Drive/Town Center Parkway
intersection.
Drainage and Utility Easements. Drainage and Utility easements are proposed being
five feet in width at adjoining lot lines, and 10 feet in width at adjoining street lines and
rear lot lines, as required. A 50 -foot drainage and utility easement adjacent to County
Ditch Number 10 is also provided.
Parkland Dedication. Staff is recommending 100% cash payment in lieu of parkland
dedication. However, staff would also recommend dedication of a 10 -foot wide trail
easement adjacent to Lake Drive, which would overlay the required 10 -foot drainage
and utility easement. City Park and Trail plans identify a proposed future trail along
Lake Drive. Additionally, provision of this easement allows for flexibility with future Lake
Drive improvements.
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City Council
Marshan Estates
March 8, 2004
Floodplain. Portions of the site lie within a Flood Plain Zone A, which follows County
Ditch Number 10. RCWD has established the flood elevation at 886.0. The City's
Floodplain Management Ordinance requires that principal structures be located no
lower than one foot above the regulatory flood protection elevation. The City's
Subdivision Ordinance requires that proposed basements be four (4) feet above the
water table (normal water level) and two (2) feet above the design flood levels of
ponding areas. All proposed buildings are outside the Flood Hazard Area.
Shoreland Requirements. The proposed development lies within the Shoreland Overlay
District of Marshan Lake, which is classified as a Natural Environment Lake.
Impervious surface coverage of lots within the Shoreland District of a Natural
Environment Lake cannot exceed 30% for residential development. Upon build -out of
the proposed residential lots the impervious surface coverage is estimated to be
approximately 20 %.
Due to the size of the lots and the minimal impervious surface coverage, stormwater
control and water quality treatment is not required provided Best Management Practices
(BMP) are incorporated to the maximum extent possible. To insure adequate infiltration
and treatment of stormwater runoff prior to entering County Ditch number Ten, staff is
recommending a 20 -foot conservation easement be provided along the southern
boundary of Lots 1 -4. This easement lies within the proposed 50 -foot drainage and
utility easement.
City has received a response from Tom Hovey, MN /DNR Area Hydrologist, in which he
indicates that the project is consistent with shoreland guidelines.
Tree Preservation. Since the site is so heavily wooded, the City's environmentalist has
noted that the existing trees should be pruned and /or thinned to conform to the National
Fire Wise Standards. A tree preservation plan will be required in conjunction with each
individual building application.
Lot 1, Block 1 Development. Lot one, Block one is identified as a potential future
business site on the preliminary plat. The lot is guided mixed use and was included in
the original Calthorpe Town Center Master Plan. However, due to access limitations to
Town Center Parkway, it may not be possible to develop in this way without further
expansion into the existing residential area to the east. Staff has determined that the
property is of sufficient size to be subdivided into two residential lots if the
commercial /mixed use option is not feasible.
Rice Creek Watershed District (RCWD). The developer has made application to RCWD
for approval of a Land Development Plan. RCWD states that because the proposed
impervious area of the project is less than one acre in size, they will not require water
quality treatment, noting most drainage will infiltrate in the pervious rear lot areas. The
project was reviewed at the January 28th meeting, with a CAPROC (Conditional
Approval Pending Receipt Of Changes) being issued. RCWD notes that Best
Management Practices (BMPs) should be incorporated to the maximum extent possible.
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City Council
Marshan Estates
March 8, 2004
Anoka County. The Anoka County Highway Department has completed a review of the
proposed project. The proposed Lake Drive right of way and access control dedication
are sufficient. No improvements to Lake Drive are required for this development.
Growth Management:
Growth Management, Units/Year: The comprehensive plan and the growth management
policy establish a specific number of dwelling units of residential growth for stage one
(prior to year 2010). The goal is 147 per year. The City Council has the flexibility to
exceed the limit by 20% (29 units) in a year without amending the comprehensive plan.
The following table shows the status of the staging plans for final platting new
residential units, including the proposed Marshan Estates.
PROPOSED PROJECTS
LOTS /UNITS
Development Name
Prelim
Plat
Phasing plans by year (lots /units to be final platted)
year end
2002
2003
2004
2005
2006
2003 -09
TOTAL
1029
maximum
2007
2008
2009
approved prelim. plats
103
51
52
Stoneybrook
2nd Addn
52
CenturyFarm North
249.
56
65
52
43
33
249
Keefe: Preliminary Plat
1
1
1
Morton (minorsubdiv)
1
1
1
Ravens Hollow
56
56
56
Haley Manor (10 new lots)
10
10
10
Crystal Cove (proposed)
3
3
3
Millers Crossroads
152
22
47
51
32
152
Lakeview Estates (2 new)
2
2
2
Snell (minor subdivision)
1
1
Pheasant Hills Pres. 13th
1
1
1
Proposed
Justin's Preserve
1
1
1
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Pheasant Hills 12th (Island)
8
8
8
total
51
148
174
103
75
33
0
0
541
remaining 0, 147 annually
72
147
147
As shown in the table, the goals for both 2003 and 2004 have been exceeded. The
addition of four lots for Marshan Estates in 2004 would put the total at 27 over the
target, or 18.4% over. This would fall within the allowable 20% range.
ENVIRONMENTAL BOARD
The City's Environmental Board reviewed the application on January 28, 2004, and
recommended approval. Their comments are attached and, where applicable, have
been incorporated into this report.
PLANNING AND ZONING BOARD
The Planning and Zoning Board reviewed the request at its February 11, 2004 meeting.
The board recommended approval of the Comprehensive Plan Amendment and the
Preliminary Plat with conditions. The board's conditions of approval are incorporated
into the staff recommendation.
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City Council
Marshan Estates
March 8, 2004
FINDINGS
Comprehensive Plan Amendment
1. The proposed land use amendment lies within an area designated as a Stage 1
(1998 -2010) Growth Area and is within the existing Metropolitan Urban Service
Area (MUSA)
2. The proposed landuse amendment will allow for infill development.
3. The proposed land use amendment will allow the extension of public utilities to
provide for the eventual need to phase out existing on -site private utilities.
Preliminary Plat
1. The proposed plat is consistent with the Comprehensive Plan.
2. The proposed plat is consistent with City infill policies. The project lies within
existing MUSA, the cost of infrastructure improvements are covered by the
developer and charges to individual properties upon connection.
3. With the required turn lane improvements to Lake Drive the roads serving the
proposed development are capable of serving the development.
4. The City's Water system is adequate to service the proposed development.
5. The City's Waste Disposal System is adequate to service the proposed
development.
6. The proposed plat provides sufficient right -of -way and easements for public street
and utility purposes.
7. The proposed preliminary plat meets the requirements of the City's zoning ordinance
and subdivision ordinance.
8. The proposed plat will resolve some existing boundary discrepancies between the
subject property and existing single family residential lots.
RECOMMENDATION
City staff, the applicant, and neighborhood residents have been working together for the
past two years to not only address utility extension issues, but also resolve long
standing property boundary inaccuracies. Approval of the Comprehensive Plan
Amendment and preliminary plat would allow for resolution of many of these issues.
Comprehensive Plan Amendment
Staff recommends adoption of Resolution No. 04 -31 Approving the Comprehensive
Plan Amendment.
Preliminary Plat
Staff recommends adoption of Resolution No. 04 -32 Approving the Preliminary Plat,
with the following conditions:
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City Council
Marshan Estates
March 8, 2004
1. Plat boundary shall be adjusted along the easterly lot line of Lot 1, Block 1 to
correspond with existing occupation lines and monumentation.
2. A 20 feet wide conservation easement shall be provided, adjacent to County
Ditch 10, across Lots 1 -4.
3. The City Council orders the sanitary sewer and water improvements.
4. Building Permit applications shall include a tree preservation plan and a grading
plan in conformance with the approved grading plan.
5. Tree cover will be evaluated against Firewise requirements (ie; trees should be
thinned) subject to review by the City Forester.
6. The Developer shall enter into a Development Contract with the City.
7. The Developer shall provide a 10 -foot wide trail easement adjacent to Lake
Drive, which would overlay the required 10 -foot drainage and utility easement.
8. Parkland dedication shall be in the form of cash payment in the amount of
$6,600.
9. Applicant shall provide Quit Claim Deeds to adjacent property owners for the
Outlots.
ATTACHMENTS
1. Resolution No. 04 -31
2. Resolution No. 04 -32
3. General Location Plan
• 4. Boundary & Topographic Survey
5. Preliminary Plat
6. Preliminary Grading, Drainage, & Erosion Control Plan
7. Preliminary Sanitary Sewer & Watermain Improvements
8. Comprehensive Plan Land Use Map
9. Proposed Comprehensive Plan Amendment Map
10. Memo from City Engineer, dated February 5, 2004
11. Memo from City Environmental Specialist, dated January 30, 2004
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