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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 • 10 • 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. • • 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. 2 • • 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: • 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 4 • 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. 5 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. • 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 l iatO n Estat k r ?.g, a.I ,E irgrc �" k.,. :051610t4i posiggig EV '6i4M6MIERSE esmosn, .z, rn. Vin + ...4 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. 7 • 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: 8 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 • 9