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HomeMy WebLinkAbout2004-058 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04-58 RESOLUTION APPROVING A DEVELOPMENT STAGE PLAN /PRELIMINARY PLAT FOR OAKWOOD VIEW WHEREAS, the Rice Creek Covenant Church submitted an application for approval of a development stage plan /preliminary plat, and; WHEREAS, the Lino Lakes City Council makes the following findings: 1. The site includes approximately 16.7 acres at 125 Ash Street. The current PID is 31 31 22 34 0001, and the legal description is: The East 620.72 feet of the West 1120 feet as measured at right angles to the West line thereof, of the Southeast Quarter of the Southwest Quarter, Section 31, Range 22. Except the East 340 feet of the West 1120 feet of the South 223 feet of said Southeast Quarter of the Southwest Quarter, Anoka County, Minnesota. Subject to easements. 2. The site will be platted as Oakwood View. 3. The Planning & Zoning Board held a public hearing on the application on March 10 and April 14, 2004. 4. The City Council approved Resolution No. 04 -34, amending the comprehensive plan to guide the site for Low Density Sewered Residential. 5. The City Council approved Ordinance No. 12 -04, rezoning the southern portion of the site to Mixed Use Planned Unit Development, contingent upon Metropolitan Council approval of the comprehensive plan amendment. 6. The approval of Ordinance No. 07 -04 approves vacating two existing ponding and flowage easements. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the development stage plan /preliminary plat subject to the following conditions: 1. The comprehensive plan amendment (Resolution 04 -34) must obtain the approval of the Metropolitan Council prior to any further City project approvals. The rezoning (Ordinance 12 -04) and development stage plan /preliminary plat are contingent upon the comprehensive plan amendment approval. 2. This approval provides for use of the duplex group residential facility for foster care for developmentally disabled persons. Alternative uses under different county and /or state licenses shall be subject to City review and state statutory requirements, and at the City's discretion may require an amendment of the planned unit development. 3. The project shall be final platted in two phases. The group residence duplex may be final platted in 2004. The ten single family lots shall not be final platted until 2005. 4. The conditional use permit approved in 1996 to allow the construction of the church is still in effect. Future expansion of the church shall be as approved with the conditional use permit. 5. The duplex residential facility shall be constructed as depicted on the plans included as part of this approval. 6. The relocation of sanitary sewer and water services may occur with the 2004, phase one final plat because these utilities already existed. However, the construction of the Oakwood Lane street extension shall not occur until final plat approval of the single family lots in phase two, in 2005. All Tots and units shall connect to city sanitary sewer and water. 7. Park dedication of $1,665 per unit shall be paid. Park dedication for the group residence, two units, shall be paid when that lot is final platted. Park dedication for the ten single family Tots shall be paid with that final plat. 8. The revised plat must obtain approval by the Rice Creek Watershed District prior to final plat approval by the City Council. 9. Drainage and utility easements around all wetlands must be large enough to include at a minimum a ten (10) foot buffer extending outward from the delineated wetland boundary. 10. Issues discussed in the City Engineer review must be addressed to his satisfaction. 11. The City seeding mix must be used for ponds and wetland areas. This must be noted on the plans. 12. The property owner must obtain approval from the City Council to vacate the existing ponding and flowage easements. _88- Resolution 04 -58, page 2 • 13. Site plan information for the group residence duplex shall be provided prior to issuance of a building permit. This shall include architectural elevations, floor plan, landscaping, and site lighting. Any lighting in the parking area must City requirements. 14. There must be a shared driveway easement to allow the new lot to use the existing driveway on Ash St. This easement must be recorded with the final plat. 15.Any elements of the Mixed Use PUD not specifically addressed in the approved plans shall be subject to the appropriate requirements of the zoning ordinance and other applicable official controls. 16. The church shall enter into a maintenance agreement for the stormwater facilities prior to issuance of a building permit. 17. This approval is based on the following plans and information: Preliminary Plat, 3/24/04 Preliminary Grading Plan, 3/24/04 Preliminary Utility Plan, 3/24/04 Certificate of Survey and Tree Inventory, 3/24/04 Adopted by the Lino Lakes City Council this day of 2004. Jo J. B es Mayor g y or _89_. Resolution 04 -58, page 3 • AGENDA ITEM 6D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 24, 2004 TOPIC: • Resolution No. 04 -34: Comprehensive Plan Amendment to Low Density Residential , • Ordinance No. 12 -04: Rezoning to Planned Unit Development Resolution No. 04 -58: PUD Development Stage Plan /Preliminary Plat • PUBLIC HEARING —First Reading, Ordinance No. 07 -04: Vacation of Two Ponding and Flowage Easements • VOTES REQUIRED: Oakwood View Rice Creek Covenant Church Resol. 04 -34 comp plan amendment 4/5 Ord. 12 -04 rezoning to PUD 3/5 Resol. 04 -58 development stage plan /prel. plat 3/5 Ord. 07 -04 vacation of easements 4/5 BACKGROUND The Rice Creek Covenant Church has submitted an application to further develop its current site at 125 Ash Street. The application includes several elements. The goal is to create ten single family detached home lots on the north part of the property as well as a lot for a duplex on the southern part of the property. The duplex is intended for a group residence for people with disabilities. The lot for the group residence would be final platted this year to allow for construction this year. The single family lots would not be final platted until 2005. This project includes an odd mixture of actions because of the existing land use category and zoning. The following approvals are necessary to accommodate the proposal: 1. Amend the comprehensive plan to change the site from Public Semi - Public to Low Density Sewered Residential. 2. Rezoning of the southern portion from R -1X to Planned Unit Development (PUD) for mixed uses: the existing church and the group residence. (The existing R1 -X zoning already accommodates the single family lots on the north.) • Oakwood View page 2 3. PUD development stage plan /preliminary plat 4. Vacation of two existing ponding and flowage easements. A conditional use permit (CUP) was approved by the City in 1996 to provide for building the church. That CUP approval included a three -phase plan. Each new building addition must undergo a site plan review, but would not require a CUP amendment review. However, the CUP did not include the residential facility that is being proposed now. Therefore, the CUP is not relevant here inasmuch as no additions to the church building itself are being proposed. The zoning ordinance provides for two different types of PUD. If only residential uses were included in the project, the PUD would require only a conditional use permit. However, the church and the group residence is a mix of uses. A mixed use PUD requires a rezoning to PUD. ANALYSIS Comprehensive Plan, Land Use and Zoning The table below identifies the existing land uses, guided land uses, and zoning for the area. The following table summarizes the project as shown on the revised plans: Location Existing Land Use Guided Land Use Existing Zoning Site church Public /Semi- Public R -1X North residential Low Density Sewered Residential R -1X South residential City of Shoreview East residential Low Density Sewered Residential R -1X West residential, vacant Medium Density Residential R -1X The following table summarizes the project as shown on the revised plans: Gross Area of Lots (acres) Gross Area with ROW single family area 6.24 Oakwood View page 3 church lot group home new ROW total 7.21 7.26 2.23 0.97 16.70 Upland Area of Lots (acres) Upland including new ROW Total Units I 4.06 5.03 Gross Densiy: units/acre Net Density: units /acre 10 1.39 1.99 Lot gross sf net sf (upland) wetland 1 55,383 20,283 35,100 2 52,502 16,212 36,290 3 40,043 17,037 23,006 4 26,449 25,975 474 5 15,565 15,565 6 13,488 13,488 7 14,563 14,563 L1 B2 16,143 16,143 L2 B2 14,320 14,320 L3 B3 23,197 23,197 total 271,653 176,783 94,870 acres 6.24 4.06 2.18 church lot 316,137 acres 7.26 duplex 97,226 acres 2.23 1.00 estimate 2 0.90 2.00 estimate The comprehensive plan currently guides the site for Public /Semi - Public (PSP) land use. This was done because of the existence of the church. The PSP category is not specifically for churches: the comprehensive plan does not have a specific category for churches, nor are churches discussed in the plan. The zoning ordinance allows churches by conditional use permit in all residential zones. Because of the residential uses proposed for the site, the Low Density Sewered Residential classification is appropriate. This would allow for all uses proposed in the application. The plan shows single family detached lots in the northern area at a net density of 2.37 units /acres. This falls within the range allowed by the Low Density Sewered Residential land use category (up to 3 u /a). At about 2 u /a, the group residence duplex also falls within this range. • The amendment to the comprehensive plan must be submitted to the Metropolitan Council for review. Because of the small size of the project, we expect the Met Council review to be brief. • • Oakwood View page 4 Growth Management: MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA reserve acres to be allocated for residential growth for stage one (prior to year 2010). The site is within the existing MUSA, so no MUSA reserve is required. 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 table at the end of this report shows the status of the staging plans for final platting new residential units. Approvals for year 2004 have exceeded the goal by 18.4 %. An additional two units will raise that to 19.7 %. This is within the allowable discretionary range. At the discretion of the City Council, the duplex could be final platted in 2004. However, ten more Tots would go beyond the 20% limit. Therefore, final platting of the ten single family lots on the north side of the property will have to wait until 2005. In other words, if this project is to proceed, it must be phased over two years. Rezoning The PUD zoning is intended for the southern portion of the site. The northern portion is to retain its current R -1X zoning. As stated in the zoning ordinance, the City shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Amending the comprehensive plan as requested would address the land use issue. 2. The proposed use is or will be compatible with present and future land uses of the area. The church exists, and is surrounded by residential uses. Additional residential use on the site would be compatible with the area. 3. The proposed use conforms with all performance standards contained herein (in the zoning ordinance). Oakwood View page 5 All single family lots meet minimum size requirements. The planned unit development provides the flexibility to allow the group residence lot to be created without the normal frontage and width. Providing for a future road extension avoids an excessive permanent cul de sac length. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The creation of ten single family homes and two units for a group residence will not overburden city services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The creation of ten single family homes and two units for a group residence will not generate enough traffic to overburden the road system. Planned Unit Development: Development Stage Plan /Preliminary Plat Section 2, Subd. 10 of the zoning ordinance discusses the purpose of a planned unit development (PUD). The application should be compared to these purposes in order to justify the flexibility allowed by a PUD. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. A residential conditional use permit PUD may include a variety of residential units, including single family and multifamily units as long as it complies with the density requirements. A non - residential conditional use permit PUD may include a variety of commercial and /or industrial uses. A PUD that includes a mix of residential and commercial /industrial uses must utilize the PUD zoning district as described in Sec. 9 Subd. 3 of this ordinance. Oakwood View page 6 The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. Lots: The minimum lot size in the R -1X zone is 12,825 sf of upland. As listed above, all single family lots meet this minimum. The minimum lot width in the R -1X zone is 90 feet. All meet this requirement. The PUD is needed to accommodate the group residence. That lot does not have the minimum road frontage width normally required. We normally do not allow flag lots. However, the group home is a specialized use and will not generate the amount of traffic that would be generated by other uses. Nor will future development occur that will use the proposed driveway. The driveway off of the church parking lot is sufficient. 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. Park dedication will be collected as each phase is final platted. We do not collect park dedication for churches, as churchgoers do not generate demand for park facilities. Oakwood View page 7 Utilities: The church currently has sanitary sewer and water service. The existing services come in from Oakwood Lane and run along the western edge of the property. These will be relocated within the Oakwood Lane extension. The existing pipes will be completely replaced. The new lines will provide service for the group residence as well. Drainage and utility easements will cover all utilities. The subdivision ordinance requires that final plat approval be obtained before utilities can be constructed. However, utility service already exists, serving the existing church. Because of this, the relocation can occur without final platting the entire site. The City Engineer's report is attached. Grading and Stormwater Management: Four wetlands exist on the site. The plans include no filling of wetlands. Several stormwater ponds will be constructed. Drainage and utility easements will cover all wetlands and ponds. The subdivision ordinance requires that water courses must be protected by easement that will include at a minimum a ten (10) foot buffer extending outward from the delineated wetland boundary or the water course ordinary high water level. Lots with easements protecting water courses shall have sufficient dimensions and area outside the water course easement to meet or exceed the minimum lot area and width specified in the zoning chapter for the district in which the lots are located. Two "ponding and flowage" easements exist on the site. One is in the west central area of the site, in the area planned for future parking for the church. The other is to the east of the existing church building. The plan proposes to vacate both. The pond in the second easement will be redesigned to allow for the new access driveway. An easement vacation requires a public hearing at the City Council and two readings of an ordinance. The vacation hearing and first reading of the vacation ordinance was scheduled to occur when the project goes to the City Council for consideration. The Rice Creek Watershed District granted conditional approval to the project. Because the plan was revised, we will require RCWD approval of the revised plan prior to City approval of the final plat. The Planning & Zoning Board did recommend that the applicant submit geotechnical information on existing groundwater levels and soils prior to City Council consideration of the application. This information has been supplied and is subject to review by the City Engineer. Streets, Access: The Anoka County Highway Dept. has informed us that no additional right of way is necessary for Ash St. (CSAH 32). Typically, the County's policy is to require dedication of additional right of way to total 60' from centerline. The road is 100' wide (50' from centerline). Anoka and Ramsey Counties have agreed to a 100' right of way on this road to minimize impacts on existing homes. -77- Oakwood View page 8 Driveway to Group Residence: On the south, the plan proposes a driveway off the church entry drive to serve the group residence. This driveway is five feet from the property line, the minimum required distance, and it must be paved with curb. There also must be a shared driveway easement to allow the new lot to use the existing driveway. This will be a condition of approval. Oakwood Lane Extension: On the north, the proposal includes extending Oakwood Lane to provide access to the ten residential Tots. If this were a permanent cul de sac, it would exceed the 500' maximum cul de sac length allowed by the street standards, Sec. 302 of the City Code. However, the plan provides for a future street connection to the west. The subdivision ordinance requires that final plat approval be obtained before roads can be constructed. The Oakwood Lane extension into the project cannot be constructed until the ten single family lots are constructed with phase two in 2005. The grading can occur earlier, and the utilities can be relocated as explained above. Oakwood Lane was created as part of the Woodridge Estates plat in 1988 -89. Oakwood Lane runs from White Pine Road on the north to the north property line of the church site. A sketch by the City Engineer in July 1988 envisions the road to continue south to Ash Street with connections both east and west. However, Woodridge Estates did not provide for the eastern connection and the church was approved in 1996, which blocks a southern connection: It still is possible to plan for a connection of Oakwood Lane to a future neighborhood road to the west. Oakwood Lane could provide a temporary cul de sac with a connection to the western property line. Land to the west is guided for residential development (medium density) and it is very likely that it will develop in the future. The 20 acres immediately west of the church site definitely could support development. Land further to the west likely will be able to as well, though to a lesser extent due to wetlands. Oakwood Lane as shown on the proposed plan will provide circulation and neighborhood connections, running south to Ash St. or west to Baldwin Lake Road. This would avoid the creation of new, long cul de sacs and may be the last opportunity to create any circulation route to connect neighborhoods in this part of the community. The comprehensive plan includes a policy and a recommendation for such connections: 6. Provide complete street systems to eliminate isolated neighborhoods and dead- end streets and allow for interaction between neighborhoods. Transportation policies, page 36, comprehensive plan 6. Integrate low density sewered residential land uses within existing residential neighborhoods with local street connections, density transitions, and park planning. -78- plan Oakwood View page 9 Recommendation for Planning District 4, page 135, comprehensive We recognize that many residents like cul de sacs because they minimize traffic on their streets. However, the lack of inter- neighborhood connections creates bottlenecks at points of access to collector and arterial roadways. Roads accessing Birch St. provide a clear example. Once the cul de sacs are built, the future problem is created. Creating connections creates options and distributes traffic, preventing the bottlenecks. Neighborhood street connections also provide for neighborhood social connections and allow for a greater sense of community. Group Residence Structure: Generally, the structure will be two stories, with approximately 3500 square feet in each unit, for a total of 7000 sf. Typically, we require architectural elevations and specific site plan information for a PUD. Since this project only includes one duplex (two units), it is not so critical. It is more similar to a house being built than a commercial structure. However, site plan information such as architectural elevations, floor plan, lot lighting, and the like will be required prior to a building permit being granted. The parking lot for the enabling residence was revised since the initial plan. No parking stalls are pointed toward homes to the south, eliminating the concern over headlights shining there. Group Residence Uses: At the March meeting, a question arose regarding the type of use for the group residence. The church is proposing a residence for developmentally disabled adults. Neighbors asked if the facility could be used for other types of residents, such as criminal offenders. There are several licenses for a facility for developmentally disabled people. One is by the State of Minnesota. Another is issued by Anoka County as an agent of the State. The Anoka County license requires several reviews. These licenses do not apply to other types of residential facilities, such as for criminal halfway houses or treatment facilities. These would require different licenses from the State of Minnesota Dept. of Human Services. The DHS requires a review by the local government that such a facility meets Local zoning code requirements. This planned unit development is intended to provide for use of the duplex group residential facility for foster care for developmentally disabled persons. Condition of approval #2 states that other use must be reviewed by the City and may require an amendment of the PUD. Oakwood View page 10 ENVIRONMENTAL BOARD The Environmental Board reviewed this application on February 25. Recommendations are attached. PLANNING & ZONING BOARD The P & Z opened the public hearing at the March meeting and continued it. The Board recommended approval at its April 14 meeting with the conditions listed in Resolution 04 -58. OPTIONS. 1. Approve the application, including the following: • Resolution No. 04 -34: Comprehensive Plan Amendment to Low Density Resid. • Ordinance No. 12 -04: Rezoning to Planned Unit Development • Resolution No. 04 -58: PUD Development Stage Plan/Preliminary Plat, with the conditions listed First Reading, Ordinance No. 07 -04: Vacation of Two Ponding and Flowage Easements 2. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: Preliminary Plat, 3/24/04 Preliminary Grading Plan, 3/24/04 Preliminary Utility Plan, 3/24/04 Certificate of Survey and Tree Inventory, 3/24/04 00 LOTS /UNITS Development Name Prelim Plat Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 2008 2009 approved prelim. plats 2003 -09 TOTAL maximum 1029 Stoneybrook 103 51 0 2nd Addn 0 52 52 Century Farms North 249 56 65 52 43 33 249 Keefe: preliminary plat 1 1 1 Morton (minor subdiv) 0 1 0 1 Ravens Hollow 56 0 56 56 Haley Manor (10 new Tots) 10 10 0 10 Crystal Cove 3 3 0 3 Millers Crossroads 152 22 47 51 32 152 Lakeview Estates (2 new) 2 2 2 Snell (minor subdivision) 0 1 1 Pheasant Hilis Pres. 13th 1 1 1 Marshan Estates 4 4 4 proposed Justin's Preserve 1 1 1 Rice Creek Church duplex 2 2 2 Rice Church: Oakwood View 10 10 10 Highland Meadows East 2nd 18 18 18 Pheasant Hilis 12th island 8 8 8 Rick Carlson /Rehbein lot 1 1 1 Royal Oaks Fox Road 64 34 30 64 Junes Addn 2 2 0 total 51 148 176 176 105 33 0 0 638 remaining of annual 147 remaining of 1029 for pre -2010 exceeds target of 147 by percent -29 -29 42 114 147 147 391 1 29 29 0.7% 19.7% 19.7% CITY OF LINO LAKES ORDINANCE NO. 12 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R1 -X TO MIXED USE PLANNED UNIT DEVELOPMENT FOR OAKWOOD VIEW AND THE RICE CREEK COVENANT CHURCH, 125 ASH STREET The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd.1 E of the Lino Lakes zoning ordinance: 1. The Rice Creek Covenant Church submitted an application for an amendment to the zoning ordinance to rezone the southern portion of their site to Mixed Use Planned Unit Development (PUD). The site currently is zoned R1 -X., Single Family Executive Residential. 2. The proposal includes platting the site as Oakwood View. The area to be rezoned to Mixed Use PUD includes Lot 8, Block 1 and Lot 9, Block 1, Oakwood View, as shown on the preliminary plat submitted to the City on March 24, 2004. The remaining area of the Oakwood View site, Lots 1 -7, Block 1 and all of Block 2 shall remain as R1 -X zoning. 3. The proposed action has been considered in relation to the • specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as Resolution 04 -34 amends the comprehensive plan so the site is guided for Low Density Sewered Residential uses. 4. The proposed use is compatible with present and future land uses of the area. The site is guided for Low Density Sewered Residential use (Resolution 04 -34). Land to the east and north is guided for Low Density Sewered Residential use. Land to the west is guided for Medium Density use. Existing and anticipated future land uses in the area are considered compatible with the proposed uses. 5. Upon compliance with the conditions of approval set forth in Resolution 04 -58, the proposed uses will conform with all performance standards contained in the zoning ordinance and other requirements. 6. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are currently available to the site, and compliance with Resolution 04 -58 will ensure proper utility service. -84- • 7. Traffic generation by the proposed use is within capabilities of streets serving the property. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R -1X, Single Family Executive Residential to Planned Unit Development, Mixed Use pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Lot 8, Block 1 and Lot 9, Block 1, Oakwood View, as shown on the preliminary plat submitted to the City on March 24, 2004. Section 3 Development shall conform with plans listed in Resolution 04 -58, and associated information, and the requirements and conditions of approval listed in Resolution 04 -58. Any elements of the Mixed Use PUD not specifically addressed in the approved plans shall be subject to the appropriate requirements of the zoning ordinance and other applicable official controls. Section 4 This zoning amendment is contingent upon and shall not be in effect until receipt of Metropolitan Council approval of the comprehensive plan amendment approved by the City Council with Resolution No 04 -34. Section 5 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 6 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2004 ATTEST: John J. Bergeson, Mayor - 8 5 - Ordinance 12 -04, page 2 Ann Blair, City Clerk - 8 6 - Ordinance 12 -04, page 3 CITY OF LINO LAKES ORDINANCE NO. 07-04 AN ORDINANCE VACATING TWO PONDING AND FLOWAGE EASEMENTS ON THE SITE OF OAKWOOD VIEW AND THE RICE CREEK COVENANT CHURCH, 125 ASH STREET The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate two ponding and flowage easements: 1. The Rice Creek Covenant Church submitted an application to vacate two ponding and flowage easements on the site to be platted as Oakwood View. 2. The easements are described in Attachment A. 3. Development plans for the Oakwood View plat provide for adequate stormwater management for the site and the existing ponding and flowage easements are therefore unnecessary. 4. The City Council held a public hearing on the proposed vacation on May 24, 2004. Section 3 The ponding and flowage easements described herein are hereby vacated. Section 4 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 5 This ordinance shall be in force and effect from and after its passage and publication according to the Lino. Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2004 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk need to add Attachment A with legal descriptions of easements being vacated - 9 1 - Ordinance 07 -04, page 2 emorandum DATE:. 'April 9 2004.: TO: Jeff Smyser .James E: Studenski, City Engineer RE: Oakwood View ... Attached is the TKDA review dated April 7, 2004, of the submitted documents for the proposed development. The following comments must be addressed prior to ,final..: • approval given for this,project. Please contact me with any questions. . 600 Towri Center Parkway, Lino .Lakes,Minnesota 556141181 • ENGINEERS - ARCHITECTS • PLANNERS MEMORANDUM • • 1500 Piper Jett: affray Plaza • ': 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 - 4400. (651) 292 -0083 Fax www.tkda.com l o: James Studenski, City Engineer Reference: _ Oakwood View Copies To: City of Lino Lakes, Minnesota • Comm. No. 12976 -002 From Scott A. Brink, P.E. Routing: Dates ; ' April 7, 2004 A Preliminary Plat has been submitted by Glenn Rehbein Companies for Oakwood View. The proposed plat , is located on 17 acres of property north of Ash Street (County Road J) and west of Hodgson Road (County `Road 49). Reviews dated. March 8, 2004'and February 26, 2004 were previously submitted, and were based upon the following documents provided by the applicant: 1 ▪ Wetland Delineation Report, hydrology calculations, hydrology summary and NPDES Phase Ti permit form, .provided by Glenn Rehbein Companies (William A.T. McCully ) dated January 23, • 2004 and received by the City of Lino Lakes January 30, 2004.. Preliminary Plat, Certificate of Survey and Tree Inventory, Preliminary Grading Plan, and Preliminary Utility Plan (Sheets 1-4), received by the City of Lino Lakes February 6, 2004.' :.. 3.: HydroCad model and supporting data dated January 13, 2004 by Glenn Rehbein Companies... .: 4 ▪ Wetland Delineation Report, Rice Creek Covenant Church Site, prepared by Polaris Group, dated .:. May, 2003 S.. .:.Rice Creek Watershed District Report (Application No (4-014), dated February 20;2004, providing 'conditions for Conditional Approval Pending Receipt of Changes (CAPROC)... 6 Revised Preliminary Grading, Drainage and Erosion Control Plan, by Glenn Rehbein Companies (William A T McCully) dated February 16, 2004 . and received by the City of Lino Lakes March 1, 2004. . • ince that time, the following additional documents have been received: 1 ▪ Full size and 11X17 size plan sets (4 sheets) as follows 1. Preliminary Plat dated March 24, 2004. 2. Certificate of Survey and Tree Inventory Plan dated March 24, 2004. 3: Preliminary Grading Plan, dated. March 24, 2004. 4. Preliminary Utility Plan, dated March 24, 2004:. • 2 . Cover letters dated January 28, 2004, February 16,'2004, March. 3, 2004, and March 24, 2004 from Glenn Rehbein Companies regarding an RCWD Permit Application 3 • Drainage Calculations dated March 24, 2004, and Drainage Diagram dated March 23, 2004. 4.. Stormwater Pollution Prevention Plan dated September 5, 2003. An Employee Owned Company 1 ., .9 3,,, Affirmative Action and Equal Opportunity Oakwood View Page 2 April 7, 2004 ity of Lino Lakes, Minnesota 5. Hydrology Summary dated March 24, 2004. 6.. Existing and`Proposed Subwatershed Maps. : Modifications as a result of the revised documents received are presented herein. Portions of the previous - reviews are repeated m this revised review as necessary. Introduction .:... The proposed Oakwood View plans provide for essentially two different improvements on different sides of the property. For the north 1/2 of the site, it is proposed to extend existing Oakwood Lane southerly into the northwest comer of the site a distance of over 500 feet The previous submittal proposed a permanent cul_ de -sac within the property. The most recent plan has revised the street extension to curve toward the west and terminate as a temporary dead -end at the west property line. It would then be intended to eventually extend the street at a later date to provide future access and eventual elimination of the long dead end cul-de- sac. The Oakwood Lane extension would serve the construction of 10 new single family residential properties. The sizes of the single family lots would range between 0.3 acres . and 1.3 acres. The larger lots ould include significant amounts of wetland areas. All lots must meet the City Code requirements for ufficient size without wetland easements. At the southwest corner of the property. is an existing church and parking lot. Proposed is to extend a.. driveway easterly from the existing church property and constructing an enabling. residence (duplex) and parking area Remaining portions of the entire 17 acre property not proposed for grading or improvements are essentially.wetland and/or wooded areas According to the information provided, it is the applicant's intent to Final Plat the property in two stages as .follows: The Enabling (Duplex). Facility in 2004 and the 10 -lot single family properties in 2005..The 'proposed grading and utility construction must therefore consider staging requirements and scheduling needs accordingly; The following additional comments are provided: Drainage and Drainage .Calculations;. Revised drainage calculations, including a HydroCad model dated March 23, 2004 have been provided and have been reviewed. The following comments are provided: • The anticipated high ground water level must be known. The calculations must account for future building and parking lot expansions for the church and/or enabling facility: Details are needed for the . pond outlets. Oakwood View Page 3 City of Lino Lakes, Minnesota Other general comments regarding drainage are as follows: April 7, 2004 : The applicant has indicated that an NPDES Phase 11 permit has been forwarded to the MPCA.: All requirements o f the Permit shall be completed prior to engaging in grading activities.. A Storm Water Pollution. Prevention Plan (SWPPP) has been provided in accordance with NPDES requirements: The Plan must be signed by the applicant. :. • The storm drainage plan requires further information regarding emergency overflows and outlets. For example, the proposed pond at the northwest comer of the property does not show an outlet or overflow location on the grading plan. Existing topography suggests that at least some of the existing drainage for the Oakwood property flows to the west. Therefore, the impact of excess drainage to 'properties located adjacent to the Oakwood property (both east and west sides) must be investigated further. : . Fonds as labeled on the Hydro -Cad model do hot appear to correspond to the ponds as shown on the . grading plan, and must be clarified. Storinwater routing at the south end of the property (Ponds. 2 and 5) proposes the eventual routing of stormwater to the north to Woodridge. Estates by way of a ditch along the east side of the property. It is not known for certain the condition or capacity of the ditch, and the potential impacts of the 100 year HWL beyond the Oakwood View property. It is recommended that this be investigated further. 5. Review and approval of the Rice Creek Watershed District (RCWD) is required Per the previous review, the City received a copy of the Watershed's response to the developer's application, and a copy of a Conditional Approval Pending Receipt of Changes (CAPROC). The following conditions of note are required by RCWD as a result of the CAPROC: • A. Geotechnical soil borings must be conducted and provided to determine depth to the water table and substrate materials. This is particularly needed to ascertain if the proposed rain gardens will function as infiltration basins B. Vegetation specifications must be provided, including deep rooted native vegetation for proposed . rain gardens. A note must be provided on the grading plan providing for. the establishment of vegetation, including incorporation of the City's seed specification as provided. C. ' Pond outlet details must be provided on the Grading Plan and provide skimming capability for up to the 1 -year event The wetland boundaries must be field verified by RCWD staff. E. The 100 -year flood elevation and emergency overflow and location must be provided for each pond and wetland basin. This information is provided on some but not all basins on the grading plan. ' It also appears from the plan that some proposed low floor elevations do not meet the City's Oakwood View Page 4 April 7, 2004 City of Lino Lakes, Minnesota minimum 2 feet above the 100 year flood level and District freeboard requirements over the onsite wetland basins. H. A letter from the City must be provided that addresses responsibility for the management of stormwater management facilities on the property.. 1 'A copy of receipt from the County Recorder must be provided, along with signed notarized copies of legal documents. -An electronic or reduced (11X17) copy of the approved grading plan must be provided. K. A cash surety in the amount of $3500 must be provided..' Utilities It is proposed to utilize the existing sanitary sewer and water lines prior to construction of the 10 unit ,-residential units. An extension of the existing lines to the Enabling Facility would be required: The existing sanitary sewer and water lines are intended to remain in service for the existing church and enabling facility until they are replaced by new lines to be constructed for the Oakwood Lane extension. The existing lines running along the west side of the property would then be abandoned accordingly. • The existing watermain appears to be a very long dead end line. With the extension to the enabling facility, the long length raises at least some concern with regards to adequate pressures and circulation. It is suggested that any options to loop the pipe by way of County Road J be explored with the City. Additional utility easements for the extensions would be required. In addition, the sewer and water extensions to the enabling facility as shown cross beneath existing and proposed wetland and detention areas where minimum cover (8 feet) over the pipes will be compromised. Insulation over the pipes will be required in such instances. Also, infiltration into the sanitary sewer • under the .wetland/pond areas may be of concern, and it is suggested that the sewer be constructed to waterinain tightness standards at that location. ▪ The Plan shall be subject to the review of the City Fire Chief, including the number and location of hydrants. It is recommended that additional hydrants be added near the church and enabling facility. • A detail sheet shall be provided showing the Standard plates and details of the City of Lino Lakes. this would include manhole structures, utilities (hydrants, valves:services, etc.), and storm drain and erosion control details. As previously stated the amount of fill/cover over all sewer and water service pipes shall be a minimum bury depth of 8 feet, and shall be insulated per City of Lino Lakes standards if the minimum cover cannot be attained. Oakwood View : Page 5 April Z 2004 City of Lino. Lakes, Minnesota. . All trenches (including services). shall be backfilled and compacted and meet 100% maximum Standard Proctor Density in the upper 3 -feet from finished road elevation, and 95% maximum Standard Proctor Density below the upper 3 -feet. 7..A minimum of two feet of cover over storm sewer pipe is desired. Other Comments 1 • A final landscaping plan shall eventually be submitted. Sight comer visibilities shall be maintained per City requirements as a hcable.; p r t3' pp 2. Any existing well and septic locations on both the subject property and adjoining properties shall be . confirmed to assure compliance with the Minnesota Department Health. This shall mean that any existing facilities on the subject property shall be removed or capped in accordance with regulations, and that sewer separation distances from any remaining facilities in close proximity shall be attained. The separation distance shall be provided in accordance with the requirements of the Minnesota Department of Health: ▪ Approval of the plat, including access from County Road J will be subject to the review and approval of Anoka County, ▪ As previously mentioned, a geotechnical report has not been provided. Therefore, the existing soils and groundwater levels are not known. All building pad foundations, streets, and utilities shall be constructed on approved materials as required by the City of Lino Lakes, and groundwater levels shall be known in order to ascertain building elevation. requirements ((low floors) with regards to ground and surface water elevations. Many of the proposed units are walk outs adjacent to wetlands, and the high water elevations of the wetlands are not shown on the plan: Building elevations will therefore be subject to further review. • The wetland delineation report must be approved by the Rice. Creek Watershed District. The existing church and proposed' enabling facility will utilize the same driveway access. A cross access agreement or appropriate legal covenant is recommended.' The driveway to the enabling facility has been widened to approximately 20 feet to provide added safety and capacity. Adequate access and mobility for emergency vehicles shall.be provided, and the plan shall be subject to the review and approval of the City Fire Chief. • ▪ A tree inventory plan has been prepared. It is suggested that existing trees be preserved as much as possible and, practical. ; • With the extension of the existing Oakwood Lane dead end, a cul -de -sac of nearly 1000 feet in-length will result This far exceeds the City's maximum standard length of 500 feet. However, this condition may be considered temporary pending future extension to the west, and the City would be . required to waive from its current standard to allow this construction: -97 Memo Environmental To: Jeff Smyser CC: Michael Grochala From: Marty Asleson Date: January 30, 2004 Re:. Recommendations of the February 25, 2004 Environmental Board Meeting The Environmental Board met on February 24, 2004 and made the following recommendations: Rice Creek Covenant Church Land Cover The developer needs to submit a tree preservation plan, and follow the subdivision ordinance for tree preservation plans. • We have identified a few rare -plant conditions on the southern part of the site. Environmental would like time to verify the presence or absence of rare plants. If found, the Environmental Board would like some flexibility in design. • Northern residential site grade plan indicates most of the aspen vegetation on the East Side proposed for removal (Attachment 1). Properties to the West also have rare plant indicators. Since nitrogen (lawn fertilizer runoff) has been shown to remove biodiversity, and Aspen buffers act as good filters for runoff, the Environmental Board would like the developer to look at ways to maintain more of this Aspen edge. The water from this area flows to the East. The Environmental Board would like to see a 50 foot buffer in this area. The Environmental Board would like to see signage at wetlands and drainage, areas informing "no- dumping, cutting or filling." Lighting • No -spill lighting should be. used. Lights should be tumed off after activities are done. • Page 1 -98- Soils • There should be no importing or exporting of soils without City approval. The developer should include a plan for soil compaction prevention outside of construction limits. Surface Water • Would like RCWD input on wetland delineation, particularly on the developer delineation line on the northern part of the Plat. NWl shows quite a larger area surrounding the delineated area with facultative wetland. • Developer should submit the required NPDES control measures and best management practices. Additional rock stockpile should be on hand for when rock entrance fills in. Depressional area in the parking lot should be graded so water flows to it. Landscaping • The City native seed specification should be used in all rain pond areas, or potted plants installed with sufficient mulch to attenuate weed growth. Parking • Look at reducing parking as much as possible since proposed parking is at more than the minimum. Motion by O'Dea, 2 "d Bor to approve Marshan Estates with Environmental Board comments and recommendations. Motion was approved with all in favor. Highland Meadows East 2 "d Addition Tree Preservation The Environmental Board would like the developer to make final determination of some of the trees marked for removal only after further discussion/field meeting with City Environmental and Engineer. • Page2 -99- CRE 00,111110 29 32 HIGHWAY R!W PLAT NO. 4& - 100 '" •• ' , - . . . • . • . • . . . • ' . til,749fiR4' 100:10,Mk" - 444t1-4:14,4,,4t„. .o.11 MGM' - • '4,4...01. AftztailAiri(' ensi es/ ell_ lut0004"44'*- PRELIMINARY PLAT OF ... OAKWOOD VIEW 11-2* 1223 u:se 853'2B'E 29:74 Rice Cheek Covenant Church 125 Ash Steel Lino Lakes, MN 55126 Phone: (651) 486-0692 VICINITY MAP 17,03 Uplan 40,043 6 Total Lot r9v 1I' I TtEEALDEsca>prio2l. 1 the Fast 020.72 foot of the Wad 1120 tat n 312328.! ot E.1 Aunt -- b D,e Wad ,the 1Aer.A of the Southend Quern - • I • of Who SauWr.at Ouerlr, Sudan 31, Boon 22 Inept SW End 340 foot of th. Wert 1120 bat of th. South • '223 that of .old Southeast Coot- of S231h.eot ardor. nano Gamy. Wenaodn 921311 To Zon nah Cn120. 1425 Ara ' • • AREA• BREAKDOWN 15,56 8 316,137 SF f .; 7.26 acres (Church Lot) W.AV.0. mom 201W IIWJOD DELINEATED 1W POl/A4 GROW. • • E.bang Parking V11@hand 1�2g4 uu2T SOr an Prr posed 9 4hablInp . . Rebidence• \ (e; "' 297,226 SF . '\ .23 AC \Dopkx • .wr -,2251 _r,i."- -- prth ib. of South 213 o.; sarattrs EXCEP I IV1Y GRAPHIC SCALE P22 E4a 46 RECEIVED - 10 3 - 2 4 2004 Cpnrltl�cl LAKES . `1-233, Wu et 2Mv to 32. T.P. 31. WO. 21 ant aW. on Inn . om /4...... I GLENN x 4 em2 EHBEIN AAA Mir. .a 123. 31315 CER.Ej11CATE OF SURVEY AND TREE INVENTORY OF OAKWOOD VIEW (Showing Proposed Grading �• I Wo6dtld66 l'5326•E 528:74 rte Mm Rice Creek Covenant Church 125 Ash steal Lino Lakes, MN 55126 Phone: (651) 486 -0692 VICINITY NAP Wetland LRQALDESCRIPTION • • 3 °e M � e72 %A et the Wat 1110 lost aa . 2ew1d d ' • Iloht m21" to the West Ra Mr.e4 N Om smewa4l Romer of tlr Southavl wort.. 5.80. 21, R. 22 • Except 2 fad of aW 34 6wmwt t el TM amiss al Loath dl gusty • • •• Make Camty I41nuate. . Sub}et To Emosmn4 0mtalna 10.60 Arai SEE ATTACHED SHEET FOR TREY T1PE/SRE TABLE RECEIVED • MAR 2 4.2004 CffY OF Low LIE$ XCEPT;O v RAH PWt Hn, 40 GLENN EHBEIN 2 'or 4eon UAWUUU ''VIEW .PRELIMINARY; GRADING PLAN ORAPRIC SCALE : •. • R itch (Rrm) 1.11.a.2. • LEGEND 1 • CLPT- PROP. FINISHED CENTERLINE LP - LOW POINT HP , - HIGH POINT FLOW UNE - STORM STRUCTURE ffi - PROPOSED ELEV. e - PROPOSED STOP . .. SIGN. . . /Z(.1 RAINWATER GARDEN -SP--SF— SILT PENCE '- — EXISTING CONTOUR '- — -® PROPOSED CONTOUR 855.80 SPOT ELEVATION NCEVLATID 86 -VERP P PRE - VEGETATED .EROSION CONTROL BLANKET ROCK CONSTRUCTION .ENTRANCE GDIN,RA. G NHS 1.INSTALL AND MAINTAIN SILT FENCE AS NECESSARY 2.INSTALL ROCK CONSTRUCTION ENTRANCE 3.PLANT RAINWATER GARDENS WITH SUGGESTED W ✓ PLANTS. SEE RAINWATER GARDEN GARDEN •.'INFORMATION 4.SOUD HATCH AREA DEUNEATES RAINWATER GARDENS • S.PROVIDE GRANULAR FILL WITH A INFILTRATION RATE sOF.0.5 "/HR WHERE SHOWN 6.RAINWATER GARDENS TO BE CONSTRUCTED AFTER ' STREET CONSTRUCTOR IS COMPLETE 7.SEED AND MULCH SHALL BE FURNISHED PER THE REQUIREMENTS OF THE CITY OF LINO LAKES — B.MAJORITY OF SITE DRAINS TO NW.CORNER 9.NO WETLAND FILL SHOWN 10.WETLAND DELINEATION PREPARED BY POLARIS GROUP 11.MPCA PERMIT (5 REQUIRED TO WORK ON SITE 12.CITY ENGINEER TO APPROVE TIME FOR THE REMOVAL OF EROSION CONTROL MEASURES • 13.SURMOUNTABLE CURBS SHALL,BE USED DN CITY STREET 14.CONCTRACTOR TO CONTACT GOPHER STATE ONE FOR UTILITY LOCATIONS PRIOR TO ANY WORK 1- 800 - 252 -1166 15.CONTACT WILUAM McCULLY, P.E AT GLENN REHBEIN COMPANIES ® 763 - 784 -0657 ,STORM NOTES 1.DRAINTILE (IF REQUIRED) SHALL BE 6" ADS N -12 PERFORATED WITHOUT 'SOCK 2.SEWER PIPES, STRUCTURES AND APPURTENANCES SHALL ADHERE TO CITY OF LINO LAKES STANDARDS 3.SEE SHEET 3/4 FOR P55 DETAIL tlond PAVEMENT DESIGN 1 Y2" BIT. WEAR TYPE 41 2" BIT. BASE .TYPE 31 6 ".CLV RECYCLED OR CRUSHED A.0 ' RECEIVED MAR 2 4 2004 ire OF LINO LAKES rot -Y aA■m Rant WWI RUT c.r BM 7d � NM= Wart IDLY SR • IWO.. art 51184.. • 1RAaa8 Zan ROCK CONSTRtJCT,ON E RAN • Existing parking ' (Canty Rood '.0 — .EXISTS4G- UTILFA65 ARE.SHOMSIJNJIN:AP8B051UA EL. WAY ONLY. 1HE .CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY. AND ALL EXISTING UTIL111E5, BEFORE COMMENCING WORK. HE OR SHE ' AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING. UTILITIES. t AHn 140. 32). • rx.1 ,y ,ma CRinntlYr9NhNWRd(R�aR -aF-WY .L aE ' aRnR AID, tr11MASR1 .RNRYpiC jZrc TRU W A . ID NORV 1 ROME AS D TRRll pI{ 011A123 GOPHER STATE ONE CALL TIAN CITY AREA (651)' 454 -0002 MN TOLL. FREE 1 -800 -252 -1 66 I ' 1 I L 1 1/2. 2141 mtmtln.m n•.,, PbaS .8.. s..h�� , I. L._ 2' 2331 RnamR.a noa, Taal Coal I I .1 L_ 5' AYaapa4 sa. 10018 Crumbed R.,.I.d Clan a l : L- - -- u' 5.1.3 comb, Rana, 56 Mad. - 1 4' PY0/nua dxvMala a /oak 8412 8/1815 Al Calabpaa. ,b R.Aia- -I ................ Ww.. C.. 4' of D O lep.all and laf Webnaaa,4, • GM ale. bonsai al alai . 8..d, mulch and 21.. amber aaww. 8/W ' . m•R.m :d 818..x1. tI bar. a1 mw aa. a ..auaanen TYPICAL RESIDENTIAL STREET SECTION • • FL- 30' -FL • . BOC- 32'. -BOC . W 1 o P > . . W > c PUNART GRADING, DRAINAGE AND EROSION CONiR(k PLAN :.. O A K W O O D. v I F!n RICE EEK COVENANT ( - 10 5 - EHBE/N Ili - �GLENN ` i glil . . R $ gg ' iiiii n �1- LCNRO J \ LAKES MINNESOTA % \ 0 1