HomeMy WebLinkAbout2004-094 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 04-94
RESOLUTION APPROVING A PRELIMINARY PLAT AND THE ALLOCATION OF
1.37 ACRES OF MUSA RESERVE FOR JUNES ADDITION
WHEREAS, the City has received application for developing property known as Junes property;
and
WHEREAS, the development requires approval of the allocation of Metropolitan Urban Service
Area (MUSA) Reserve and approval of a preliminary plat; and
WHEREAS, a public hearing was held before the Planning and Board on June 9, 2004; and
WHEREAS, the proposed MUSA allocation and preliminary plat meet the requirements of the
City's Growth Management, Zoning and Subdivision Ordinance; and
WHEREAS, the City Council approved Ordinance 18 -04 rezoning the site to R -1X, Residential
Executive for residential development;
• NOW THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes s hereby approves
the allocation of 1.37 acres of MUSA Reserve and the preliminary plat for Junes Addition with
the following conditions:
1. Issuance of the sequencing permit by the Rice Creek Watershed District , based on
Application No. 03 -090.
2. That conditions of the permit from the Rice Creek Watershed District must be met.
3. That location of proposed driveways be shown on a plan prior to final plat approval.
4. That appropriate park dedication fees are provided.
5. That the Engineer's recommendations be included in these recommendations.
6. This resolution shall not be effective until the rezoning approved by Ordinance 18 -04
is in effect.
7. The final plat shall not be approved prior to year 2005 to comply with the growth
management ordinance.
• 8. This approval is based on the following plans and information, and supporting
documentation:
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Preliminary Plat, Grading and Erosion Control plan dated March 15, 2004
Letter to Mr. Wayne Junes from Rice Creek Watershed District dated March 22,
2004
Conditional Approval Pending Receipt of Changes (CAPROC) from the Rice
Creek Watershed District dated May 26, 2004
Notice of Wetland Conservation Act Decision of the Rice Creek Watershed
District dated May 27, 2004
Memorandum to the Lino Lakes Planning and Zoning Board Regarding Growth
Management Policy, Junes Addition from Jeff Smyser dated
June 4, 2004
Passed by the Lino Lakes City Council this /2- 5 day of Tu- 1
ATTEST:
Ann Blai`,JCity Clerk
2004.
John J
ergeson, May
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AGENDA ITEM 6 E i) and ii)
STAFF ORIGINATOR:
CITY COUNCIL MEETING DATE:
TOPIC:
VOTE:
BACKGROUND:
Richard E. Thompson, AICP
July 12, 2004
i) First Reading: Ordinance 18 -04,
Rezoning From Rural to R-1X
ii) Resolution 04 -94:
MUSA Allocation & Preliminary Plat
Junes Addition
3/5 Rezoning Ordinance
3/5 MUSA and Preliminary Plat Resolution
The applicant, Mr. Wayne Junes, is proposing to create three lots from 6.18 acres located north
of 62nd Street and west of West Shadow Lake Drive in Lino Lakes. The property currently has a
home and barn located on proposed Lot 3. Mr. Junes' property is zoned as Rural (R) and he
proposes the property be zoned Residential Exclusive (R -1X). Mr. Junes is requesting that sewer
and water be supplied to the proposed Lots 1 and 2.
The creation of these lots involves the disturbance of approximately 9,771 square feet of
wetland. Mr. Junes has proposed to fill the wetland and relocate the wetland to the rear portion of
Lot 3, where the existing barn is located. The applicant sent this permit request to the Rice Creek
Watershed District (RCWD). The applicant was directed by the RCWD to apply for sequencing
flexibility under WACA, which would allow him to relocate the wetland. This has been done.
This review is based upon information contained in the following documents:
1. Preliminary Plat, Grading and Erosion Control Plan (March 15, 2003)
2. Sanitary Sewer and Watermain Plan (February 25, 2004)
3. RCWD Permit Response Letter, Karl Hammers (March 22, 2204)
4. Wetland Delineation Report (July 25, 2003)
5. RCWD Permit Application (May 21, 2004)
On April 9, 2004 the City sent a letter to Mr. Wayne Junes indicating that an extension for
review was made due to a request for additional information from the Rice Creek Watershed
District per the request to fill a wetland and construct a new wetland.
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ANALYSIS:
Land Use and Zoning
The following is a summary of the proposal:
Gross Site Area 6.18 Acres
Upland Area 1.37 Acres
Total Lots 3
Net Density 2.2 Units /Acre
The table below identifies the guided land use and zoning for the area.
Location
Guided Land Use
Existing Zoning
Site
Low Density Sewered Residential
Rural
West
Low Density Sewered Residential
Rural
North
Low Density Sewered Residential
R -1X
East
Low Density Sewered Residential
R -1X
South
Low Density Unsewered Residential
Rural
The site is within the Stage 1 growth area, although a MUSA allocation of 1.4 acres is necessary.
Properties to the north of 62nd Street can be served by sewer and water. Properties to the south
will not be a part of this service. The comprehensive plan guides the site for Low Density
Sewered Residential, which allows up to three units per acre.
The current zoning for the parcel is Rural. The parcel is located adjacent to Rural and
R -1X land, and as such, it is reasonable to rezone the parcel to Single Family Executive which is
compatible with adjacent uses. This rezoning is consistent with the Comprehensive Plan.
Lot Area Requirements
The proposed zoning of R -1X requires that each lot be no less than 12,825 square feet, or
approximately 0.30 acres. The applicant has proposed to create 3 lots, Lot 1 will have an upland
area of 21,793 square feet, Lot 2 will have an upland area of 17,254 square feet, and Lot 3 will
have an area of 20,468 square feet. All three lots as proposed exceed the minimum square
footage and meet the requirements stated in the Zoning Ordinance.
Setback Requirements
The R -1X District has a minimum side yard setback of 10 feet, rear yard of 30 feet, and front
yard setback of 30 feet. Lots 1, 2, and 3 as proposed meet all of the setback requirements.
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Driveway Location and Access
The preliminary plat map did not initially indicate the proposed location of the driveways for
Lots 1, 2, or 3. The proposed properties would have ingress /egress onto 62nd Street. According
to the owner, the location of the driveways will be approximately 36 feet east of each west
property line. Exact location of these driveways should be coordinated with construction of the
curbs for 62nd Street.
Wetland Relocation and Drainage Easements
The creation of the proposed lots will cause disturbance of a large wetland located on the
property. The applicant applied for a permit from the Rice Creek Watershed District (RCWD).
The applicant proposed filling approximately 9,771 square feet of wetland, and replacing it with
a new wetland created in the rear of Lot 3. In a conversation on May 6, 2004, with Mr. Karl
Hammers from the RCWD, he stated that he would approve the request to fill the wetland if the
applicant applied to the RCWD to qualify for sequencing flexibility under the Wetlands
Conservation Act. Mr. Hammers stated that upon visiting the site, he determined the wetland was
not high quality, and as such, relocating the wetland would be reasonable. On May 26, 2004, the
RCWD approved the wetland replacement plan and granted preliminary approval of the project.
ENGINEERING RECOMMENDATIONS:
1) The Developer is to be aware that the City of Lino Lakes is currently reconstructing 62nd
Street. Prior to final approval of the Site Plans, the Grading Plan must show the changes
that the street project will cause to each of the proposed three lots.
2) Prior to final City approval of the Site and Grading Plans, the Plans need to show that
Lino Lakes City Engineering Standards are being followed. That is, a detail Site and
Grading Plan will need to be submitted before final approval is given.
3) Approval of the preliminary plat will be contingent upon the review and consequent
approval of the City Engineer. Drainage and utility easements along property lines will be
required. Easements over designated wetlands will also be required.
4) Copies to the City of the Rice Creek Watershed District permit approval process.
5) The homes to be constructed must follow City of Lino Lakes design flood elevations. For
this location, the design 100 -year flood elevation to be used is 894.2. The emergency
over flow elevation to be used is 895.3. Thus, City requirements are as follows: low
floor/basement elevation must be two (2) feet above the 100 -year flood elevation, low
floor/basement must be one (1) foot above the emergency overflow elevation and the low
floor/basement elevation must be four (4) feet above the groundwater or normal ponding
elevation.
RECOMMENDATIONS:
i) Approve Ordinance No 18 -04, An Ordinance Amending the Zoning Ordinance of the City of
Lino Lakes by Rezoning Certain Real Estate from Rural (R) to Residential Executive (R -1X)
for the Junes Addition
ii) Approve Resolution No 04 -94, Resolution Approving A Preliminary Plat and the Allocation
of 1.37 Acres of MUSA Reserve for the Junes Addition.
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CITY OF LINO LAKES
ORDINANCE NO. 18 -04
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO
LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO
RESIDENTIAL EXECUTIVE (R -1X) FOR THE JUNES ADDITION
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.lE of the Lino Lakes
Zoning Ordinance:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has found to be consistent with the official City Comprehensive
Plan. The project complies with the land use in the Comprehensive Plan: the site is
guided for Low Density Sewered Residential use. Final platting will not occur until
2005 due to the requirements of the growth management policy. The project will be
consistent with both the MUSA and units /per year limitations of the growth
management policy.
2. The proposed use is, or will be, compatible with present and future land uses of the
area. The site is guided for Low Density Sewered Residential uses. Land to the south
is guided Low Density Unsewered Residential. Land to the west, north and east is
also guided Low Density Sewered Residential. With sewer availability and with the
improvements to 62nd Street, these lots are ready to be converted to Residential
Sewered.
3. Upon compliance with the conditions of approval in Resolution 04 -94, the proposed
use will conform with all performance standards contained in the Zoning Ordinance
and other requirements. The lots proposed meet the requirements and standards of the
R -1X District.
4. The proposed use can be accommodated by existing public services and will not place
undue burden on the City's service capacity. Sanitary sewer service will be available
on 62nd Street with completion of the road reconstruction this year. Water service
will also be available with completion of this road construction. Both systems have
adequate capacity.
5. Traffic generation by the proposed lots is within the capabilities of streets serving the
properties. All lots will be served by the newly constructed 62nd Street, which can
easily handle the additional traffic.
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Section 2
The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the
City Council on March 23, 2003, is hereby amended by rezoning from R to Rl -X,
Residential Executive, pursuant to the provisions of the Zoning Ordinance of the City of Lino
Lakes, the following described real estate:
(see Attachment A, legal description)
Section 3
As amended above, said Zoning Ordinance shall stand as initially passed and previously
amended.
Section 4
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:
Ann Blair, City Clerk
John J. Bergeson, Mayor
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RESIDENTIAL MUSA ALLOCATION 2003 2004 2005 2006 2007 2008 2009
TOTAL
annual target
36.0
36.0
36.0
36.0
36.0
36.0
36.0
252.0
27.7
55.0
20.9
3.7
1.4
0.7
0.0
Stoneybrook
27.7
Century Farms North
15.3
11.4
13.5
5.4
9.4
Ravens Hollow
20.9
Justin's Preserve
3.7
Junes Addition
1.4
West Shadow Ponds 2nd
0.7
Pheasant Hills 12th Addn
4.5
total
43.0
40.5
15.6
5.4
9.4
0.0
0.0
113.9
remaining of annual 36 -7.0 -4.5 20.4 30.6 26.6 36.0 36.0
138.1
exceeds target by
19% 13%
as oil/023, 2004
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
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
1
Ravens Hollow
56
0
56
56
Haley Manor (10 new lots)
10
10
10
Crystal Cove
3
3
3
Millers Crossroads
152
22
47
51
32
152
Lakeview Estates (2 new)
2
2
2
Snell (minor subdivision)
0
1
1
Pheasant Hills Pres. 13th
1
1
1
Justin's Preserve
1
1
1
Marshan Estates
4
4
4
Rice Creek Church duplex
2
2
2
Rice Church: Oakwood View
10
10
10
proposed
0
Highland Meadows East 2nd
18
18
18
Pheasant Hills 12th island
8
8
8
West Shadow Ponds 2nd Add
1
1
1
Junes Addn
2
2
2
Marshan Townhomes 2nd
23
23
total
51
148
176
165
75
33
0
0
597
remaining of annual 147
remaining of 1029 for pre -2010
exceeds target of 147 by
percent
-1
1
-29 -18 72 114 147 147
29
18
0.7% 19.7% 12.2%
432
•
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LANDUSEPLAN
PROPOSED LAND USE
Low Density
Sewered
Residential
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Zoning Map Detail
• GRAPHIC SCALE
(0100107
1 het e0 R
Poch el 000,110. le Anuned,
StO
property esendp0on
The South 650.00 feet d the Eyed hdl of the Nest 0df at the Southward wader
0? 00 Nath500 Warta al Se,Iton 32, EXCEPT the West 100.00 feat thereat, and
E %CFPT Ilw SwU 10.00 lee! MeeeeQ Alq
0? O,0 Nalh ooI 100,77, let 0.0073, 02, 000170 7Fe 0001ht40.W resit IM1ae7 v00,
M h Tannol p 01, Range 22. Andra Cmmt0 elareeata.
fie Sao 0 the of IFe Southwest 1/4 01 the Nor0eeel 1/4 of Seathm 22
1 Fenby 01,111y Ihol IN. 'storey woe prepared
11 1110 a under my *eel mpereel, and No.
that 1 en; a duly Peplelened Land 5uraepur —
under the bee of the Stele al lane* lo.
x.odu.M.ein
Todd P. mein, PLS
Date J /ld/ v Ham. Poo. No. 15011
=coee 0111,7ae
T01d AaZOpe 0r Hot e16
Tvld Aaevge of aplend 1.07
Propane Zoning 11-10
Ed IF, Salacs
Prepeeed Soriano
Creation Wetland Cross — Section
0A
A0111 naIS / PENSIaa5
74(0 'PPVO COMMENTS
d
Q
Mattke Surveying & Engineering, Inc.
7671 Central Avenue NE
Fridley, MN 55432
(612) 783 -0300
P0.
Wayne Junes
4002
(700) 442 -1470
,,,c Junes Addition
Preliminary Plat,
000v100 env Grading d0, Erosion Control Plan
WAON 00003775014(5 1WN Pm50.
.1110100 001(13/05/03
WA700
OF