HomeMy WebLinkAbout2004-095 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 04-95
RESOLUTION APPROVING A PRELIMINARY PLAT AND THE ALLOCATION OF
0.74 ACRES OF MTJSA RESERVE FOR WEST SHADOW PONDS 2ND ADDITION
WHEREAS, the City has received application for developing 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 19 -04 rezoning the site to R -1X, Residential
Executive for residential development;
NOW THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves
the allocation of 0.74 acres of MUSA Reserve for the West Shadow Ponds 2nd Addition.
BE IT FURTHER RESOLVED that the City Council approves the preliminary plat for West
Shadow Ponds 2nd Addition subject to the following conditions:
1. That driveway access for Lot 2 is determined.
7
After the existing house is burned, the City Engineer may issue a grading permit if the
development agreement is not yet completed to allow for removal of demolition debris,
filling the hole, and performing preliminary grading to avoid creation of safety hazards and
to improve the appearance of the lot.
3. The easement around the wetlands must include additional buffer as proposed by the
applicant. Wetland and buffer areas are to be identified with signs saying no fill, cutting, or
dumping. Native seed mix from the City's list is to be used in these areas.
4. That the Engineer's recommendation be addressed prior to submission of the final plat.
5. The Project shall not be final platted until 2005 to comply with the City's growth
management policy.
6. Park dedication shall be cash.
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7. This approval is based on the following plans and information, and supporting
documentation:
- Preliminary Plat, Grading and Erosion Control plan
Passed by the Lino Lakes City Council this /2,P-1.- day of 0c4,0144.-- 2004.
ATTEST:
Ann Bl
City Clerk
John J. B geso� Ma (or
- 44 - Resolution 04 -95, page 2
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STAFF ORIGINATOR:
C. C. MEETING DATE:
TOPIC:
VOTE:
BACKGROUND:
AGENDA ITEM 6 C i. and ii.
Richard E. Thompson, AICP
October 11, 2004
i. Ordinance 19 -04: Rezoning to R -1X, Single Family Executive
ii. Resolution 04 -95: MUSA Allocation and Preliminary Plat
West Shadow Lake Ponds 2nd Addition
3/5 ordinance for rezoning
3/5 resolution for MUSA and preliminary plat
KCR Investments, LLC has submitted an application to subdivide an existing lot into two lots.
(See Attachment 1.) This will require a rezoning from Rural to R -1X, a preliminary plat, and the
allocation of 0.74 acres of MUSA Reserve. The site is guided for Low Density Sewered
Residential land use and is within the Stage 1 (pre -2010) growth area.
The project involves filling some wetland to create buildable area for one of the proposed lots.
Filling a wetland needs approval of the wetland mitigation from the Rice Creek Watershed
District. The applicant has revised his proposal to minimize wetland fill to 394 square feet,
which qualifies as a de rninimus wetland fill.
The notification for a public hearing was published and mailed to surrounding property owners.
The Planning and Zoning Commission opened the public hearing and continued it to the
June 9, 2004, meeting.
Reconstruction of 62nd Street occurred this summer. Sanitary sewer and water was extended
west from the intersection with West Shadow Lake Drive to serve this property.
ANALYSIS:
Land Use and Zoning
The following is a summary of the proposal:
Gross Site Area
Upland Area
Total Lots
Net Density
1.00 acres
0.74 acres (16,832 square feet & 15,241 square feet)
2
2.7 units /acre
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West Shadow Ponds 2nd Addition
page 2
In the Comprehensive Plan, the parcel is guided for Low Density Sewered Residential. Land to
the east is already subdivided into low density unsewered residential; land to the south is guided
as low density unsewered residential, and land to the west and north is guided as low density
sewered residential. The project will need MUSA Reserve acres. The site is within the stage 1
growth area. The proposed land use chance is consistent with the Comprehensive Plan.
The site is zoned Rural. The parcel is adjacent to R -1X on the north and is guided for sewered
residential use. The rezoning is consistent with the Comprehensive Plan.
Lot Area Requirements
The proposed zoning of R -1X requires that each lot have no less than 12,825 square feet of
buildable land. Proposed Lot 1 will have 16,832 square feet of buildable and, while Lot 2 will
have 15,241 square feet of buildable land. Both lots as proposed will meet the minimum lot size
requirements of the R -1X Single Family Residential District.
Setback Requirements
The R -1X District has a minimum side -yard setback of 10 feet, rear yard setback of 30 feet, and
front yard setback of 30 feet. Both lots as proposed can meet setback requirements of this
District.
Driveway Location and Access
The plat map provided does not indicate the proposed locations of the driveways for Lots 1
and 2. The driveway for the existing house on Lot 1 enters 62nd Street. Given the topography of
Lot 2, the driveway for this lot should enter 62nd Street as well.
Wetland Fill and Mitigation
The applicant is proposing to fill 394 square feet (0.01 acres) of a wetland on proposed Lot 2.
The Rice Creek Watershed District has issued its permit for the project.
Parkland or Payment in Lieu
Since this parcel is too small for any kind of park land dedication. payment in lieu consistent
with the City's requirements will be required.
ENGINEER RECOMMENDATIONS:
• 1) The Developer is to be aware that the City of Lino Lakes is currently reconstructin g 62nd
Street. Prior to final approval of the Site Plans, the Grading Plan must show the changes
that the street project with cause to each of the proposed lots.
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West Shadow Ponds 2nd Addition
page 3
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 detailed 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) 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.
LOT IMPROVEMENTS:
The applicant has donated the house on the property to the Lino Lakes Fire Department for a
train-Frig exercise. When the house is demolished, the applicant would wish to remove the
demolition debris and preliminarily fill the void and grade the site. Cleanup, filling, and grading
would remove any hazard posed by the demolition and would improve the site aesthetically. If
the development agreement has not been completed by then, the City Engineer may issue a
grading permit for minor earth moving.
ENVIRONMENTAL BOARD
The Environmental Board reviewed the project on May 26 and recommended approval.
PLANNING & ZONING BOARD
The P & Z held a public hearing on the project on May 12 and June 9. The Board recommended
approval.
OPTIONS
1. Approve the application with the following:
i. Ordinance 19 -04, approving the rezoning from Rural to R -1X.
• ii. Approve Resolution trop 04 -95, approving the MUSA allocation and preliminary plat.
•
2. Deny the project with findings.
RECOMMENDATION
Option 1
This review is based on the following information:
1. Preliminary Plat Grading and Erosion Control Plan.
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West Shadow Ponds 2"d Addition
page 4
• • West nd h •
Shadow Ponds 2nd Adcho,�
page 1
as of September 29, 2004
RESIDENTIAL MUSA ALLOCATION
2003 2004 2005 2006
annual target
36.0
36.0
36.0
36.0
36.0
36.0
36.0
252.0
Stoneybroolc
27.7
27.7
Century Farms North
15.3
11.4
13.5
5.4
9.4
55.0
Ravens Hollow
20.9
20.9
Justin's Preserve
3.7
3.7
1.4
0.7
Junes Addition
1.4
Pheasant Hills Preserve 12th
5.6
Speiser Addition
1.5
Birch St.: 441, 461, 473, 495
5.0
proposed
West Shadow Ponds 2nd
0.7
total
43.0
43.1
20.6
5.4
9.4
0.0
0.0
121.5
remaining of annual 36 -7.0 -7.1 15.4 30.6 26.6 36.0 36.0
130.5
Phasing plans by year (lots /units to be final platted) as of September 29, 2004
LOTS /UNITS
Development Name
approved prelim. plats
Prelim
Plat
year
end
2002
2003
2004 2005
• West Shadow Ponds 2 "' Addition•
2006
2007
2008
2009
2003 -09
total
max.
Stone brook
103
51
2nd Addn
52
52
Century Farms North
249
56
65
52
43
33
249
Keefe: prel plat, not final plat
1
1
1
Morton (minor subdiv)
1
1
Ravens Hollow
56
56
56
Haley Manor (10 new Tots)
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
Junes Addn
2
2
2
Highland Meadows East 2nd
18
18
18
Marshan Townhomes 2nd
23
23
Pheasant Hills 12th island
8
8
8
proposed
West Shadow Ponds 2nd Add
1
1
1
Fox Den Acres (resubmittal)
56
11
45
56
total
51
148
176
176
120
33
0
0
653
remaining of annual 147
remaining of 1029 for pre -2010
exceeds target of 147 by
percent
-1
-29
-29
1 29 29
0.7% 19.7% 19.7%
27
114
147
147
376
page 2
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CITY OF LINO LAKES
ORDINANCE NO. 19-04
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 WEST SHADOW PONDS 2ND 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
and east is guided Low Density Unsewered Residential.. Land to the west and north is
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 -95, 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 is available on
62nd Street. Water service also is available. Both systems have adequate capacity.
5. Traffic generation by the proposed lots is within the capabilities of streets serving the
• properties. Both 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 Rural to R1 -X, Single
Family Executive, pursuant to the provisions of the Zoning Ordinance of the City of Lino
Lakes, the following described real estate:
The North 189.08 feet of the South 229.08 feet of the West 230.36 feet of the East
1/2 of the East %2 of the Southwest 1/4 of the Northeast 1/4 of Section 32, Township
31, Range 22, Anoka County, Minnesota.
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
- 4 2 -
Ordinance 19 -04. nape 2
Memo
,s1
Environmental
To: Jeff Smyser
From: Marty Asleson
CC: Michael Grochaia
Date: June 1, 2004
Re: Environmental Board Recommendations From 5/26/04
The Environmental Board made the following recommendations at the May 26, 2004
Environmental Board meeting:
Marshan Townhomes rd Addition
1. Ensure that the fighting plan conforms to the City code.
2. Make changes to the landscape plan species list as per December 3rd
Environmental Board recommendations:
• . Change Black ash to Green ash or one of the native oak species.
• Change Colorado spruce to white spruce.
• Change Austrian pine to Red or White pine.
• Change Autumn applause to Northern pin oak.
3. Reduce impervious parking surfaces if possible.
4. No soils should be imported or exported with out City permission.
5. Deep tilling should occur on all planting areas.
• Page 1
-45-
•
6. Re -seed native seed in pond area. Use the City specifications. This should be
coordinated between the City, Developer, and the existing town home
association.
7. All sod areas should be irrigated.
Motion made recommending to approve by Grundhoffer, 2nd by O'Connell
were in favor.. ,all
West Shadow Ponds 2nd Addition
1. Wetland areas and buffer areas proposed are identified with signage describing
no fill, cutting or dumping.
2. The City should approve all imported or exported soils.
3. All soils to be restored with plantings should be deep tilled to a minimum de
6 to 8 inches before planting. pth of
4. Item 5a of deed restriction document include language that includes
specifications for City native seed mix in buffer areas if disturbance occurs or
replanting occurs.
5. Show the location of tree preservation fences on the plan.
Motion to recommend approval with suggestions made by Bauman, 2nd by
O'Connell, All were in favor.
a Page2
-46-
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LANDUSEPLAN
PROPOSED LAND USE
West Shadow Ponds
2nd Addn
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Zoning Map Detail
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7571 Central Avenue NE
Fridley, MN 55432
(612) 783 -0300
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PR0.1:cr RILE West Shadow Ponds 2nd AddiGol
Preliminary Plat -- Lot Split
mama 55.E Grading & Erosion Control Plan
ORA*. 04011 nromovto 71.21 ' I 0001100
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