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HomeMy WebLinkAbout2004-140 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 04 -140 RESOLUTION APPROVING THE ALLOCATION OF MUSA RESERVE AND PRELIMINARY PLAT FOR SPEISER ACRES WHEREAS, the City has received an application for preliminary plat approval for property currently described to -wit: See Exhibit A and WHEREAS, the applicant is proposing to subdivide the property into three parcels described as: Lots 1 -3, Block 1, Speiser Acres ; and WHEREAS, the preliminary plat approval request is based on the following submittals: 1. Preliminary Plat of Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. 2. Survey of Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. 3. Lot 2 Detail, Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. WHEREAS, at their meeting on September 8, 2004, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat subject to the conditions listed in the meeting minutes; and WHERAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Speiser Acres subject to the following conditions: 1. Lot 2 shall connect to city sanitary sewer and water. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication of $1,665 shall be paid. City Council Speiser Acres September 27, 2004 • 4. Permit from the Rice Creek Watershed District prior to City Council approval of a final plat. BE IT FURTHER RESOLVED that 1.5 acres of MUSA reserve for the year 2004 be allocated for Tots 2 and 3 of Speiser Acres; and that 5.0 acres of MUSA reserve for the year 2005 be allocated for the properties addressed as 441 Birch Street, 461 Birch Street, 473 Birch Street, and 495 Birch Street. Passed by the Lino Lakes City Council this 27th day of September 2004. JohnVJ. Bergeson, Mayor ATTEST: Ann Blair, Cit lerk • • EXHIBIT A • LEGAL DESCRIPTION That part of Government Lot 6 lying Fasterly of Shenandoah 3rd Addition and lying Southerly of the following described line: Beginning at Northeast comer ofblock5, Shenandoah 3rd Addition, thence Southeasterly to Southeast corner ofsaid Government Lot 6 and there terminating; subject to easement ofrecord and The South 229.74 feet of the East 104.35 feet of the West 744 feet ofthe Northwest quarter of the Southwest quarter of Section 29, Township 31, Range 24 Anoka County; Minnesota, said distance being measured parallel to the South and West lines of said Northwest quarter of the Southwest quarter, (Subject to an easement for road purposes over the Southerly33 feet thereoi)(Except part platted as Anoka County Highway Right-Of-Way Plat Number 11) and The Northwest quarter ofSouthwest quarter of Section 29, Township 31, Range 22, Anoka County, Minnesota, Except the South 229.74 feet of East 104.35feetof West 744feet thereof, also except F.ast208.7feet of West 952.7 feet of the South 208.7 feet ofsaid quarter quarter, also except that part ofsaid quarter quarter described as Mowing: Beginning ata point on South line ofsaid quarter quarter 1145 feet East ofSouthwest Comer thereof, thence North parallel with West line ofsaid quarter quarter 615feez thence East parallel with said South line 169.75 feet plus orminus to East line ofsaid quarter quarter, thence South along said East line 615 feet plus di orminus to Southeast comer ofsaid quarter quarter, thence West along said South line 169.65 feet plus orminus to point ofbeginning; also except that part ofsaid quarter quarter described as following. Beginning at Southeast comer of Shenandoah 3rd Addition, thence South 89 degrees 17 minutes 25secondsEas4 assumed bearing along South line ofsaid quarterquarier 140.82 feel thence North 00 degrees 43 minutes 14 seconds East 314.73 feel thence North 03 degrees 20 minutes 01 second West 134.58 feet thence North 89 degrees 17minutes 35seconds West 131.09 feet to East line ofsaidAddition, thence South along said East line to point ofbeginning, also except that part platted as Shenandoah 3rd Addition, except road subject to easements ofrecord • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: September 27, 2004 TOPIC: Resolution Number 04 -140 Preliminary Plat Allocation of MUSA Reserve Acres Speiser Acres ACTION REQUIRED: 3/5 vote BACKGROUND Jeff and Marni Sawyer have requested approval of a single family residential development called Speiser Acres. The property within the new subdivision consists of three existing lots, one with an existing single- family dwelling, and two lots of vacant land. The lot for the existing single - family dwelling will be enlarged to include the land on which some accessory buildings have been constructed. Another single - family residential lot with frontage onto Birch Street will be created, and the remaining acreage will be combined into one large lot. This application highlights an unusual situation that should be corrected. There are five existing homes on the north side of Birch Street that are outside of the MUSA boundary. Two of the five are on city sewer, and one of the five is on city water. As part of building a new single family dwelling on the single - family residential lot created by this plat, city utility connection will be required for the new lot. To prepare for the possibility of future utility connections along Birch Street, the city should allocate MUSA reserve to all of the lots fronting on Birch Street, with the exception of the large `outlot' being created as part of this plat. That lot should not have MUSA allocation until such time as further development occurs. Lot 1 of the proposed preliminary plat is a large `outlot that is zoned R -1 (Single Family Residential) and could be developed accordingly in the future. Though Lot 1 has frontage on Birch Street, that frontage is within the wetland portion of the lot. The upland portion of Lot 1 is primarily on the west side adjacent to the Shenandoah Third Addition and is provided access from the adjacent subdivision in the form of Sioux Lane. To accommodate the development proposal, the following approvals are necessary: 1. Preliminary Plat 2. Allocation of 6.5 acres of MUSA reserve -23- • Speiser Acres Page 2 ANALYSIS The following is a summary of the of the proposal: Gross Site Area 30.476 Acres Upland Area 17.159 Acres Total Lots 3 Gross Density 0.1 units per acre Net Density 0.18 units per acre Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. • • Location Existing Land Use Guided Land Use Existing Zoning Site Single Family Dwellings, Vacant Low Density, Sewered Residential R -1 North County Park Public / Semi - Public PSP South Single Family Dwellings Low Density, Sewered Residential R -1 East County Park & Single Family Dwellings Public / Semi- Public & Low Density, Sewered Residential PSP & R -1 West Single Family Dwellings Low Density, Sewered Residential R -1 Growth Management, MUSA Reserve: Growth Management, Units/Year: The proposed plat will not result in a net increase in the number of buildable lots within the city, and as such does not create any issue with the Growth Management Policy or the Comprehensive Plan regarding the number of lots created. • • • Speiser Acres Page 3 MUSA Reserve: The attached table depicts the status of the staging plans for allocating MUSA reserve acreage for new /existing residential units that will connect to city utilities. The proposed plat will result in the potential for the five existing lots to fully connect to city utilities at the discretion of the property owners. Though the annual target of 36 acres for 2004 has been reached, a portion of the 20% flexibility allowance remains. Accordingly, staff is recommending allocating 1.5 acres of 2004 MUSA for lots 2 and 3 of Speiser Acres, and 5.0 acres of 2005 MUSA for the other lots on the north side of Birch Street. The `new' single - family residential lot will be required to connect to city utilities as part of the platting process. Stoneybrook Century Farms North Ravens Hollow Justin's Preserve Junes Addition 27.7 27.7 15.3 11.4 13.5 5.4 9.4 55 20.9 20.9 3.7 3.7 1.4 1.4 Total Allocation 43.0 43.1 20.6 5.4 9.4 0.0 0.0 West Shadow Ponds 2nd Pheasant Hills 12th Addn Speiser Acres Percentage of Target 119% 0.7 43% 15% 26% 0% 0.7 45% 5.6 0 0 15.4 30.6 26.6 4.5 36.0 1.5 5.0 6.5 Total Allocation 43.0 43.1 20.6 5.4 9.4 0.0 0.0 121.5 Percentage of Target 119% 120% 43% 15% 26% 0% 0% 45% Remaining Allocation 0 0 15.4 30.6 26.6 36.0 36.0 130.5 Preliminary Plat Lots: The minimum lot size in the R -1 (Single Family Residential) zoning district is 10,800 square feet of upland. The three lots being created by the proposed plat will consist of 677,192 square feet, 22,002 square feet, and 48,252 square feet respectively. Streets: No new streets are needed or proposed as a part of the proposed preliminary plat. A new driveway from Birch Street will be needed for Lot 2, which is required to be a minimum of five feet from a side property line. No additional right -of -way is necessary on Birch Street, as it already has the complete 60 feet of right of way needed from centerline. • • Speiser Acres Page 4 Wetlands: Wetlands are delineated within Lots 1 and 2 of the proposed preliminary plat. Drainage and utility easements cover those wetland areas. The project does not include any wetland impacts. Park Dedication: The current subdivision ordinance includes park dedication requirements, as adopted in 2001. Park dedication is $1665 per residential unit, less any land dedication. There is no land dedication needed, so the park dedication will be $1665. An existing trail on the north side of Birch Street adjacent to lots 2 and 3 of the proposed preliminary plat will not be affect by the proposed preliminary plat as it lies within the Birch Street right -of -way. Utilities: The new dwelling proposed to be built on Lot 2 will be required to connect to city sewer and water as a part of this request. The existing house included in Lot 3 of the proposed plat is not connected to city utilities, however it will be required to connect when the on -site septic system fails. Grading and Drainage: Easements are required adjacent to property lines (5 feet side -yard and 10 feet front and rear - yards). The plan is also subject to review and approval from the Rice Creek Watershed District. ENVIRONMENTAL BOARD The Environmental Board reviewed the project at the August 25, 2004 meeting. Recommendations are attached. PLANNING AND ZONING BOARD The above report was presented to the Planning and Zoning board at the September 8th meeting. After consideration of the issues, the board voted to recommend approval of the proposed preliminary plat and allocation of MUSA reserve. CONDITIONS OF APPROVAL 1. Lot 2 shall connect to city sanitary sewer and water. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication of $1,665 shall be paid. 4. Permit from the Rice Creek Watershed District prior to City Council approval of a final plat. • • • Speiser Acres Page 5 OPTIONS. 1. Approve Resolution 04 -140 and the proposed preliminary plat, including the following: a. Allocation of 1.5 acres of 2004 MUSA reserve b. Allocation of 5.0 acres of 2005 MUSA reserve c. Preliminary Plat, with conditions. 2. Deny Resolution 04 -140 and the proposed preliminary plat. 3. Return to staff with direction. RECOMMENDATION Staff recommends approval of Resolution 04 -140 and this preliminary plat request. This review is based on the following plans and information: City Engineer Comments dated September 3, 2004 Environmental Board Comments, August 25, 2004 Certificate of Survey, received August 27, 2004 Preliminary Plat, received August 27, 2004 Preliminary Grading and Utility Plan, received August 27, 2004 MARSHAN LAKE 1 Qum i0°N1211 em SNMI Qom! MEE WIM Om - MEWS �!0 MEM MEM m MINIM 111•111111 rrr��s �N e MUM MUM WWI 1 ENNEIRA 11111Mi 111:11o1o1Ell 11=e113-ate MINIM MI� RES ,1 Eta: eel Winn_ memo ©m�mo�i ¢��000n�o�°� L Q i — s GGOm1 �v -o�� �95�F�a 10 • TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: James Studenski, City Engineer . Reference: Speiser Acres 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink, P.E. Date: September 3, 2004 Comm. No. 12976 -002 Routing: A review of this proposed plat was previously provided in a Memorandum dated August 27, 2004. Since that date, an updated copy of the Preliminary Plat has been received. This review is therefore essentially a repeat of the August 27 memo with some adjustments as appropriate. The proposed Preliminary Plat of Speiser Acres consists of an unplatted area of property approximately 32 acres in size. The property is located along the north side of Birch Street (County Road 10) just east of Hokah Drive, or .30 mi. east of Hodgson Road (County Road 23). The proposed plat essentially provides for the re- sizing of 3 lots; 2 smaller lots along Birch Street (Lots 2 and 3) and a larger lot (Lot 1) that 41) encompasses the majority of the property and extending to the north limits bordering the Anoka County Chain of Lakes Regional Park. Much of this larger northerly area of the property is covered by wetland. • This review is based upon the following: A Preliminary Plat prepared by Advance Surveying and Engineering Company received by the City of Lino Lakes August 27, 2004. The following review comments are provided: 1. The proposed subdivision will require the review and approval of the Rice Creek Watershed District (RCWD). Rules indicate that any subdivision of property over 5 acres in size requires a permit from RCWD. 2. A new dwelling unit is proposed for Lot 2, and an existing dwelling is to remain on Lot 3. For the new dwelling unit, the lowest floor elevation is proposed at 891.7. The rear wetland area is listed as having a 100 year flood elevation of 886.0. The applicant shall be reminded that in accordance with the requirements of the City of Lino Lakes, the City's minimum building elevation floor elevation (including basement), must be the greatest of the following: 2 feet above the Design Flood Elevation, or 4 feet above the water table. The lowest building opening must be at least 1 foot higher than the emergency overflow elevation. As proposed, the building would appear to meet at least part of the above criteria, but would need to be verified further with regards to groundwater and emergency overflow requirements. An Employee Owned Company °—" ^^ Affirmative Action and Equal Opportunity - 29 - Speiser Acres Page 2 September 3, 2004 City of Lino Lakes, Minnesota • 3. The Contractor shall be responsible for obtaining an NPDES Permit and Storm Water Pollution Prevention Plan in accordance with State of Minnesota Law if grading will amount to 1 acre or greater. This would also require providing to the City a copy of the Stormwater Pollution Prevention Plan (SWPPP), required as part of the NPDES submittal. If the actual area of property to be disturbed is less than 1 -acre, an NPDES permit will not be required. For any side grading, regardless of the acreage, sedimentation and erosion control measures shall be required in accordance with the City of Lino Lakes. 4. Platted drainage and utility easements (standard requirement of the City of Lino Lakes) must be provided adjacent to property lines (5 ft. sideyard and 10 ft. front and rear). A drainage and utility easement has been provided on the plat to encompass the wetland area. 5. Lot 1 is accessible (potentially /future) from Hokah Drive /Sioux Lane located 0.3 mi. north of Birch Street. Lot 1 (with the exception of the wetland area) would appear to be generally higher ground with potential for future development. However, any future intent is not shown or indicated per the information submitted. It is therefore recommended that access and utility provisions for Lot 1 be addressed at this time. 6. Any new or upgraded access to Birch Street shall require the review and approval of Anoka County. 7. Proposed sewer and water utility connection services have been added to the plan. The sizes of the mains and services must be provided, and the locations shown for the existing mains are incorrect. Notes and details must be included with plans providing for adherence to the standards and requirements of the City of Lino Lakes. This shall include standard details for watermain and sanitary sewer services and appurtenances, and notes referring to utility construction requirements of the City of Lino Lakes and Utility Specifications of the City Engineer's Association of Minnesota (CEAM) as applicable. Any work within the right of way of Birch Street shall require the review and approval of Anoka County along with a permit from the County. 8. The proposed plat subdivision and construction must adhere to Floodplain and Shoreline Management requirements of the City of Lino Lakes as applicable. • • • • Memo To: Paul Bengtson CC: Michael Grochala From: Marty Asleson Date: August 31, 2004 Re: Recommendations of the August 25, 2004 Environmental Board Environmental The Environmental Board met on August 25, 2004 and made the following recommendations: Speiser Acres 1. A native plant buffer should be planted on the North side of the property 2. No soils should be imported or exported with out City approval. 3. Additional surface water from the site should be directed as much as possible to the existing depression and swale area existing on the site. The suggestion was made to connect the depression area with the swale area if possible. 4. 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