HomeMy WebLinkAbout2003-017 Council Resolution•
CITY OF LINO LAKES
RESOLUTION NO. 03-17
RESOLUTION APPROVING A MINOR SUBDIVISION OF PROPERTY IN THE
NE1 /4 OF THE NE IA OFSECTION9
WHEREAS, the City of Lino Lakes has received an application from SSR & W
Development, LLC, for a minor subdivision of land, and
WHEREAS, the application includes land in:
The south 1/2 of the north 1/2 of the NE 1/4 of Section 9, Twp. 31 Range 22,
subject to easement of record
and
The east 66 feet of the north 1/2 of the NE 1/4 of the NE 1/4 of Section 9, Twp
31 Range 22, except road, subject to easement of record.
and,
WHEREAS, the PID numbers of the property are 09 31 22 11 0010 and 09.31 22
11 0001, and
WHEREAS, the application complies with the minimum lot size of 10 acres in the
Rural Zoning District, and
WHEREAS, the City has reviewed the application with consideration of the 2001
Comprehensive Plan, the 2001 Transportation Plan, and the 1999 TH 242/CSAH
14 Access Management Study, and
WHEREAS, it is necessary for the City to preserve future right of way to
implement those plans and study and to protect the public health, safety, and
welfare,
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves,
with conditions, the minor subdivision as indicated and described on the attached
document entitled " Proposed Minor Subdivision For: Willard Morton" prepared by
Glenn Rehbein Companies, Inc., and dated October 24, 2001, except for the
revisions described in and required by the conditions of approval below.
BE IT FURTHER RESOLVED that the following conditions apply:
1. A street, drainage and utility easement shall be dedicated to the City. The
easement shall include the eastem 33 feet of the subject properties from
Main Street to the existing Duffee Drive.
• 2. A revised survey showing the street, drainage and utility easement and a
deed for the easement shall be submitted and reviewed by the City before
the City certifies this resolution or any deed or document approving the
minor subdivision. The revised survey shall not include additional
easement for Dupont Ave. right of way.
3. Park dedication of $1,665.00 shall apply and shall be submitted before
the City certifies the resolution or any deed or document approving the
minor subdivision.
4. The existing 66 foot wide parcel (PID 09.31.22.11.001) shall be combined
with the newly created 10 acre parcel. An Anoka County application for lot
combination shall be executed and submitted for review by the City prior
to the City certifying the resolution or any deed or document approving the
minor subdivision. Certification of the lot combination shall be submitted
to the City prior to the issuance of a building permit for the subject
property.
5. Any driveway improvements necessary to satisfy emergency vehicle
access requirements, as required by the City Zoning Ordinance, shall be
the responsibility of the property owner.
Adopted by the Lino Lakes City Council this 10th day of March, 2003
JohnGJ. Bergesol'i, Mayor
ATTEST:
Ann Blair, jty Clerk
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STAFF ORIGINATOR:
C. C. MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 7D
Michael Grochala
March 10, 2003
Resolution No. 03 -17 Approving Minor
Subdivision, NE % NE % of Section 9
SSR & W Development, LLC (Willard
Morton)
Simple Majority
Mr. Willard Morton's firm, SSR & W Development, LLC, owns property in Lino
Lakes. The SSR & W property includes 80+ acres in Section 9. The application
is to split off 11 acres from an existing 40 -acres parcel, and combine the new 11-
acre piece with a one -acre strip that connects to Main St. SSR & W would then
sell the new lot to allow for a new home site. Staff understands that Mr. Brad
Racutt wants to buy the property and build a new home.
The application raised numerous important issues regarding implementation of
the long -range plan for the City, as represented in the comprehensive plan. The
City Council discussed this application at its work session on November 20,
2001. Staff prepared an option that included the dedication of a partial right of
way. Mr. Racutt rejected the option, and both he and Mr. Morton waived the
statutory deadlines for City action on the application.
On January 9, 2003, we received a letter that rescinded that waiver and re-
started the period allowed for City action. On January 21 we received a request
for approval of the minor subdivision with the partial easement.
The proposal was again reviewed by the City Council on February 11, 2002. City
staff, citing issues raised during the revision of the City's subdivision ordinance
and possible public safety issues recommended that the application be denied.
The City Council tabled the application and requested that it be sent back to the
Planning_ & Zoning Board for further review.
SSR & W Minor Subdivision
page 2
ANALYSIS
The land use and zoning are shown in the following table.
The comprehensive plan guides the site for low density sewered residential
development. That is, the long -range plan for the site and much of its immediate
area is to serve it with utilities to allow for residential development. It is in a stage
2 area, so utilities will not be available until after year 2010.
There is a conceptual greenway indicated over much of the area. A greenway is
an area that may be appropriate as protected open space because of
environmental features. Greenways are conceptual because creating them is
opportunity based: short of actually purchasing the land, the City must depend
on the development proposals submitted. The Tong -range plan for a road in the
area will, at the appropriate time, need to consider the potential for preserving a
greenway.
Transportation Plan: Main St. Connection and Access Management
Recommendations for Planning District 3 from the 2001 Comprehensive Plan
include investigating the possibility of an easterly connection to Main St.. The
Transportation Plan recommends this connection in the vicinity of the eastem
end of Oak Lane and West Rondeau Lake Rd.
An access management study was prepared for Main St. by Anoka County and
participating cities including Lino Lakes. The study, completed in 1999,
recommends a full access intersection at West Rondeau Lake Rd. Because W.
Rondeau Lake Rd. already exists, this is a logical location.
A road connecting West Rondeau to Oak Lane would fulfill these needs and
should be acquired when property on the south side of Main St. develops in the
future. It is standard procedure to acquire right -of way as part of a
development/platting process.
Existing Land
Use Map
New Comprehensive Plan
Land Use Map
Zoning
site
Rural
Low Dens. Sewered, post-
2010
Rural
north
Rural
Low Density Unsewered
Rural
east
Rural
Low Dens. Sewered, post-
2010
Rural
south
Rural
Low Density Unsewered
Rural
west
Rural
Low Dens. Sewered, post-
2010
Rural
The comprehensive plan guides the site for low density sewered residential
development. That is, the long -range plan for the site and much of its immediate
area is to serve it with utilities to allow for residential development. It is in a stage
2 area, so utilities will not be available until after year 2010.
There is a conceptual greenway indicated over much of the area. A greenway is
an area that may be appropriate as protected open space because of
environmental features. Greenways are conceptual because creating them is
opportunity based: short of actually purchasing the land, the City must depend
on the development proposals submitted. The Tong -range plan for a road in the
area will, at the appropriate time, need to consider the potential for preserving a
greenway.
Transportation Plan: Main St. Connection and Access Management
Recommendations for Planning District 3 from the 2001 Comprehensive Plan
include investigating the possibility of an easterly connection to Main St.. The
Transportation Plan recommends this connection in the vicinity of the eastem
end of Oak Lane and West Rondeau Lake Rd.
An access management study was prepared for Main St. by Anoka County and
participating cities including Lino Lakes. The study, completed in 1999,
recommends a full access intersection at West Rondeau Lake Rd. Because W.
Rondeau Lake Rd. already exists, this is a logical location.
A road connecting West Rondeau to Oak Lane would fulfill these needs and
should be acquired when property on the south side of Main St. develops in the
future. It is standard procedure to acquire right -of way as part of a
development/platting process.
SSR & W Minor Subdivision
page 3
It is important to protect the long -range plan by ensuring the ability to serve future
development with appropriate road access and circulation as well as utilities.
Allowing a lot to be created in the proposed location would create an obstacle to
the implementation of the City's transportation plan and the growth staging
policies in the comprehensive plan.
Adjacent Property Access
Until recently, the property at 1196 Main St. accessed Main St. via a driveway in
the one -acre, "flagpole" piece. The current residents there have explained to
staff that it was their understanding that a public road was to be constructed
there. For this reason, they oriented their garage to the east, with their driveway
connecting to the long driveway that runs to Main St. The fact that the one -acre
piece is 66 feet wide seems to indicate that, sometime in the past, someone
planned the strip for a road.
We have no information indicating that the City has any rights or ownership in the
property now. Therefore, access to the strip is a private issue between the two
property owners.
It is our understanding that the residents of 1196 Main St. have recently
constructed a driveway directly onto Main St. because of disagreements with Mr.
Racutt over access issues. There have been several police calls to the location
because of the disagreements. These incidents strengthen staff's concern
regarding public safety issues of an easement and /or driveway serving the two
properties.
Zoning, Subdivision Requirements
Lot Size: The site is zoned Rural, with a minimum lot size of 10 acres with a
minimum of 20% upland. The proposal meets these requirements.
Frontage: The City's subdivision ordinance requires all lots to have their full
frontage on a publicly dedicated street (Sec. 1001.08 Subd. 6(1)). The intent is
to prevent flag Tots and provide for safe, efficient access and circulation within the
City, including adequate police and fire department access. The need for access
and circulation exists not only to a particular piece of property, but for
surrounding property as well. The proposed minor subdivision does not
satisfactorily address this requirement.
The original proposal submitted by SSR & W was to dedicate additional right -of-
way for Dupont Avenue along the southern edge of the property to provide road
frontage rather than along the eastem edge. Staff determined that this was not a
viable option given the following:
•
SSR & W Minor Subdivision
page 4
1. Dupont Avenue is another half right of way easement. An existing electric
power transmission line easement follows the Dupont Ave. alignment. It
would be difficult to convert this location to a road.
2. Dedication of additional right -of -way for Dupont Avenue only would be
inconsistent with the City's Transportation Plan which identifies the Main
Street to Oak Lane corridor for future circulation needs.
•
•
SSR & W Minor Subdivision
page 5
PLANNING & ZONING BOARD RECOMMENDATION
The P & Z considered the application on November 14, 2001. The P & Z agreed
that a road easement along the eastem edge of the property is appropriate but
that it be 33 feet instead of the full 66 feet. The other 33 feet would be acquired
when and if property to the east develops.
OPINION
Staff originally recommended dedication of a sixty -six foot wide right -of -way
running north -south from Main Street to the existing unimproved Duffee Drive
right -of -way. Dedication of this right -of -way was intended to satisfy three issues
as follows:
1. It would satisfy the ordinance requirement regarding full frontage on a
publicly dedicated street.
2. It would allow for the future implementation of the City's transportation
plan that includes a proposed southerly extension of Rondeau Road to
Oak Lane.
3. It would address access issues with the property immediately to the west
of the subject property that, at the time, shared a driveway across the
applicants property.
This recommendation was not supported by the applicant's lot purchaser (Mr.
Racutt), the Planning and Zoning Board, nor the City Council.
Following further discussions with Mr. Racutt, staff proposed the following:
1. dedication of a 33 foot wide strip of right -of -way along the east side of the
property, to satisfy the frontage on a public street requirement and to
conform, in part to the City's Transportation Plan.
2. a dedication of 50 feet of right -way parallel to Main Street to provide
access to the adjacent residential property to the west, avoiding a new
access point onto Main Street and providing Mr. Racutt with a buffer from
that property.
This option was subsequently rejected by Mr. Racutt and a decision was again
postponed.
Staff's last recommendation, presented to the Council on February 11, 2003, was
to deny the request based on potential legal issues with public right -of -way only
open to specific individuals and possible public safety issues.
The City Council requested that the application be brought back to the Planning
& Zoning Board. However, following additional discussions with the Public
SSR & W Minor Subdivision
page 6
Safety department and the City Attorney staff is requesting council action on the
application.
By accepting an easement for public right -of -way purposes the City is reserving
its right to construct public improvements over, under or across a certain parcel
of land. The city is not obligated to open an easement to the public. Nor is it
obligated to construct a road or other public improvements within the easement.
At the same time the City cannot limit the use of an easement owned by the City
to specific persons and exclude others.
However, it is important to note that in the case of an easement grant the City
does not own the property. The City is only reserving the right to use it for a
specific purpose. The owner of the property may continue to use the property
provided that such use, within the easement area, does not interfere with
(physically or financially) the City's ability to use it for its intended purpose.
In regards to this specific property an existing driveway is located within the
proposed 33 foot easement area. As such, the use of that driveway to access a
housing site would not interfere with the City's ability to construct improvements
in the future. Additionally, since the property to the west now has a separate
access to Main Street there is no longer an issue with regards to the City limiting
the use of the easement to a specific person or persons. The property owner is
simply using the existing driveway on his /her property.
Additionally, the Public Safety department has indicated that the proposed public
roadway extending into the property and/or its use as a private driveway does not
create a unique situation for them.
RECOMMENDATION
It is staff's recommendation that the proposed minor subdivision be approved
with the following conditions:
1. A street, drainage and utility easement shall be dedicated to the City. The
easement shall include the eastem 33 feet of the subject properties from
Main Street to the existing Duffee Drive.
2. A revised survey showing the street, drainage and utility easement and a
deed for the easement shall be submitted and reviewed by the City before
the City certifies this resolution or any deed or document approving the
minor subdivision. The revised survey shall not include additional
easement for Dupont Ave. right of way.
3. Park dedication of $1,665.00 shall apply and shall be submitted before the
City certifies the resolution or any deed or document approving the minor
subdivision.
SSR & W Minor Subdivision
page 7
4. The existing 66 foot wide parcel (PID 09.31.22.11.001) shall be combined
with the newly created 10 acre parcel. An Anoka County application for lot
combination shall be executed and submitted for review by the City prior
to the City certifying the resolution or any deed or document approving the
minor subdivision. Certification of the lot combination shall be submitted
to the City prior to the issuance of a building permit for the subject
property.
5. Any driveway improvements necessary to satisfy emergency vehicle
access requirements, as required by the City Zoning Ordinance, shall be
the responsibility of the property owner.
ATTACHMENTS
1. Resolution No. 03 -17
2. General Location Map
3. Minor Subdivision Detail