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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 •�F of gZ EEnti0 0 IFTW rpa agaao oaaat =row, 0; ��� allormiketrrlii #RIMIbiaiiist III 11111111V tonnola oiyirf.E.:0 filin Ell dis 0 es red iauto1 :� �iiiiini11iiiiihi i � 1E9014 NifilpilliNERNIMILL11,* ...:1,. *'' NRiiiIiiiikOmnpla 117: : : : : :C:: X11 172 ISL. 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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