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Home My WebLink About2003-028 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 03-28 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR KEEFE ESTATES WHEREAS, the City has received an application for preliminary plat approval for Keefe Estates, and WHEREAS, A public hearing was held before the Planning & Zoning Board on February 12, 2003, and WHEREAS, Ordinance 05 -03 rezones the subject property to R -X, Rural Executive/PDO, Planned Development Overlay District, and WHEREAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to the conditions setforth herein, NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Keefe Estates as depicted by the preliminary plat by E.G. Rud & Sons, Inc., dated February 5, 2003. BE IT FURTHER RESOLVED, that the approval is subject to the following conditions: 1. The proposed private road shall be improved to a minimum width of twenty (20) feet and include a permanent cul -de -sac at its northern terminus. The roadway shall be surfaced with gravel or a suitable material and meet a seven ton road design. The roadway section shall be determined by the City Engineer to insure the adequacy of the roadway to support emergency vehicles. 2. A Homeowners Association shall be established to insure the continued operation and maintenance of the private roadway. The association agreement shall be subject to the review and approval of the City Attorney prior to final plat approval. 3. All wetlands on the subject property shall be delineated and shown on the final plat. 4. Public drainage and utility easement shall be dedicated to the city and cover all wetlands on the subject property. 5. An easement for public trail purposes shall be dedicated to the City extending from Rolling Hills Drive to the north property line of the subject property pending further review by City staff. A payment in lieu of parkland dedication shall be required if it is determined that a trail corridor is not feasible. • 6. The developer shall place a covenant over Lot 3, Block 1 restricting future subdivision of the lot until such time as public sanitary sewer and water is available to service the site in conformance with the City's Comprehensive Plan. Such covenant shall be subject to review and approval by the City Attorney. 7. The developer shall enter into a development agreement with the City to insure completion of necessary roadway improvements. Such agreement shall be entered into in conjunction with final plat approval. 8. The Rezoning is approved. Adopted by the Lino Lakes City Council this 24th day of February, 2003 ATTEST: Ann Blair, Ci j Clerk . 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MXISTI CONDITIONS 0: JIM 6300 6300 ROLLING HILLS DRIVE LINO LAKES, MN. 55II0 (612) 269 -1586 CLEARWATER CREEK 5TH ADDITION Hoer r 167.6 .fl6/i 17171/1 rowwi X187.• Mt SdP.dd•ST'L 71aw•t ditch. *moment and outbuilding locations from aerial photo by Uodt wrd Corporation dot d April 19115. w7. bran. 0' *'tad'. A7M.M j� it1 PARCEL B 435.111 R R taw awes t. N 131 • 'Cis � r,.ioi rrrrrNww I 1. i _4...• r ISM •t 19.7. SSW r oo ."..WW 1, _"� ` PARCEL A 1.1x794775 .e. IL .17 .a1. wood Warr . ow WOW udwi WWW in we la r@ 1.r 1•rwa -a-1* DECK M WI b.1. rraiw- w.iF.wrr.d •t 5 ILA 1.r WWI wiles S O 4 Y r of r IMO awn, ��•..• risk 6 Q I 7l lap. a. 7 T � Ia- ra..Ir- . ._ ' 1 23 24 25 26 27 28 �C, \ OT1'ER. ItANE NILI.5 \ DEER PASS TRAIL S it- '• fi . 4 W I 0.1/1 V a1. IYd 7.. 29 w I hereto *OW thel OR ono nlh r Ir 1.y *eat apn17aw 1.d rat I on • «v & d Registered Woo, wow W. 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Yet. d Ng ettllet Pm arm Lot 12 Soak Give tot atmr X621 A ffiw0r _ /D./1 Arm - =o wxYr as- ax* 122.4 712. 01• Its" r krrr IL -100= - ta.d mesas' M .d Swig/ OM.rW 2. 2. 1.1 M 5261 by Et 2W t arm I1'i ee,RA_n - Tnsd one of Oat 1 _ 32A101 onr - Nod ems of Lot 2 - 2323 oils - Toga aw d tat 3 _ 1.110e ewes Total one d 0u211 A _ 1J26 emu Ka..rs.an- 0- a ri� 4 iw IW DATA Gore emplh .2 iamb — and wens oemaa.t _ 000* toot - Told pewit/ .roe _ 37.47 oases. - 3 prop.d Node t.d7 laii - Prosy ...atilt, .gad RN G.wWe. - Preprad Lobo _ Pleased l.2 tl.edepend PJL2.) Edam and papioad balms 3.R.d d Felt _ SD rt Poor _ 30 hal -21- road tlrwa s.t Yskd by ws 10167* 5 /fteolea Oat 10408 111 a 0.. talnsd Omar &Id war ... r .Okra r..ra_.rwrCESSOM .rNEHICEI M Wwrk.d.4'i:rw 1r�ir�i`ti� t/1r.- YF�.drl r�Ik rl l.�srrkkrywr r...orel..a.rr no. mr r. roiiiirr�@arm..wr• wrr'.isri ins~ err ew rrlra 00 alell AND U2111Y 24006/542 01 11152 DEAL EA DAING PROPOSED PAD ISZVATIONS AND POSSIBLE FUME GHOST PLAT ...e- /Le 7X-w ./ •. aonsu ion ° .row 11211 10411:1112-44-10 agar as a iamr-.lrlwohL , ue ar or 15wey 1 52 1 52 am% pr or owe me impend by as r wilt ar .ieae imperil= at LW / am • dy 11op11roe tor/ Snow radar 211 M ore 2. Imo .7 wards. Rd O.1r s-r -100, 00,2, tt. 11178 NW NIB 14OHNG LAID h N LAID 2un 1.111001TC61 AVMGM Milk E. elbsoiwIlmn J STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: AGENDA ITEM 7C Michael Grochala February 24, 2003 D 3 Consider 15t Reading Ordinance No. -- Rezoning from R -X, Rural Executive to R -X, Rural Executive/Planned Development Overlay (PDO) Consideration of Resolution No. 03 -28 Approving Preliminary Plat, Keefe Estates VOTE REQUIRED: Rezoning — Simple Majority Preliminary Plat — Simple Majority REQUEST The applicant, James Keefe, is requesting a rezoning of his property to Planned Development Overlay District to allow for a rural cluster subdivision consisting of three buildable lots. Each of the lots would be accessed from a proposed private roadway lying within a proposed outlot. BACKGROUND In June of 2001 Mr. Keefe contacted City staff requesting information regarding the potential subdivision of his property. Mr. Keefe was provided with the requirements of the R -X, Rural Executive District. In September of 2001 Mr. Keefe met with the City Council to discuss the potential options for subdividing his property. He expressed at the time, in a letter dated September 19, 2001, that he would like to split off several 2.5 acre parcels from his property due to the economic hardship he was currently experiencing. The council expressed the need for additional information before a decision could be made. City staff prepared a memo to the City Council, dated September 28, 2001, identifying issues with regard to the proposed subdivision and listing options to be explored, including the potential for a clustered development using the Planned Development Overlay District (PDO) requirements. The memo was distributed to Mr. Keefe. On December 10, 2002 the City received an application from Mr. Keefe requesting minor subdivision approval. In a letter, dated December 18, 2002, Mr. Keefe was informed that his application was substantially incomplete and listed information that was necessary to begin review of the request. Mr. Keefe submitted additional information on January 6, 2003. On January 8, 2003, at the regular Planning and Zoning Board meeting, Mr. Keefe's minor subdivision request was added to the board's agenda for discussion. The board requested that staff work with the applicant to resolve issues and, if possible place the item on the January 22, 2003 meeting agenda. Staff met with Mr. Keefe and his surveyor on January 16, 2003 to discuss issues relating the proposal. The minor subdivision request and associated variances were brought to the Planning and Zoning Board on January 22, 2003. Staff's recommendation was to deny the Minor Subdivision and Variance requests. The Planning and Zoning Board tabled the request and recommended that the applicant proceed with a rezoning to Planned Development Overlay (PDO) to facilitate the development. A request for the rezoning to Planned Development Overlay District and Preliminary Plat approval was brought to the Planning and Zoning Board on February 12, 2003. The Planning and Zoning Board recommend approval with the conditions contained herein. This report is based on the following attached exhibits: 1. Existing Conditions Survey dated January 21, 2003 2. Preliminary Plat dated February 5, 2003 3. Soil Borings dated January 4, 2003 4. Applicant's narrative dated February 5, 2003 ANALYSIS City Code Chapter 1001.8, Subdivision 6(1) states All lots shall abut for their full frontage on a publicly dedicated street. Chapter 302.03, Subdivision 1 (10) states that private streets shall not be permitted, nor shall public improvements be approved for any private streets. Section 5, Subdivision 2.B.1 of the Lino Lakes Zoning Ordinance establishes the minimum lot size of 10 acres for lots within the R -X, Rural Executive District. Section 3, Subdivision 3.B.2. of the Lino Lakes Zoning Ordinance states that within zoning districts with a minimum lot size requirement of ten (10) acres or more, up to eighty (80) percent of the minimum lot area may be comprised of areas which are platted 2 as street rights -of -way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies. Section 5, Subdivision 2.B.2 of the Lino Lakes Zoning Ordinance establishes the minimum lot width of 330 feet for lots within the R -X, Rural Executive District. Section 9, Subdivision 4.A. of the Lino Lakes Zoning Ordinance states that the intent of the PDO District is to permit greater flexibility and, consequently, more creative and imaginative design of the development of residential, commercial or industrial areas than are generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a height level of urban amenities, and preservation of natural scenic qualities of open space. Article 9, Section 902.2.2.1 of the 1997 Uniform Fire Code states that Fire apparatus access roads shall have an unobstructed width of not less than 20 feet. Article 9, Section 902.2.2.2 of the 1997 Uniform Fire Code states that Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Existing Conditions The property being considered for development consists of two existing lots totaling 37.47 acres. An existing single family residence is located on a ten acre lot. The remaining undeveloped lot consists of 27.47 acres. The western half of the site is mostly wooded upland area with wetlands located in the northwest corner. The eastern half of the property is primarily lowland with wetlands being the predominate cover type. Access to the site is limited to an existing 10 foot wide private driveway that extends into the property from the northern terminus of Rolling Hills Drive. Land Use The City's comprehensive plan designates the west half of the property for Low Density, sewered residential uses (Stage 2, 2010- 2020). The eastern half of the site is designated for rural land uses. A conceptual greenway is also delineated over the eastern half of the site. Surrounding proposed land uses include Low Density Sewered Residential to the north and east, Low Density, Unsewered Residential to the south and Rural to the west. 3 • Zoning The property is currently zoned R -X, Rural Executive. Adjacent zoning includes R -X to the west, south and east, and R -1 -PDO to the north (Clearwater Creek). Lot Area The proposed subdivision would create three parcels and an outlot from the existing two that are currently owned by the applicant. The proposed lot sizes are as follows: Lot 1, Block 1: Lot 2, Block 1: Lot 3, Block 1: Outlot A: Lot Width 32.08 acres 2.35 acres (2.14 acres of upland) 1.99 acres (all upland) 1.05 acres The proposed lot widths of both Lots 2 and 3, Block 1 are approximately 180 feet. • Utilities The City's Comprehensive Plan designates the western half of the site as Low Density, Sewered Residential. The Plan further designates this area as a Stage 2, 2010 -2020 growth area. Sanitary Sewer and Water Main were stubbed out within Flora Court (Clearwater Creek 3`d Addition), northwest of the site to service Stage 2 (2010 -2020) development. Through review of existing topographic mapping it does appear possible to service this property as well as adjacent properties to the west in the future. It should be noted, however, that the proposed Plat, if approved, would not eliminate the possibility of servicing adjacent properties to the west or south. Access The property is currently serviced by a gravel private driveway, measuring approximately 10 feet in width. The driveway accesses the terminus of Rolling Hills Drive. One other existing residential lot utilizes the driveway, however, it appears that there are no easements currently in place. As with all subdivisions in the City, publicly dedicated right -of -way is required as well as the improvement of such to City standards. These standards typically include a paved bituminous surface with a minimum width of 32 feet. While the width requirement has fluctuated on a case by case basis pursuant to City Council approval, all roads, including private roads allowed within Planned Development Overlay Districts have been required to include bituminous paving. The applicant is proposing to maintain the existing roadway as a private road operated and maintained by a Homeowner's Association. The private roadway will lie within what is proposed as Outlot A. The creation of Outlot A, for this purpose, will need to be evaluated by the City Attomey. The applicant originally proposed to widen the existing driveway to 20 feet using Class 5 gravel. The proposed improvements are intended to keep traffic to a minimum and maintain the existing rural character of the property. However, the applicant subsequently submitted a proposal, at the Planning and Zoning Board meeting, that the existing driveway be upgraded to the minimum width of Rolling Hills Drive noting that this street did not currently meet City standards. His request included an addendum to the association agreement that would require upgrading the private drive within six months of the City upgrading Rolling Hills Drive. 20 feet is the minimum required width for an access road to accommodate emergency vehicles as set forth in the 1997 Uniform Fire Code. Staff is in the process of evaluating the existing roadway widths servicing the proposed development. However, it should be noted that the existing widths of streets should not be a determining factor in evaluating requirements for new improvements. The applicant is also proposing to upgrade the roadway with Class 5 gravel or recycled materials to a minimum depth of 4 inches over new areas and two inches over existing. Staff will need to further evaluate the proposed gravel base to determine the adequacy of the road to support, at a minimum, emergency service vehicles. Bituminous surfacing of the roadway is preferred. Easements Public drainage and utility easements are provided on the preliminary plat being 10 feet in width and adjoining all lot lines as required by City Ordinance. Additional drainage and utility easements will need to be dedicated to cover all existing wetlands on the site. Sewage Treatment Soil borings provided by the applicant indicate the ability of the newly created Lots 2 and 3, Block 1 to accommodate two standard mound systems on each lot. Park Dedication/Open Space The City's Park Board has not had an opportunity to review the request. However, the City's 1992 Park Plan and Development Guide identifies a proposed trail corridor from Cedar Street, through what is now the Clearwater Creek subdivision, and extending southerly to link up with Otter Lake Road. 5 Provision of a trail corridor along the eastern half of the proposed subdivision would provide for the continuation of the trail system, existing within Clearwater Creek, and provide access to the Clearwater Creek neighborhood park for residents located to the south of the Clearwater Creek Development. Such access would allow the City to maximize its investment in the park by expanding it's service area to include a greater number of area residents. Additionally, as stated in the Park Plan, the continuation of this trail along existing wetlands, drainageways, and wooded areas, within an area designated . as proposed Greenway, represents an excellent opportunity to use the linear trail corridor concept to its fullest potential. However, given the amount of wetlands on the site, staff will need to evaluate the ability to construct a trail through this area. Upon submission of the required wetland delineation staff will be able to make this determination. In the event that trail construction is not practical a payment in lieu of parkland dedication will be required. The PDO requirements include a provision that thirty -five (35 %) of the total project area shall be preserved as open space. Based on the size of the entire site (37.47 acres) approximately 13 acres of open space should be provided. The applicant has noted in the PDO narrative that the PDO is intended, in part, to provide for and preserve the wetlands and open space for the surrounding properties. Open Space may be provided for either by conveyance of property to the City or a non- profit corporation or by establishment of a restrictive covenant running with the land for the benefit of residents of the planned development. The public drainage and utility easements that are required around all wetlands on the site should adequately satisfy this requirement. Ghost Plat The applicant has provided a Ghost Plat identifying how Lots 2 and 3, Block 1, could be subdivided in the future with the extension of public utilities. The plat demonstrates the potential to divide the two lots to create eight lots meeting the R -1X, Single Family Executive District lot requirements by extending a cul -de -sac into the property from the west. Future Subdivision The intent of the PDO is to allow for the resubdivision of the property by, in part, providing flexibility in the minimum lot size requirements. As noted previously upon the subdivision of the property, as proposed, the overall density of the development (1 unit per 12.49 acres) is consistent with the 1 unit per 10 acre requirement set forth in both the City's Comprehensive Plan and Zoning Ordinance. However, since the proposed Lot 1, Block 1 is approximately 32.08 acres it could technically be subdivided in the future and satisfy the 10 acre lot minimum. Staff is of 6 • the opinion that this would be inconsistent with the intent of the comprehensive plan and zoning ordinance and would recommend that a covenant be place on Lot 3, Block 1, that restricts future subdivision until such time as sanitary sewer and water is available to service the site in conformance with the City's Comprehensive Plan. OPINION Staff is of the opinion that the proposed rezoning to Planned Development Overlay District and associated subdivision are consistent with the policies and requirements of the Lino Lakes Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. The proposed development, subject to the requirements of approval, will allow for the subdivision of the subject property while maintaining rural residential densities, preserving open space, and facilitating the implementation of the City's Park plan. With regards to the rezoning the City's Zoning Ordinance requires that the Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comment: The proposed rezoning is consistent with the City's Comprehensive Plan. The Plan provides for rural clustered subdivisions. The overall density of the development (1 unit per 12.49 acres) is consistent with the minimum rural development density of 1 per 10 acres as specified in the plan. The proposal also allows for future sewered residential development. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The proposed use will be compatible with both present and future land uses. The proposed subdivision is compatible with existing rural residential uses and does not prevent possible future sewered residential development. 3. The proposed use conforms with all performance standards contained herein. Comment: The proposed subdivision, in conjunction with the conditions of preliminary plat approval, will conform to the performance standards contained with the zoning ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: The proposed use will not overburden the City's service capacity. 7 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Comment: Trip generation from the addition of two residential lots is within the capabilities of existing streets serving the property. PLANNING & ZONING BOARD The Planning & Zoning Board held a public hearing and reviewed the request at it's February 12, 2003, regular meeting. The Board recommended approval of the rezoning and preliminary plat subject to the conditions outlined in the staff report with the following modifications: 1. That the private drive be a minimum of 20 feet in width and meet a seven ton gravel road design. 2. That staff continue to evaluate the feasibility and need for the trail easement and continue to work with the applicant on this issue. RECOMMENDATION A. Staff recommends approval of the Rezoning. B. Staff recommends approval of the preliminary plat with the following conditions: 1. The proposed private road shall be improved to a minimum width of twenty (20) feet and include a permanent cul -de -sac at its northern terminus. The roadway shall be surfaced with gravel or a suitable material and meet a seven ton road design. The roadway section shall be determined by the City Engineer to insure the adequacy of the roadway to support emergency vehicles. 2. A Homeowners Association shall be established to insure the continued operation and maintenance of the private roadway. The association agreement shall be subject to the review and approval of the City Attomey prior to final plat approval. 3. All wetlands on the subject property shall be delineated and shown on the final plat. 4. Public drainage and utility easement shall be dedicated to the city and cover all wetlands on the subject property. 5. An easement for public trail purposes shall be dedicated to the City extending from Rolling Hills Drive to the north property line of the subject property pending further review by City staff. A payment in lieu of 8 parkland dedication shall be required if it is determined that a trail corridor is not feasible. 6. The developer shall place a covenant over Lot 3, Block 1 restricting future subdivision of the lot until such time as public sanitary sewer and water is available to service the site in conformance with the City's Comprehensive Plan. Such covenant shall be subject to review and approval by the City Attorney. 7. The developer shall enter into a development agreement with the City to insure completion of necessary roadway improvements. Such agreement shall be entered into in conjunction with final plat approval. 8. The Rezoning is approved. ATTACHMENTS 1. Ordinance No. 05 -03 2. Resolution No. 03 -28 3. Existing Conditions Survey dated January 21, 2003 4. Preliminary Plat dated February 5, 2003 9