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HomeMy WebLinkAbout2001-006 Council ResolutionS 01 -06 Council Member Carlson introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-06 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BEHM'S FARM PARK ADDITION WHEREAS, the City has received an application for preliminary plat approval for Behm's Farm Park Addition, and WHEREAS, A public hearing was held before the Planning & Zoning Board on January 10, 2001, and WHEREAS, Ordinance 01 -01 rezones Lot 13 Block 2 Sunset Oaks to R -1 Single Family Residential, and WHEREAS, Ordinance 02 -01 allocates 2.55 acres of MUSA reserve to the nine lots in the proposed plat, and • WHEREAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance, NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Behm's Farm Park Addition with the following conditions: 1. Ordinance 01 -01 must be in effect (30 days after publication) before the final plat can be recorded. 2. Ordinance 02 -01 must be in effect (30 days after publication) before the final plat can be recorded. 3. The developer must notify purchasers of residential lots of the existence of the nearby Lino Air Park. The developer must provide to the City a copy of the notification format to be used before final plat approval by the City. Passed by the Lino Lakes City Council this 29th day of May , 2001. • • • The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, O'Donnell and Reinert The following voted against same: None. Whereupon said resolution was declared passed and adopted. 11 LINO OUTLOT B PARK NORT 17 , „ - ..� 11.1-1a,.r■i •� ■I� Ci nuTE T A - NO l53--- -- ULAC— - —STRE ET— 3 4 56 6 7 _ OUTLOT 9 2 3 8 4 LINO LAKES R EHABILITATIO(l CENTE STATE TRUNK HIGHWAY NO.49- 74TH— STREE1 eeu+ 16 ' LS 112 ! r. 9 J b r5 .` V .'.skive.% ......... • W:4 4 • :pm )u. -- _ •.• JI' It L/NO NJ N AIR , -.4 31111..40..113.4..411 .r , � I. , w ' . _ t rt —'i mot" { j13 3. • 6 ' ! % •• 7 4 r 'y +. I . • n, (' r + - lio • r 3. v I R 1 PARK NORTH i r AUD. 4. y ' 63 }! ; t ____....._.._..� j ff r UN °_� ,o I I i I i pt5TRY q �'S .-„J„5 „7,41, 1 � 1,,--":- ..1....., ,...,,,+; :..... I „1.-° Li. • • AGENDA ITEM 7 D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 12, 2001 TOPIC: • FIRST READING: Ordinance 01 -01 Rezoning Lot 13 Block 2 Sunset Oaks to R -1 • FIRST READING: Ordinance 02 -01 Amending Comprehensive Plan to Allocate 2.55 Acres of MUSA Reserve • Resolution 01 -06 Approving Preliminary Plat Behm's Farm Park Addition ACTION REQUIRED: BACKGROUND 4/5 vote for rezoning ordinance 4/5 vote for MUSA ordinance 3/5 for preliminary plat resolution The applicant, Century Farms Development, has applied for a rezoning, an allocation of MUSA reserve acres, and a preliminary plat. The site is within the existing Behm's Park on the southwest corner of Mustang Lane and Palomino Lane. Behm's Park currently includes approximately 8.6 acres. The park area includes Lots 13, 14, 15, and 16, Block 2, Sunset Oaks. The City acquired these four lots for park purposes via warranty deed in December 1985 to fulfill park dedication for Sunset Oaks. The City rezoned Lots 14, 15, and 16 to R -1 in 1994 (Ordinance 15 -94). Lot 13, the southern portion of the park, was not included in the rezoning action. This likely was an oversight. In 1997, the City received approval from the Metropolitan Council to allow the City to use part of its MUSA reserve for the Behm's Century Farms development. The approved submittal map included Lots 14, 15, and 16, but did not include Lot 13. That is, the southern part of Behm's Park was not included in the area where MUSA can be applied. Again, probably an oversight. In 1999, the City Council authorized selling 2.55 acres of the park to G. M. Development for $75,000, which was to include grading improvements to the park (Ordinance 16 -99 and Resolution 99 -50). The intent was to allow for the creation of nine house lots. Proceeds of the sale of this land would be used to develop the park. However, there was no guarantee in the purchase agreement that the City would approve rezoning or development of the 2.55 acres. Behm's Farm Park Addition February 12, 2001 page 2 Gary Uhde of G. M. Development has requested that the City allow him to follow through on his plan for developing the new lots. Staff discussed this with the City Council at a work session on 11/8/00 and Council directed staff to proceed. In order to proceed, three actions are needed: 1. Rezone Lot 13 Sunset Oaks to R -1 2. Allocate 2.55 acres of MUSA reserve to the area to be sold to the developer 3. Preliminary plat This report is based on the submittal consisting of the following: Preliminary Plat 12/11/00 submitted 12/11/00 Preliminary Grading Plan 4/18/00 submitted 12/11/00 Existing Conditions 12/11/00 submitted 12/11/00 ANALYSIS Land use and zoning for the site and surrounding land are listed in the following table. The site includes 8.6 acres with 2.55 acres to be platted as new house lots. The proposed plat would create 9 single family lots. The draft land use plan shows the site as Public Semi - Public. That map was created before the negotiations with the City over the land sale. The draft map can and should be amended to complete the land sale agreed to by the City in 1999. Rezoning Section 2, Subd. 1.E. of the zoning ordinance states that the Planning and Zoning Board shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors. • Comprehensive Plan (existing) Comprehensive Plan (1998 draft) Zoning site Single Family Resid. Public /Semi - Public R -1 and Rural north Single Family Resid. Low Density Sewered Resid. R -1 east Single Family Resid. Low Density Sewered Resid. R -1 west Single Family Resid. Low Density Unsewered Resid. Rural south Single Family Resid. Low Density Unsewered Resid. Rural The site includes 8.6 acres with 2.55 acres to be platted as new house lots. The proposed plat would create 9 single family lots. The draft land use plan shows the site as Public Semi - Public. That map was created before the negotiations with the City over the land sale. The draft map can and should be amended to complete the land sale agreed to by the City in 1999. Rezoning Section 2, Subd. 1.E. of the zoning ordinance states that the Planning and Zoning Board shall consider possible adverse effects of the proposed zoning amendment. Its judgement shall be based upon, but not limited to, the following factors. • • Behm's Farm Park Addition February 12, 2001 page 3 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. 2. The proposed use is or will be compatible with present and future land uses of the area. The land use and zoning table shows that the proposed rezoning complies with these first two factors. The site and surroundings is guided for single family and park uses. Land immediately surrounding the new lots is already developed with single family homes. Parkland will remain on most of the site. The park acts as a buffer for the larger lot, unsewered homes to the west and south. 3. The proposed use conforms with all performance standards contained herein. The proposal meets the zoning and platting requirements contained in City ordinances. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Existing utilities can handle the nine new lots. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The nine new homes will not cause negative impacts on the existing roads. Staff recommends finding that the project complies with the above factors. MUSA Policies As noted above, most of the site is within the area approved for the use of some MUSA reserve. The lower portion is not. However, only 0.5± acres is outside the approved area. Because this appears to be an oversight of the past, staff feels comfortable with this. In addition, most of the area approved for MUSA will remain as City parkland. The City's MUSA reserve can be allocated within approved areas at the City's discretion. Currently, the City has 29.2 acres in the reserve. This project would need 2.55 acres of MUSA reserve. • Interim MUSA Reserve Criteria: The City has criteria for the allocation of the MUSA reserve. Application of Interim MUSA Reserve shall be subject to the following: • • Behm's Farm Park Addition February 12, 2001 page 4 1. An application for MUSA Reserve shall be considered at time of Preliminary Plat Approval and allocated at time of Final Plat following completion of a development agreement and posting of financial guarantees. The request for MUSA is occurring concurrently with preliminary plat application. 2. The property in question shall be zoned R -1 or R -1X or a rezoning application be in process in conjunction with the preliminary plat. The rezoning request is occurring concurrently with the MUSA request. 3. The property in question must be immediately adjacent to existing MUSA. MUSA is directly across both Mustang and Palomino Lanes. 4. MUSA Reserve shall be allocated to net buildable acres. The net acreage for the nine lots is 2.55 acres, and that is the MUSA request. 5. Development of the property must be considered a natural utility extension. 6. Development of the property must be considered a natural extension of existing roadways. Utilities and roadways exist directly adjacent to the site. 7. Development of the property shall not adversely affect the health, welfare, and general safety of the community. 8. Development of the property shall be environmentally compatible with the surrounding area. There is no evidence of negative impacts to the community or environment. The wetland plan was approved by the Rice Creek Watershed District. 9. Development of the property shall be consistent with the City's Comprehensive Park Plan. The revenue from developing the site into nine lots will provide funds to develop the park according to the Park Plan. 10. MUSA Reserve shall be allocated only to properties located within Sewer District 1, 4s, 6 and the Behm's Century Farms Development within Sewer District No.2. The site is almost entirely within the Behm's development as reviewed by the Met • • • Behm's Farm Park Addition February 12, 2001 page 5 Council, and would be completely in it if not for a past oversight. 11. Development of the property shall be consistent with the City's comprehensive Sewer and Water Plan. Utilities and roadways exist directly adjacent to the site. 12. The developer shall demonstrate a commitment to the community. This is one phase of the larger Behm's development area. 13. The proposed development shall comply with the City's Infill Policy as outlined by Resolution No. 92 -85. See below. 14. Roadways serving the proposed development shall be determined adequate to handle the additional traffic generated by the proposed development or a financial commitment shall be made by the developer to upgrade said roadways. Existing roads are adequate to handle traffic from nine new lots. Infill Policy: The City adopted Resolution 92 -85, a policy for the location of new development, also referred to as the " infill policy" (attached). This policy also includes criteria to be considered, which are summarized below: • All new developments must be located within the MUSA as established by the Comprehensive Plan. Allocation of MUSA acres from the MUSA reserve will fulfill this requirement. • All new developments must be analyzed for impact on utility and street system costs. • New development shall only be allowed if: a) The cost of utility and street extensions can be covered by immediate assessment, and b) The cost of operation and maintenance of the system will not exceed the normal costs, and c) An upfront payment or series of payments by the developer would offset any additional costs. • Behm's Farm Park Addition February 12, 2001 page 6 Utilities and streets exist to serve the new lots. Payments to support service to these lots will be addressed as with any development. Staff recommends finding that the project meets these criteria. Preliminary Plat Lots, Blocks: All the proposed lots comply with the minimum lot dimensions. The blocks will not be separated by roads. Rather, park trails between the platted blocks will provide access to the park. Natural Features: An existing ditch has been relocated as part of the drainage plan for the larger Behm's project. This ditch is classified as wetland. There is a small wetland on the southern portion of the site that is not being impacted. The impact plan was approved by the Rice Creek Watershed District. Native plantings have been planted inside the southern half of the trail loop. The northern portion is sodded, irrigated play area. Transportation, Roads, Access, Circulation: No new roads are proposed. Parks and Trails: The City agreed to sell the land to the developer in order to obtain funds to develop the park. As part of the land sale agreement, the developer has completed earthmoving work in the park. He also graded the trail and installed aggregate. The City has since paved the trail. Additional park dedication will be $6885 cash. Because of the unusual situation, staff and the developer negotiated for the cash dedication. Based on a typical cost of $27,000 per acre in Lino Lakes, and the 2.55 acres of new lots: $27,000 x 2.55 = $68,850. The typical City park dedication of 10% calculates out to $6885. Some discussion occurred at the public hearing about trail access to the site. Behm's 5th Addition to the east across Mustang Lane originally had a trail leading to Mustang Lane. However, residents protested that trail location, so it was not constructed all the way to Mustang. Stormwater Management: As noted above, the ditch across the northern portion of the park has been realigned somewhat as part of an approved plan. Grading and stormwater management for this area was reviewed with previous Behm's Century Farms development. The grading plan for the new lots will meet City requirements. Utilities: Sewer and water are available both in Mustang Lane and Palomino Lane. • • • Behm's Farm Park Addition February 12, 2001 page 7 Conditions of Approval of Preliminary Plat: Resolution 01 -06 approves the preliminary plat. Three conditions of approval are included in the resolution: 1. Ordinance 01 -01 must be in effect (30 days after publication) before the final plat can be recorded. 2. Ordinance 02 -01 must be in effect (30 days after publication) before the final plat can be recorded. 3. The developer must notify purchasers of residential lots of the existence of the nearby Lino Air Park. The developer must provide to the City a copy of the notification format to be used before final plat approval by the City. PARK BOARD RECOMMENDATION The Park Board discussed this project at its January 4 meeting. The Board was glad this project is in progress in order to complete the agreement and develop the park. The Park Board is satisfied with the additional cash park dedication. ENVIRONMENTAL BOARD RECOMMENDATION The Environmental Board discussed this project at its January 3 meeting. That Board recommends additional native plantings behind the Mustang Lane lots and notification of the need for periodic burning of the plantings. Staff believes the existing native plantings are sufficient. PLANNING & ZONING BOARD The P & Z reviewed the applications on January 10, 2001. The P & Z approved the rezoning, MUSA allocation, and preliminary plat. One condition was added to the plat: that the purchasers of the lots are notified of the existence of the air park. SALE OF LAND As explained above, the land currently is zoned Rural, with a 10 -acre minimum. Until the land is rezoned, no lots smaller than that can be created. This means that the nine lots making up 2.55 acres of land cannot be created until the rezoning is effective. Therefore, the City cannot sell the land to Century Farms Development until the rezoning is effective, 30 days after publication of Ordinance 01 -01. Behm's Farm Park Addition February 12, 2001 page 8 OPTIONS 1. Approve Ordinance 01 -01 rezoning Lot 13 Block 2 of Sunset Oaks to R -1. 2. Approve Ordinance 02 -01 amending the Comprehensive Plan to allocate 2.55 acres of MUSA reserve to the 9 lots shown in the preliminary plat of Behm's Farm Park Addition. 3. Approve Resolution 01 -06 approving the preliminary plat of Behm's Farm Park Addition with the conditions listed in the resolution. 4. Deny applications. 5. Return to staff with direction. RECOMMENDATION Options 1, 2, and 3 • BEHM'S' FARM PARK ADDITION rHMv C:LfTrvl ' NW CORNER OF LOT 16: - - -- 7. SUNSET OAKS i Cr1IT11�»1 v LI V l V I\ I FA,FZM ly n1 \\IVII1IV L -/11 I NORTH LINE OF LOT 16. BLOCK 2. SUNSET OAKS- ...... - -- 578.88 N 87'09'10° E -- - __ - 153.88-- _ ' 80.00 80.OQ __ 80,00 - -i 75.00 ∎ 80.00 r-- -80.50 -- i r i t 3 1 u.1 3 31 3i 4 5 �'lon 1°n '� 1 0 I In ''' = • 1 In I / 20 10 ;[oi °uQi� 3 '•g'� �I ^ o o /'� n �T an • � Z Oj -J. .1_ _ - -- 00 ,,�.. S ; ;5',5;i:', J�.1 1 o -Si I 01 /' o M 01, .ER 1 In i • "---056----1 M L -J L -_ J .v M 1 80.00 `�.«- II l -- .00 �0.3b- 80.00 ° -- 400.00 -- ?887 °09'10 "W -- ,3,63 *N8T03'15 . -- - `•s /' S1 135.00 -' N89 °29'14 "W -4, ,o ri 1 ,-' '$, 20 // ...,..-,,,L /' /*.: g ' / 1/' 5TH,•T 1 tJ� 12' CJ_ \,) 438.01 -- 573.22 N 87 °21'40° E- ----- -SOUTH LINE OF LOT 13. BLOCK 2. SUNSET OAKS 0 0 O 0 0 2 1 8 0 I nr\r1lTlnnl Y\VVII IVIV 1 30 1 30 L — R 135.00 N89'29'14 °W 3' y_ _ _ L o \\ i� •�cJJ\ 0 . n a cn W 1/1 s g I LIJ o g <_ ' I 'l W N I -J L J - 135.00 989°29'14"E--°91.9:4 m 0 00 -- •135.00 N89 °29'14 "W - - -:, j/ _ — __-- --- -'--- --- -- - -11 Sr-- - -1— 10 -i (o 1 3 • ! N00'30 ri N �'g0 35.0 "W N89 °29'14 ' �` aj NI 1 135.21 J 0 O Z 5-I i� =' I N N °I 6 I z JI �, ` W I F� CJ LIJ c3 0 C3 ` I- - LL ) L_ Dnn I\i %../1 V I n. \-/ ILIT VVI\i 33 33 1 CITY OF LINO LAKES COUNTY OF ANOKA SECTION 7, TOWNSHIP 31, RANGE 22. s 0 50 100 150 SCALE: 1 INCH = 50 FEET o DENOTES IRON MONUMENT. BEARINGS SHOWN ARE ASSUMED. DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: 5-� 5 10 T 1' BEING 10 FEET IN WIDTH AND ADJOINING RIGHT -OF -WAY UNES UNLESS OTHERWISE INDICATED, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE INDICATED AS SHOWN ON THE PLAT, HY –LAND SURVEYING, P.A. LAND SURVEYORS SHEET 2 OF 2 SHEETS - FES_324'- M N SEWO 904.0 905.5 905.5 -- SE'FS-- 904,0_ _ 9D= 5 1 904.0 g0• 905.6 I0•- 6 nommillimJ Jell���y Jlt� .l\I IN! 1 CB 326A Wi ioan pipe ine_ ... - 80• CB 326 Oms pp: the :e •� -3 SEW6 904.3 SEW 00 INEMEREMEMIE 904.5 904.2 0 25 50 100 200 GRAPHICS SCALE (in feet) 135• 904.2 SE, 00. -r DEC ciry 1 r • t MFB SEWO SEWO 9b5.2 905.65 906.15 r, b. SHEET 2 3 PREL I M I NARY PLAT B E H M' S FARM PARK A D D I T ION CENTURY FARM DEVELOPMENT. Inc. Lino Lakes. Mn . r.,. „.a t .�q.gner _,M. � w,�: „pw.cwe � ` "" " "`""' -"'"°` ""� "" , thE'be d m�i [+ Cpl elr.� a.osia» k'ay,+.a sdn {� J C JOHNSON CONSULTANTS, INC. SITE PLANNING AND DESIGN 6601 - 75th Ave. N. Brooklyn Park. MN 55428 Phone: (612) 566-6158 FAX: (612) 566-4374 12/11 12/ 1 1,00 °�T B2i2°6 CADD NO.: „s �a.! ' �.. _____ __� des yrrr. -rp '105' 906.15 sos 4 1444 101 1 g1 1; 11, 11 905.5 SEWO 905.5 SEWO 904.0 SEWO 1 904.0 SEWO 905.6 SEWO '90 .6 SEWO Q5.6 905.6 /905.6 905.6 C8 326 904.3 rr r / I 1 sue"° ��I � a IF -80' r I'1r —r '� err /-- 1. / I -n/ / ■ 01 - • / " f O t 9e'' 904.3 904.9 905.5 SEWO ••-,3 1 SEW' 904.3 SEWO 904.3 9.4 SEV {{ 900.3) 00 —1.111,ENN • NI 35 SEWO 904.5 904 .\2 0 25 50 100 200 GRAPHICS SCALE (in feet) 904.2 SE 00_ A:KES REVISED I0 /II /00 REVISED PIPE OUTLET 6. DITCH & ADDED EASEMENT REVISED 8/29/00 REVISED SILT FENCE. TRAIL & WETLAND LOCATION REVISED 9 /30/99 REVISE SILT FENCE LOCATION REVISED 9 /9/99 ADD EROSION CONTROL DETAIL I • -r' MF B -906.75 SEWO 905.65 906.'15 / SHEET 3 3 DATE: GRADING PLAN • B E H M • S FARM PARK ADD 1 T 1 O CENTURY FARM DEVELOPMENT. Inc. Lakes. Mn ...b.:..,,;,�, ..&„�::;'.'.°•°, ;Z1..7.7 ., -:,4 . -� a �, 77:4..rc _u '"" 5 `` `w'° �� J C JOHNSON CONSULTANTS, INC. SITE PLANNING AND DESIGN 6601 - 75th Ave. N. Brooklyn Park. MN 55428 Phone: (612) 566 -6158 FAX: (612) 566 -4374 4/18/00 rea.>ECT Na: 9212n6 cADD NO.: 0. /j 11 6 (.2 eF.K.a. _Lino oc 9 0 6 . 1 5 6106.15 N ••.„ ' - 'TES.,324- L s . 40 sc'o 0, FES 13 0 , 11 I t 1 , . , 905.5 905.5- 905.6 ............ CB ‘3286 ............ _......7::: 1. _........_ .tr .t).9? ... • ................ 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" •1.4 J ' no4 under o/.e: 1 ..ea , re94..eu .,, .sie ny• ...- Ma ,,, a 0 1---- -- .— — ---- -- 0 C J C JOHNSON CONSULTANTS. INC. SITE PLANNING AND DESIGN 6601 - 75th Ave. N. Brooklyn Pork. MN 55428 Phone: (612) 566-6158 FAX: (6)2) 566-4374 12/11/00 MEC; NO.: 921206 CADD NO.: „,,.. iJ 904.3 SEWO 904.3 SEWO LA Eio 0-oo. stwo -90zr. - 1 SEWO MF B 936 T5.• ‘205.65 906.'15 '22 ..' ISEWO 905.2 ___„ r„)6-7_ 1--08715T 1 ••• 1 • V c0c)...40