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HomeMy WebLinkAbout2003-140 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 03-140 APPROVING AMENDMENT OF THE COMPREHENSIVE PLAN TO CHANGE SPECIFIED LAND IN MAR DON ACRES FROM LOW DENSITY UNSEWERED RESIDENTIAL TO LOW DENSITY SEWERED RESIDENTIAL, AND TO OBTAIN ADDITIONAL MUSA RESERVE FOR THE AREA WHEREAS, the Lino Lakes City Council makes the following findings: 1. The City of Lino Lakes approved a new comprehensive plan in August 2002 after approval by the Metropolitan Council, according to MN Statutes 473.858 and 473.864. 2. The comprehensive plan includes a proposed land use map with distinct land use categories. The Low Density Sewered Residential land use category is intended for residential development that has public sanitary sewer service. The Low Density Unsewered Residential category is intended for residential development without such service. 3. The comprehensive plan describes a specified amount of Metropolitan Urban Service Area (MUSA) reserve acres. The MUSA reserve acres acquired from the Metropolitan Council were calculated based on a specified amount of growth in specified areas. The total did not include growth resulting from converting existing low density unsewered residential areas to sewered areas 4. The Mar Don Acres development is guided for Low Density Unsewered Residential land use on the proposed land use map, and is not in a Stage 1 (pre -2010) growth area. 5. Several property owners in Mar Don Acres desire to subdivide their one -acre lots and provide public sanitary sewer and water service to the properties. Several of these properties are included in a plat called Hailey Manor, but others are not. 6. It is in the public interest to provide public sanitary sewer and water service to existing lots with homes that do not have such service, particularly on lots with limited space for replacement onsite individual sewage treatment systems. 7. The City requires that any new lots under ten acres in size must have public sanitary sewer and water service. 8. Public sanitary sewer service cannot be extended into areas outside the MUSA. • 9. The comprehensive plan requires that MUSA would be available to an unsewered residential subdivision only with a Comprehensive Plan amendment. 10. A public hearing was held before the Planning & Zoning Board on July 9, 2003. • 11. An amendment of the comprehensive plan must be submitted to the Metropolitan Council for review. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves an amendment of the comprehensive plan for the area that includes the following properties in the Mar Don Acres plat: Lots 1 through 8, Block 1, and Lot 1, Block 2 Lots 1, 14, and 15, Block 3, and Lot 1, Block 4 BE IT FURTHER RESOLVED that the amendment of the comprehensive plan is to • change the land use designation from Low Density Unsewered Residential to Low Density Sewered Residential, and • include the area in the Stage 1 (pre -2010) growth area, and • obtain 17 acres of additional MUSA reserve for the described area, which shall only be allocated with plat approval • BE IT FURTHER RESOLVED that the amendment of the comprehensive plan shall be submitted to the Metropolitan Council for review and that the City's approval of the plan amendment is contingent upon approval by the Metropolitan Council. tL Adopted by the Lino Lakes City Council this day of S r �>{t Yki � L , 2003 ATTEST: Ann Blair,' ity Clerk • Joh Berg on Mayor Resolution 03-140, page 2 • AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 8, 2003 TOPIC: Hailey Manor i) Resolution 03-140: Comprehensive Plan Amendment: - Change Land Use From Low Density Unsewered to Low Density Sewered Residential, and - Obtain 17 Acres of MUSA Reserve, and - Include Area in Stage 1 Growth Area ii) First Reading, Ordinance 16-03: Rezone From Rural to R-1 iii) Resolution 03-120: Preliminary Plat, Variances for Lot Depth, and Allocation of 6.22 Acres of MUSA Reserve VOTE NEEDED: BACKGROUND 4/5 Resolution 03-140, Comprehensive Plan Amendment 3/5 Ordinance 16-03, Rezone From Rural to R-1 3/5 Resolution 03-120, Preliminary Plat, Variances, MUSA Frank Feela, Inc. has requested approval of the Hailey Manor plat. This project is unusual in that it involves redevelopment of four existing residential lots in the Mar Don Acres neighborhood. The project is driven by the desire of the existing homeowners to divide their lots to create additional lots. The proposed plat would subdivide four existing lots and result in 14 lots. Three lots on the north side of Lois Lane each would be divided into four lots. One lot on the south side of Lois Lane would be split into two lots. Existing homes would remain. To accommodate the development proposal, the following approvals are necessary: 1. Comprehensive plan amendment: change land use from Low Density Unsewered Residential to Low Density Sewered Residential, acquire 17 acres of MUSA reserve from the Metropolitan Council for the site, and include the site in the Stage 1 growth area. 2. Rezoning from existing Rural to R-1 Single Family Residential 3. Preliminary plat 4. Variance for lot depth: 132' instead of 135' 5. Allocation of 6.22 acres of MUSA reserve This project was discussed at the City Council's August 11`h meeting and August 25th meetings. The main unresolved questions are whether or not to amend the comprehensive plan for the redevelopment of the Mar Don Acres lots and the possibility of providing sanitary sewer and water service to additional properties in the neighborhood. • • Hailey Manor page 2 ANALYSIS The following is a summary of the of the proposal: Gross Site Area 6.22 acres (including existing right of way) Upland Area 6.22 acres (MUSA need) Total Lots 14 Gross Density 2.25 units/acre Net Density 2.25 units/acre When Mar Don Acres was platted in 1978, the northern 30 feet was included in an easement. This 30 feet was intended to be the southern half of a right of way for a road. The other half would be supplied when the land to the north was developed. (This became the Bluebill Ponds site.) The goal was to allow a continuation of the existing 79th St. The minutes from the P & Z meeting of March 8, 1978, state that the P & Z recommended: ...that the Mar Don Plat be approved subject to the requirement that the fee owner shall, after the filing of the plat execute a deed dedication to the City of Lino Lakes, of an easement for street and public utility purposes, on the north 30 feet of lots one through eight, both inclusive, Block one of said plat and that no building permits shall be issued until such deed is delivered to the City and accepted by the Council. The intent shall be that such street shall not be opened or/and unless and until further development demands the opening and use thereof and until the property owner to the north dedicates a 30 foot similar easement immediately north of and contiguous to said easement. Following the first review of Bluebill Ponds by P & Z in October 1999, several residents of Mar Don Acres informed us that they wanted the road built along the south border of Bluebill Ponds. They wanted the option of subdividing their lots, which requires the road to provide access. Staff held a neighborhood meeting on November 9, 1999 to discuss this issue. Residents along the alignment of the desired road were invited, including those in Mar Don Acres, Sherwood Green, and unplatted properties to the north (west of Bluebill Ponds). The meeting focused on the road itself, but other issues such as utility provision were discussed. No information was available regarding the feasibility of utilities. Based on this meeting and follow-up calls to residents who were not at the meeting, staff found that six of eight property owners in Mar Don Acres wanted the road. Residents in Sherwood Green and lots to the west of BlueBill Ponds did not want the road. Staff directed the developer to include a road on the plat. This is now Arlo Lane. Two years later, in November 2001, another neighborhood meeting was held. The discussion included utilities and potential assessments, the comprehensive plan, MUSA, zoning, subdivision requirements, and that platting requirements are designed to address stormwater management • • • Hailey Manor page 3 and the feasibility of sanitary sewer and water provision. Staff recommended that the property owners get together to determine how best to plat their properties as one action. The new subdivision and zoning ordinances were adopted in 2003. Meanwhile, Lois Lane residents had contacted potential developers. Several property owners entered came to agreement with Mr. Feela to plat their properties. Other property owners did not enter the agreement. The proposed Hailey Manor plat addresses all requirements to plat property. The feasibility of developing the other properties is unknown: sanitary sewer provision and stormwater management are major unresolved issues for those properties. 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 residential Low Density Unsewered Resid. Rural North residential Low Density Sewered Residential R-1 South residential Low Density Unsewered Resid. Rural East park and residential Low Density Unsewered and Sewered Residential R-1 and Rural West residential Low Density Unsewered Resid. Rural The City's comprehensive plan guides the Mar Don Acres neighborhood for Low Density Unsewered Residential. The plan addresses such neighborhoods directly: The rural areas also include unsewered low density residential land use areas on lot sizes of less than five acres in size. As illustrated on the Proposed Land Use Plan, the unsewered residential developments are scattered throughout the City. These unsewered residential subdivisions were created prior to 1990 when the City increased its rural lot size to 10 acres. Property owners within the unsewered residential subdivisions have expressed concerns related to nearby urban growth and the extension of utilities to their subdivision. The encroachment of urban growth has presented concerns for land use compatibility and traffic. Property owners are also concerned with cost of special assessments related to larger lots if utilities are extended within the subdivision. In response to these existing land use issues, the Proposed Land Use Plan recognizes the existing unsewered residential subdivisions as long term land use within the City. These properties will continue to exist in this present condition unless the property owners wish to pursue municipal utilities and resubdivision of the larger lots. To preserve the character of these unsewered residential subdivisions, the following strategies will be pursued: • Hailey Manor page 4 1. The existing unsewered residential subdivisions will remain outside the City' s MUSA and not be eligible for municipal utilities. 2. MUSA would be available to an unsewered residential subdivision only if the Comprehensive Plan amendment and a utility improvement is petitioned for by the majority of the property owners that may benefit from the utility improvement and approved by the City. City of Lino Lakes Comprehensive Plan, pages 82-83 Growth Management, MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA acres for residential growth for stage one (prior to year 2010). The MUSA reserve was calculated based on a specified amount of growth in specified areas. The total did not include growth resulting from converting existing low density unsewered residential areas to sewered areas. And, as noted above, the comprehensive plan clearly states that MUSA would be available to an unsewered residential subdivision only if the comprehensive plan is amended. The City is not using existing MUSA reserve to accommodate the Elm Street project. We are processing a comp plan amendment that includes a new MUSA request for that neighborhood. After several City Council discussions, it appears that the best thing to do would be to submit to the Met Council a comprehensive plan amendment that would include all the lots fronting on Lois Lane. This does not commit the City to providing utility service nor to allow the properties to redevelop. A platting application would be needed for that, and it would be subject to a review just like Hailey Manor or any development proposal. A comp plan amendment for the entire street does provide the possibility of utility service redevelopment. Therefore, if the project is to proceed, staff is recommending that the comp plan amendment include a request for: - a land use category change (unsewered to sewered) for all the Mar Don Acres lots with frontage on Lois Lane, - an additional 17acres of MUSA, which would be for those lots, - and to include the lots in the Stage 1 growth area. The MUSA allocation would be approved with the preliminary plat and granted with the final plat. That is, the properties will not have MUSA until they are rezoned, platted, and granted MUSA. Growth Management, Units/Year: The table below show the status of the staging plans for final platting new residential units. The ten new units in Hailey Manor would fit within the policy of 147 per year and so could be final platted in 2003—provided MUSA is made available for the project. The project also would fit in the 2004 lot allowance. • • • LOTS/UNITS Development Name and Phases Prelim Plat Phasing Tans by year (lots/units to be final platted) year end 2002 2003 2004 1 2005 2006 2007 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor (proposed) 10 Crystal Cove (propose 3 3 Bruggeman (proposec 152 50 54 48 minor subdivision lots 1 total 51 172 175 100 43 33 remaining of 147 exceeds target of 147 by percent -25 -28 25 28 17% 19% 47 104 114 Hailey Manor page 5 Once the City approves the application, it must submit the comprehensive plan amendment to the Metropolitan Council for review. Any City approval of the application will be contingent upon Met Council approval of the plan amendment. This will add time to the process. Rezoning The site currently is zone Rural. In order for the urban -sized lots to be created, the site must be rezoned to an urban residential zone. As stated in the zoning ordinance: 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. The application includes an amendment of the comprehensive plan to change the land use and the MUSA line to accommodate the project. If this amendment is approved, the project would comply with the comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Bluebill Ponds to the north and Highland Meadows West to the east both are zoned R-1. The R-1 zone allows lots of 10,800 sf, which would accommodate the Hailey Manor lots, and would be consistent with adjacent urbanized development. The rest of the Mar Don Acres neighborhood will remain as larger lots. Lot size alone does not create an automatically incompatible situation. • • • Hailey Manor page 6 3. The proposed use conforms with all performance standards contained herein (in the ordinance). The new lots will conform to the R-1 standards in the zoning ordinance except for the lot depth. This will be resolved with approval of the variances (see below under "Lots"). 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Sanitary sewer and water are available in Lois Lane at the west edge of the Highland Meadows West development, adjacent to the Hailey Manor site. Connecting 14 single family homes will not overburden these systems. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The addition of 10 single family homes will not overburden the roadway system. Lois Lane has outlets to the east and west and Country Lane connects to 77th St. to the south. The current rezoning proposal would apply only to the property included in the Hailey Manor plat. Future redevelopment of other properties would require a rezoning and platting of such properties. Preliminary Plat/Development Stage Plan Lots: The lots on the north side of Lois Lane will be 132 feet in depth. The minimum lot depth in an R-1 zone is 135 feet. When the Mar Don Acres lots were platted, they were 294' deep. The 30' easement on the north edge, which now includes Arlo Lane, reduces the depth to 264'. Half of that is 132'. It is impossible to know why the extra six feet was not planned for when Mar Don Acres was platted. However, it is clear that the intent was to plan for a road on the north side, and a 30' easement was platted. The construction of Arlo Lane fulfilled that plan for a street. The City approval of the creation of Arlo Lane was an acknowledgement of the intent to provide the opportunity for the Mar Don Acres lot to subdivide. In order to fulfill this, the lots must be smaller than 135' in depth. The locations of Arlo and Lois Lanes prevent larger lots. It may be possible to add three feet onto one row of lots and make the other row 129', though the value of such a change is questionable. The reduced lot depths are acceptable. A second issue arises due to the locations of existing streets. Joseph Court forms a "T" intersection on the north, and Country Lane does so on the south. The driveways on Lots 2, 3, and 9 should be located as far as possible from these intersecting streets. This is included as a condition of approval. • • Hailey Manor page 7 Streets: Arlo Lane, Lois Lane and Country Lane all are existing roads. No additional roads are being proposed. The existing road system can accommodate the traffic generated by the 10 new homes. As part of the final plat, the developer must dedicate the Arlo Lane right of way. This will fulfill the intent of the City when Mar Don Acres was platted. Arlo Lane exists now, and the dedication will be a formality. Utility work in Lois Lane will disturb the existing pavement. This road must be reconstructed, with curb and gutter, up to City standards. 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, as Highland Meadows Park abuts the site. The park dedication will be $1665 x 10 new home lots = $16,650. Utilities: Sanitary sewer and water are available in Lois Lane at the west edge of the Highland Meadows West development, adjacent to the Hailey Manor site. All lots, including existing homes, must connect to utilities. Onsite septic systems must be abandoned according to law. In addition, existing wells likely will have to be capped because of proximity to new sanitary sewer lines. These and other issues discussed in the City Engineer review memo must be addressed to his satisfaction. Other property owners along Lois Lane petitioned for utilities, but there lots are not included in the plat application. Because of the shallow depth of the sanitary sewer pipe, it is not known how their properties would be served. This is addressed in the plat for those properties included in the plat. As discussed at the August 25 meeting, the City Engineer surveyed the lots west of Hailey Manor for home elevations. The goal is to determine if the lots can be served by a gravity sewer line connecting to the existing Highland Meadows West facility. Further analysis is necessary, but the preliminary study has concluded that: - Lots 4 and 5, Block 1, and Lots 14 and 15, Block 3, can be served - Lots 2 and 3, Block 1, are questionable, but maybe it will be possible to serve them - Lot 1, Block 1, and Lot 1, Block 4 (the two westernmost lots) cannot be served because the gravity line would be too shallow Those lots that can be served may need to utilize individual grinder pumps. These would pump wastewater from the home up to the gravity sewer line in the street. • If Lots 2 and 3 can be served, this potential for gravity sewer service on the north side of Lois Lane corresponds with the lots that have Arlo Lane frontage. • • • Hailey Manor page 8 Grading and Stormwater Management: The grading plan proposes a pond to be created within the rear yards of the lots north of Lois Lane. The outlet of this pond will be between Lots 5 and 6, Block 1, to the existing stormwater sewer facilities in Arlo Lane. Plans revised since the initial submittal show a swimming pool in the proposed drainage easement in the rear yard of Lot 10 (existing house, Lot 7). The City should not allow a swimming pool in a drainage and utility easement. This must be resolved. The grading and drainage related modifications and comments, as recommended by the City Engineer in the attached memorandum must be addressed to the City Engineer's satisfaction. The plan is also subject to review and approval from the Rice Creek Watershed District. Stormwater management is a major issue. This has not bee addressed for properties not included in the plat. ENVIRONMENTAL BOARD The Environmental Board reviewed the project at its June 25 meeting. The following is an exerpt from the Environmental Specialist memo that covers several projects: Topic: Frank Feela Inc., Manor Recommendations: The Environmental Board made the following comments and recommendations concerning Hailey Manor: • Look at a more creative design, such as duplexes or other structures, to create more open space on the North side. • Identify an access area for the proposed infiltration pond. • Identify a control (signage and legal) for the preservation of native materials in the infiltration area. • Work with the City Natural Resource Specialist to try to save more hardwood trees. • Recommend not setting precedence on a rezone request where there is no defined MUSA allocation. (Strong concern about this issue.) • Follow Staff (Environmental Specialist) recommendations: Infiltration areas proposed on site should have the City native seed specification used. Native seed should be applied at the same time as erosion control vegetation seed is applied. There should be no importing or exporting of soil form the site with out City approval. All BMPS for erosion control and compaction control should be followed. Soils should be restored to pre -grading compaction densities. A boulevard tree should be provided for each lot frontage. The tree inventory should indicate genus and species with size. Several recommendations have been included in the conditions of approval, below. Notes on the grading plan include tilling the infiltration basin to 6" prior to seeding, which addresses the • • • Hailey Manor page 9 compaction issue. Access to the pond is identified on the grading plan. A drainage and utility easement will be required over the pond—signage can be discussed with the developer. The MUSA/rezoning issue is addressed by the comprehensive plan amendment request. The project requires additional MUSA along with the change to the land use. The application requires the approval of both the City and the Met Council. PLANNING & ZONING BOARD The P & Z conducted a public hearing on the project on July 9. The P & Z recommended approval with the conditions listed below. These conditions have been incorporated into the two resolutions and ordinance. CONDITIONS OF APPROVAL Approval of the project should include the following conditions: 1. The City's approval of the comprehensive plan amendment, rezoning, preliminary plat and variance is contingent upon Metropolitan Council approval of the comprehensive plan amendment. The final plat shall not be reviewed by City Council prior to said Metropolitan Council approval. 2. All lots in the plat, including the existing homes, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be abandoned. 3. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 4. As a result of the utility main construction, the developer shall restore Lois Lane by complete reconstruction with concrete curb and gutter and new bituminous surfacing. 5. Issues discussed in the City Engineer review memo of August 26, 2003 must be addressed to his satisfaction. 6. All landowners shall sign development agreement and final plat or an agreement to plat. The City Attorney must review relevant documentation. 7. The north 30 feet shall be dedicated to the City on the final plat for right of way for Arlo Lane. 8. To minimize conflicts with existing street intersections, the driveway on Lot 2, Block 1 shall be as far east as possible; the driveway on Lot 3, Block 1 shall be as far west as possible; and the driveway on Lot 9, Block 1 shall be as far east as possible. • • • Hailey Manor page 10 9. Park dedication of $16,650 shall be paid. 10. A permit from the Rice Creek Watershed District must be issued prior to final plat approval by the City. 11. Infiltration areas proposed on site should have the City native seed specification used (rather than MnDOT mix specified in grading notes). 12. A boulevard tree shall be provided for each lot frontage. OPTIONS. 1. Approve the applications, with separate votes, as follows: i) Resolution 03-140, Comprehensive Plan Amendment ii) First Reading of Ordinance 16-03, Rezone From Rural to R-1 iii) Resolution 03-120, Preliminary Plat, Variances, and Allocation of MUSA Reserve 2. Deny the applications with separate votes and findings stated for the record. 3. Return to staff with direction. RECOMMENDATION Option 1 This review is based on the following plans and information: City Engineer Comments dated August 26, 2003 Environmental Board Comments, June 25, 2003 Boundary/Topographic Survey, June 9, 2003 Preliminary Plat, revised July 31, 2003 Preliminary Utility Plan, revised July 31, 2003 Preliminary Grading and Erosion Plan, revised July 31, 2003