HomeMy WebLinkAbout2003-141 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 03-141
RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCES FOR
THE CRYSTAL COVE DEVELOPMENT
WHEREAS, the City has received applications for developing an area known as Crystal
Cove; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on August
13, 2003; and
WHEREAS, the proposed preliminary plat meet the requirements of the City's Growth
Management, Zoning and Subdivision Ordinances; and
WHEREAS, the City Council approved Ordinance 18-03 rezoning the eastern portion of
the site to R-2;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby
approves the preliminary plat for Crystal Cove, including variances, with the following
• conditions:
1. Ten feet of right of way shall be dedicated to Anoka County for Lake Drive. This
shall be included on the final plat.
2. Variances are approved for lot depth for all three lots, and for lot width, and lot area
for Lot 2. The lots shall be final platted in substantial conformance with the
preliminary plat.
3. Park dedication of$4,995 shall be paid: $1665 per dwelling unit.
4. Plans for connecting to sanitary sewer and water must be submitted for City Engineer
review prior to final plat approval.
5. The location of and need for an easement for the existing stormwater facility between
Lake Drive and the pond north of 79th St. shall be determined prior to final plat
approval. If needed, this easement shall be dedicated on the final plat.
6. Proposed grading contours shall be shown on a revised plan prior to final plat
approval.
7. The resolution shall not be in effect until Ordinance 18-03 is in effect.
. 8. Right of entry shall be dedicated to Anoka County along Lake Drive on the final plat.
• 9. This approval is based on the Preliminary Plat and Drainage Plan for Crystal Cove,
revised August 27, 2003, and supporting documentation:
Passed by the Lino Lakes City Council thi 5 - day of � + 2003.
G
Joh Ber 'on, M yor
ATTEST: /
Ann Blair, City, lerk
•
Resolution 03-141, page 2
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• AGENDA ITEM 7 B
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: September 8, 2003
TOPIC: First Reading, Ordinance No. 18-03:
-Rezoning From R-1 to R-2
Resolution No. 03-141,
-Preliminary Plat and
-Variances for Lot Depth, Lot Width, Lot Area
Crystal Cove (Outlot B, Highland Meadows East)
North Suburban Development, Inc.
BACKGROUND
The site was platted as Outlot B when the Highland Meadow East plat was approved in 1999.
The parcel of 0.64 acre is located at the southwest corner of Lake Drive and 79t' Street. The
application involves the rezoning of part of the outlot and a preliminary plat that covers the entire
outlot. The plat would create three lots: one lot for a single family detached home, and two lots
that accommodate a two-family attached structure (duplex). The rezoning applies to the two
duplex lots. The extremely irregular shape of the property creates a number of constraints that
affect the ability to meet several minimum requirements regarding lot dimensions and area.
To accommodate the development proposal, the following approvals are necessary:
1. Rezoning of the east side of the site from R-1 to R-2.
2. Preliminary Plat, including
3. Variances for lot depth and width.
ANALYSIS
Comprehensive Plan,Land Use, Zoning
The following is a summary of the of the proposal:
Gross Site Area 0.64 acres
Upland Area 0.64 acres
Total Lots 3
Net Density 4.7 units/acre
The site is within the existing MUSA. The site is guided for Medium Density Residential, at 3-6
units per acre. The proposal complies with this density.
• Crystal Cove
page 2
The table below identifies the existing land use, guided land use, and zoning for the area.
Location Existing Land Use Guided Land Use Existing
Zoning
Site vacant Medium Density Residential R-1
Stage I ( re-2010)growth area
North residential (Twilight Low Density Sewered Residential R-1
Acres, across 79th)
South residential Medium Density Residential R-1
East Lake Drive, VFW General Business GB
West residential Medium Density Residential R-1
(Highland Meadows
East)
Previous to adoption of the 2002 comprehensive plan, the site was guided for single family
residential. The Highland Meadows East plat reflects this with the single family homes along
. 79`h St. In reviews of that plat, however, the City noted that the future land use would be
medium density on the remaining land in the plat and to the south, according to what was then
the draft comprehensive plan. Outlot A, to the southwest of Outlot B, was intended to
accommodate medium density housing. For access, Outlot A includes land intended for a right
of way that aligns with Nancy Drive. Immediately abutting Outlot A on the west (Highland
Meadows West) are 52 townhomes in 13 quad-home structures.
Growth Management Policy: The City's Growth Management Ordinance establishes annual
limits on allocation of MUSA reserve and the number of new units that can be platted. The site
is within the existing MUSA. Adding three dwelling units has minimal effect.
LOTS/UNITS
Phasing plans by ar lots/units to be final platted
Development Name Prelim year end
and Phases Plat 2002 2003 2004 2005 2006 2007
Stoneybrook 103 51
2nd Addn 52
Century Farm North 249 1 56 65 521 43 33
Ravens Hollow 56 56
Haley Manor(proposed) 10
Crystal Cove(proposed) 3 3
Bruggeman(proposed) 152 50 54 48
minor subdivision lots 1
total 51 1721 175 1001 43 33
remaining of 147 -25 -28 47 104 114
exceeds target of 147 by 25 28
percent 17% 19%
Crystal Cove
page 3
Rezoning
The current zoning, R-1 Single Family Residential, does not allow two-family structures. That is
the reason for the application to rezone Lots 2 and 3 to R-2 Two-Family Residential. The zoning
ordinance requires that, for a zoning amendment application:
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 project complies with the land use in the comprehensive plan: the site is guided
for Medium Density Residential use, at 3-6 units per acre. The project is consistent
with the units/per year limit of the growth management policy. The comprehensive
plan does promote the creation of housing variety. A two-family structure is
consistent with this goal.
2. The proposed use is or will be compatible with present and future land uses of the area.
The one duplex structure does not pose a compatibility problem with existing nearby
homes. According to the comprehensive plan, future development to the south will
be at a similar density: 3-6 units/acre.
3. The proposed use conforms with all performance standards contained herein (in the
zoning ordinance).
As discussed below under"Preliminary Plat: Lots", variances would be needed as the
project is proposed. Lot depth and area issues are due to the irregular configuration
of the site. Granting variances would make the proposal consistent with City
requirements.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
Both water and sanitary sewer service are available in 79`h St. on the north side of the
site and in Lake Drive. The systems have adequate capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
0 property.
The creation of three dwelling units will not overburden the roads. No new roads are
proposed or necessary to serve this three-unit development.
• Crystal Cove
page 4
Preliminary Plat
The proposal does not require extension of sanitary sewer, water, or transportation infrastructure
as these services are available at the site. The proposed lots would have access via 79th St. rather
than Lake Drive.
Lots, Variances: The following table lists the lot requirements in the R-1 and R-2 zones.
R-1 proposed R-2 proposed
minimums Lot 1 minimums Lots 2 & 3
lot area 10,800 sf 10,800 sf
base lot area 15,000 sf 15,636 sf
unit lot area 7,500 sf Lot 2 5,153 sf
Lot 3 10,483 sf
lot depth* 135' 125' 135' Lott 130'
Lot 3 134'
lot width** 80' 87'
base lot 100, 120'
unit lot 50' Lot 2 40'
Lot 3 80'
setbacks
local street 30' 35' 30' 30+'
collector/arterial 40' 40' Lot 3 40'
side 10, 20' 10, Lot 2 12'
5' accessory 7' 5' accessory
rear 30' 44' 30' 30+'
5' accessory 5' accessory
* Lot depths are the average distance between the front and rear lot lines, measures at right
angles, and were measured manually on the submitted plat. The precise distances may differ
slightly
**Lot widths are measured at the setback line, not at the street frontage, and were measured
manually on the submitted plat. The precise distances may differ slightly.
Outlot B of Highland Meadows East is an irregular piece of property. None of the lot lines are
parallel or meet at right angles. The irregularity of the site results in several design difficulties.
For example, the sharp angle formed by Lake Drive and 79th St. creates a severe restriction on
use of the property because the setbacks from the roads cover a large portion of the site.
• Crystal Cove
page 5
Lot Depth: All three proposed lots have less than the required minimum lot depth of 135 ft.
This is due to the irregular shape of the original Highland Meadows East property: the southern
line of Outlot B is not parallel with Lot 1, Block 2, the lot bordering the west side of the plat. A
variance for lot depths is unavoidable if the property is to subdivide because dividing the
property requires the new lots to front on 79t'St.
Lot Width: On the Crystal Cove plat, Lot 2 is approximately five feet short of the minimum
lot width. The review for the Planning & Zoning Board discussed decreasing the width of Lot 1
in an attempt to increase the width of Lot 2. This was examined by the developer. Decreasing
the width of Lot 1 down to 80' would reduce its area below 10,800 sf because it is not a
rectangular lot. In order to keep two of the lots at the minimum area, it is necessary that Lot 2 is
smaller than the minimum. This is all caused by the irregular shape of the property and the acute
angle of the street intersection.
Lot Area: Lot 2 does not meet the minimum of 7500 sf. Because of the irregular shape of
the site, it is not possible to meet the minimum.
Though Lot 3 has excess area and width, the 40' setback from Lake Drive prevents moving
everything to the east. It is better to maintain the Lake Drive setback and reduce the lot size than
move the structure closer to the road—a principal arterial.
For these reasons, staff supports variances on lot width, depth, and area.
Variance Findings of Fact: In considering all requests for variance or appeal and in taking
subsequent action, the City shall make a finding of fact:
a. That the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
b. That the plight of the landowners is due to physical circumstances unique to his property not
created by the land owner.
c. That the hardship is not due to economic considerations alone if reasonable use for the
property exists under the terms of the ordinance.
d. That granting the variance requested will not confer on the applicant any special privilege
that would be denied by this ordinance to other lands, structures, or buildings in the same
district.
e. That the proposed actions will be in keeping with the spirit and intent of the ordinance.
The irregular shape of site prevents the subdivision of the property in a way that would meet the
minimum lot dimensions in the zoning ordinance. The acute angle formed by the intersection of
79t1i St. and Lake Drive create a particularly large area that is not buildable because of the
• setbacks from the roads. It is reasonable to develop the site in conformance with the land use
category of the comprehensive plan. It is unlikely that other properties in the area are so
irregularly shaped.
Crystal Cove
page 6
Streets: The proposal requires no new streets. It is common to require the dedication of
additional right of way. Thirty feet of right of way was acquired for 79`h St. as part of the
Highland Meadows East plat. An additional 10 feet is needed to complete the Lake Drive right
of way: 60 feet from the centerline. (Ten feet would be acquired on the east side of Lake Drive
if and when land there subdivides.) A right of entry should be dedicated to Anoka County on the
final plat to prevent new accesses onto that arterial road.
Utilities: Public water and sanitary sewer exist both in 79`h St. and Lake Drive. Whether it
is better to connect in 79th or Lake Drive, and how best to make those connections, is being
examined. As with any plat, workable plans will be required.
Grading and Drainage: The lots will drain to the stormwater facilities in the existing
roadways. Specific grading contours will be required prior to final plat approval.
An existing storm sewer pipe crosses the extreme northeast corner of the site. This serves to
connect an existing pond on the north side of 791h St. to the stormwater facilities in Lake Drive.
The exact location of this pipe has not been determined, nor has it been determined if an
easement for it exists. This must be resolved prior to final plat approval.
• On a larger project, the City would require that these utility and stormwater issues be addressed
with the submittal. Because of the small scope of this plat, staff is comfortable that the contours,
exact stub locations, size of pipes, and location of a culvert in the very corner of a site will be
resolved prior to final plat approval.
Park Dedication: At the time of the Highland Meadows East plat, the City collected park
dedication fees for the four new house lots created by that plat. The City did not collect park
dedication for Outlot B or Outlot A. As stated in the staff report at the time, park dedication for
these outlots is to be addressed when they are platted. The cash dedication is $1665 per dwelling
unit. The creation of three new dwelling units requires park dedication of$4,995. This will be
collected with the development agreement financial securities.
PLANNING & ZONING BOARD
The P & Z held a public hearing on August 13. The Board recommended approval with
conditions. Conditions not already resolved are listed in Resolution 03-141.
•
Crystal Cove
page 7
OPTIONS
l. Approve the first reading of Ordinance No. 18-03, rezoning the eastern portion of the site
from R-1 to R-2.
2. Approve Resolution No. 03-141, approving the variances for lot depth, lot width, and lot
area, and approving the preliminary plat.
3. Return to staff with direction.
RECOMMENDATION
Options 1 and 2
This review is based on the following:
Preliminary Plat and Drainage Plan for Crystal Cove, revised August 27, 2003
•
. - I IIIIII IIIII Ilill IIIII IIIII Iilil IIIII IIII IIII
Record ID 1756979
C I T OF
IN KE
1989705 . 002
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION 03-141
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
of Minnesota, certify that I have examined the attached copy of Resolution No. 03-141 approving
a preliminary plat and variances for the Crystal Cove Development, approved by the Lino Lakes
City Council on September 8, 2003, and have carefully compared the same with the original on
file in this office, and that the attached copy is a true, correct and complete copy of the original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on December 8, 2006.
--Zi y Jerk
600 Town Center Parkway, Lino Lakes, MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
CITY OF LINO LAKES
RESOLUTION NO. 03-141
RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCES FOR
THE CRYSTAL COVE DEVELOPMENT
WHEREAS,the City has received applications for developing an area known as Crystal
Cove; and
WHEREAS, a public hearing was held before the Planning &Zoning Board on August
13, 2003; and
WHEREAS, the proposed preliminary plat meet the requirements of the City's Growth
Management,Zoning and Subdivision Ordinances; and
WHEREAS,the City Council approved Ordinance 18-03 rezoning the eastern portion of
the site to R-2;
NOW, THEREFORE,BE IT RESOLVED that the City Council of Lino Lakes hereby
approves the preliminary plat for Crystal Cove,including variances, with the following
conditions:
1. Ten feet of right of way shall be dedicated to Anoka County for Lake Drive. This
shall be included on the final plat.
2. Variances are approved for lot depth for all three lots, and for lot width, and lot area
for Lot 2. The lots shall be final platted in substantial conformance with the
preliminary plat.
3. Park dedication of$4,995 shall be paid: $1665 per dwelling unit.
4. Plans for connecting to sanitary sewer and water must be submitted for City Engineer
review prior to final plat approval.
5. The location of and need for an easement for the existing stormwater facility between
Lake Drive and the pond north of 79`h St. shall be determined prior to final plat
approval. If needed, this easement shall be dedicated on the final plat.
6. Proposed grading contours shall be shown on a revised plan prior to final plat
approval.
7. The resolution shall not be in effect until Ordinance 18-03 is in effect.
8. Right of entry shall be dedicated to Anoka County along Lake Drive on the final plat.
9. This approval is based on the Preliminary Plat and Drainage Plan for Crystal Cove,
revised August 27,2003, and supporting documentation:
Passed by the Lino Lakes City Council thi day of "I f 2003.
Jo .Ber on,M yor
ATTEST:
Ann Blair, City, lerk
Resolution 03-141,page 2
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'1OKA C(-)UN 1 Y MINNhS(JIA
Document No.: 1989705.002 ABSTRACT
I hereby certify that the within instrument Nvas filed in this
office for record on: 12/13/2006 9:01:00 AM
FeesJaxes In the Amount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
Administrator Recorder/Registrar of Titles
NLW, Deputy
Record ID: 1756979 Qom- qQ