Loading...
HomeMy WebLinkAboutResolution 6145 (2)RESOLUTION NO. 6145 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE LONGVIEW ESTATES MAJOR SUBDIVISION MOUNDS VIEW PLANNING CASE NO. MA03-001 WHEREAS, Marty Harstad of EICHI, Inc., representing property owner Keith Harstad, has applied for a major subdivision for a single family residential subdivision on land located west of Longview Drive, south of County Road H2, east of Silver Lake Road and north of Woodcrest Park; and, WHEREAS, the preliminary plat date-stamped October 30, 2003 contemplates a fifteen lot subdivision, with eight lots fronting Longview Drive and seven lots fronting Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: Lot 4, Block 1, Mueller Addition Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential and the adopted Comprehensive Plan designates the parcel for low-density residential development; and, WHEREAS, the proposed subdivision is within a Wetland Zoning District; and, WHEREAS, within a wetland zoning district, the minimum lot width for single-family residential lots is 125 feet and the minimum lot area is 20,000 square feet; and, WHEREAS, the proposed preliminary plat satisfies the minimum expanded subdivision requirements as identified in Chapter 1010 and Titles 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat, date stamped Oct 30, 2003 3. Zoning Map 4. Wetland Zoning District Map 5. Location Map 6. FEMA Map 7. Photographic Documentation 8. Letters Submitted by Residents 9. Planning Commission Resolution 745-03 10. Staff Report ~ ~'~~ WHEREAS, In accordance with Section 1204.04, Subd. 4 of the Mounds View Municipal Code, all subdivisions of land are subject to park dedication fee requirements; and, WHEREAS, the City Council held a duly noticed public hearing regarding this preliminary plat on Monday, January 12, 2004. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat for the Longview Estates major subdivision, subject to the following conditions: 1. Prior to the City Council considering the Longview Estates final plat, the applicant shall perform or complete the following: a. The applicant shall apply for and receive approval of a watershed permit through Rice Creek Watershed District. b. The applicant shall apply for and receive approval of a City of Mounds View Wetland Alteration Permit. c. The applicant shall submit detailed soil borings and hydrology reports relating to the subject property. 2. Areal estate appraisal shall be conducted on the property by an independent appraiser to determine the market rate land value of the site to establish the park dedication fee. 3. A tree inventory shall be performed to identify and locate significant trees on the site. 4. The applicant shall be prohibited from removing trees and grading within the Longview Drive right of way except for those areas identified for driveways and except as expressly authorized by the City Council. 5. All homes on Silver Lake Road shall have turn-grounds (or "T"s) and shall share driveways to whatever extent possible to minimize the number of additional access points on Silver Lake Road. 6. The applicant shall be responsible for obtaining access permits from Ramsey County for any and all work occurring within the County right of way. 7. The applicant shall enter into a development agreement which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of Longview Estates. 8. The applicant shall apply for Final Plat approval no later than January 1, 2005 or the Preliminary Plat approval will become null and void. °¢ a„i 9. The Final Plat shall reflect a trailway or sidewalk in a location or locations identified by the City Council. 10. All utilities within the development area and to the individual home sites shall be located underground. Adopted this 12th day of January, 2004 Jerry Linke, Mayor ~~ , ATTEST: ` Kurt Ulrich, City Clerk /Administrator (SEAL) Mounds View City Council January 12, 2004 Regular Meeting Page 7 Public Works Director Lee indicated the vehicle is a1989 Chevrolet 4x4 but he does not know ho many miles are on it. He then explained that the City has a 10 year replacement policy but at the 10 years the vehicle is put into a fleet to utilize for as long as possible before they are traded off. Council Member Stigney asked if it would be possible to utilize a smaller truck or if a full size truck is necessary. Public Works Director Lee indicated that the duties of this vehicle require a full size truck to be able to haul the various types of equipment. MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6171, a Resolution Approving the Purchase of a Replacement `/2 Ton 4x4 Pick Up Truck. Ayes - 5 9. COUNCIL BUSINESS A. Public Hearing, First Ordinance Authorizing Fees for Service in 2004. Nays - 0 Motion carried. Reading and Introduction of Ordinance 728, an the City Council to Set Storm Water Management Mayor Linke opened the public hearing at 7:55 p.m. Finance Director Hansen indicated that the numbers presented are what was discussed at the work session in November. He then updated Council on the reasons behind the rate increase. Mayor Linke closed the public hearing at 7:58 p.m. MOTION/SECOND: Stigney/Quick. To Waive the Reading, Introduce the First Reading and Approve Ordinance 728, an Ordinance Authorizing the City Council to Set Storm Water Management Fees for Service in 2004. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing and Consideration of a Preliminary Plat for the Longview Estates Major Subdivision. Mayor Linke opened the public hearing at 8:00 p.m. Director Ericson explained the application for preliminary plat approval for Longview Estates indicating it would be a major subdivision containing 15 lots. Director Ericson indicated the Planning Commission recommended denial of the subdivision based on unknown factors associated with the wetlands. About half of the property is wetland so to subdivide the property there would be some significant fill brought in and that is shown in Mounds View City Council January 12, 2004 Regular Meeting Page 8 yellow on the map. The areas shaded in blue would be areas that would be mitigated to address the areas that are filled. He then indicated that the application has not been reviewed by Rice Creek Watershed District but it meets the basic requirements. Director Ericson indicated there has been a lot of citizen and resident feedback on this matter. He then handed out another letter from a resident concerning the subdivision and said that residents are concerned about the hydrology and nature and trees as well as the setting but the biggest issue is the hydrology. He then said that there would need to be significant fill on the site for the house pads as there are a lot of organic soils and explained that one of the stipulations of any approval would be the requirement of a soil analysis and soil borings. Director Ericson indicated that this plan does satisfy the City's Comprehensive Plan although there is a clause that any subdivision of land needs to take into consideration the environmental aspects of the property. He then read the list of requirements that would need to be conditions of approval emphasizing that the applicant would not be allowed to allow any additional run off downstream from his property when homes are built and cannot affect the neighboring properties. Director Ericson indicated that easements would need to be dedicated on this property and a park dedication fee would need to be paid. He then said that the assessed value of this property is substantially less than what Staff feels would be an appropriate value Staff recommends that an appraisal be done. Director Ericson indicated that traffic issues are also a concern of residents but the roads were designed to anticipate development in the area. This development would create more traffic in the area but the road is designed to handle it. He then said that Staff is concerned with allowing driveways with direct access onto Silver Lake Road so one condition of approval would be that all driveways along Silver Lake Road would have to have a "T" to allow room to back out and turn around so the vehicles could pull out onto Silver Lake Road going forward to minimize the danger. Director Ericson indicated that the property is very heavily vegetated and the plan, if approved, would mean that all of the trees outside of the wetland area be removed. He then indicated that Staff recommends requiring that any trees located within the right-of--way be preserved and allow only removal for driveway access. Director Ericson indicated that Staff would need to discuss with the applicant the addition of a trailway to the plan. Director Ericson suggested that Council discuss the issues with the hydrology of the site. He then said that the Planning Commission recommended denial but Staff has been advised by the City Attorney that this plat does satisfy the City's Code and he advises the Council to approve the preliminary plat with specific conditions that would address and resolve any issues of the residents and the City with regard to the hydrology and other issues. Mounds View City Council January 12, 2004 Regular Meeting Page 9 Director Ericson indicated there is substantial cost for a full blown hydrology analysis and without preliminary plat approval it is unreasonable to expect it. Director Ericson indicated that Staff concurs with the City Attorney's recommendation to approve subject to the many conditions listed by Staff. He then indicated that if the plan were approved, the applicant would need to obtain a wetland alteration from the City and there are numerous requirements that would need to be met. Mayor Linke asked if the City is covered through a development agreement with the developer to cover all Staff costs and engineering costs. Director Ericson indicated the application that was included with the Staff report contains a disclaimer indicating that the applicant is responsible for the costs associated with the application. Council Member Gunn told residents the preliminary plat approval contains 10 conditions and said that the document was in the public book if they wished to read them. Mr. Harstad addressed Council and provided an overview of his development requests for this property. In 2001 he had before Council the 11 lot plat that required variances along Longview Drive as the lots did not meet the lot width requirements imposed by the wetland ordinance requirements. He then indicated that the City had requested Rice Creek Watershed District approval before he came to the City so he obtained that and was ultimately denied the variance. He further commented that the previous plan did not have any lots along Silver Lake Road and would have provided a tree buffer through a conservancy easement to maintain the block of trees that was 150 feet wide. Mr. Harstad indicated that the site in general has not changed since 2001. It is the storm sewer for Silver Lake Road and Longview due to the lack of catch basins in the area. He further commented there is a culvert from Silver Lake Road that dumps onto this property. He then indicated that when the first proposal was before the watershed, the one thing that they were excited about was that the water would have been channeled to a pond to be treated before entering the wetland. Mr. Harstad indicated that as part of the new project they would be treating storm water into a pond so the quality of the wetland would improve. He then said they would be doing some significant land modification staying under the half an acre requirement and will be replacing wetlands at a 2 to 1 ratio. He further indicated they would be filling .47 acres of land and recreating, along with credits for cleaning up storm water, 8.6 acres of wetland. Mr. Harstad indicated that he has been asked whether he likes this development better than the first proposal and the honest answer is that he does not because he would prefer the buffer of trees but the Council and Planning Commission said they did not want the other development because it required a variance for lot width. Mounds View City Council January 12, 2004 Regular Meeting Page 10 Mr. Harstad indicated they would be utilizing the existing curb stops that are there and there would be two extra curb stops that would be capped. There is sewer and water on Silver Lake Road on the other side so they would have to bore under Silver Lake Road and bring it across. It becomes complex as there is no curb or storm sewer along Longview. There is curb but it goes to an open ditch, which is unusual in today's age. He then said that the same is true for the sidewalk, because it should be right along Silver Lake Road but the County chose to dig the ditch so it creates obstacles to be worked through with the County. Mr. Harstad indicated that there would be significant tree loss on the property but assured residents that he would maintain whatever trees possible as it adds value to the project to leave them. Dallas Thompson of 5178 Longview Drive indicated that this plan would be a massive change to the area and that concerns him. He then asked Council who his lawyer should contact should he develop water problems in his home after the homes are built on the wetland. He further commented that he has no water issues now and does not want any after the homes are built there. Mayor Linke indicated that the developer is required to follow specific criteria from the City, the County, and Rice Creek Watershed District to ensure that the adjoining properties are not negatively impacted. He further indicated that the water cannot flow off of this property and onto adjacent properties. Council Member Stigney asked if it is possible to state something in the development agreement that Mr. Harstad has a responsibility for any water damage caused to adjoining properties attributed to this development. Director Ericson indicated the City usually requires a performance bond but the difficult thing would be proving responsibility for someone's water issue. He then said that if someone incurs damage that can be directly attributed to the development the developer could be held responsible but if there is some 100 year event that happens to everyone and they all have water it would be difficult to prove that the water damage is directly attributable to the developer building those homes. Director Ericson indicated that the bonding could be drafted to be extended a couple of years to account for any potential issues but residents would still need to prove that the water was caused by the development. He then said that the hydrology analysis and Rice Creek Watershed District will dictate the requirements necessary to resolve any drainage issues with the site. Barbara Koziak of 5173 Red Oak Drive indicated she has lived at her home since 1973 and, at the time they purchased the property, they were told the area was a protected wetland that would not be built on. She then commented that the area is a very nice wildlife wetland area that should be protected. She further commented that the bonding for any damages does not help her because she does not want the damage in the first place. Mounds View City Council January 12, 2004 Regular Meeting Page 11 Mayor Linke indicated the City has a wetlands ordinance and Rice Creek Watershed District has requirements to protect the area. He then said that Mr. Harstad still has to prove to the City that he is not going to be damaging the wetlands and if he cannot do that the City has the right to say no to the project but, to get to that step, he needs preliminary plat approval. Ms. Koziak asked what the process is to prove he can build there. Mayor Linke indicated that soil borings would need to be done. He then said that an independent soil boring firm would be contracted and they are bound by law to provide an impartial analysis of the soil. Ms. Koziak asked how long the process would take. Mayor Linke indicated the Resolution states that everything needs to be ready by this time next year or the approval is void. Council Member Quick pointed out that Mr. Harstad could resubmit an application if he does not meet the one year deadline. Council Member Marty indicated that there was a wetland delineation study done at the golf course with soil borings and it was during a relatively mild precipitation summer and that study took two years because it was necessary to have a normal summer for precipitation. He then asked whether that would be an issue at this property. David Jahnke of 8428 Eastwood Road commented that he feels bad for the residents because the fact is they were not told that legally he can do this and the bottom line is this project is going in. He then said the residents thought they could stop this plan but they would have been better off if they agreed to the first plat that was only 11 lots rather than 15. Mayor Linke commented that it is coming but there are rules that need to be followed. He then said that any piece of land is open for development by the owner of the property. Mr. Jahnke said he feels the City should have told the residents right out that this could not be stopped because he feels that the 11 lot plan was better. He then suggested sitting down with Mr. Harstad to ask him to go back to the 11 lot plan rather than the 15. Mayor Linke indicated the 11 lot plan had some zoning issues. Director Ericson indicated that the issue with the 11 lot plan was that the lots did not all meet the 125 foot lot width minimum. He then said he, too, prefers the 11 lot subdivision because it would preserve so much of the buffer along Silver Lake Road as well as take away the access onto Silver Lake Road with driveways. He further commented that this plan does satisfy the City's Code and it is the plan before Council for review. Mounds View City Council January 12, 2004 Regular Meeting Page 12 Council Member Quick asked how many homes could be placed on the property if there were no wetland zoning regulations. Director Ericson indicated that 241ots would be possible if not for the wetland zoning regulations and the wetlands on the property. Council Member Quick asked what the minimum lot width on a regular lot in the City is. Director Ericson indicated the minimum lot width is 75 feet. Council Member Quick commented that the wetland zoning ordinance has decreased the impact to the wetland by nearly half by allowing almost half as many lots on the site. Mr. Harstad clarified that he had brought another plat before Council. He then said that the property would qualify for 261ots if not for the wetland zoning ordinance. Director Ericson indicated the previous application started out as an 11 lot subdivision and was amended to 24. Steve Kuhl of 5176 Longview Drive indicated he is concerned with the properties to the east because there is already standing water in the spring and during heavy rainfall events that does not runoff it soaks in and then flows away. He then said that if the soils are compacted along Longview in that area the soil underground will act as a dam and back water up onto their properties. He further commented that the Ward family does get water in their basements now and he is concerned that this will make matters worse. Mr. Kuhl said he feels that the trees are a part of the wetland as they consume excess water and they are at risk with this development. He also said there are falcons nesting in the area along with deer and Pileated woodpeckers. Mr. Kuhl asked Council to consider quality of life for the people and the animals and taking out the trees destroys the quality of life for the wildlife. He then said that there is a creek bed that runs toward their house. Mayor Linke indicated that the developer would not be able to do any work in the wetland. Mr. Kuhl indicated that he maintains that taking the trees out will affect the wetland. He then said that his research indicates that some of the regulations do include consideration of the wildlife. Sandra Kuhl of 5176 Longview Drive indicated she wanted to make the Council aware that Mr. Harstad is not going to be the builder of the property. He will be selling it and someone else building the homes. Mounds View City Council January 12, 2004 Regular Meeting Page 13 David Jahnke of 8428 Eastwood Road indicated that the other plan would have saved trees and had less houses on that property. David Tilman of 5166 Longview Drive reminded Council that roughly 8 or 10 years ago a house was built on the corner of Woodale and Longview Drive and residents said it would not work but Council approved a split entry house and, four years later, a house could not be built on it and they ended up with a one story slab home in that location because it would not support a basement. Ron Morgan of 2656 County Road H2 commented that there are major soil corrections necessary with this development. He then suggested the City look into instituting some requirements that limit the amount of soil that can be corrected on a site. Mr. Morgan indicated he heard Mr. Harstad state that he liked the other development and he suggests that Mr. Harstad may want to go with the other development because this will be extremely expensive as proposed. He further commented that he feels the soil correction is going to be extremely expensive and it maybe more profitable to build a less dense development. Mr. Morgan commented that he thinks Mr. Harstad is trying to make the City more receptive to his other plan by attempting to get this development approved. Mr. Morgan commented that residents do not get involved in the finances of the development but the quality of life they have after the development is in. He then said they have had water issues at his location for 30 years because it was not done right up front and he cautioned that the City be very careful to make sure that water issues are not created at this location. Mayor Linke closed the public hearing at 9:00 p.m. Mayor Linke asked that Resolution 6145 be read for clarification on the conditions. Director Ericson read the conditions of the preliminary plat approval. Council Member Marty indicated he would like to add that the City Engineer's approval of the hydrology study be a condition as well as that the applicant is prohibited from removing trees within the right-of--way except those identified for driveways. He further commented that he would like the trees inventoried and marked for clarity for the workers that are removing trees. Council Member Marty indicated that a lot of the trees in the wetland are cottonwoods and he has learned that they are highly desirable because they use 50 to 80 gallons of water per day. He then commented that this plan as proposed would be very costly as was just shown by another developer in the City that has to do soil corrections so it may be possible that this is too cost prohibitive. Council Member Marty commented that this is a bitter pill to swallow and he has his doubts that this will work when the hydrology study and engineering reports are done. Mounds View City Council January 12, 2004 Regular Meeting Page 14 Director Ericson indicated he would add the trees in the right of way to the resolution but explained that the city engineer's review of the hydrology analysis is covered in Item 1 B under the City wetland alteration permit. Council Member Quick expressed concern that imposing strict tree removal requirements on the developer would open the City up to a lawsuit. He then suggested that any changes to the resolution be reviewed by the City Attorney. He further commented that he has suggested in the past that the City should consider a tree removal ordinance. Council Member Stigney indicated he does not feel that the City can tell someone they cannot cut down their trees. He then asked whether the wetland alteration permit restricts building within the 100-foot buffer. Director Ericson indicated there are provisions in the ordinance that allow the City to review with a careful eye what happens within the buffer but it does not restrict development. Director Ericson indicated that if the standards were met the City would have a hard time denying it. He then said that those standards were put into place to ensure that any alteration or encroachment be minimal. Mayor Linke suggested requiring that any trees marked as significant by the City Forester be replaced at two to one if they are damaged or removed. Mr. Harstad indicated he is a New Brighton resident and reads the community newspaper. He then asked Council to carefully consider the restrictions placed upon his development as there seems to be no precedent for some of the things Council is suggesting. He then commented that Council is selling unimproved ground to another developer and is not requiring that developer to pay park dedication fees to develop it. He further commented that the City is suggesting that someone should appraise his property and he questions whether that is done in the City with other properties. Director Ericson indicated that the City has required appraisals before. Mr. Harstad asked whether anyone has had to do two to one tree replacement. Mayor Linke indicated that the City has not yet instituted a two to one tree replacement. Mr. Harstad commented that the City creates ordinances that he has to live by and he is hearing all kinds of new things at this meeting. He then said that the last thing he recalls was the townhomes on Silver Lake Road had no tree replacement and no trail and he is asking the City to be fair with him on this. He further commented that this is an infill project and it is very sensitive because residents have been looking at his 7.5 acres as their own private park but he pays the taxes on the property and is asking the City not to overburden him in such a manner to kill the project before he gets to the starting gate. Mounds View City Council January 12, 2004 Regular Meeting Page 15 Mayor Linke indicated he was suggesting the two to one tree replacement. Council Member Stigney indicated there is no written wording within the City to require two to one replacement. Mr. Kuhl of 5176 Longview said he believes the Minnesota Wetland Regulations do suggest, if not regulate, two to one replacement. Mayor Linke explained that is wetland replacement but that is not replacement of the trees. Mr. Kuhl indicated that in 1974 residents came to a different Council because there was a commercial development proposed on Silver Lake Road with the utility entrances on Longview and residents had 485 signatures that said please do not do that. And, at that time, there was a Ramsey County Greenspace Group and that is why Ms. Koziak understood this ground was not to be touched. He then said that there is also an easement on the west side of Longview for an interpark trail and suggested the City look into it. Council Member Quick asked for a review of any added conditions. Council Member Gunn indicated she agreed with Council Member Marty that the City is not thrilled with this but the conditions that are listed will control whether or not this is a doable development. Ms. Koziak asked if the hydrology report refers to the ability of the ground to support the home. Mayor Linke indicated that the soil boring test would determine whether the soils could support a home. Jonathon Thomas of 8040 Groveland Road indicated he has a background in these types of projects and, if the citizens petition the Planning Commission and City Council to reconsider the variance on the other project, could the plan be revised by the developer. Mayor Linke indicated the developer can do whatever he wants. Mr. Thomas commented that if the only reason the plan was denied was because of the 125 foot lot requirements, if petitioned, the City could reconsider. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6145, a Resolution Approving the Preliminary Plat for Longview Estates Major Subdivision. Council Member Stigney commented that based upon the developer following the requirements of the City Code there is no basis for denying the preliminary plat approval. Ayes - 5 Nays - 0 Motion carried.