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7.b 5 Salminen minor subdivision Memorandum To: Scandia City Council Neil Soltis, City Administrator Reference: Salminen Addition Minor Subdivision Application Copies To: Brenda Eklund, Clerk David and Janice Salminen, applicants Project No.: 16022.011 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 7, 2016 SUBJECT: Salminen Addition Minor Subdivision MEETING DATE: July 19, 2016 LOCATION: 14340 205th Street North Scandia, Minnesota APPLICANT: David and Janice Salminen ZONING: Village Neighborhood (VN) District 60-DAY PERIOD: August 16, 2016 ITEMS REVIEWED: Application and Preliminary Plat received May 17, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to subdivide an existing 12.41-acre parcel to create a new 2.51-acre parcel (Lot 2). The remaining area will continue as a single 9.5-acre parcel (Lot 1) with the current single-family use. The applicants propose that Lot 2 will be developed in the future with a single-family home. The property is located in the Village Neighborhood (VN) Zoning District. DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan describes the Village Neighborhood District as a planned extension of the Village Center. The Plan states that the Village Neighborhood is a potential growth area Salminen Minor Subdivision Staff Report Scandia City Council Page 2 July 19, 2016 surrounding the village that is intended to support single- and multi-family residential uses on lot sizes that reflect the existing sizes in the village. . The proposed use of the property is consistent with the goals and policies in the Comprehensive Plan. Development Code Requirements: Density, Lot Size and Buildable Area The Development Code requires a minimum lot size of 2.5 acres for single-family residential uses in the VN District, with a minimum buildable area of 1.0 acres. The proposed subdivision meets the lot size and buildable area requirements of the Development Code. Frontage on a Public Roadway The Development Code requires that lots in the VN District have at least 160 feet of frontage on a public roadway. Lot 2 will have approximately 178 feet of frontage on 205th Street North, and Lot 1 will retain over 200 feet of roadway frontage. The parcel meets the frontage requirement. Accessory Structures Lot 1 includes 5 accessory structures, and Lot 2 has no existing accessory structures. The total square footage of the structures on the existing parcel is 3,326 square feet. The Development Code permits up to 2 residential accessory structures and one additional rural use structure (total area up to 4,000 square feet) on parcels between 5 and 10 acres in size. The number of accessory structures on the 9.5-acre parcel therefore exceeds the number permitted in the Development Code. The Development Code permits the City to grant an exception to the requirements for the number and/or total square footage of accessory structures permitted on a parcel to permit the preservation of historic buildings and structures, based on the following criteria:  The exception shall only be granted when it is necessary to preserve the historic building or structures, to maintain the historic character of the property, or meet the City’s goals for preservation of its historic structures and character.  The appearance and arrangement of the building(s) and structure(s) shall reflect the general design, massing and locations of historic buildings and structures identified in Scandia’s Architectural Design Guidelines.  If the landowner proposes to move the building or structure to his/her property, an exception shall only be granted for historic buildings or structures that originate within Scandia and adjacent communities.  Only one exception shall be granted to each property in Scandia.  Exceptions shall be granted only for parcels that are 4 acres or larger in size.  Exceptions shall be granted only in the Agriculture Core (AG C), Agriculture Preserves (AP), and General Rural (GR) Zoning Districts.  The exceptions shall not create an unreasonable burden on adjacent properties/owners.  The exception shall not be contrary to the public interest or the intent and purpose of the Development Code and Comprehensive Plan. City staff have reviewed the accessory structures on Lot 1, and recommend that they meet the criteria, except that the parcel is located in the VN District. Salminen Minor Subdivision Staff Report Scandia City Council Page 3 July 19, 2016 Some options to address this issue include: 1. The City could amend the Development Code to permit the Exception for Historic Buildings and Structures to be granted in the VN District. The proposed amendment could be scheduled for a public hearing at the July PC meeting. The Salminen application could be tabled, or approved with a condition that the ordinance be amended, and the applicant subsequently applies for the exception to the Zoning Administrator, to comply with the procedures in the Development code. 2. The applicants could remove two of the accessory structures to meet the number and square footage requirements in the Development Code. 3. The applicants could apply for a variance to permit a larger number and square footage of accessory structures, based on the goals and policies in the Comprehensive Plan and ordinance to preserve historic structures. The Planning Commission should review the structures at the site visit, review the options, and recommend an approach to address the accessory structure issue. The Planner has included conditions for approval for the options identified above. The Development code requires that no accessory structures be constructed on a parcel prior to construction of the primary structure. The Planner has included a condition for approval of the subdivision that no accessory structures may be built on Lot 2 prior to construction of the primary structure. Wetlands and Slopes The applicants did not submit the required wetland delineation with the application. The application noted that the wetland delineation is in process. The state statute that regulates platting for subdivisions requires that the delineated wetlands and related easements be identified on the plat. The Planner included a condition that the applicants shall submit a copy of the Wetland Delineation report to the City when it is complete. The applicants shall update the plat to show the wetlands and easements prior to filing the plat at Washington County. The preliminary plat shows the location of existing steep slopes on the parcel and an existing wetland and drainage easement. The existing and proposed buildings and septic systems meet the required setbacks from these features. Setbacks The required setbacks in the VN District are as follows: Side yard setback: 20 feet Rear yard setback 50 feet Setback from major or minor collector (205th Street North): 100 feet from the centerline, or 50 feet from the right-of -way, whichever is greater The Scandia Comprehensive Plan identifies 205th Street North as a Minor Collector roadway. The Preliminary Plat does not show the correct setback from 205th Street North, and should be revised to show the correct setback of 100 feet from the centerline of 205th Street North. Salminen Minor Subdivision Staff Report Scandia City Council Page 4 July 19, 2016 The setback does not affect existing structures, but does impact the proposed drainfield area on the 9.5-acre parcel. The location of the drainfield should be changed on Lot 1 to place the area outside the required setback. The proposed house location on Lot 2 meets the setback requirement. The proposed septic system location should be revised to meet the side setback requirement. Wastewater Treatment The applicant submitted a soils report for the site than identified areas suitable for development of an on-site septic system. The proposed drainfield locations are shown on the preliminary plat. The Planner included a proposed condition for the subdivision that the applicants need to obtain the required septic system permit(s) from Washington County for proposed development on the parcels, and that the proposed location of the septic area on Lot 2 shall be revised to meet the setback requirement Lot Coverage The maximum lot coverage permitted in VN District is 25%. The Planner estimated the coverage on Lot 1 as approximately 2.5%. There are no impervious surfaces on Lot 2. The lot currently meets the coverage requirement. Future development will also need to meet the coverage requirement. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review. The District Administrator’s comments included the following: “The applicant already has a permit application. The permit will only require a buffer to be defined around the partial wetland on the property. A buyer of the new lot building a new home may require a permit also.” The Planner added a condition that the subdivision and future development shall obtain all necessary Watershed District permits. Access and Easement Dedication The 9.5-acre parcel has an existing driveway access. The proposed access for the 2.5-acre parcel is an existing field entrance from 205th Street North. The Engineer’s comments regarding the proposed subdivision included the following: 1. “In areas that don’t currently contain a drainage & utility easement or proposed drainage & utility easement per the submitted Plat, 5’ wide drainage & utility easements shall be shown/recorded on the Plat along all property lines per the redlined figure attached. 2. Proposed driveway location for potential new home is found acceptable. The proposed driveway location as shown on Lot 2 should not be shifted any further east to maintain adequate spacing from Olinda Trail North.” The Planner has included the Engineer’s requested conditions in the proposed conditions for approval of the subdivision. Salminen Minor Subdivision Staff Report Scandia City Council Page 5 July 19, 2016 Park Dedication Park dedication is required for new subdivisions. The City has the option to obtain park land or collect the fee in lieu of land ($3,000 per parcel). The property is not within a Park Search Area identified in the Comprehensive Plan (it is between the identified Park Search Areas B and C, which are west of Odell Avenue and south of 205th Street, respectively), so the City could propose to collect the park fee of $3,000 in lieu of land for the new parcel. The Planning Commission should make a recommendation regarding park dedication to the Council. Staff have proposed a condition that the subdivision shall meet the City’s park dedication requirement. The fee shall be paid before approval of the final plat. PLANNING COMMISSION PUBLIC HEARING, DISCUSSION, AND RECOMMENDATIONS The Planning Commission held a public hearing on the proposed subdivision at its June 7 meeting. The Commission received no written or verbal comments on the subdivision request. The Commission discussed the issue related to the number of accessory structures on the parcel. The Commission reviewed the buildings at their site visit, and concluded that the structures would meet the criteria in the Zoning Ordinance to grant an Exception for Historic Buildings and Structures. However, this exception is not currently permitted in the VN district. The Commission recommended that the ordinance be amended to add the VN District to the districts where the exception is allowed. The Commission recommended that the subdivision request be tabled until the ordinance amendment could be considered by the Commission and Council. The Commission also recommended that the City require that the cash in lieu option to meet the park dedication requirement. The Planning Commission reviewed the ordinance amendment for accessory structures at its July meeting. The Commission voted to recommend adoption of the amendment to include all zoning districts in the exception. The Commission recommended that the Council approve the subdivision application based on adoption of the ordinance amendment. The applicant also provided some of the revisions needed to the survey at the July meeting, and Planner updated the conditions to reflect the new information. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the proposed minor subdivision of the property located at 14340 205th Street North to create a new 2.5-acre parcel (Lot 2), with the following conditions: Salminen Minor Subdivision Staff Report Scandia City Council Page 6 July 19, 2016 1. The minor subdivision shall be in substantial compliance with the revised Preliminary Plat received by the City on July 1, 2016. 2. The applicants shall submit the wetland delineation report for the Plat to the City, and revise the preliminary plat to show the wetland boundaries and required drainage easements. 3. The proposed driveway location shown on Lot 2 shall not be shifted further east to maintain adequate spacing from Olinda Trail North. 4. The City amends its zoning ordinance to include the Village Neighborhood (VN) zoning district in the districts where the Exception for Historic Accessory Buildings and Structures may be granted. 5. The applicants shall obtain the required septic system permit(s) from Washington County for development on the parcels before approval of any building permits. 6. The applicants shall obtain a building permit(s) for construction on the parcels in the subdivision. 7. The applicants shall obtain all required Watershed District permit(s) for proposed construction. 8. The park dedication fee of $3,000 for Lot 2 shall be due before the approval of the Final Plat. 9. No accessory structures shall be constructed on Lot 2 before construction of a primary residential structure. 10. The applicant shall record the plat within one year of the date when the minor subdivision is approved. 11. The Applicant shall pay all fees and escrows associated with this application. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-19-16-03 APPROVING A MINOR SUBDIVISION FOR THE SALMINEN ADDITION ON THE PARCEL LOCATED AT 14340 205TH STREET NORTH WHEREAS, David and Janice Salminen have made an application for a Minor Subdivision to create one 2.5-acre parcel on the parcel at 14340 205th Street North, by subdividing parcel 23.032.20.22.0003; and WHEREAS, the property is legally described as follows: Lots Thirty-five (35) and Thirty-six (36) of county Auditor’s Plat No. 6, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for the Minor Subdivision at a duly noticed Public Hearing on June 7, 2016, and again on July 5, 2016, and recommended approval of the Minor Subdivision with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a minor subdivision to create a new parcel 2.5 acres in size, located at 14340 205th Street North by subdividing parcel 23.032.20.22.0003. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The minor subdivision shall be in substantial compliance with the revised Preliminary Plat received by the City on July 1, 2016. 2. The applicants shall submit the wetland delineation report for the Plat to the City, and revise the preliminary plat to show the wetland boundaries and required drainage easements. 3. The proposed driveway location shown on Lot 2 shall not be shifted further east to maintain adequate spacing from Olinda Trail North. 4. The City amends its zoning ordinance to include the Village Neighborhood (VN) zoning district in the districts where the Exception for Historic Accessory Buildings and Structures may be granted. PC Resolution No.: 06-07-16-__ Page 2 of 2 5. The applicants shall obtain the required septic system permit(s) from Washington County for development on the parcels before approval of any building permits. 6. The applicants shall obtain a building permit(s) for construction on the parcels in the subdivision. 7. The applicants shall obtain all required Watershed District permit(s) for proposed construction. 8. The park dedication fee of $3,000 for Lot 2 shall be due before the approval of the Final Plat. 9. No accessory structures shall be constructed on Lot 2 before construction of a primary residential structure. 10. The applicant shall record the plat within one year of the date when the minor subdivision is approved. 11. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 19th day of July, 2016. ______________________________ Randall Simonson, Mayor ATTEST: ________________________________ Neil Soltis, Administrator/Clerk