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4.a 20211 Maxwill Minor SubdivisionMemorandum To: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi Brenda Eklund, Clerk TKDA Michelle Carlson and Rick Project No.: 16022.011 Memorandum To: Scandia Planning Reference: 20211 Maxwill Avenue North Commission Minor Subdivision Application Neil Soltis, City Administrator Copies To: Brenda Eklund, Clerk Michelle Carlson and Rick Project No.: 16022.011 Riermann, applicants From: Sherri Buss, RLA AICP, Routing: Planner Date: May 25, 2017 SUBJECT: Woodland Valleys Minor Subdivision MEETING DATE: June 6, 2017 LOCATION: 20211 Maxwill Avenue North Scandia, Minnesota APPLICANT: Michelle Carlson and Rick Riermann 21985 Parrish Road OWNER: Janice I. Riermann 20572 Everton Court North Forest Lake, MN 55025 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: July 4, 2017 ITEMS REVIEWED: Application and Preliminary Plat received May 5, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to subdivide an existing 55.62 -acre parcel to create a new Lot 1 that includes 9.66 acres and Outlot A that includes .05 acres. Maxwill Avenue North divides the two parcels. The property is located in the General Rural (GR) District and Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. Washington County will not record the two new parcels as a single parcel because they are divided by a public roadway. The applicants therefore propose to create the larger parcel on the An employee owned company promoting affirmative action and equal opportunity 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 2 June 6, 2017 east side of Maxwill Avenue North at Lot 1, which includes the home and related structures, and to create the small parcel as an outlot. The Zoning Ordinance defines outlot as "a lot remnant or any parcel of land included in a plat that is not buildable at the time of platting... it may be a lot that is too small to comply with the minimum size requirements of zoning and subdivision..." The applicants propose that the owners of Lot 1 be permitted to use Outlot A for personal recreational use. DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. 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 Shoreland Overlay District requires that new lots on Recreational Development lakes be at least 2.5 acres in size, and be a minimum 150 feet wide at the OHWL, setback line, and road right-of-way. The Development Code requires that new lots have a minimum buildable area of 1 acre. The proposed Lot 1 includes 9.66 acres and will be approximately 400 feet wide at the OHWL, OHWL setback and right-of-way of Maxwill Avenue North. The surveyor will determine the buildable area when the wetland delineation has been completed, and it is expected to be larger than 1 acre. The proposed Lot 1 meets the lot size, width, and buildable area requirements of the Development Code. Frontage on a Public Roadway The Shoreland Management Ordinance requires that new lots be at least 150 feet wide at the roadway right-of-way, and the Development Code requires that lots greater than 4.0 acres in size have 300 feet of frontage on a public roadway. The proposed parcel includes approximately 400 feet of roadway frontage. The parcel meets the frontage requirement. Accessory Structures Lot 1 includes 1 accessory structure that is 2,400 square feet in size. The Development Code permits up to 2 residential accessory structures, with a total footprint up to 3,000 square feet, on parcels between 5 and 10 acres in size. The Code allows one additional agricultural structure for a total of 3 structures with an area of 4,000 square feet. The existing number and area of accessory structures on the 9.66 -acre parcel complies with the number permitted in the Development Code. i 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 3 June 6, 2017 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 Preliminary Plat shows the approximate locations of the wetland boundaries and proposed drainage and utility easements. The Carnelian -Maine -St. Croix Watershed District(CMSCWD) Administrator also stated that the District will require the delineation of all wetlands on the parcel as part of the subdivision. The Planner included a condition that the applicants shall complete the required wetland delineation and submit a co of the Wetland Delineation Report to the Citv when it is complete. and shall revise the Plat as needed based on the delineation report. The preliminary plat shows the location of existing steep slopes on the parcel near Wetlands A and C. Some of the slope areas exceed 18%, and therefore are classified as bluffs in the Shoreland Overlay District. The ordinance requires a 30 -foot setback from the top of the bluff. Existing structures comply with the required setback, and all new structures will need to comply with the Overlay District requirements for bluff areas. Setbacks The required setbacks in the Shoreland Overlay District are: Setback from the OHWL: 100 feet for structures 75 feet for septic systems Right-of-way of collector roadway (Maxwill is classified as a Minor Collector: 100 feet from the centerline or 50 feet from the ROW, whichever is greater Side yard, parcel >1 acre: 20 feet Unclassified waterbodies: 75 feet The existing structures and septic system meet the required setbacks. The application does not Propose any new structures. Wastewater Treatment The existing septic system and drainfield locations are identified on the Preliminary Plat. The Planner sent the plat to Pete Ganzel at Washington County for comments. Pete's comments included the following: "The septic system is an older (1977) system, so I am not confident of its compliance. It looks like they may have some area south of the house or to either side of the outbuilding for replacement within the outlines of the new lot. You might ask them for a design showing where a replacement system is going before the area is reduced on the new parcel." The Planner added a proposed condition for approval of the subdivision that the applicants shall identify a location for a replacement septic system on the parcel on the revised Preliminary Plat. i 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 4 Lot Coverage June 6, 2017 The maximum lot coverage permitted in the Shoreland Overlay District is 25%. The Planner calculated the coverage on Lot 1 as approximately 5.4%. The lot meets 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: "Future usage of the outlot should be determined now to insure adequate limits are in place in the event of the further subdivision of the larger property and a request for lake access by all owners in that subdivision. "The subdivision will need a CMSCWD Permit which will require buffers around all wetlands and shorelands on the entire property according to District rules. Please forward a copy of the wetland delineation when available." The proposed conditions for approval require that the use of outlot A shall be limited to the owners of Lot 1. The Planner added a condition that the subdivision and future development shall obtain all necessary Watershed District permits, and that the applicant provide a copy of the wetland delineation to the Watershed District. Right of Way Dedication The City Engineer reviewed the proposed subdivision, and requested that the following conditions be included for approval: The applicants shall submit documentation that the 66 -foot road right-of-way shown on the Preliminary Plat along Maxwill Avenue has been recorded at Washington County. The 66 -foot road right-of-way should be recorded to the southern boundary line of the property. The proposed drainage and utility easements on the northern portion of the parcel that are adjacent to Maxwill Avenue North should be labeled as 10 feet in width on the plat. The applicants shall dedicate 10 -foot drainage and utility easements on both the west and east side of the roadway as shown in the Engineer's sketch submitted with his comments (attached). The Planner has included the Engineer's requested conditions in the proposed conditions for approval of the subdivision. 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, 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. °i 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 5 June 6, 2017 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. Outlot A The proposed Outlot A is part of the existing 55+ acre parcel. The applicant's surveyor contacted Washington County, and asked if the small area (.05 acres) could be recorded as part of the proposed Lot 1. The County responded that it will not record areas that are split by a public roadway and right-of-way as a single parcel. The applicants therefor propose that the area west of Maxwill Avenue be created as an outlot as part of the subdivision. They propose that the outlot's use be limited to recreational access to Big Marine Lake for the owners of Lot 1. The Shoreland Management Ordinance includes a provision for "controlled access lots," defined as lots intended to provide access to the lake for residents of a particular development." The ordinance specifies that controlled access lots should be used by owners of nonriparian lots within the subdivision. However, the ordinance requires controlled access lots to meet the width and size requirements for residential lots. The Ordinance includes several standards designed to limit the recreational use of the lots. City staff contacted the DNR regarding whether Outlot A should be considered as a "controlled access lot." The DNR responded that it could only be considered such if it met the width and size requirements for residential lots. However, City staff discussed the parcel with the City Attorney, and staff believe that given the size and location of the parcel, the conditions of use of the parcel should implement the intent of the Shoreland Ordinance to control the recreational use of the parcel and should require that the parcel may not be sold separately from Lot 1. The Planner has included proposed conditions for Outlot A as follows: Outlot A shall not be sold separately from Lot 1. Outlot A shall be used solely for recreational use of the owners of Lot 1. The owners of Lot 1 shall complete a Development Agreement with the City of Scandia that specifies that the owners of Lot 1 have the sole authority to use Outlot A, and that permitted activities include watercraft launching, loading, mooring or docking of watercraft owned by the owners of Lot 1; as well as other outdoor recreational activities that do not significantly conflict with general public use of Big Marine Lake, or the enjoyment of normal property rights by adjacent property owners, such as swimming or picnicking. One vehicle or vehicle with a trailer may be parked on the property, and up to three watercraft may be continuously docked, stored over water or parked on the property. No other temporary or permanent structures or recreational vehicles are allowed on Outlot A. The property owners shall minimize topographic and vegetation alterations. All parking areas shall be screened by vegetation or topography to screen the view from Big Marine Lake, assuming summer, leaf -on conditions. ACTION REQUESTED: The Planning Commission can recommend the following: 1. Approval 2. Approval with conditions i 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 6 June 6, 2017 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the proposed minor subdivision of the property located at 20211 Maxwill Avenue North to create a new Lot 1 and Outlot A, with the following conditions: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat received by the City on May 5, 2017. 2. The applicants shall complete the required wetland delineation and submit the wetland delineation report for the Plat to the City and the Carnelian -Marine -St. Croix Watershed District, and revise the preliminary plat to show the wetland boundaries, required drainage easements, wetland and shoreland buffers required by CMSCWD rules, and a location for a replacement septic system on the parcel. 3. The applicants shall submit documentation that the 66 -foot road right-of-way shown on the Preliminary Plat along Maxwill Avenue has been recorded at Washington County. 4. The applicants shall record the 66 -foot road right-of-way to the southern boundary line of the property. 5. The proposed drainage and utility easements on the northern portion of the parcel that are adjacent to Maxwill Avenue North shall be labeled as 10 feet in width on the plat. 6. The applicants shall dedicate 10 -foot drainage and utility easements on both the west and east side of the roadway as shown in the Engineer's comments. 7. The applicants shall obtain a building permit(s) for any future construction on the parcels in the subdivision. 8. The applicants shall obtain all required Watershed District permit(s) for proposed construction. 9. The park dedication fee of $3,000 for Lot 2 shall be due before the approval of the Final Plat. 10. Outlot A shall not be sold separately from Lot 1. 11. Outlot A shall be used solely for recreational use by the owners of Lot 1. The owners of Lot 1 shall complete a Development Agreement with the City of Scandia that specifies that the owners of Lot 1 have the sole authority to use Outlot A, and that permitted activities include watercraft launching, loading, mooring or docking of watercraft owned by the owners of Lot 1; as well as other outdoor recreational activities that do not significantly conflict with general public use of Big Marine Lake, or the enjoyment of normal property rights by adjacent property owners, such as swimming or picnicking. 12. One vehicle or vehicle with a trailer may be parked on the property, and up to three watercraft may be continuously docked, stored over water or parked on the property. No I 20211 Maxwill Subdivision Staff Report Scandia Planning Commission Page 7 June 6, 2017 other temporary or permanent structures or recreational vehicles are allowed on Outlot A. 13. The property owners shall minimize topographic and vegetation alterations on Outlot A. All parking areas shall be screened by vegetation or topography to screen the view from Big Marine Lake, assuming summer, leaf -on conditions. 14. The applicants shall record the plat within one year of the date when the minor subdivision is approved. 15. The applicants shall pay all fees and escrows associated with this application. I