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7.a)1) Staff Report-OlsonMinorSubdivisionCouncil 3 18 14To: Scandia City Council Reference: Olson Minor Subdivision Kristina Handt, City Application Administrator Copies To: Christopher and Jennie Ferderer, applicants Gary and Margaret Olson, Project No.: 15485.004 owners From: Sherri Buss, RLA AICP, Routing: Planner Date: March 10, 2014 SUBJECT: Olson Minor Subdivision MEETING DATE: March 18, 2014 LOCATION: 21602 Meadowbrook Avenue North Scandia, Minnesota APPLICANT: Christopher and Jennie Ferderer 21602 Meadowbrook Avenue North OWNER: Gary and Margaret Olson 21602 Meadowbrook Avenue North ZONING: General Rural (GR) District 60 -DAY PERIOD: April 12, 2014 ITEMS REVIEWED: Application and Survey received February 11, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant and owner are proposing to subdivide an existing 10 -acre parcel to create a 6.23 - acre parcel and a 3.77 -acre parcel. The applicants propose that the existing home be included in the larger parcel, and propose the potential development of a new single-family home on the 3.77 -acre parcel. The property is located in the General Rural GR) Zoning District. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA To: Scandia City Council Reference: Olson Minor Subdivision Kristina Handt, City Application Administrator Copies To: Christopher and Jennie Ferderer, applicants Gary and Margaret Olson, Project No.: 15485.004 owners From: Sherri Buss, RLA AICP, Routing: Planner Date: March 10, 2014 SUBJECT: Olson Minor Subdivision MEETING DATE: March 18, 2014 LOCATION: 21602 Meadowbrook Avenue North Scandia, Minnesota APPLICANT: Christopher and Jennie Ferderer 21602 Meadowbrook Avenue North OWNER: Gary and Margaret Olson 21602 Meadowbrook Avenue North ZONING: General Rural (GR) District 60 -DAY PERIOD: April 12, 2014 ITEMS REVIEWED: Application and Survey received February 11, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant and owner are proposing to subdivide an existing 10 -acre parcel to create a 6.23 - acre parcel and a 3.77 -acre parcel. The applicants propose that the existing home be included in the larger parcel, and propose the potential development of a new single-family home on the 3.77 -acre parcel. The property is located in the General Rural GR) Zoning District. An employee owned company promoting affirmative action and equal opportunity Olson Minor Subdivision Staff Report Scandia City Council Page 2 March 18, 2014 DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan includes the following goals related to the General Rural District that are relevant to the proposed subdivision request: The General Rural District is intended to provide for residential development of mixed lot sizes. The district includes larger parcels that provide for agricultural uses, and a significant number of smaller parcels. The General Rural District will be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The applicant is proposing that the existing single-family residential use of the parcel will continue on the new and existing parcels after subdivision. The proposed lot sizes are consistent with the policies in the Comprehensive Plan. The proposed subdivision is consistent with the land use goals in the Comprehensive Plan. Development Code Requirements: Density, Lot Size and Buildable Area The Development Code permits a minimum lot size of 2.0 acres for newly created lots in the General Rural District, and requires a maximum density of 4 dwelling units per 40 acres. The 40 -acre area that includes the proposed subdivision currently includes 2 residential units, including the existing unit on the proposed 6.23 -acre parcel and other unit on the southwest parcel. The addition of one new residential unit on the 3.77 -acre parcel is permitted under the 4 units per 40 acres density requirement. The subdivision will result in five buildable lots within the 40 -acre area. (The same person owns the two lots on the western half of the "40", and was required to combine them as part of an earlier subdivision, but has not done so.) If a home is constructed on the 3.77 -acre parcel as shown on the plan, another owner will still be able to add a dwelling unit within the 40 -acre area. Each of the lots is required to have 1.0 acres of buildable area. The applicants included a wetland delineation report with the application. The report indicates that there are no wetlands within the either proposed parcel. Each parcel has more than 1.0 acre of buildable area. The proposed lots meet the lot size, density and buildable area requirements of the Development Code. Frontage on a Public Roadway The Development Code requires that new lots in the GR District that are 3.0 to 4.0 acres in size have at least 240 feet of frontage on a public roadway, and that lots that are greater than 4.0 acres in size have a minimum of 300 feet of frontage. The proposed 3.77 -acre parcel will have 240.29 feet of frontage and the 6.23 -acre parcel will have 395.66 feet of roadway frontage. The parcels meet the frontage requirement. Accessory Structures There are no detached accessory structures located on the existing 10 -acre parcel or proposed 6.23 -acre parcel. The site plan does not show any proposed accessory structures for the 3.77- 7 Olson Minor Subdivision Staff Report Scandia City Council Page 3 March 18, 2014 acre parcel. Any new accessory structures proposed for either parcel will need to meet the ordinance requirements. The parcels meet the Development Code requirement. Wetlands A wetland report was completed in 2005 for the 10 -acre parcel that is proposed for subdivision and for the 10 -acre parcel to the north. No construction or significant changes have occurred to the parcel since the report was completed. The report found no wetlands on the parcel that the applicants are proposing to subdivide. Setbacks The required setbacks in the General Rural District are as follows: 40 feet front; 20 feet side for parcels greater than 1.5 acres in size, and 50 feet rear. The setbacks are shown on the subdivision plan. The existing buildings on the 6.23 -acre lot meet the setback requirements, and the proposed building site on the 3.77 -acre parcel meets the setback requirements. Wastewater Treatment The existing dwelling on the 6.23 -acre parcel has a drain field, shown on the subdivision plan. The applicants have not been able to complete the soil tests to determine the location for a future drain field on the 3.77 -acre parcel due to winter conditions. The Planner included a proposed condition for the subdivision that the applicants need to obtain the required septic system permit from Washington County for the proposed dwelling on the 3.77 -acre parcel. Stormwater Management No alteration is proposed on the 6.77 -acre parcel. A new dwelling and driveway are proposed on the 3.77 -acre parcel. The Planner sent the application to the Comfort Lake -Forest Lake Watershed District for review. The District Engineer provided the following comment: "If the project involves subdivision of land into two or more buildable lots and includes wetlands, the project will require a Watershed District permit under District Rule 4.0 - Lake, Stream and Wetland Buffer Requirements." The Planner clarified with the Engineer by phone that the parcel proposed for subdivision includes no wetlands. The Engineer indicated that in that case, the subdivision will not require a District permit at this point. If a home and driveway are constructed on the parcel, the applicants may need an Erosion Control Permit for construction, depending on the size of the area that would be affected. Access There is an existing driveway on the 6.23 -acre parcel. The location of a potential driveway is identified on the 3.77 -acre parcel. The proposed driveway access for each parcel meets the ordinance requirement. 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 each of the parcels. 1 Olson Minor Subdivision Staff Report Scandia City Council Page 4 March 18, 2014 One new housing unit is proposed with this subdivision. The City records indicate that the owners paid the park dedication fee for the 10 -acre parcel in 2005 when the 20 -acre parcel it was part of was split to create the existing parcel and residence. Because the park fee is based on the expected demand for new park and trail facilities with new development, the Planner and City Administrator suggest that the City require that a park dedication fee of $3,000 be paid for this subdivision, for the new 3.77 -acre parcel. Staff have proposed a condition that the $3,000 park dedication fee would be applied to the 3.77 -acre Darcel. The fee shall be Daid before aooroval of the final plat. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Olson Minor Subdivision request at its meeting on March 4. There were no public comments at the hearing. The Planning Commission discussed the following: The Commission's concern about potential confusion between the "4 dwelling units per 40 aces" density requirement in the Code and the lot sizes and number of buildable lots permitted in the General Rural district. The Commission reviewed comments on the application and density requirement submitted by Chair Maefsky, who could not attend the meeting. The Commission will continue to discuss this issues and potential amendments to the Development Code at the April meeting. The Commission members present agreed that the Olson Subdivision meets the requirements of the current Code and should be approved on that basis. Commissioner Philippi had requested information in February about how parcels that could not be developed with a dwelling unit due to the density requirement would be assessed for property taxes. The Planner contacted Frank Langer, Scandia's Assessor for his comments. Frank indicated that if the City provided a letter to him indicating that a parcel could not be used for a dwelling unit, it could reduce the assessed value of the parcel substantially. The Commission recommended approval of the Olson subdivision. 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 21602 Meadowbrook Avenue North to create two new parcels, 6.23 and 3.77 acres in size. 1. The minor subdivision shall be in substantial compliance with the Certificate of Survey dated February 5, 2014. 1 Olson Minor Subdivision Staff Report Scandia City Council Page 5 March 18, 2014 2. The applicants shall obtain the required septic system permit from Washington County for the proposed dwelling on the 3.77 -acre parcel before approval of a building permit. 3. The park dedication fee of $3,000 for the 3.77 acre parcel shall be due before the approval of the Final Plat. 4. No accessory structures shall be constructed on the new parcel before construction of a primary residential structure. 5. The applicant shall record the new parcel within one year of the date when the minor subdivision is approved. 6. The Applicant shall pay all fees and escrows associated with this application. 7