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8. Tii Gavo PC Staff Report TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Tii Gavo 2nd Addition Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Jaren Johnson, Applicant Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: June 30, 2022 SUBJECT: Preliminary Plat for a Major Subdivision, Variance from setback requirements from a Natural Environment Lake, and an amendment to the previously approved Conditional Use Permit for the Tii Gavo subdivision to permit Tii Gavo 2nd Addition MEETING DATE: July 5, 2022 LOCATION: Outlots I, J, and K of the Tii Gavo subdivision - PIDs 28.032.20.42.0003, 28.032.20.34.0002, 28.032.20.42.0004 APPLICANT: Jaren Johnson - J. Johnson Development OWNER: Big Marine Lake Development, LLC ZONING: General Rural (GR), Shoreland Management Overlay REVIEW PERIOD: 60 day period ends August 1, 2022, 120 day period ends September 30, 2022 ITEMS REVIEWED: Application and plans received June 2, 2022; additional materials received June 14th DESCRIPTION OF THE REQUESTS The applicant is looking to subdivided three outlots in the Tii Gavo subdivision - outlots I, J, and K. The proposed subdivision would create eight buildable lots that would be available for single family development. The lots would all have access onto Meadowridge Trail North, which would be completed as part of this proposed development. The three outlots and the unconstructed portion of Meadowridge Trail North were platted out as part of the initial approval for the Tii Gavo subdivision back in 2007. The development was approved as an ‘Open Space Design’ subdivision and a Planned Unit Development, which under the ordinances in effect at that time required a Conditional Use Permit (CUP) to be approved with the subdivision’s Final Plat. As part of the review and approval of the proposed plat for the 2nd Addition, the 2007 CUP will be amended as well. Tii Gavo 2nd Addition Staff Report July 5, 2022 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: The three outlots all are located along an unconstructed portion of Meadowridge Trail North in the Tii Gavo subdivision. Newgate Avenue is located east of the subdivision, while Lakamaga Trail is to the north. Outlot I is located between Rasmussen Pond and Meadowridge Trail, and totals approximately 4.5 acres. A small wetland is located on its southeast corner. Outlot J is located south of Outlot I, and totals approximately 3.5 acres. Outlot K is a long, narrow lot that is just under 3 acres in size; a wetland and drainage easements occupy portions of Outlot K. Land use: None/vacant Figure 1: Outlots I, J, & K shown in red, per City GIS EVALUATION OF REQUEST Comments on the Request The submittal was forwarded onto city staff and other agencies for review and comment (engineering, watershed, DNR). At the time of writing this report, staff and other agencies were still reviewing the plans. Tii Gavo 2nd Addition Staff Report July 5, 2022 Scandia Planning Commission Page 3 Development Code Requirements Previous Approvals Under the city’s current Development Code, the subject properties are zoned ‘General Rural’ (GR), and are also located within the Shoreland Overlay zone. The Tii Gavo subdivision was approved in 2007, which predates the current zoning ordinance. Under the zoning ordinance at the time of the initial approval for the Tii Gavo subdivision, the site was zoned ‘Agricultural’ (AG). The site at that time was also within the Shoreland Overlay zone, though the version in place in 2007 predates the current Shoreland Management regulations. The approval of the Tii Gavo subdivision was done as an ‘Open Space Design’ (OSD) subdivision, which was a special kind of subdivision request that allowed the site to have differing lot design standards and increased density in exchange for preserving a certain percentage of the site as undeveloped open space. Having been zoned AG, the ordinance at the time required at least half of the site to be preserved as open space. These areas are located throughout the subdivision today, and preserve wetlands, vegetation, and other features from being developed. The approval of the subdivision in 2007 planned for 37 total lots to be developed in the subdivision, with 29 in the initial first phase. This was identified in the Development Agreement as well as the Conditional Use Permit (CUP) approved as part of the project. The future eight lots that would bring the subdivision to a built-out total of 37 lots would occupy the areas that are currently platted as outlots I, J, and K. The applicant’s proposed preliminary plat creates eight buildable lots, keeping in line with the original approval and plans for the Tii Gavo subdivision. Preliminary Plat Design The preliminary plat shows eight lots for development. The lots vary in size, as well as buildable area (areas not within setbacks, wetlands, or easements). See Table 1 below. Block 1 corresponds to Outlot I, Block 2 corresponds to Outlot K, and Block 3 corresponds to Outlot J. Table 1: Proposed lots and sizes Lot Size (acres) Buildable Area (acres) Lot 1, Block 1 1.04 0.20 Lot 2, Block 1 1.04 0.37 Lot 3, Block 1 1.00 0.34 Lot 4, Block 1 1.40 0.50 Lot 1, Block 2 2.92 0.42 Lot 1, Block 3 1.00 0.65 Lot 2, Block 3 1.14 0.74 Lot 3, Block 3 1.38 0.86 These lots sizes are different than those found in ‘standard’ or ‘conventional’ subdivisions; as an OSD the Tii Gavo subdivision was permitted smaller sized lots in order to preserve land in the development as open space. As a result of the smaller lot sizes, the setbacks in the Tii Gavo subdivision are also less than the typical setbacks required; these are shown in Table 2 on the following page. Rasmussen Pond is located north of the site. As a ‘Natural Environment Lake’, a structure setback of 200 feet is required from its ordinary high water level (OHWL). Phase I of Tii Gavo featured a 100 foot setback from the pond’s OHWL; the applicant is looking to maintain that same setback on the newly proposed lots as well in order to maintain consistency in design of the neighborhood. A variance is needed to permit a lesser setback than is required. Without the variance allowing a 100 foot setback instead of the 200 foot Tii Gavo 2nd Addition Staff Report July 5, 2022 Scandia Planning Commission Page 4 setback, the lots along Rasmussen Pond would have little to no buildable areas and each individual lot would have to request a variance from the lake setback at the time of their development. Table 2: Setbacks GR zone (current Development Code) AG zone (2007 ordinance) Tii Gavo Front 40’ 40’ 30’ Side 20’ 20’ 15’ Rear 50’ 50' 30’ Infrastructure The subdivision is served by a community septic system, which the new eight lots would also be served by. Each lot would utilize wells for drinking water. The proposed new lots will all front Meadowridge Trail North. The unfinished portions of the road would be completed as part of the project. Lot 1, Block 2, and Lot 4, Block 1 are proposed to utilize a shared driveway, as shown by the access easement that runs north between the two lots. Wetlands and easements prevent individual driveways from adequately serving them. Lot 4, Block 1 has a Manage 3 wetland on it, while Lot 1, Block 2 has a Manage 1 wetland on it. Drainage easements cover portions of each lot. Parkland Dedication Creation of new lots through the subdivision process triggers the park dedication requirements of the city’s subdivision ordinance. This requirement calls for either land in the subdivision be dedicated to the city for parks, or a cash payment in lieu of land be paid to the city. The Development Agreement from 2007 for the Tii Gavo subdivision noted a $1,500 parkland dedication fee is to be paid for each created lot; for this second phase the cash in lieu fee required would total $12,000. ACTION REQUESTED The Planning Commission can do one of the following: 1. Recommend the City Council approve, with or without conditions 2. Recommend the City Council deny, with findings 3. Table the request for further review/study RECOMMENDATION The Planner recommends that the Planning Commission table the request, in order to allow time to receive comments on the proposed request from staff and other agencies.