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08.b2a CC Staff Report - Tii Gavo Second Addition 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 City Council 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: August 12, 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: August 16, 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 August 16, 2022 Scandia City Council 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). The Planning Commission reviewed the request at their meetings in July and August, and recommended approval of the request with a number of conditions at their August 2 nd meeting. Tii Gavo 2nd Addition Staff Report August 16, 2022 Scandia City Council Page 3 Engineer The comments from the City Engineer are included in the meeting materials in a letter dated July 8, 2022. Watershed The Carnelian Marine St Croix Watershed District recommended conditional approval of the project at their July board meeting. The watershed’s permit is included in the meeting materials. DNR At the time of writing this staff report, the DNR Area Hydrologist had not provided comments. Development Code Requirements Previous Approvals 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; the city at that time used the county’s shoreland ordinance. The approval of the Tii Gavo subdivision was done as an ‘Open Space Design’ (OSD) subdivision, which was a special kind of subdivision under the previous ordinance 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. The 2007 ordinance 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. OSDs under the previous ordinances required both a CUP and a preliminary and final plat to be approved; standard or conventional subdivisions followed the preliminary and final plat process. To build this next addition in the subdivision, the existing CUP for Tii Gavo will be amended. 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 Tii Gavo 2nd Addition Staff Report August 16, 2022 Scandia City Council Page 4 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. The County shoreland ordinance in effect at the time permitted a minimum lot size of one acre in OSDs (Section 20.2(6)). The city’s zoning ordinance at the time permitted different setbacks for OSDs (Chapter 2, Section 12.10(2)(B)), as shown in Table 2 below. The applicant would like to follow the design from the first phase of the development, and have the same front, side, and rear setbacks for the proposed addition. Table 2: Setbacks GR zone (current Development Code) AG zone (2007 ordinance) Open Space Design subdivisions (such as Tii Gavo) Front 40’ 40’ 30’ Side 20’ 20’ 15’ Rear 50’ 50' 30’ 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 was permitted 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 this setback. Without the variance allowing a 100 foot setback instead of the 200 foot setback, the proposed 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. Infrastructure The existing subdivision is already 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 those two lots. 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 also 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. Variance Criteria and Findings Chapter One, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified on the following pages in italics, followed by the Planning Commission’s findings regarding the requested variance to reduce the setback from Rasmussen Pond to 100 feet. Tii Gavo 2nd Addition Staff Report August 16, 2022 Scandia City Council Page 5  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The Plan notes an objective in the Land Use section to “conduct development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas”. The subdivision was designed to have a 100 foot setback from Rasmussen Pond; without the variance the proposed lots on the north side of Meadowridge Trail would have little to no buildable area and would be inconsistent with the design of the rest of the subdivision. The request is in general harmony with the Comprehensive Plan and Development Code.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). The proposed use would be for single family residential lots, which is a permitted use. Proposing to use the property for residential use is a reasonable use.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the limited amount of land not located within required setbacks as a result of what was previously approved by the city in the initial approval of the subdivision. Without the variances, the proposed lots along Rasmussen Pond would be unable to be developed as was planned for in the Development Agreement for the Tii Gavo subdivision. The practical difficulties are not caused by the current landowner and are unique to the property.  The variances would not alter the essential character of the area. The use and function of the proposed lots along Rasmussen Pond would be residential. If approved, the proposed lots would have consistent front, side, and lake side setbacks with the rest of the subdivision. Granting the variances should not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are due to the limited amount of land not located within required setbacks. The practical difficulties are not only economic in nature.  The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Granting the requested variances would not result in limiting light or air to neighboring properties . Increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values should not be negatively impacted, either, if the request is granted. The requested variance will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. The subdivision was designed to have a 100 foot setback from the pond. Increasing the setback to a distance of more than 100 feet would limit the ability of the proposed lots to remain consistent with the design of the rest of the subdivision, and could require variances from the front or side yard setbacks to create enough buildable area to make the lots along the north side of Tii Gavo 2nd Addition Staff Report August 16, 2022 Scandia City Council Page 6 Meadowridge Trail developable. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lots.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. N/A, the variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the requested variance to the setback requirement from Rasmussen Pond. ACTION REQUESTED The City Council can do one of the following: 1. Approve, with or without conditions 2. Deny, with findings for denial 3. Table the request for further review/study RECOMMENDATION The Planning Commission recommended approval of the request for a 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. The following conditions of approval were recommended: 1. The applicant is permitted to create eight lots, as shown on the plans submitted to the city and reviewed with this request. 2. The proposed eight lots shall have the following setback requirements, as shown on the plans submitted to the city and reviewed with this request: a. Front: 30 feet b. Side: 15 feet c. Rear: 30 feet d. Rasmussen Pond: 100 feet 3. The applicant shall acquire any required permits from the watershed district, and comply with their requirements. 4. The applicant shall address the comments from the City Engineer in the letter dated July 8, 2022. 5. The applicant shall update the current Development Agreement and Conservation Easement to include the proposed improvements for Tii Gavo 2nd Addition prior to approval of a Final Plat. 6. All other requirements of the existing Conditional Use Permit shall remain in full force and effect. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application.