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06.b Staff Report_Rolling Acres 61 Subdivision 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: Rolling Acres 61 Subdivision Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Doug Shultz, Applicant Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: December 1, 2022 SUBJECT: Preliminary Plat for a Major Subdivision and a Rezoning of a parcel to OS- PUD overlay for an open space conservation development – ‘Rolling Acres 61’ MEETING DATE: December 6, 2022 LOCATION: PID 30.032.20.22.0004 APPLICANT: Doug Shultz - Grandmoore Homes, Inc. OWNER: Larry and Kim Reese ZONING: Agricultural Core (AG C), Shoreland Management Overlay (far north portions of parcel) REVIEW PERIOD: 60 day period ends January 13, 2023 ITEMS REVIEWED: Application and plans received November 13, 2022 DESCRIPTION OF THE REQUEST The applicant is looking to subdivided a 61 acre parcel into a single family residential development. The proposed subdivision would create seven lots for development, along with two outlots. The lots would have access to Keystone Avenue via a new road. The subdivision would be developed as an ‘open space conservation development’. Previous ordinances for the city (and the county, when the county had oversight on township zoning) have had this type of development as an option for subdivisions, with requirements and standards for such developments changing over time. The recently adopted Unified Developm ent Code (UDC) permits these developments within the newly created OS-PUD overlay zone. For review currently is the preliminary plat for the subdivision, named ‘Rolling Acres 61’. Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: The existing site is a 61.03 acre parcel. It is bordered by residential lots on the east and north sides, Keystone Ave (CR 50) on the west side, and a large, farmed area to the south. The shape is a bit irregular, as the property to the north contains powerlines that run southwest to northeast. The southeast portion of the site is used for agricultural purposes, while the remainder of the site is Undeveloped with grassland and some intermittent trees located within the northern portion of the site. There are several wetlands located in the low portions of the site. The southwest portion of the property is higher ground. The extreme northern portions of the property are within the Shoreland overlay zone due to its proximity to Keewahtin / Sylvan Lake to the north. Lots to the north and east are zoned Rural Residential – General (RR-G), while parcels to the south are zoned AG C. Land use: Agricultural (farmland), undeveloped open space Figure 1: Subject parcel (in red) and surroundings, per County GIS. Property lines are in orange. Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 3 Figure 2: Zoning of surrounding area, 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). Engineering/Fire/Public Works  Staff noted that the proposed outlot B should be owned and maintained by a Homeowner’s Association (HOA), not the city.  The Fire Chief noted that he had no issues/comments with the preliminary plat.  Public Works would prefer that boulevard trees to be no closer than 75 feet from edge of asphalt. Watershed The Comfort Lake Forest Lake Watershed District noted that the HOA for the subdivision should maintain the stormwater facilities on outlot B; a maintenance agreement of said facilities with the watershed would be required as part of a CLFLWD permit. Stormwater treatment, wetland buffers, and erosion control would also be required. DNR At the time of writing this staff report, the DNR Area Hydrologist had not provided comments. Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 4 Washington County Keystone Avenue is a county road, CR 50, so any access onto the road will require approval from the county. The new road placement, during reviews of concept plans was encouraged to either align with 199th Street North, or be as far south on the property as possible, so as to allow for turn lanes to be added to either Keystone or the new road in the future. Accesses for individual lots would come off of the new proposed road. 60 feet of right-of-way from the centerline of Keystone Avenue will also need to be dedicated. UDC Requirements OS-PUD Zone The proposed subdivision would be an ‘open space development’, which is able to be permitted on sites that are rezoned into the OS-PUD zone, as described in Chapter 153.200.050. In order to be able to be rezoned into this, a site must be zoned either AG C or RR-G, and be 40 or more acres in size; the subject property meets these requirements. As a result of using the OS-PUD zone, the northeast portions of the site will remain undeveloped and the southeast portions will be agricultural land. The AG-C zone has a density of 4 units per 40 acres. In exchange for the preservation of these lands, a density ‘bonus’ of three additional lots is permitted, allowing the applicant a total of seven lots. In order to fit the permitted density, the OS-PUD allows smaller lots than typically is permitted in the base zoning districts. The table below summarizes the similarities between the current base zone and the OS- PUD zone. Table 1: AG C & OS-PUD Zone AG C OS-PUD Density 4 units / 40 acres or quarter/quarter section Base Density + maximum 75% density bonus Minimum Lot Size (in acres) 2.0-5.0, or 20 or more acres 1.5 Minimum Lot width (in feet) 160 (if lot is 2-3 acres in size) 240 (lots 3-4 acres in size) 60 (cul-de-sac lot) Same Buildable area One acre same Setbacks (in feet) Front 40 30 Side 20 15 Rear 50 30 10 for accessory structures Maximum Lot Coverage 25% 35% Preliminary Plat Design The preliminary plat shows seven lots for development. The lots vary in size, as well as buildable area (areas not within setbacks, wetlands, or easements). See Table 2 on the following page. Block 1 corresponds to the lots along the north side of the new road, Block 2 corresponds to the lots to the south. Outlot A would remain as undeveloped land and agricultural land, while outlot B would contain stormwater facilities for the site. Outlot A would have an access to the new road via a 30 foot wide strip of land. Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 5 Table 2: Proposed lots and sizes Infrastructure The subdivision would include a new road, shown as 198th Street North on the plat. Each lot would be able to accommodate a septic system and well. A treatment pond is proposed on the southwest corner of the site in outlot B. City staff noted that the city’s public works department does not have capacity to maintain the outlot if it is owned by the city; an alternative would be for an HOA made up of the property owners within the subdivision would own and maintain outlot B. The watershed noted an agreement could be made with the HOA regarding maintenance of the pond. Parkland Dedication Creation of new lots through the subdivision process triggers the park land dedication requirements of the UDC (Chapter 153.500. Subd. 5). This requirement calls for either 5% of the 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 amount of cash to be paid in lieu of land dedication shall be based on the fair market value of the land to be subdivided at the time of final plat approval, multiplied by the percentage of land required to be dedicated. If cash in lieu is pursued, the following options are listed in the UDC: 1. The City and the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 4. The developer may pay a cash fee of $3,000 for each residential unit created as the presumptive fair market value of the land for which cash is paid. 5. Cash and Land Combination. The City, upon consideration of a particular development, may require that a lesser parcel of land should be dedicated due to particular features of the Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 6 development. In such cases, a cash contribution shall be required in additio n to or in lieu of the land dedication in order to ensure that the development contributes to the park system in rough proportion to its impact. The parkland dedication can be determined during the final plat phase. OS-PUD Requirements for Approval Section 153.500.060 lists the criteria for approving an open space development, in italics below, with the Planner’s findings following: 1. The PUD is not in conflict with the Comprehensive Plan The site is identified as Agricultural Core in the future land use map, which corresponds to the AG C zoning district. The future land use section of the comprehensive plan notes that the areas within this designation are meant to preserve and protect farmlands in the city. As an OS-PUD, portions of the site will remain as either undeveloped natural areas, or farmland, which is consistent with and caries out the intent of this future land use. 2. The PUD meets the Purpose of Planned Unit Development as stated in this Section. The purpose of the OS-PUD zone is to allow for more flexibility in development design than is possible under the Base Zoning District and conventional subdivision processes. The proposal utilizes these allowances to permit additional lots on the site, while preserving over half of the subject property from development. 3. The PUD or phase of development thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent phase of development. The proposed development would provide additional lots for residential use in the city, and can be conducted in one single development phase. 4. The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The development, with the proposed outlot B being owned and maintained by an HOA instead of the city, will not create an excessive burden on public facilities or services. 5. The PUD will not have an adverse impact on the reasonable enjoyment of the neighboring property. Development on this lot would not prohibit or adversely impact development on neighboring parcels, or prevent permitted uses or enjoyment of neighboring parcels. 6. The quality of the building and site design shall substantially enhance the aesthetics of the site. Over half of the subject property, as an OS-PUD, is preserved under the proposed plans, while currently unused areas are utilized for single family residential development, a common use found throughout this portion of the city. 7. The PUD will create a public benefit that is greater than what would be achieved through the strict application of the zoning and subdivision regulations. Strict application of the UDC would limit the number of lots on the property, an d would likely result in less land being preserved as open space or maintained as farmland. Rolling Acres 61 Subdivision Staff Report December 6, 2022 Scandia Planning Commission Page 7 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 recommend approval of the request for a Preliminary Plat for a Major Subdivision and a Rezoning of a parcel to OS-PUD overlay for an open space conservation development – ‘Rolling Acres 61’. The following conditions of approval are recommended: 1. The applicant is permitted to create seven lots, as shown on the plans submitted to the city and reviewed with this request. 2. The parcel shall be rezoned to the OS-PUD special overlay district. 3. The applicant shall acquire any required permits from the watershed district, and comply with their requirements. 4. The development shall adhere to the requirements of the OS-PUD section of the UDC 5. Outlot B shall be owned by a Homeowner’s Association. 6. The proposed road shall adhere to city requirements . 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 applicat ion.