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