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Home My WebLink About2011-06-01 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/1/11 PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approval of the application to subdivide 14.34 acres of land contained in two separate lots of record at 9038 and 9056 Kimbro Avenue into two new parcels configured at 9.5 acres and 4.84 acres in size. STAFF RECOMMENDATION Adopt the resolution approving the minor subdivision at 9038 and 9056 Kimbro Avenue. ADVISORY COMMISSION ACTION DATE ® PLANNING 5/25/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑_ REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 5/26/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 5/23/11 Planning Commission Minutes ADMINISTRATORS COMMENTS Cit Administrator bate COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: May 26, 2011 RE: Austin Minor Subdivision Introduction The Council is requested to consider approving an application to subdivide 14.34 acres of land contained in two separate lots of record two new parcels configured at 9.5 acres and 4.84 acres in size, subject to conditions. As a component of a 9.5 -acre land acquisition from Mr. James Austin for the intended purpose of the expansion of the Cottage Grove Ravine Regional Park, Washington County has applied for a rural subdivision to subdivide 14.34 acres of land in two newly configured separate lots of record. The addresses of the properties are 9038 and 9056 Kimbro Avenue. The northern ex- isting parcel is currently sized at 4.84 acres and the southern parcel in the application is cur- rently sized at 9.5 acres. The resultant parcels for this split would be 9.5 acres (Parcel A) and 4.34 acres (Parcel B). A site survey of the proposed subdivision is included below, as well as being attached as Exhibit A. Location Honorable Mayor, City Council, and Ryan Schroeder Ravine Regional Park Lot Split (Kimbro Avenue) May 26, 2011 Page 2 of 6 CERTIFICATE OF SURVEY Fe +74fthaSeua #t 4ha Xsnuwrt rjuaq varru7aM ofC§i'SaufPr lfgrgf" hbN #wek Uuur¢. Ajms R'trkeasa urrcr. f + l .4ar6an Tanmsn:F li harsh. knngt 31 R'sx. > jinr #tngzan 4alaerr, M�ar+taeXa � '< y I - ----------- r P.,1 A i t i� jx Faxcak fS �'— vxrseerta — •• ^��.1 ��.iw- ;oe %o-: I s ° 4 $^ t Fi[Rd — lTi+'A3M1 t wtii. ew..�atw The 14.34 -acre property consists of two separate lots of record and is located in the East Ra- vine Planning District, adjacent to the Cottage Grove Ravine Regional Park. The Parks Com- mission and City Council recently supported an amendment to the adopted Cottage Grove Ravine Park Master Plan to include the 9.5 acres the County is acquiring into the boundaries of the Regional Park. This split creates the 9.5 -acre acquisition parcel which is identified as Parcel A on the survey. The existing northern parcel currently contains a single family residence adjacent to Kimbro Avenue that will remain in possession of the property owner. The southern parcel is currently non - conforming, in that it is land locked and does not have any public frontage. This parcel does not contain any structures. A third 3.22 -acre parcel also in possession of the owner lies between the southern parcel and Kimbro Avenue. It contains miscellaneous outbuildings and no resi- dence, as a fire destroyed the residence several years ago. This lot and buildings will also re- main in possession of the of the property owner. This parcel is not involved in the proposed subdivisions and is identified as an exception parcel on the survey. Exhibit B details the pro- gression of the lot configurations as a result of this application. Planning Commission The Planning Commission held the public hearing on this application at their meeting on May 25, 2011. There was discussion the size of the lot that would remain under Mr. Austin's owner- ship and how this parcel could be subdivided in the future. The Commission unanimously rec- ommended approval of the application subject to the conditions stipulated in the Planning Staff Report. An excerpt from the Planning Commission meeting minutes is attached. Honorable Mayor, City Council, and Ryan Schroeder Ravine Regional Park Lot Split (Kimbro Avenue) May 26, 2011 Page 3 of 6 Planning Considerations Ordinance Criteria The property is currently zoned R -1, Rural Residential. This zoning classification is generally associated with rural residential areas in the community. This property and other rural estate parcels in the neighborhood have developed as acreage lots. Development of these types of parcels requires the installation of an individual sanitary treatment system (ISTS) and private well for residential use. The R -1 District requires each residential lot to be a minimum of 180 feet wide with a minimum lot area of three acres. The parcel being acquired by the County is not subject to the district performance standards, as it will be established as parkland. Without fur- ther action, the split of the existing parcels will not meet the minimum ordinance criteria. To solve this issue, it is recommended that as condition of the application approval, the current property owner must combine Parcel B with the 3.22 -acre exception parcel identified with the County as PIN 23.027.21.12.0004. Based on current land use and zoning classifications and requirements, the newly combined 8.06 -acre Austin parcel would have the ability to be subdi- vided at a later date through a separate application process. The resultant parcel configuration from this action is detailed below and on Item D of Exhibit B. { 1 Comprehensive Plan The future land use designation for this property and properties surrounding the site is rural residential. The plan states that urban services (city sanitary sewer and water) are not planned to be extended to this area in the next 20 years. This application is in compliance with the 2030 Comprehensive Plan as well as the land use designation identified in the East Ravine Planning District. Property Characteristics A major drainage swale flows south through the central portion of the property. The topography is rolling with a variety of mature trees, grasslands, and fallow agricultural fields. ----- {� i T:3 a P MA KIA y AE " . PARK" i. 1 ra^x Hey ' ;•• '�. � - »...... eta45T}Y[ 619fa �... �..:...... Se 1.09. �. — j)S },. -.. Comprehensive Plan The future land use designation for this property and properties surrounding the site is rural residential. The plan states that urban services (city sanitary sewer and water) are not planned to be extended to this area in the next 20 years. This application is in compliance with the 2030 Comprehensive Plan as well as the land use designation identified in the East Ravine Planning District. Property Characteristics A major drainage swale flows south through the central portion of the property. The topography is rolling with a variety of mature trees, grasslands, and fallow agricultural fields. Honorable Mayor, City Council, and Ryan Schroeder Ravine Regional Park Lot Split (Kimbro Avenue) May 26, 2011 Page 4 of 6 Transportation Access The minimum public frontage along Kimbro Avenue will be met with the aforementioned lot combination requirement. Kimbro Avenue is identified as a minor arterial on the future roadway plan of the City's Comprehensive Plan. No additional public road right -of- way is required to be dedicated along the roadway at this time. The resultant acreage of the combined parcel is of sufficient size to allow the two existing private access drive locations onto Kimbro Avenue to remain. Any modifications to the location of these drives in the future will require review and approval by the City Engineer. Utilities City urban services are currently not available in this area. Sanitary sewer service would not be available until a new trunk sanitary sewer is installed. Existing dwellings in this area will need to maintain their individual treatment sanitary disposal systems and private wells. Any future sub- division of the Austin combination parcel will require that the property owner have the site suita- bility for ISTS approved by Washington County Health Department prior to release for recording of any deeds related to that subdivision. Grading /Drainage No grading is proposed for the site as a component to this application. Standard drainage and utility easements will be required to be dedicated as a result of the subdivision. The easements are as follows: 1. 10 feet wide and 181.14 feet long along eastern property line of Parcel B adjacent to Kimbro Avenue 2. 10 feet wide and 658.42 feet long adjacent to the western property line of Parcel B 3. 5 feet wide and 591.8 feet long adjacent to the northern property line of Parcel B 4. 5 feet wide and 241.99 feet long adjacent to the southern property line of Parcel B As indicated earlier, a major drainageway cuts through the property. A 40 -foot drainage and util- ity easement currently exists over this area as recorded with Washington County in Document #646998. In review of the easement location on the County half section maps in relation to the contours, it appears to be inaccurate. It is recommended that prior to releasing the deeds for re- Honorable Mayor, City Council, and Ryan Schroeder Ravine Regional Park Lot Split (Kimbro Avenue) May 26, 2011 Page 5 of 6 cording, the accuracy of that easement be reviewed by the City Engineer in terms of location and size as based on the East Ravine surface water management plan, and that a new ease- ment be created and dedicated to the City for public drainage and utility purposes as per the recommendation of the City Engineer. In 2005, an easement on a similarly situated lot was re- quired to be 100 feet wide. No drainage and utility easements will be required to be dedicated for Parcel A. Park Dedication As a result of this application and in accordance with state statute, the City has the ability to re- quire the dedication of up to 10 percent of the property for public parkland purposes or cash in lieu of land dedication. Under the current ordinance criteria, the park fee in lieu of land dedica- tion is $4,200 per unit, and the existing residences have not been charged in the past. Due to the future incorporation of the Parcel A into the Cottage Grove Ravine Regional Park, it is recommended that the park fee be waived for that area, and that the dedication requirements for Parcel B be deferred until such time as the property is subdivided further. Park Access and Connections As a part of the East Ravine Master Plan, it was identified that a trailway link between the County Park and the undeveloped property located to the east of Kimbro Avenue should be es- tablished. This property is contiguous to one of the future green space links identified in the East Ravine Planning Process. The detail below identifies the referenced link: i W Excerpt from Concept D No action related to accomplishing this goal will be taken at this time through parkland dedica- tion, but the County should recognize and take action on this goal in future land acquisitions and trail improvements within the park. The preservation of linear trailway and wildlife corridors is integral to the City Park and Open Space System. Area Charges and Assessments Relative to the City's adopted policies concerning stormwater area charges, the proposed lot split now triggers that payment to be made to the City. The stormwater area charge for estate development is $4,443.00 per acre. Based on the gross land area of the property (14.34 acres), the total stormwater area charge equates to $63,712.62. Honorable Mayor, City Council, and Ryan Schroeder Ravine Regional Park Lot Split (Kimbro Avenue) May 26, 2011 Page 6 of 6 Recognizing that 9.5 acres of the total area will be acquired as public parkland that will never be improved with any impervious surface, it is recommended that this area be deducted from the area charge calculation. This will be a permanent reduction in the existing calculations for the projected stormwater area fund revenue. It is further recommended that charges for the re- maining 4.84 acres in Parcel B be deferred until such time as the property is subdivided further. The rates utilized for the calculation would be at the rates applicable at the time of development. This is consistent with the rural - friendly policy utilized by the City in the past. If land is in a cur- rent development staging area of the time of future subdivision, payment of water and sanitary area charges would also be triggered. Public Hearing Notices Public hearing notices were mailed on May 12, 2011, to property owners who are within 1000 feet of the proposed rural subdivision. The public hearing notice was published in the South Washington County Bulletin on May 11, 2011. Conclusion The application is consistent with the comprehensive land use plan and with conditions will meet all of the applicable minimum zoning and subdivision ordinance criteria. Recommendation Approve the application to subdivide 14.34 acres of land contained in two separate lots of record two new parcels configured at 9.5 acres and 4.84 acres in size, subject to the conditions listed in the attached draft resolution. EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MAY 23, 2011 6.2 Ravine Regional Park Lot Split (Kimbro Avenue) — Case MS11 -010 Washington County has applied for a minor subdivision of a 9.5 -acre property at 9038 Kimbro Avenue South into parcels sized at 7 acres and 2.5 acres, and a minor subdivi- sion of a 4.84 -acre property at 9056 Kimbro Avenue South into parcels sized at 2.5 acres and 2.34 acres for the purpose of land acquisition and expansion of the Cottage Grove Ravine Regional Park. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Poncin asked if there was just one residence on all three properties. McCool responded yes. Poncin asked how many acres the combined parcels would have. McCool answered that there would be about eight acres of land. Rostad asked if the parcel consists of eight acres of land and the zoning requires a mini- mum lot size of three acres, how can three lots be created. McCool responded that he would need to look into that, as there may have been a commitment to allow a maximum of three lots in the future for this parcel on the part of the County when they purchased the land. Brittain asked which zoning district has a minimum lot size of 1.5 acres for rural lots. McCool responded R -2, Residential Estate. Brittain asked if there could potentially be enough area for well and septic on 2.8 acres per parcel. McCool responded yes. Brittain stated that any subdivision should meet the current zoning standards or an amendment to the zoning should be made. Rambacher asked about access to the parcels if the property was subdivided into three lots. McCool responded that they all would have frontage along Kimbro Avenue. Brittain asked if there was enough frontage on Kimbro Avenue to meet the minimum lot width of 180 feet. It was noted that there is a total of 662 feet of frontage, which would allow for 180 - foot lot widths. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Brittain made a motion to approve the minor subdivision of land at 9038 and 9056 Kimbro Avenue, subject to the conditions listed below. Pearson seconded. 1. Parcel B and the existing 3.22 acre parcel identified as PIN 23.027.21.12.0004 shall be combined as one 8.06 -acre taxing parcel in conjunction with the recording of the deeds for the parcels created through the action of this application. Proof of said combination shall be furnished to the City within seven business days of the combination. Excerpt from Planning Commission Minutes Ravine Regional Park Lot Split (Kimbro Avenue) May 23, 2011 Page 2 of 2 2. The stormwater area charges shall be waived for the 9.5 acre Parcel A if it is acquired by Washington County. 3. The stormwater area charges shall be deferred for the 8.06 -acre combination par- cel until such time as the property is subdivided further, and payment shag be at the rate current at the time of subdivision. 4. The following permanent drainage and utility easements shall be dedicated to the City as required by the City's Subdivision Ordinance (Title 10- 5 -6D): a. 10 feet wide and 181.14 feet long along eastern property line of Parcel B adjacent to Kimbro Avenue b. 10 feet wide and 658.42 feet long adjacent to the western property line of Parcel B c. 5 feet wide and 591.8 feet long adjacent to the northern property line of Parcel B d. 5 feet wide and 241.99 feet long adjacent to the southern property line of Parcel B 5. Prior to releasing the deeds for recording, the accuracy of the existing drainage easement recorded in Document #646998 shall be reviewed by the City Engineer in terms of location and size as based on the East Ravine surface water manage- ment plan, and that a new easement shall be created and dedicated to the City for public drainage and utility purposes as per the recommendation of the City Engineer. 6. Modifications to the private access drive locations onto Kimbro Avenue shall be reviewed and approved by the City Engineer, and a right of way permit issued before modification of said access points. 7. Park dedication shall be waived for the 9.5 -acre County acquisition parcel. 8. Park dedication shall be deferred for the remaining 4.84 -acre parcel until such time as the property is subdivided further, and payment shall be at the rate cur- rent at the time of subdivision. 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