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2004-06-02 Planning Review Prelim Plat N () .'ll'ttWl $, l' A$$, Q,~; 'Ale; I) ~ Q N S Y ,,'t A, ...;'t'~. ". ,... Ct". 5775 Wayzata Boulevard. Suite 555. St. Louis Park. MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Albertville Planning Commission Larry Kruse, City Administrator FROM: Michael Darrow / Alan Brixius DATE: June 2, 2004 RE: Albertvi1le- Roessler- Preliminary Plat NAC FILE: 163.06 -04.13 BACKGROUND Kent Roessler, LLC has submitted an application for preliminary and final plat to create a single lot from an existing outlot. The proposed lot is 19,294 square feet or .44 acres. The existing outlot is part of the recorded plat of Parks ide 4th Addition. The site is zoned R-l and the surrounding land use is residential. The applicant is seeking to create a buildable lot within Outlot A of Parks ide 4th Addition. The proposed lot was not included as a buildable lot during the Parkside 4th Addition due to the amount of wetlands within the lot. Section A.600.13 (e) 1. of the Subdivision Ordinance states that wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value pursuant to the Wetland Conservation Act. The developer of the plat has completed construction of the nearby golf course and has banked wetland credits. The developer is seeking to use those credits to fill portions of the wetland,on the lot and develop it residentially. In order to proceed with the request, preliminary plat approval and final plat approval are required. The following is a review of the proposed application. Exhibits Exhibit A: Exhibrt B: Exhibit C: Site Location/Preliminary Plat Final Plat Wetland Banking Report 61 ANALYSIS Comprehensive Phm and Zoning. The Comprehensive Plan guides this area for residential uses. A land use policy of the Comprehensive Plan prohibits residential development in wetland areas and near other natural features that perform important protection functions in their natural state. The City must make the determination as to the appropriateness of the request to fill the wetland area. The site is zoned R-l. The plat was approved in 1997 for the development of 17 single family lots. According to Section 1100.2 (a), lots in all zoning districts of the City must contain usablelbuildable upland equal to atleast 80% of the required minimum lot areas. The required upland area shall not contain wetlands, streams, ponds, or any other non-buildable terrain. Lots which involve wetland mitigation practices shall be evaluated for conformance with this requirement based on wetland mitigation plans indicating areas of wetland filling or dredging. Below is a breakdown of the proposed lot: Lot Area Gross Lot Area Net Lot Width Setbacks Front Side Rear Hei ht Re uired 12,500 s uare feet * 10,000 s uare feet 90 feet Pro osed 19,294 8,036 95 feet 30 feet 1 0 feet 25 feet 35 feet 30 feet 10 feet 30 feet Unknown * The applicant is proposing to fill approximately 8,036 square feet or 64% of the minimum lot area of the R-l District. The applicant would need 10,000 square feet to be in compliance. Based upon this calculation, the applicant does not meet the requirements of Section 1100.2 (a) of the Zoning Ordinance. Section A-600.14 of the Subdivision Ordinance states that in areas determined to be protected areas (i.e., wetlands, floodable areas, steep slopes, or wooded areas), additional information regarding the site including tree preservation, soil erosion plans, as well as other measures must be submitted for staff review if the City approves the preliminary plat. Outlots 62 Currently, the proposed site is designated as an outlot. According to the Subdivision Ordinance, Section A.600.4 (0), in cases where outlots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Said outlots are also prohibited from qualifying for building permits except for public uses and private recreational uses accessory to allowable uses within the respective zoning district which are properties under common ownership. In 1997, Kenco requested a replat of Parks ide 4th that replaced Lot 1 with the current Outlot A. This chance was necessary because Wright County Soil and Water Conservation District would not approve Lot 1, Block 2 or the wetland mitigation rlan because of the negative impact it would have on the adjacent wetland. The Parkside 4t replat was accompanied by a revised grading and mitigation plan that avoided changing the wetland in the new Outlot A. Additionally, due to soil conditions, topographic issues, and the need for natural drainage areas from existing residential uses, the site was designated as an outlot. Staff has concerns about creating a buildable lot on a site that may have inadequate soil conditions. The new wetland mitigation plan must include TEP review and recommendations. Grading and Drainage The applicant has submitted a grading, drainage, and erosion control plan for staff review. The existing wetland is based upon the wetland mitigation plan for Parkside Fourth Addition. The applicant has identified drainage and utility easements on the plan. Ifthe preliminary plat is approved, the applicant will be required to submit infonnation regarding soils of the site to determine if the site is suitable for the construction of a residential home. All plans will be subject to the review and approval of the City Engineer. Land Filling Section 1800 of the Zoning Ordinance states that any land fill in excess of 50 cubic yards will require a land fill permit. The fill pennit shall also be submitted to Wright County Soil and Water for review and approval. CONCLUSION The Planning Commission and City Council must make the determination as to the appropriateness of the submitted application. Based upon the submitted plans dated April 23, 2004, the requested preliminary plat does not meet the general requirements of the Zoning Ordinance. If the Council recommends denial of the request, the following findings for denial have .been identified. 1. The proposed plan does not conform to the Comprehensive Plan regarding the filling of wetlands. 2. The proposed plan does not confonn to the minimum buildable lot area requirement. 63 3. The proposed plan does not conform to the original preliminary plat for Parkside 4th Addition which designated this area as an Outlot. If the Planning Commission recommends and the City Council approves the application, staff recommends that approval be based upon the following conditions. 1. The applicant shall revise the preliminary plat to meet the 80% requirement of the City Code. 2. Erosion control measures shall be subject to the review and approval of the City Engineer. 3. Soil testing shall be subject to the review and approval of the City Engineer. 4. The grading, drainage, and utility plan shall be submitted and shall be subject to the reVIew and approval of the City Engineer. 5. Watershed District, TEP, City Engineer and Building Official. 6. Additional comments from the City. The fill of all wetland areas shall be subject to the review and approval ofthe Wright County Soil and pc: Jon Sutherland Mike Couri Peter Carlson Kent Roessler 4870. Viking Blvd. Anoka, MN 55303 64 ~ ,-, NOIl/OOIf Hl;jl::i 30lS>ll:lVd I:IO~ .L itld Al:lVNWI1l3l:ld ~ ~~ !{_:: j; ;;l ~! 9'; 1 ~~ '1 i~ -1 . 0 t~ ;: ~ :'1,;,;:; 'I' _Y'-", 1-., -i'- ~'., - ;, r I ;/ , i .I / '-" <r ... - m - z >< w 65 Q, ......; r . :1" I.~ ~ ,1"\ i..J ...... \Ii , ,) ,,,", t r" I...... <' " .~ ..... z o ~ ...... (".' ""-I r"\ l...,j ~ ~ ...... r ~ , , 1 -i ~. ~.: ;:~ ~ -~ 1~ ~ ," ., ~ -;," ~ ~ d {~ d ~t2 l~~ iH ..2 ~l S i. ~~ ;} "': ~'" ~ i ~'i " f} ; J ': ~'ii ;!' l'f ~; ~,; L l:::t I; ~::"'--e "I; , i ~ ... - aa - :c >< 1&1 66 r-~""" Memorandum IVOUIAUG EN'VIRONMENTAL SERVICES COMPANY Pro..Jing So.."J, ScIm>,.J. Co~ruiw }(aturui RbOU1'" SoIutimu Date: September 23, 2003 Kent Roessler, Cedar Creek. Golf Course Don Jensen, Woodside Communities Trace McCoy, Meyer-Rohlin Li h/16';:if{~~I//:1 44~ i)1/ (-d' j Z-Iffl ,I:t. d~((s C." !l , iT be' l~{;'{f izi )d1~"((' To: From: Ken Powell, Kjolhaug Environmental Services Company Rc; Cedar Creek Golf Course Wetland Banking The final TEl' meeting fOf the Cedar Creek GoifCourse Wetland Banking was completed today, The foilo1Ning is a summary ofthe a.reas approved and the remaining credits to be deposited in the wetland bank: r----Area R-l R-2 R-3 R-i1 r R':-S . ! I R-6 -:------1 ~.-7 I ~:~6 - ! ..R-U' I ._R-12 I R-13 ~ R-14 R-15 I R-l ~__.__~_ I I rrotal As-Built .-'-!-'R~quired-M!tigatio1!......__ Cr~dit for Wetland Ballk.:J Not A rovect,l=NI A . N/A j Not A roved \ N/A .____ 1__ ~/A . 1 ~~:9C!.~i~ __ I----.~____. ~j~ .-.. _ --1-- . ~~ - .___=~j 26,889 sf i N/A I NJA J 50,OOO.si.--L________~{~_.,___._~_L _ N/A__ ..~ i::~~: ~ ----+.--- ~~~ !- ~~~ ---i 23~46g sf ----1- NJA N/A _~_ I ~~ ~ ~ ~ 8,697 sf i N/A N/A j 18,923 sf (----- N/A N/A 1 1,949 sf -.t-= N/A 1"-- N/A --- ,-..==1 11 ,234 sf NJ~ I N/A --I Not A roved N/A i NiA.-J., 6,736 sf NiA l .-' NiA ----~.~-- .1--. NI A _ N/A___i 235,2~9 sf._ I 165,520 sf 69,749 sf (1.60 a~l.__.J 26105Wild Rose Lane, Shore\l\!ood, Minnesota 55331, Phone: 952-401-8757, Fax: 952-401-8798 EXHIBITC 67