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HomeMy WebLinkAboutLA19-84 ExB PC Memo To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: November 18, 2019 Subject: #19-84, Julie Thometz o/b/o 1350 Baldur LLC, Baldur Park Road, Sketch Plan Background The subject parcel was part of a sketch plan (Case No. LA18-68) in 2018. At that time, one easement back lot was proposed to be platted. The applicant has adjusted their plans, adding an extension of right of way and a second platted lot, for the possible construction of two additional lots on the point at Baldur Park. The Planning Commission (August 20, 2018) and City Council (October 8, 2018) reviewed that application. The minutes from these meetings are attached as Exhibits H and I, respectively and are offered for additional background. Commissioners generally struggled with the creation of lots that required variances to improve. Council members generally supported flexibility to the road standards, and noted that inherent difficulties may support flexibility with respect to lot standards. The proposal A single property owner owns the 14 platted parcels at the end of Baldur Park. These parcels include the subject parcels, the existing home at the end of the point, and an accessory building/ garage. The plan shows the combination of the southern 7 lots to be platted into 2 lots to be built on. Additional right of way for an extension of Baldur Park Road is proposed, including a cul de sac. No building or grading plans have been provided. The remaining lots at the point are not included in the proposal. Sketch Plan Review Parameters The goal of this review is to provide the applicant with an overview of the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. The “Summary of Issues for Consideration” reveals a number of issues with the proposed plat and should provide direction to the applicants regarding the proposal. Planning Commission should review each topic and identify any issues to which the applicant should pay special attention. Application Summary: This is a sketch plan for a proposed plat that would combine 7 lots into two buildable lots and additional Right of Way. Staff Recommendation: Staff seeks comment on the proposed plat. FILE # LA19-000084 November 18, 2019 Page 2 of 4 As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the project moves forward. Analysis The main change from the proposal last fall is the introduction of an extension to Baldur Park Road and a cul de sac. Baldur Park Road is currently a public road, and the applicant has indicated that the proposed extension will be also. There is no room to construct a cul de sac at the current northern end of the existing Baldur Park Road. The property is currently zoned LR-1C and guided for Urban Low Density Residential in the Comprehensive Plan. The application does not propose a change to either document, and pending further refined plans, is anticipated to conform. Lot Area. The subdivision code defines lot area as: In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Each lot created must be 0.5 acres and 100 feet of width. Since these are lake lots, the width is measured at the lake and 75 feet back. The lots appear to meet the width requirement, but not the lot area. Additionally, the lots will require variances from the lakeyard prior to construction. The revised proposal, attached as Exhibit B provides solutions to the floodplain issues identified below. However, these solutions decrease the lot area, resulting in lots less that Code standards. A variance will be necessary. Required area Gross area Defined area Lot 1 21,780 16,954 7,814 Lot 2 21,780 14,526 7,590 Based on the lot area issues, it appears that the subject 2 lots could be combined into one buildable lot, and a second (or third) buildable lot be created further toward the point. The provision of a cul de sac supports this future development. Floodplain. The plans reflect a cut and fill proposal to create building pads out of the floodplain by creating additional floodplain. This process will need to formally be approved via a Conditional Use Permit. The MCWD has provided comments based on the current plan. Additionally, MCWD comments based on preliminary review of the 2018 plan remain relevant, both are attached as Exhibit E. It appears the solution is approvable. FILE # LA19-000084 November 18, 2019 Page 3 of 4 Road/ Cul de sac length. Baldur Park Road is currently approximately 990 feet from its’ intersection with Birch Lane. The maximum length permitted by code is 1000 feet. Baldur Park Road currently ends without a turn-around or cul de sac. The proposed extension of Baldur Park will lengthen the road about 400 feet to approximately 1390 feet. Staff supports this deviation from the length as a cul de sac benefits the public and there are no other options to reduce the length of the cul de sac. Currently, Baldur Park Road is a 18’ wide road within a 30 foot wide right of way. The proposal shows a 18 feet wide paved surface within a 20’ right of way. Both are deviations from the code requirements of 24’ wide pavement within a 50’ right of way. Staff can support a deviation, but to the existing standards of Baldur Park. The Council seemed to confirm this deviation last fall. It appears that the road is proposed above the base flood elevation of 931.5, though further detail will be necessary. Stormwater and Drainage Improvements & Fees. Stormwater plans have not been developed at this stage. Stormwater will need to be managed as required by the Watershed District. The project will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee). Final calculation of the fee would be based on the final lot count. If, for example the development results in 2 lots at 0.5 acres, the SW&DT Fee would be $6,050 per new lot as outlined in the 2019 Orono Fee Schedule. Utility Locations/Availability/Assessments/Connection Fees. The lots will need to connect to sanitary sewer, the sanitary sewer line will need to be extended at the applicant’s expense. A SAC connection fee will be required at the time of connection. Extension of the sewer will be the responsibility of the developer. Municipal Water does not serve the property. A well will need to be developed for each lot. It is assumed that all other utilities will be underground and located within easements and right of way. This will be verified with the review of the utility plan and supports the need for additional right of way. Wetlands. It appears that a portion of the western shore is impacted by wetlands. The MCWD will likely require a buffer of some width, which may impact access and building sites. Wetland buffers may be included in lot area calculations, but not the wetlands themselves. The proposal does include an averaged wetland buffer, to be approved by the watershed district. Tree and/or Woodland Impacts. The site plan indicates several large cottonwood trees on the property, many of which will be removed to accommodate construction. Conservation Design. This project will trigger the need for a conservation design, due to FILE # LA19-000084 November 18, 2019 Page 4 of 4 the proposed density. Staff supports a waiver of this requirement because of the size and scope of the development. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Does the Planning Commission support the lot layout as presented? 2. Does the Commission generally support a variance from the lot area requirements? 3. Does the Commission generally support a variance from the 75’ lake yard setback? 4. Does the Commission support a waiver from the cul de sac length standard? 5. Does the Commission support a waiver for the new Baldur Park Road to be consistent with the existing Baldur Park Road? 6. Does the Commission support a waiver from the conservation design requirement? 7. Has the Commission identified issues in addition to those identified by staff? Staff Recommendation Staff seeks direction on the Issues stated above Public Comments As part of the project last year, public comments were received and attached as Exhibit G. List of Exhibits Exhibit A. Application Summary Exhibit B. Applicants’ Submitted Sketch Plan Exhibit C. Location Map Exhibit D. Staff Comment Letter Exhibit E. MCWD Comment Letter* Exhibit F. MCWD Wetland NOD Exhibit G. Public Comments* Exhibit H. PC minutes dated August 20, 2018 Exhibit I. CC Minutes dated October 8, 2018 Exhibit J. Engineering Comments dated November 13, 2019 *Exhibits E, F, and G were offered as part of the sketch plan in 2018 and are provided here as they remain relevant to the current application.