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HomeMy WebLinkAbout18-3998 ExC PC memoDate Application Received: December 14, 2017 Date Application Considered as Complete: December 14, 2017 120-Day Review Period Expires April 13, 2018 (Pre Plat) To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: February 20, 2018 Subject: #18-3998, James and Mary Jundt, 1400 Brackets Point Road, Preliminary Plat Street Vacation Public Hearing Application Summary: The applicant is requesting preliminary plat and street vacation approval to subdivide the existing lot at 1400 Bracketts Point Road into 5 separate lots and relocate a portion of public Bracketts Point Road to the middle of the peninsula. Staff Recommendation: Planning Department Staff supports the project, subject to a number of conditions. Staffs recommended motions are: 1. Motion to approve the preliminary plat subject to the following conditions All comments in the City Engineer letter dated January 9, 2018 shall be addressed Provision of easements as required by the city engineer 1.Approval of the final plat within 1 year of the date of Council approval. 2.Development shall be subject to adherence to the proposed Basic Conservation Design Master Plan, also subject to removal of buckthorn on the site. 3.Significant trees to be preserved to the extent possible and as shown on the landscaping plans. 4.Upon any evidence of presettlement history, the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5.Park Dedication Fees and Storm Water & Drainage Trunk Fees, as well as municipal sewer and water connection charges, all as noted in staff memo, to be collected in full at the time of final plat approval. 6.Successful vacation of the portion Bracketts Point Right of Way illustrated in Exhibit I. 2. Motion to approve the vacation of the portion of Bracketts Point Right of Way illustrated in Exhibit I. Council Exhibit C 18-3998 FILE #18-3998 February 20, 2018 Page 2 of 6 Background/ Proposal The property is 13.78 acres and lies in the middle of Brackets Point. Bracketts Point Road enters the property at the north end then cuts to the west side, running along the lakeshore. Bracketts Point Road is a public road for the northern 2/3rds of its length, and private for the southern 1/3. Public Bracketts Point Road terminates at a hammer head turnaround at the southern end of the subject property. Within Bracketts Point Road is a sanitary sewer that serves the area. The subject property is zoned LR-1A One Family Residential, requiring 2 acres of dry buildable land per lot. All lakeshore lots require 200 feet of frontage at the lake and at the 75 foot lake yard setback. The applicants proposed plat is illustrated in a number of drawings, including the preliminary plat (Exhibit C), Utility Plans, (Exhibit E), Landscaping, (Exhibit F), and Grading, (Exhibit G). The survey of the property and tree inventory is provided as Exhibit H. A narrative describing the project has been provided as Exhibit D. This project received comments via the sketch Plan process (case number 17-3977) in November. The minutes from the Planning Commission (10/16/2017) and City Council (11/13/2017) meetings are attached as Exhibit P. LOT ANALYSIS WORKSHEET Lot Area (acres) Width at lake (feet) Lot 1, B1 2.41 335 Lot 2, B1 2.1 349 Lot 3, B1 2.35 363 Lot 1, B2 (Existing House) 3.36 415 Lot 2, B2 2.06 202 All lots meet the minimum lot area and width requirements. Section 78-1403- Structural Coverage: Only the structure within the development ( Lot 1, Block 2) is proposed to remain. The resulting structural and hard cover calculations are summarized below: Total Lot Area Total Structural Coverage 146,360 s.f. (3.35 acre) Allowed: 29,272 s.f. (20%) Proposed: 10,214 s.f. (6.9%) Stormwater Overlay Allowed Hardcover Existing Hardcover Proposed Hardcover FILE #18-3998 February 20, 2018 Page 3 of 6 District Tier Tier 1 25% 31,776 (21%) 31,776 (21%) Hardcover sheets have been provided as Exhibit J. The structural and hard cover limitations are met with the proposed subdivision. Septic System Status All five lots will be served by municipal sanitary sewer. The sanitary sewer line will be relocated to the middle of the peninsula, with the relocation of the road. The existing main will be abandoned. Vacation and Relocation of the road. The significant feature of this development proposal is the relocation of the Bracketts Point Road to the center of peninsula. To vacate a public right of way, the City Council must first determine that the existing right of way serves no public interest. In this case, Staff supports the vacation because the right of way will be relocated as illustrated in Exhibit I, preserving the public interest while removing hardcover from the lake. The relocation will trigger the need to relocate utilities, including the sanitary sewer trunk line. The relocation of the trunk line will require the need for a second lift station serving the area. For the city, this lift station is preferable to a deep trunk line and potential conflicts with water table and soil stability. The proposed relocation also allows for a more efficient connection with the private portion of Bracketts Point Road, serving the three existing lots on the south side of the peninsula. Access to all lots will be maintained, as will utility connections. The Planning Commission and Council should discuss whether a public wayside is necessary to be retained. The Comprehensive Plan does not identify this existing wayside as a lake access. The DNR did provide comment, attached as Exhibit S. They are not opposed to the vacation. Analysis Comprehensive Plan. The proposed use of the property is consistent with the comprehensive plan, in terms of use and density. The net density is 2.54 units per acre. Zoning Ordinance. The applicant approached this project with the goal of avoiding variances. The lots meet the minimum width and area requirements. Each lot allows sufficient area for development of an in character home without the need for setback variances. Average Lake Shore Setback. When developing new lakeshore lots, it is often beneficial FILE #18-3998 February 20, 2018 Page 4 of 6 to establish an average lake shore setback (ALS) for all lots as part of the formal plan approval. The ALS for Lot 2, Block 2 will be governed by the improvements on 1400 Bracketts Point Road within the subdivision and 1300 Bracketts Point Road outside the development. It is recommended that ALS for this lot be governed by standard rules. The lot at 1265 Bracketts Point Road establishes the ALS for Lot 1, Block 1, by virtue of being approximately 84 feet from the lake shore. It is recommended that lots 1-3, Block 1 maintain a minimum ALS of 84 feet regardless of when a neighboring property is built. Stormwater management. Stormwater management is an important feature of development adjacent to Lake Minnetonka. The proposal includes curb and gutter only along a portion of new Brackets Point. One catch basin and a depression will collect stormwater and route it under the road to go overland to new stormwater ponds, one in the north end of Lot 1, Block 1, and the second on the south end of Lot 3, Block 1. The city engineer has provided comments, Exhibit M, to ensure that the storm water management plan addresses watershed district requirements. An easement will be necessary over the ponds to allow for future maintenance. Conservation design. A Conservation Plan has been completed by Kjolhaug Environmental Services Company, Inc. on December 13, 2017, attached as Exhibit K. Tree removal/ replacement. The conservation plan notes the need to remove dead, damaged, or diseased trees from the site during site development. 77 trees greater that 6 inches at breast height will be removed during construction of the road and utilities. These trees are illustrated in Exhibit L. One tree within 75 feet of the lake is proposed to be removed. The developer proposes planting 61 trees to mitigate the tree removal; this planting is proposed to occur approximately 40 feet on center along the new Brackets Point Road. Staff recommends the landscape plan be adjusted to accommodate more natural clusters of trees along the right of way to better promote a natural feel for the vegetation. The abandonment of the sanitary sewer line may result in tree removal as a result of disturbing the root system. A tree removal plan should be provided prior to this item going to City Council for review. Wetlands. The property was inspected for wetlands on September 27, 2017. No wetlands were observed, and the Watershed District confirmed this on December 12, 2017. The wetland NOD is attached as Exhibit Q. The Army Corps concurring determination is attached as Exhibit R. Fees. When subdividing, a number of fees are applied. The following fees would be due at the time of Final Plat approval: Park dedication. The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The Comprehensive Plan does not suggest the need for a public park in this peninsula. Assuming the City Council finds no need for a public park at this site, payment of the standard Park Dedication fee for 4 new building lots would be appropriate; the current fee is FILE #18-3998 February 20, 2018 Page 5 of 6 based on the pre undeveloped value of the property, capped at $5,550 per lot. The park dedication fee would be $22,200 ($5,550 x 4 lots). Stormwater and Drainage Improvements & Fees. The property will be subject to the Stormwater and Drainage Trunk Fee. The stormwater trunk fee is based on the minimum acres per lot and the number of new lots. The fee for this subdivision is $32,240 (Minimum acre per lot (2) times number of new lots (4) times per acre amount ($4,030). Utility Locations/Availability/Assessments/Connection Fees. The costs to relocate the sanitary sewer and install the liftstation will be the developer’s responsibility. It appears that Sewer and Water connection charges have already been paid, though each unit will pay individual SAC charges at the time of building permit. Improvements at Shoreline Drive Intersection. During the sketch Plan review, it was noted that the additional lots may trigger improvements at the intersection of Bracketts Point and Shoreline. The developer was asked to seek County Comment. The County has reviewed the subdivision and does not recommend any changes to the Shoreline/ Brackets Point intersection. Their comments are provided is Exhibit N. Prehistory. During the sketch plan, it was noted that there has been some evidence of Native American in the general region. While investigation done to this point does not suggest any actual activity within the development, it is suggested that a condition be added that should physical evidence be found, the developer will contact the State Historic Preservation Office. Engineer Comments The city engineer has reviewed the proposal and has offered comments attached as Exhibit M. These comments will need to be addressed as part of the final plan and are added here as a conditional of approval. Public Comments To date, no public comments have been received. Staff and the Planning Commission encouraged the applicant to reach out to neighboring properties prior to submittal. The applicant’s narrative discusses the ability to connect with 6 of the 8 properties surrounding the proposed plat. Since the narrative was written, the applicant has stated that all adjacent property owners or their representatives have been informed. Issues for Consideration 1. Does the Planning Commission have concerns that could be mitigated by additional conditions? 2. Are there any other issues or concerns with this application? FILE #18-3998 February 20, 2018 Page 6 of 6 List of Exhibits Exhibit A. Application Exhibit B. Location map Exhibit C. Proposed Plat Exhibit D. Narrative Exhibit E. Utility Plans Exhibit F. Landscaping Plan Exhibit G. Grading Plan Exhibit H. Survey and Tree Inventory Exhibit I. Vacation illustration Exhibit J. Submitted Hardcover Calculations Exhibit K. Conservation Design Plan Exhibit L. Tree Removal Plan Exhibit M. City Engineer Memo Exhibit N. Comments from Hennepin County Exhibit O. Property Owners List/ Notification Map Exhibit P. City Council/ Planning Commission meeting Minutes Exhibit Q. Wetland Notice of Decision Exhibit R. Army Corps letter Exhibit S. DNR Letter RE vacation