HomeMy WebLinkAbout07-30-07 Item 7A, Planning Case 07-015 Preliminary Plat for Christensen Estates
~
~HILLS
Request for Council Action
Prepared By:
Oept.:
Council Mtg. Date:
Final Action Needed By:
James Lehnhoff
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Agenda Item:
7.A
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Actual Amount:
Funding Source:
Motion to Approve Planning Case 07 -o1"S'"fo"r:"a-PreJlm'in'ary"P"iafofchiiste-nsen-Estates"Sase-if.in"'tti-e-Findfngs"'6"fFactancHhe"'S-ubmHiiid'''phi115-1
as Amended by the Ten Conditions in the July 30,2007, Planning Case Report.
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iRecommend Approval of Planning Case 07-015 for a Preliminary Plat of Christensen Estates Based on the Findings of Fact and the Submitted;
iPlans as Amended by the Ten Conditions in the July 30,2007, Planning Case Report. '
IPlanning:
iPTRC:
'7-11-07 jApproval
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. 7 A-2: Public Comments/Letters
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/2'\~ HILLS
MEMORANDUM
DATE:
July 30, 2007
CC Agenda Item 7.A
TO:
Mayor & City Council
James Lehnhoff, City Plann~
Planning Case #: 07-015
Preliminary Plat of Christensen Estates
Richard J. Christensen
PID: 34-30-23-31-0012
FROM:
SUBJECT:
ReQnest
Motion to Approve Planning Case 07-015 for a Preliminary Plat of Christensen Estates Based on
the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the July 30,
2007, Planning Case Report.
Backl!round
The applicant is requesting a Preliminary Plat to subdivide a 4.3 acre property into four new
conforming It' th I t fChri t E t t
osm e PIa 0 S ensen sa es:
Christensen Estates
Total Area Outside
Lot Total Lot Area Easements Width Oepth
(and wetlands)
1 28,298 4,256 253 69.161
2 17 ,239 8,349 95 161-202
3 34,081 19,855 125.68 202-269
4 91,077 23,056 500+ 71-269
Minimum 14,000 nla 95 (105 corner) 130
The property is vacant and does not have an assigned address. The property is located to the east
of Snelling A venue/Highway 51 and to the west of the intersection of Hamline Avenue and
Ingerson Road (Attachment 3C-3 ofthe report to the Planning Commission), which is near the
northwest side of Lake Josephine. The property is not adjacent to Lake Josephine.
\lMetro-inet.us\ardenhills1PlanninglPlanning Cases\2007\07-015 Christensen Estates Pial (PCAPPROVAL)\073007 - CC Report - Christensen
Estates Plat. doc
Pagelof4
The applicant has submitted a Rice Creek Watershed District (RCWD) approved wetland
delineation report, soil information, existing conditions map, Preliminary Plat, preliminary
grading plan, and a preliminary tree removal plan (Attachment 3C-l of the report to the Planning
Commission). The plat has been submitted to the Rice Creek Watershed District and is currently
under review.
The submitted plans do show potential locations for future dwellings; however, those are only
meant to illustrate that there is room on each lot for a dwelling. The exact location of each
dwelling will be determined as each lot is developed through the building permit process. No
variances are anticipated for any of the lots as they are developed. The properties do meet the
minimum requirements ofthe City's subdivision and zoning codes.
The property is subject to the park dedication requirement, which will be set during the final plat
reVIew.
Findinl!:s of Fact
The Planning Commission offers the following eleven findings of fact for review:
Zoning Code Findings:
1. The lot layouts in the preliminary and final plat proposal meet or exceed all of the
requirements of the underlying R-l Zone, including minimum lot size, lot width, and
lot depth.
2. All four lots are capable of accommodating a detached single family dwelling that
meets all required setbacks and coverage limits without any additional variances.
3. No zoning variances are anticipated when each of the lots are developed.
Subdivision Ordinance Findings:
4. The proposed lot layouts meet or exceed all of the requirements of the City of Arden
Hills Subdivision Code except for the drainage and utility easement requirement.
5. The plans include a ten foot wide drainage and utility easement adjacent to the
Hamline Avenue right-of-way. A twelve foot wide drainage and utility easement is
required.
6. All four lots are adjacent to the Hamline Avenue right-of-way and capable of
supporting separate driveways.
7. The final utility plans are subject to City Engineer and Public Works approval prior to
any work being done on the property.
8. The drainage areas and stormwater pond areas are included in a drainage easement
that will be dedicated to the City and/or Rice Creek Watershed District.
9. The park dedication fee applies to this subdivision and shall be set by the City
CounciL
10. The plat has been submitted to the Rice Creek Watershed District for review.
11. No subdivision variances are required for this application.
\\Metro-inet.us\ardenhillslPlanninglPlanning Cases\2007\07~015 Christensen Estates Plat (PC APPROVAL)\073007 - CC Report - Christensen
Estates Plat. doc
Page 2 of4
Recommendation
The Planning Commission reviewed Planning Case 07-015 and recommends approval (6-0) of
the Preliminary Plat based on the findings of fact and the submitted plans as amended by the
following ten conditions:
1. The road access locations to Hamline Avenue shall be subject to approval from the
Public Works Director.
2. Final grading and erosion control plans for each lot shall be subj ect to approval by the
City Engineer prior to the issuance of building permits.
3. The utility plans for each lot shall be subject to approval by the City Engineer and
Public Works Director prior to the issuance of any building permits.
4. The final plat shall provide a minimum twelve foot wide drainage and utility
easement adjacent to the Hamline Avenue right-of-way.
5. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, Ramsey County, the Metropolitan Council, the State of Minnesota
Department of Natural Resources and any other governing agencies where applicable
before the fmal plat is executed.
6. The applicant shall submit updated title work prior to the City Council review of the
final plat.
7. The applicant shall submit an official appraisal of the property prior to the City's
review of the fmal plat that will be used for setting the park dedication fee. The park
dedication fee shall not exceed eight percent of the appraised land value at the time
the final plat is approved.
8. The applicant shall submit the required information and modify the applicable plans
to fully conform to the City Engineer's June 28, 2007, memorandum prior to the final
plat review.
9. The developer's agreement shall be prepared by the City Attorney and approved by
the City Council before the City Council executes the fmal plat.
10. The lots shall not be graded or cleared prior to the issuance of building permits for a
particular lot.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
IlMetro-inet.us\ardenhillslPlanninglPlanning Cases\2007\07-015 Christensen Estates Plat (PC APPROVAL)\073007 - CC Report _ Christensen
Estates Plat.doc
Page 3 of 4
Deadline for Al!:encv Actions
The City of Arden Hills received the completed plat application for this request on June 21,
2007. Pursuant to Minnesota State Statue 462.358 Subd 3C, the City shall approve or disapprove
the Preliminary Plat within 120 days following delivery of an application completed in
compliance with the municipal ordinance by the applicant to the municipality, unless an
extension ofthe review period has been agreed to by the applicant. The City must make a final
decision on the application no later than October 21, 2007.
Attachments
7A-l
7A-2
7A-3
Draft Planning Commission Minutes
Public Comments/Letters
July 11, 2007, Report to the Planning Commission-
httD://www.ci.arden-hills.rnn.us
\\Metro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-015 Christensen Estates Plat (PCAPPROVAL)\073007 - CC Report - Christensen
Estates Plat.doc
Page 4 0[4
Attachment 7 A-I
Draft Planning Commission
Meeting Minutes
From July 11, 2007
July 30,2007, City Council Meeting
ARDEN HILLS PLANNING COMMISSION - JULY 11, 2007
4
C. PLANNING CASE #07-015 - PRELIMINARY PLAT OF CHRISTENSEN
ESTATES: RICHARD J. CHRISTENSEN
Mr. Lehnhoff stated the applicant is requesting approval of a Preliminary Plat to
subdivide one property into four conforming lots in the plat of Christensen Estates. Staff
recommended approval subject to the following conditions:
1. The road access locations to Hamline Avenue shall be subject to approval from the
Public Works Director.
2. Final grading and erosion control plans for each lot shall be subject to approval by the
City Engineer prior to the issuance of building permits.
3. The utility plans for each lot shall be subject to approval by the City Engineer and
Public Works Director prior to the issuance of any building permits.
4. The final plat shall provide a minimum twelve foot wide drainage and utility
easement adjacent to the Hamline Avenue right-of-way.
S. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, Ramsey County, the Metropolitan Council, the State of Minnesota
Department of Natural Resources and any other governing agencies where applicable
before the final plat is executed.
6. The applicant shall submit updated title work prior to the City Council review of the
fmal plat.
7. The applicant shall submit an official appraisal of the property prior to the City's
review of the final plat that will be used for setting the park dedication fee. The park
dedication fee shall not exceed eight percent of the appraised land value at the time
the final plat is approved.
8. The applicant shall submit the required information and modify the applicable plans
to fully conform to the City Engineer's June 28, 2007, memorandum prior to the final
plat review.
9. The developer's agreement shall be prepared by the City Attorney and approved by
the City Council before the City Council executes the fmal plat.
He stated he had received an email dated July 9, 2007 from Douglas Hartford, 1292
Ingerson Road, stating: "I recently received a notice of the public hearing for the above
noted project. My wife and I reside at 1292 Ingerson Rd. In reviewing the detailed
materials and your report on this project as displayed on the city web site, I do have some
questions and concerns about the proposal. Among other things, your report (section 2,
Sub D) indicates the potential for significant tree removal particularly on lots 3 and 4. I
am concerned about the issues of tree removal on the property and the subsequent impact
on the noise levels of the traffic from Snelling Avenue, which we hear on our property.
The traffic noise is noticeable currently when we are in our yard and the trees on the
property proposed for development do serve as abate that noise to some degree. The
removal of trees will most like exacerbate the noise levels on our property and likely
even more son on those properties closer to Snelling. The end result could be a potential
violation of City ordinance (Section 600.1 Subd. 6.), which prohibits any action, which
"unreasonably interferes with the comfortable enjoyment of life and property...". I
would like to see this issue addressed prior to any approval of this proposed development
by the City. Perhaps the planning of some additional buffer trees along the Western
boundary of the property could be done to ameliorate the situation. I also believe the
high water levels on the property and the significant wetlands in the area make the
ARDEN HILLS PLANNING COMMISSION - JULY 11, 2007
5
property not really suitable for residential development. However, lacking the technical
expertise to address the matter, I will leave those judgments to the Rice Creek Watershed
District. Please feel free to contact me if you would like to discuss either of these issues
further."
Commissioner Modesette asked ifit was reasonable to negotiate the park dedication fees.
Mr. Lehnhoff responded the Code did permit the submittal of an appraisal, but if the
Council was open to negotiations, that would be a possibility.
Chair Sand opened the public hearing at 7:07 p.m.
Chair Sand invited anyone either for or against the proposed subdivision to make
comment.
Tom Lynch, 3220 Hamline Avenue North, stated he lived across from this property and
had lived in the area for 43 years. He stated he was concerned about the proximity of the
proposed home to the road and the noise generated by traffic.
Doug Hartford, 1292 Ingerson St, stated his major concern was also noise. He stated if
the trees were removed, he was concerned about how that removal would increase the
noise on his property. He also expressed concern about the wetlands on the property.
Richard Hanson, 3254 Hamline, stated he was also concerned about the noise and the
possible reduction of property values. He asked what happened if they built buildings
and then the buildings did not sell.
Richard Christensen, Avon, Connecticut; applicant, stated the reason he wanted to
develop the property was due to the high cost of the property taxes he was paying each
year.
Chair Sand asked how many trees would be removed. Mr. Christensen responded he did
not have that information, but the engineer would.
Commissioner Thompson asked if they had looked at reducing the number of lots. Mr.
Christensen responded they were looking to obtain the highest, best use of the property.
Commissioner Thompson asked if they had looked at donating the land for a park. Mr.
Christensen responded that was not feasible for him.
Commissioner Stodola stated she was concerned about the depressed housing market and
she did not see this building on a spec because that would lead to a home that nobody
would purchase. Mr. Christensen responded his intentions right now was not to do this,
but he would like to have this remain an option if necessary.
Jonathan Faraci, applicant's Engineer, responded to the questions regarding the number
oftrees removed.
Chair Sand asked if a tree survey had been prepared. Mr. Faraci responded they had not.
ARDEN HILLS PLANNING COMMISSION - JULY 11,2007
6
Commissioner Modesette asked about the wetlands. Mr. Faraci responded the homes
would be built on geo-technical piers, which was common in today's development
market.
Commissioner Modesette asked if there would be any other geo-technical techniques
used. Mr. Faraci responded there would not be.
Richard Hanson asked if the property has recently been put up for sale as it currently
stood. Mr. Christensen responded "no".
Chair Sand closed the public hearing at 7:37 p.m.
Commissioner Thompson stated one of her concerns was looking back on the situation on
Lake Johanna Boulevard near Siems Court with cleared lots sitting there. She stated this
was a concern because it could be weeks or years before someone would buy the
property. She also expressed concern about the noise levels for the neighborhood also.
She asked if there was anyway to add some type of a condition, without causing any
ramifications from the legal perspective. Mr. Lehnhoff responded they could include one
and he would check with the City Attorney prior to the Council meeting. He
recommended the condition be connected to the building permit.
Chair Sand asked Mr. Lehnhoff to check with the City Attorney to see if there was any
way to add a condition in the development agreement that would limit the development to
excluding spec homes until a known buyer was in place. Mr. Lehnhoff responded he did
not believe there was a legal basis for this, but he would check with the City Attorney.
Chair Sand stated it was his intent to have as much of a sound barrier as possible for the
neighborhood and eliminate the removal of the vegetation prematurely. Mr. Lehnhoff
responded they could add a condition to develop something with the City Attorney with
respect to the tree removal for future applications. He states developing a tree
preservation ordinance is on the City's list of projects to accomplish.
Commissioner Zimmerman asked if they could add a tenth condition stating: No trees
are to be removed from the subject property until a building permit was issued. Mr.
Lehnhoff responded that could be done.
Commissioner Zimmerman moved, seconded by Commissioner Stodola to recommend
approval of Planning Case 07-015 for a Preliminary Plat of Christensen Estates based on
the findings of fact, the submitted plans, and amended by ten conditions in the July 11,
200 Planning Case report. The tenth condition is to read: No trees are to be removed
from the subject property until a building permit is issued.
Commissioner Thompson stated she was concerned about the noise, the wetland, and the
quality of homes to be developed and she believed they needed to watch this one very
carefully. She noted this could change the character ofthe neighborhood.
Chair Sand stated he was also concerned for the same reason, but they did not have
anyone saying this was not a buildable lot.
The motion carried unanimously (6-0).
Attachment 7 A - 2
Public Comments/Letters
July 30,2007, City Council Meeting
James Lehnhoff
From:
Sent:
To:
Subject:
Hartford, Doug [Hartford@csp.edu]
Monday, July 09,20079:14 AM
James Lehnhoff
RE PC#07.015
Dear Mr. Lehnhoff:
I recently received a notice of the public hearing for the above noted project. My wife
and I reside at 1292 Ingerson Rd. In reviewing the detailed materials and your report on
this project as displayed on the city web site, I do have some questions and concerns
about the proposal.
Among other things, your report (section 2, Sub D) indicates the potential for significant
tree removal particularly on lots 3 and 4. I am concerned about the issue of tree removal
on the property and the subsequent impact on the noise levels of the traffic from Snelling
Avenue which we hear on our property. The traffic noise is noticeable currently when we
are in our yard and the trees on the property proposed for development do serve to abate
that noise to some degree. The removal of trees will most like exacerbate the noise
levels on our property and likely even more so on those properties closer to Snelling.
The end result could be a potential violation of City ordinance (Section 600.1 Subd 6.)
which prohibits any action which lIUnreasonably interferes with the comfortable enjoyment
of life and property. . . . .11.
I would like to see this issue addressed prior to any approval of this proposed
development by the City. Perhaps the planting of some additional buffer trees along the
Western boundary of the property could be done to ameliorate the situation.
I also believe the high water levels on the property and the significant wetlands in the
area make the property not really suitable for residential development. However, lacking
the technical expertise to address the matter, I will leave those judgments to the Rice
Creek Watershed District.
Please feel free to contact me if you would like to discuss either of these issues further
Sincerely,
Douglas Hartford
1292 Ingerson Rd
651-628-4034
1
Attachment 7 A - 3
Report to the Planning Commission
From July 11, 2007.
Available online at:
httu: f fwww.cLarden-hills.mn.us
July 30,2007, City Council Meeting