Loading...
HomeMy WebLinkAboutItem 06.gFebruary 17, 2012 Item No. FEBRUARY 21, 2012 CITY COUNCIL MEETING SAUBER COMPREHENSIVE PLAN AMENDMENT Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution approving the Sauber Comprehensive Plan amendment as presented. Adoption of this motion will allow the property located at 11950 — 185 Street to be brought into the current MUSA. Overview Keith and Jacqueline Sauber are requesting that their 8.7 acre property on the north shore of the west shore of Lake Marion to be brought into the current MUSA to allow their new house to be connected to City sanitary sewer. The sanitary sewer is located on the south side of 185 Street (CSAH 60) at the end of the Sauber's driveway. The existing non - compliant private septic system will be abandoned. The Planning Commission held a public hearing on the Comprehensive Plan Amendment at their February 2, 2012 meeting and recommended unanimous approval subject to the three stipulations listed in the planning report. There was no public comment at the public hearing. The Comprehensive Plan amendment is subject to Metropolitan Council approval. Primary Issues to Consider What affect will the Comprehensive Plan Amendment have on other properties south of 185 Street? The Sauber property is unique in this area because it is surrounded on three sides by Lake Marion, severely impacting the ability of the property owner to construct a new house and compliant septic system meeting shoreland overlay district requirements. The City will examine the long range land use and MUSA timing of the other properties in the City when the Comprehensive Plan is updated in 2018. Supporting Information • Resolution approving the Comprehensive Plan Amendment • February 2, 2012 Planning Commission draft meeting minutes • January 27, 2011 planning report Frank Dempsey, AICP, - ssocia Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents 2008 Comprehensive Plan Notes: CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION APPROVING THE SAUBER COMPREHENSIVE PLAN (MUSA) AMENDMENT WHEREAS, on February 2, 2012, the Lakeville Planning Commission met to consider the application of Keith and Jacqueline Sauber for a Comprehensive Plan amendment to bring property into the current MUSA. The Planning Commission conducted a public hearing on the proposed Comprehensive Plan Amendment preceded by published and mailed notice; and WHEREAS, the proposed Comprehensive Plan amendment has been submitted to adjacent governmental jurisdictions and the affected school district and no objections have been expressed; and WHEREAS, the City Council has considered the Comprehensive Plan (MUSA) amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The Comprehensive Plan (MUSA) amendment will not have a substantial impact on or contain a substantial departure from Metropolitan System Plans. 2. The Comprehensive Plan (MUSA) amendment is hereby approved, contingent upon the approval of the Comprehensive Plan amendment by the Metropolitan Council. DATED this 21 day of February, 2012. ATTEST: BY: Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Mark Bellows, Mayor ITEM 5. KEITH AND JACKIE SAUBER Planning Commission Meeting February 2, 2012 Page 2 Chair Davis opened the public hearing to consider the application of Keith and Jackie Sauber for a Comprehensive Plan amendment to bring a property into the current Municipal Urban Service Area (MUSA) to allow a single family home to be connected to the city sanitary sewer system, located at 11950 - 185th Street (CSAH 60). The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Keith and Jackie Sauber were in attendance at tonight's meeting. Mr. Sauber presented an overview of their request. He stated they have removed the house previously located on the property and plan to construct a new home this summer. As such, they felt it was a good time to eliminate the failed septic system and hook up to city sanitary sewer, which requires their property to be brought into the current MUSA. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the City sanitary sewer system was extended to the edge of the Sauber's property in 2005 with the development of the Prairie Lake residential subdivision located across 185th Street to the north '=t He stated:, that private septic systems require the same setback as buildings in the shoreland overlay district. Because the Sauber property is surrounded on three sides by Lake Marion, constructing a new and compliant septic system on the property would be unlikely. Mr. Dempsey indicated that the RA, Rural /Agricultural District zoning of the property will not change. He indicated that after City Council consideration, the Comprehensive Plan amendment will be forwarded to the Metropolitan Council for their approval Mr. Dempsey stated that Planning and Engineering Department staff recommend approval of the Comprehensive Plan amendment to bring the Sauber property into the current MUSA, subject to the 3 stipulations listed in the January 27, 2012 planning report: Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 12.03 Motion was made and seconded to close the public hearing at 6:08 p.m. Ayes: Boerschel, Maguire, Lillehei, Davis, Blee, Grenz, Drotning. Nays: 0 Ayes: Maguire, Lillehei, Davis, Blee, Grenz, Drotning, Boerschel. Nays: 0 Planning Commission Meeting February 2, 2012 Page 3 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Time frame for Metropolitan Council approval. Mr. Dempsey explained that it is an administrative approval and will likely take approximately 30 days after City Council approval. • The Planning Commission acknowledged the benefit to Lake Marion of removal of the non - compliant septic system. • Commissioner Drotning asked Mr. Dempsey to explain the long range zoning and Comprehensive Plan impacts on this property. Mr. Dempsey explained that the Zoning Ordinance amendment approved on May 17, 2010 changed the classification of the west bay of Lake Marion from recreational development to natural environment. The Zoning Ordinance allows lots of record created prior to May 17, 2010 adjacent to the west bay of Lake Marion to meet the requirements for a recreational development lake classification, which in this case is a 100 foot setback for a lot without City sanitary sewer and a 75 foot setback for a lot with City sanitary sewer. He indicated that because the setback requirement for septic systems is the same as the setback requirement for buildings in the Shoreland Overlay District, there is not adequate area for the construction of a new code compliance septic system on the Sauber property. Mr. Dempsey, further explained that if the properties abutting.: the west bay of Lake Marion are rezoned or subdivided in the future, the Zoning Ordinance requires that the lot or lots comply with the setback requirements for a natural environment lake classification, which would be 150 feet from the Ordinary High Water Level (OHWL). He stated that the MUSA timing and land: use designations of this area of the city will be reviewed again with the 2018 Comprehensive Plan Update. 12.04 Motion was made and seconded to recommend to City Council approval of a Comprehensive Plan amendment to bring the Sauber property into the current Municipal- Urban Service Area (MUSA) to allow a single family home to be connected to the City sanitary sewer system, located at 11950 - 185th Street (CSAH 60), subject to the following 3 stipulations: 1. The Comprehensive Plan amendment is subject to Metropolitan Council approval. 2. The development of the property shall be in compliance with Zoning Ordinance requirements. 3. The driveway shall be paved with bituminous, concrete or paving brick. Memorandum City of Lakeville Planning Department To Planning Commission From:10Frank Dempsey, AICP, Associate Planner Date: January 27, 2012 Subject: Packet Material for the February 2, 2012 Planning Commission Meeting Agenda Item: Sauber Comprehensive Plan (MUSA) Amendment Application Action Deadline: March 10, 2012 INTRODUCTION Keith and Jaqueline Sauber, owners of property located at 11950 — 185 Street, have submitted an application for an amendment to the 2008 Comprehensive Plan to bring their 8.7 acre property into the current Municipal Urban Service Area (MUSA). The purpose of the amendment is to allow a new single family home to be connected to city sanitary sewer and allow the existing non - compliant private septic system to be abandoned. The property is a metes and bounds described parcel abutting Lake Marion. A single family home constructed in 1970 was recently removed and the Saubers plan on constructing a new home this summer. They would prefer to connect the new home to City sanitary sewer, which requires the property to be brought into the current MUSA. EXHIBITS The following exhibits are attached for your information: A. Location and Zoning Map B. Aerial Photo C. MUSA Amendment Maps (2 Pages) D. Certificate of Survey E. Sketch of Proposed New House Location PLAN ANALYSIS Surrounding Uses North — 185 Street (CSAH 60) South — Lake Marion East — Lake Marion and a Single Family Residential Home (RA District) West — Lake Marion and a Single Family Residential Home (RA District) Comprehensive Plan. The 2008 Comprehensive Plan identifies the subject property and the properties south of 185th Street and west of Interstate 35 as Rural Residential on the 2030 land use plan and Permanent Rural on the MUSA map. The amendment to the Comprehensive Plan would bring the Sauber property into the current MUSA. The land use designation will not change. Zoning. The current RA, Rural /Agricultural District zoning of the property will not change. The parcel will continue to be a legal non - conforming parcel of less than 10 acres, which is the minimum lot area requirements in the RA District. Existing Conditions. The subject property includes a detached accessory building and a driveway access off of 185th Street. The detached accessory building meets the 30 foot setback to the front property line (CSAH 60 right -of -way line) and will be kept with the construction of the new house. The property is surrounded on three sides by Lake Marion. The property is located within the Shoreland Overlay District for the portion of Lake Marion classified as a natural environment lake. The survey (Exhibit D) identifies the location of the old house that has since been removed. Exhibit E identifies the proposed location of the new house which meets setback requirements. Location of Sanitary Sewer. City sanitary sewer was extended to the edge of the Sauber's property in 2005 with the development of the Prairie Lake residential subdivision north of 185 Street (CSAH 60). The sanitary sewer was installed in that location to provide future access for the properties south of 185 Street (CSAH 60) without having to excavate the roadway. Access. The property is accessed from an existing driveway off of 185 Street. The location of the driveway will not change with the new house construction. The building permit for the new house will require that the driveway be paved in compliance with the Zoning Ordinance. Setbacks. The following minimum building setbacks are required: North (CSAH 60) — 30 feet South — 100 feet to the OHWL for unsewered lots, 75 feet for sewered lots East — 100 feet to the OHWL for unsewered lots, 75 feet for sewered lots West — 100 feet to the OHWL for unsewered lots, 75 feet for sewered lots 2 Section 11 -102 -9 of the Zoning Ordinance allows lots of record created prior to May 17, 2010 located in the natural environment designated area of Lake Marion to be subject to the minimum setback requirements applicable to the former recreational development classification on the west bay of Lake Marion, which in the case of the subject property is 100 feet without city sanitary sewer and 75 feet with city sanitary sewer. Because the setback requirement for septic systems is the same as the setback requirement for buildings, the configuration of the parcel, the parcel's proximity to Lake Marion and topographic conditions likely do not provide adequate area for the construction of a new code compliance septic system of the property. The January 26, 2012 engineering report provides additional discussion on utility service for the subject property. If the property is rezoned or subdivided in the future, the Zoning Ordinance requires that the lot or lots comply with the setback requirements in place at that time. Currently, that would require a setback of 150 feet from the OHWL for the new home and the existing garage. Future Subdivision. Given the configuration of the subject property, it is very unlikely that it could be subdivided in the future and meet the Shoreland Overlay District requirements (see Exhibit D) when the land use and zoning of this area of the city changes to allow urban residential development. RECOMMENDATION Planning Department staff recommends approval of the Comprehensive Plan Amendment to bring the Sauber property into the current MUSA subject to the following stipulations: 1. The Comprehensive Plan Amendment is subject to Metropolitan Council approval. 2. The development of the property shall be in compliance with Zoning Ordinance requirements. 3. The driveway shall be paved with bituminous, concrete or paving brick. cc: Keith and Jackie Sauber 3 J cc -J U I AFL WJ AZ Y S ll1l,� -'QU ID P /OS RS -1 Ritter Farm Park 185TH ST W RM -2 O -R Lake Marion Location of 11950 - 185th Street P /OS Print Preview Dakota County, MN Page 1 of 1 .. 4 Location of- 11950 ,185th Street ► -f ft Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 790 feet EXHIBIT B http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota ... 1/26/2012 ■ MIME ■■ ■■■EE ■N■ ■N■ ■1111■N■ ■EEEEEM■E■ ■11EM ■E ■� ra ■ U ■ S■, a CD a -a CD v � g Q 0 a 0 0 0 01 0 0 0 N CD N ■ ■■ ■ MINE ■ ■ ■ ■ ■ S umo so NN■ ■■■M+ ■ ■ ■ ■ ■ ■ ■ ■ m C cn ✓ CD CD CL ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■iii.. ■■ ■iii■ 0 0 0 01 0 O IN III WEENIE ■y ■ ■ - 0 ED 0 N CD cn C 9 9 8 2 2 8 8 8 9 R 0 0 Z _ -cm rri Z .l CO m o 0 0 r 0 CO M N CO CO D 0 z r D m vm . Oy, v Ino IPE 5 33 mMoms %71 g m N 0 0))0 °c) C In EgloP A-ge z '43' � 05 0 5 g ` tiN N Z D s m N Y N 0 n O 1 CC z O m N O 51; . 0 r > D D z rr EAST UNE OF THE NW 1/4 OF THE SE 1/4 OF SECTION 14 O -oZDnT O P:o m PR I m WEST UNE OF GOVT LOT 3. SECTION 14 8 ° 2 o r A N m 0 g z N 00°16'41" W 214.12 .s a / a J sy - - -- ` E s a �� r L $b 4 8 2 3 9 2 8 ) S 01 °14'41" E 0 D 0 -i 0 0 z ,.0 D 0 C) I 0 D K > z O N.) i 4,nn 0 " OAK \o o • Ix 24 "OAK FMR. `+ 20 "OAK 9cD1 '` f, --- tt t t l 20" OAK osq 6- SITE DETAIL SCALE = 1" - 30' 100' SETBACK' FROM 0.H.W.L. V '1‘'c* NCIS K 9 " ' 4fifi- A 0 2 - - �, _ - - -- 40 o0 24 -OAK` 5` ,' o ° 9- 1.- \0 0 `' a k �\� , fi • e 0Q 3C a9 ` i� � �a X 2 4_ OAk� I ; - ,,0 1 18 "0A � ■ 9 ! e - �- 80,A - f9 18 OAK � 9 9 \,p . i t q/ I i \ ` ` 9 9 4 ` ` i Ll_" ' \ og p M F 0. \ELD EXHIBIT HIBIT E Memorandum To: Frank Dempsey, Associate Planner From: Mark DuChene, Development Design Engineer Copy: Dennis Feller, Finance Director David L. Olson, Community and Economic Development Director Date: January 26 2012 Subject: 11950 185 Street • Comprehensive Plan Amendment BACKGROUND City of Lakeville Engineering Keith and Jaqueline Sauber, property owners of 11950 185 Street, have submitted an application to bring the subject parcel into the current Municipal Urban Service Area (referenced "MUSA ") in the Comprehensive Plan. The subject property consists of a metes and bounds parcel that is located south of and adjacent to 185th Street (CSAH 60); and north of and adjacent to Lake Marion. The property owners have demolished the existing home and are proposing to construct a new single family dwelling and utilize the existing detached garage on the subject parcel. The previous home was serviced by a private septic system and well. As part of the building permitting process the site's septic system was evaluated. The existing septic system is not compliant and has to be brought into compliance with the current code to remain in place. Due to the subject property's location next to the lake and the availability of public sanitary sewer and watermain facilities directly adjacent to the site, allowing the parcel to connect to public facilities will further protect the lake by eliminating a non -code compliant septic system adjacent to the lake. UTILITIES SANITARY SEWER The entire subject property is located within sub - district OL 56240 of the Orchard Lake sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. A private sanitary sewer service will be extended by the parcel owner within the parcel from an existing public sanitary sewer line located on the south side of 185 Street at the subject property's driveway. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville /Farmington Interceptor and 11950185'" STREET JANUARY 26 T ", 2012 PAGE 2 OF 2 continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the proposed new home. WATERMAIN The subject property will include the extension of a private water service by the parcel owner from a public watermain located south of 185 Street at the subject parcel's driveway. RECOMMENDATION Engineering recommends approval of the comprehensive plan amendment subject to the comments within this report.