HomeMy Public PortalAbout11-2006Agenda Item No.
PLANNING REPORT
TO: Medina Planning Commission
FROM: Kendra Lindahl, Landform, through Rose Lorsung, City Planner
DATE: November 7, 2006 for the November 14, 2006 Planning Commission Meeting
RE:
Parkview Knoll. Preliminary Plat, Rezoning and Conditional Use Permit
Amendment for Alpine Farms on property located at 2182 Homestead Trail (PIN
20-1198-23-14-0002) (Landform File No. MED06019)
REVIEW DEADLINE: February 28, 2007
1. Application Request
The applicant has requested approval of a preliminary plat to subdivide the existing 73.62-acre
site to create two lots. The Alpine Farms commercial stable will remain on Lot 1 and Lot 2 will
be sold for a future home site. Lot 1 is proposed to be 50.19 acres and Lot 2 is proposed to be
21.82 acres in size. No development is proposed on Lot 2 at this time.
2. Context
Level of Discretion in Decision Making
The City has a relatively high level of discretion in approving or denying a rezoning application.
The proposed zoning for a property must be consistent with the City's Comprehensive Plan. If
the proposed zoning is not consistent with the Comprehensive Plan, the City must deny the
rezoning application. The Zoning Ordinance and Map are the enforcement tools used to
implement the goals and standards set in the Comprehensive Plan.
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the City must approve the preliminary plat.
The City's discretion in approving or denying a conditional use permit amendment is limited to
whether or not the change meets the standards outlined in the Zoning Ordinance. If it meets
these standards, the City must approve the conditional use permit amendment.
Zoning and Land Use
The property is located outside the MUSA and is zoned PUD RR-2 (Rural Residential) and
guided RR (Rural Residential). The surrounding properties to the north, east and south are also
all zoned and guided RR. The property to the west is Baker Park Reserve, is zoned Public/Semi-
Public (PS) and guided Park.
Beannact Farm Preliminary Plat Page 2
Prepared by Landform November 7, 2006
Background
The majority subject property is located within the Shoreland Overlay District for an unnamed
tributary stream. There is floodplain on the site that generally follows this tributary. A large
wetland complex is located in the center of the site and 4 other wetlands are located in the
northeast and northwest portions of the site. The southeast portion of the new Lot 2 is located in
a Non -Oak Mixed Hardwood Forest and a Maple & Basswood Forest. There are other areas of
Non -Oak Mixed Hardwood Forest scattered throughout the site. There are areas identified as
steep slopes on Lot 2. Homestead Trail (County Road 201) borders the site on the west and is
classified as a minor collector.
3. Analysis of Request
Preliminary Plat
The applicant is requesting approval of a preliminary plat to subdivide this 73.62-acre parcel to
create one 50.19-acre lot for the Alpine Farms horse facility and one 21.82-acre lot for sale as a
future home site.
Lot Size
According to the City's Zoning Ordinance, the parcels should be a minimum of 5 acres of
contiguous soils suitable for a standard sewage disposal system and Lot 1 (in the RR-2 district)
must be a minimum of 15 acres in size to operate the commercial horse facility. The current
total acreage is approximately 73.62 acres. The new lot sizes would be as follows:
Lot
Total Acres
Acres Contiguous Suitable
Soils
Lot 1
50.19
12.19
Lot 2
21.82
7.91
Staff finds the lot sizes to be consistent with ordinance requirements.
Shoreland
The majority of the property is located in the Shoreland Overlay District for an unnamed
tributary. This tributary runs through the site and generally follows the wetlands through the
site. Section 827 of the Medina City Code establishes the district with specific standards for
minimum lot size, impervious surface coverage, setbacks, etc. to protect public waters. These
standards may be more restrictive than the underlying zoning district standards, and the more
restrictive standards will apply.
The plans must be revised to clearly show the location of the tributary and identify the creek on
the plans. The plans must also identify the shoreland district boundary, which is measured 300
feet from the OHWL of the creek. The key standards are as follows:
Beannact Farm Preliminary Plat Page 3
Prepared by Landform November 7, 2006
• Structure setback from OHWL — 75 feet (minimum)
• Individual septic treatment area setback from OHWL — 75 feet (minimum)
• Maximum Impervious surface coverage per lot — 25%
The plans must also be revised to dimension the required shoreland setbacks on the plans. Staff
has included a condition requiring the plans to be revised to show compliance with these
conditions.
Floodplain
A portion of the property is located in Flood Zone A (the general flood plain district). The
floodplain area is shown on the plans and generally follows the creek. No work is proposed in
the flood plain, but the land owner would be subject to all ordinance requirements for any future
work in that area. Staff has included this as a recommended condition of approval.
Wetlands
The applicant received approval of a wetland delineation on October 13, 2006. This was to
determine the boundary line of the wetlands. No wetland fill is proposed at this time, but
wetland fill will be required when the driveway to Lot 2 is constructed in the future. Any
wetland fill would require permitting in compliance with the wetland conservation act (WCA).
Staff recommends that the applicant be required to provide drainage and utility easements over
the wetlands, ponding areas and drainageways. These items have been included as conditions of
approval.
Well and Septic
The preliminary plat identifies two possible septic sites per lot, as required. The ordinance
requires new septics to be a minimum of 75 feet from the OHWL (ordinary high water level) of
the creek. It appears that the existing septic on Lot 1 may not meet these setback requirements,
but because this septic was legally installed, it may remain as located. When the existing septic
is replaced, it must be sited in compliance with all ordinance requirements. The applicant has
shown an alternative site that would meet these requirements.
All septic sites must be staked prior to beginning construction on site. This has been included as
a condition of approval.
Wells must be located in compliance with state and local ordinances.
Access
The new lot is proposed as a "flag lot' with a driveway off Homestead Trail. The applicant has
shown dedication of a 50-foot lh right-of-way for Homestead Trail (County Road 2301), as
requested by Hennepin County.
Beannact Farm Preliminary Plat Page 4
Prepared by Landform November 7, 2006
Tree Preservation
The current Tree Preservation Ordinance, Section 828.41, requires that structures and homes be
located to preserve trees. The applicant has identified the significant trees on the plan and has
indicated that no significant trees will be removed. Additionally, the woodland areas are
generally proposed to be preserved as well. The plan is in compliance with the tree preservation
ordinance, but future development on the parcels will be reviewed for compliance with these
standards.
Park and Trail
Park dedication is required at a reasonable portion of the land, not to exceed 10% of the
buildable land area (gross land area minus wetlands). As there are no parks planned on or
adjacent to this site, the City may request cash -in -lieu of dedication at 8% of the value of the
land ($53,000 per acre) with a maximum rate of $8,000 per dwelling unit (1 x $8,000 = $8,000).
The Trail System Map in the Comprehensive Plan shows a no trails adjacent to the subject
property. However, there have been discussions about adding a trail in this location. If a trail is
desired, the City should acquire a 15-foot trail easement adjacent to the public right-of-way.
This trail easement would be credited towards the park dedication requirements.
The Parks Commission will review this item at their November 15th meeting and make a
recommendation to the City Council.
Rezoning
The applicant is requesting approval to rezone the new Lot 2 from RR-2 to RR. This is
consistent with the Comprehensive Plan, which guides this property Rural Residential. The RR-
2 (Rural Residential 2) zoning district is intended to "provide a zoning district which is the same
as the Rural Residential (RR), but which also permits commercial riding stables..."
The RR-2 district requires a minim lot size of 15 acres (including roads). Lot 2 is not intended
for a commercial riding stable and is not covered by the CUP for the riding stable; therefore,
staff recommends that it be zoned back to the underlying RR zoning district.
Conditional Use Permit Amendment
A conditional use permit amendment is requested to amend the conditional use permit (CUP) for
Alpine Farm to operate a commercial horse facility (Resolution 04-019). The amendment is
required because the parcel that was approved for the CUP will be reduced in size from 73.62
acres to 50.19 acres and will have a new legal description. The applicant has indicated that that
there are no changes requested to the previous approvals and that they are in compliance with the
previous approvals. The amendment is required only because the property boundaries are
changing.
Beannact Farm Preliminary Plat Page 5
Prepared by Landform November 7, 2006
4. Summary
Staff has reviewed the plan for consistency with the applicable standards outlined in the
Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. Staff noted in the staff
report the outstanding issues that must be addressed and have included conditions to address
these issues.
5. Recommendation
Staff recommends approval of the rezoning from PUD RR-2 to RR, Conditional Use Permit
Amendment and Preliminary Plat, subject to the following conditions:
1. Lot 1 shall be subject to all development standards in the RR-2 zoning district.
2. Lot 2 shall be subject to all development standards in the RR (Rural Residential) zoning
district.
3. No wetland fill or impact is approved at this time.
4. No floodplain fill or impact is approved at this time.
5. The landowner shall comply with the Wetland Conservation Act approval and all
standards.
6. Best Management Practices (BMPs) for erosion control shall be employed.
7. Approval is subject to the review and approval of the Minnehaha Creek Watershed
District.
8. Development within the plat is subject to the Shoreland Overlay District requirements
identified in Section 827 of the Medina City Code.
9. The impervious surface area calculations must be shown on the preliminary plat for Lot 1
and Lot 2.
10. The shoreland district boundary must be shown on the preliminary plat.
11. The required shoreland setbacks must be shown on the preliminary plat.
12. Development within the plat is subject to the Floodplain Management Ordinance
requirements identified in Section 826 of the Medina City Code.
13. The plat shall dedicate a public right-of-way for Homestead Trail as shown on the plans.
14. The applicant shall be required to obtain all necessary permits for the proposed driveways
from Hennepin County, as noted in the October 20, 2006 memo from the County.
Beannact Farm Preliminary Plat Page 6
Prepared by Landform November 7, 2006
15. The applicant shall comply with all City requirements as noted in the comments from the
City Engineer, dated November 2, 2006.
16. The applicant is subject to the standards in the tree preservation ordinance (Section
828.41 of the Medina City Code).
17. The application for final plat must be submitted to the City within 180 days of
preliminary plat approval or the preliminary plat shall be considered void, unless a
written request for time extension is submitted by the applicant and approved by the City
Council.
18. The application is subject to conditions set by the Park Commission for park dedication
and trail easements.
19. The application for building permits must include grading, drainage and erosion control
plans with each building plan submitted.
20. The Building Inspector must approve the soil percolation tests and septic system designs
prior issuance of building permits. Septic sites must be staked prior to beginning any
construction on site.
Conditional Use Permit Amendment
21. The Conditional Use Permit for Alpine Farms (Resolution 04-019) is hereby amended as
follows:
a. The conditional use permit to operate the horse facility shall apply only to the
50.19 acre parcel to be known as Lot 1, Block 1, Parkview Knoll.
b. Hard surface coverage on the lot shall not exceed 25 % of the lot as allowed by
the shoreland overlay district requirements.
c. The parcel is subject to all requirements of the Shoreland Overlay District
(Section 827 of the Medina City Code).
d. The parcel is to all requirements of the Floodplain Management Ordinance
(Section 826 of the Medina City Code).
e. City staff recommends that the landowner review the MPCA document "Applying
Manure in Sensitive Areas" and consider implementing the wetland separations
recommended by the MPCA.
f. The manure management plan shall be updated to reflect the new legal description
and new site boundaries of the subject property.
Attachments
1. Location Map
2. Site Graphics received October 13, 2006
3. Engineer Memo dated November 2, 2006
4. Hennepin County memo dated October 20, 2006
5. Applicant Narrative dated September 7, 2006
Location Map
Gary Kirt Property
2182 Homestead Trail
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0 600 1,200
Feet
2,400
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LANDFORM
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PROPERTY ADDRESS:
2182 HOMESTEAD TRAIL
MEDINA, MN 55366
PROPERTY IS ZONED PUD RR-2
TOTAL AREA e 73.25 +- AC.
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HARDCOVER CALCULATIONS :
1) Total area, not incl. right—of—way = 3,160,410 Sq. ft.
Structures = 55,425 Sq. ft.
Gravel driveway & parking = 75,220 Sq. ft.
Riding rings = 88,640 Sq. ft.
Paddock areas = 137,905 Sq, ft.
Manure storage area = 23,540 Sq., ft.
Septic mound areas = 19,000 Sq. ft
Total hardcover = 399,730 Sq, ft
399,730 / 3,160,410 x 100 = 12.65% (40% allowed)
2) Total area, not incl. right—of—way = 3,160,410
Structures = 55,425 Sq. ft.
Gravel driveway & parking = 75,22k
130,645 / 3,160,410 x 100 = 4.13% (10% allo
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That .part of the North half of the Northeost Quarter of Section 20, Township 118, Range 23, Hennepin County, Minnesota, de.;cribed as follows :
Beginning at the Southwest corner of said North half of the Northeast Quarter of Section 20; thence South 89 degrees 51 minutes 46 seconds
East (assumed basis for - bearings), along the South line of said North half of the Northeast Quarter a distance of 726.40 feet; thence North
:.2 degrees 19 minutes East, 131.80 feet; thence North 69 degrees 50 minutes West, 253.48 feet; thence South 74 degrees 59 minutes West
- 510.80 feet to a point in the West line of sold North half of the Northeast quarter; thence South 0 degrees 17 minutes 14 seconds West,
along said West line 85.00 feet to the point of beginning.
Subject to rights of the public for roadway purposes over the westerly 33 feet thereof.
ALSO
That .part of the South half of the Northeast Quarter, lying easterly of the centerline of the town road known as Homestead Trail, Section 20, Township 118,
Range 23, Hennepin County, Minnesota; EXCEPT that part of the South half of the Northeast Quarter, Section 20, Township 118, Range 23, Hennepin County,
Minnesota, described as follows: Commencing at the Southeast corner of said South half of the Northeost Quarter; thnece North 89 degrees 43 minutes 30
seconds West, assumed basis for bearings, along the South line of said Northeast Quarter, 1462.95 feet, to the point of beginning of the tract herein described;
thence North 36 degrees 20 minutes 30 seconds West, 214.00 feet; thence North 89 degrees 43 minutes 30 seconds West, 506.47 feet, more or less to the
centei line of Homestead Trail; thence southeasterly along said centerline to the South line of soid Northeast Quarter; thence South 89 degrees 43 minutes
30 seconds East, along said South line, 511.00 feet, more or less to the point of beginning.
o : denotes iron marker
—017— denotes existing contour lines, as shown on drawing by others
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the location of nine existing buildings, gravel driveway,
two Tiding rings, septic mound, and manure pile thereon. It does not purport to show any other Improvements or encroachments.
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LOT 1
9.98+- ACRES L22C2
2.21+- ACRES L37B
12.19+- ACRES TOTAL CONTIGUOUS ACCEPTABLE
LOT 2 •
5.67+- ACRES L41C2
2.24+- ACRES L40B
7.91+- ACRES TOTAL CONTIGUOUS ACCEPTABLE
SIGNIFICANT TREES
1. 10" CHERRY
2. 28" WHITE OAK
3. 28" WHITE OAK
4. 34" WHITE OAK
5. 30" WHITE OAK
6. 30" WHITE OAK
7. 10X10" CHERRY
8. 18" ELM
9. 14" ASH
10. 10" ELM
11. 10X10X10X10" ASH
12. 10" ASH
13. 12X14" ASH
14. 16" ELM
NOTE: N0 SIGNIFICANT TREES ARE TO BE AFFECTED BY PROPOSAL
SOIL LEGEND
L40B :'Angus -Kilkenny complex, 2 to 6 percent slopes
L25A :;Leseuer loam, 1 to 3 percent slopes
L36A :'Hamel overwosh-Home) complex. 1 to 4 percent slopes
L37B :•Angus loam, morainic, 2 to 5 percent slopes
L22C2: Lester loam, morainic, 6 to 12 percent slopes, eroded
L41C2: Lester -Kilkenny complex, 6 to 12 percent slopes, eroded
L49A Klossner soils, depressional, 0 to 1 percent slopes
L50A Houghton and Muskego soils, depressional, 0 to 1 percent slopes
PROPERTY ADDRESS:
2182 HOMESTEAD TRAIL
MEDINA, MN 55356
PROPERTY IS ZONED PUD RR-2
TOTAL' AREA = 73.62 ♦-AC.
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PARKVIEW KNOLL
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IN THE NE 1/4 OF SEC. 20-118-23
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ENN. 0\\TT4pONUMENT
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That port of the North half of the Northeast Quarter of Section 20, Township 118, Range 23, Hennepin County, Minnesota, described as follows
Beginning at the Southwest corner of soid North holf of the Northeast Quarter of Section 20; thence South 89 degrees 51 minutes 46 seconds
East (ossumed basis for bearings), olong the South line of said North half of the Northeast Quarter a distance of 726.40 feet; thence North
2 degrees 19 minutes East, 131.80 feet; thence North 69 degrees 50 minutes West, 253.48 feet; thence South 74 degrees 59 minutes West
510.80 feet to a point in the West line of said North holf of the Northeast Quarter; thence South 0 degrees 17 minutes 14 seconds West,
abng said West line 85.00 feet to the point of beginning.
Subject to rights of the public for roadway purposes over the westerly 33 feet thereof.
ALSO
That port of the South half of the Northeast Quarter, lying eosterly of the centerline of the town road known as Homestead Trail, Section 20, Township 118,
Range 23, Hennepin County, Minnesota; EXCEPT that port of the South holf of the Northeast Quarter, Section 20, Township 118, Range 23, Hennepin County,
Minnesota, described as follows: Commencing at the Southeast corner of said South half of the Northeast Quarter; thnece North 89 degrees 43 minutes 30
seconds West, assumed basis for bearings, along the South line of sold Northeast Quarter, 1462.95 feet• to the point of beginning of the tract herein described;
thence North 36 degrees 20 minutes 30 seconds West, 214.00 feet; thence North 89 degrees 43 minutes 30 seconds West, 506.47 feet, more or less to the
centerline of Homestead Troll; thence southeasterly along said centerline to the South line of said Northeast Quarter; thence South 89 degrees 43 minutes
30 seconds East, along said South line, 511.00 feet, more or less to the point of beginning.
o : denotes iron marker
17---- : denotes existing contour lines, as shown on drawing by others
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the location of nine existing buildings, gravel driveway,
two riding rings, septic mound, and manure pile thereon. It does not purport to show any other improvements or encroachments.
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Bonestroo
Rosene
AnderIlk &
Associates
Engineers & Architects
November 2, 2006
Ms. Kendra Lindahl
Principal Planner
C/O Landform
800C Butler Square
100 North 6`h Street
Minneapolis, Minnesota 55403
2335 West Highway 36 ■ St. Paul, MN 55113
Office: 651-636-4600 ■ Fax: 651-636-1311
www.bonestroo.com
Re: Gary Kirt
BRA File No. 000190-06000-1
Plat No. 395
Dear Kendra,
We have reviewed the revised preliminary plat for the proposed two lot subdivision at 2182 Homestead Trail, dated 10-11-
06. The site is located in the northeast quarter of Section 20. The plat proposes to subdivide a single parcel into two lots. It is
our understanding that the submitted improvements to Lot 2 will not take place with this subdivision and will be refined and
reviewed when submitted by a new owner. We have the following comments with regards to engineering matters that will
need to be addressed for Lot 2:
• Applicant should provide existing contours on Homestead Trail extending at least 400 feet south of the proposed
driveway access.
• Plans must be submitted to the Minnehaha Creek Watershed District for review and approval.
• Plans must be submitted to Hennepin County for review and approval of the proposed culvert and grading in the
County right-of-way.
• The proposed driveway contours do not agree with the profile near the following stations: 8+00, 10+50, and 21+90.
• It appears some proposed contours are missing to the south of the driveway between stations 9+00 and 10+50.
• We recommend that the proposed driveway grades not exceed 10%.
• Storm sewer calculations should be submitted for all culverts.
• See attached memo from John Smyth regarding wetland impacts.
If you have any questions please feel free to contact me at (651) 604-4894.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Darren Amundsen
Cc: Tom Kellogg
Bonestroo recently merged with DSU, bringing together some of the best regional talents in engineering, architecture, planning, landscape architecture,
and urban design. Our combined team now provides integrated services in one organization.
■ St. Paul, St. Cloud, Rochester, MN ■ Milwaukee, WI ■ Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
Memo
Bonestroo
MEINRosene
AnderIrk dt
IA Associates
Engineers 6 Architects
Project Name: Alpine Farms
To: Thomas Kellogg, PE - City Engineer
From: John Smyth, CWD - WCA Agent
Re: Preliminary Plat Wetland Review
Client: Medina
File No: 190-06-000
Date: 10/27/06
Remarks: A full review on wetland related issues will not begin until a Wetland Permit Application is
provided for this project. This should be submitted during the preliminary plat stage so it does not hold up the
platting of this property.
The plan shows the existing and proposed manure storage area within 20 feet of the wetland. The Minnesota
Pollution Control Agency (MPCA) document "Applying Manure in Sensitive Areas" recommends either a 300
foot separation from the manure storage to the wetland or a 50 foot separation if the 50 feet is vegetated in
native vegetation for filtration. It is recommended that the City require the manure storage areas follow the
MPCA guidance to protect the water quality of the on -site wetland.
Bonestroo, Rosene, Anderlik and Associates, Inc.
www.bonestroo.com
❑ St Paul Office:
2335 West Highway 36
St. Paul, MN 55113
Phone:651-636-4600
Fax:651-636-1311
❑ Milwaukee Office:
1516 West Mequon Road
Mequon, WI53092
Phone:262-241-4466
Fax: 262-241-4901
❑ Rochester Office:
112 7t Street NE
Rochester, MN 55906
Phone:507-282-2100
Fax:507-282-3100
❑ Willmar Office:
205 5th Street SW
Willmar, MN 56201
Phone:320-214-9557
Fax:320-214-9458
❑ St Cloud Office:
3721 23ra Street S
St. Cloud, MN 56301
Phone:320-251-4553
Fax:320-251-6252
❑ Grayslake Office:
888 East Belvidere Road
Grayslake, IL 60030
Phone:847-548-6774
Fax:847-548-6979
Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
Ms. Rose Lorsung, Planner
City of Medina
2052 Co. Rd. 24
Hamel, MN 55340
Re: Preliminary Plat — Gary Kirt
Co. Rd. 201, Southeast of CSAH 24
Section 20, Township 118, Range 23
Hennepin County Plat No. 3026A
Review and Recommendations
Dear Ms. Lorsrmg:
612-596-0300,Phone
763-478-4000,FAX
763-478-4030,TDD
www.hennepin.us
October 20, 2006
Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county
review of preliminary plats abutting county roads. We reviewed the above plat and offer the following
comments:
• Hennepin County Transportation commends the City and owner for acknowledging our prior
right of way comments and therefore finds the plat acceptable as submitted.
• Please inform the developer that all proposed construction within county right of way requires an
approved Hennepin County permit prior to beginning construction. This includes, but is not
limited to driveway and street access, drainage and utility constniction, trail development, and
landscaping. Appropriate forms can be obtained by contacting our Permits Section at (612) 596-
0336.
Please direct any response to Dave Zetterstrom at (612) 596-0355.
Sincerely,
James N. Grube, P.E.
Director of Transportation and County Engineer
DKZ/thn
Cc: Plat Review Committee — Byers / Drager / Holtz / Johnson / Lemke / Lindgren / Wiebe / Zetterstrom
Mark Larsen, Hennepin County Surveyor's Office
An Equal Opportunity Employer Recycled Paper
Page 1 of 2
To: Rose Lorsung , C,/
From: Gary Kirt
CC: S. Todd Rapp
Date: September 7,2006
Re Application for amendment of CUP granted by Resolution # 04-19 — 053-98620
Please accept this memorandum as a part of, and supplementary to, the application of Parkview
Equestrian, LLC d/b/a Alpine Farms for an amendment of the above -referenced CUP which was
transferred from Alpine Farms Inc. on or about April 6, 2006.
As you know, an application for preliminary plat approval is being submitted by Parkview
Equestrian,LLC , currently the owner of the Alpine Farm property to subdivide the real property
into two lots. The "new" lot is proposed along the east side of the property, and will be, if
approved as submitted, 21.84 acres in size. The balance of the parcel, consisting of 50.32 acres
will continue to operate as before as a "commercial horse facility." No change in the operation or
management of the facility is proposed.
We have reviewed the provisions of Medina City Code Section 826.26.1, and have communicated
with you concerning the City's expectations regarding an application to amend the CUP. We have
the understanding that, by reason of the fact the CUP was comprehensively reviewed and initially
approved as recently as April 6, 2004, and again reviewed in connection with the very recent
change in ownership, the City does not require detailed comment as to matters identified in
Section 826.26.1(2) which are unchanged or unaffected by the proposed subdivision of the parcel.
Consequently, responding to the matters set forth in Section 826.26.1(2) we advise you as
follows:
(a) Lot 1 of the proposed subdivision, containing all of the current improvements situated on
the existing parcel, will remain subject to the CUP and operate, henceforth, as the "facility." Lot 2
of the proposed subdivision will not remain subject to the CUP, but will be (upon subdivision
approval) a buildable single family lot. Lot 1 (hereafter the "Amended Facility") is 50.12 acres in
size, well above the 15 acre minimum size.
(b) Under the current CUP, the existing facility is approved for a maximum of 90 horses. No
change to the approved number of horses is proposed; under the applicable provisions of Section
826.26.1(2), with a parcel size of 50.12 acres, more than 90 horses would be permissible.
(c) The certificate of survey submitted along with the application for preliminary plat approval
indicates that there is a total "hard -surface" area of 399,730 square feet, all of which is located on
the proposed Amended Facility. The overall size of the Amended Facility is 50.12 acres, and thus
the hard surface "coverage" is approximately 18.3 %, well within the ordinance minimum.
oi1i')nn�
Page 2 of 2
With respect to the requirements set forth in Subsections (d) through (t) of Section 826.26.1(2), the
applicant proposed no changes to the current facility and it is our understanding that the City has
adequate information based on recent review(s) to confirm that the Amended Facility conforms to
the ordinance standards referenced.
In addition to the requirements of Section 826.26.1(2), please be advised that the applicant
proposes no revisions or amendment to the terms and conditions of the CUP authorized by
Resolution 04-19. Indeed, except with respect to the severance of proposed Lot 2 of the
subdivision from the CUP, no change at all is proposed.
ni�innnir.
MEMORANDUM
TO:
FROM:
DATE OF MEETING:
SUBJECT:
Planning Commission
Rose Lorsung, City Planner through Chad Adams, City
Administrator
November 14, 2006
United Properties Concept Plan Review: Ferrelgas Site (UH)
1. DESCRIPTION OF REQUEST:
United Properties has requested a Concept Plan for commercial redevelopment of the Ferrelgas
site on Sioux Dr. and Trunk Highway 55 (see attached map). The plan shows three buildings on
the site with the specific use of a bank as one of the buildings. The other two uses would be a
single user retail/restaurant with a drive-thru and another stand alone multi -tenant retail building.
The property is zoned UH Uptown Hamel and also guided as such. There are strict provisions,
in the Medina Zoning Ordinance Section 834 for the district as well as the Floodplain and
Shoreland Overlay Districts, sections 826.74 and 827 respectively. The Uptown Hamel district
doesn't require a Concept Plan but encourages one as this area of the City has special
requirements and is being master planned. A formal Site Plan review is what is technically
required for a development in the Uptown Hamel district.
2. SITE DESCRIPTION:
The properties to the south and east have Uptown Hamel zoning, the few properties to the west
are Urban Commercial and directly north is Trunk Highway 55 and the PUD-UC retail districts,
see map below.
Legend
=City Border
- Hennepn Comb/ Streets
Current Zoning
ZONING
- IP
BP
- 11C
Pl1D-l1C
A
- RCH
® Pl1D
- UH
- MR
lR
SR
▪ PUD-SFR
P11D1
P11D2
RR
RR1
Pl1D RR-2
RR-UR
AG
SL
PS
ROW-E
Hennepn Catnly Parcels Jan 2005
United Properties
1
Ferrelgas Redevelopment Concept Plan
4. SITE AERIAL:
5. REVIEW:
Due to the zoning district and special needs of each site in this area, staff has put together a more
detailed review of the Concept Plan:
A. Zoning District Site Specifics:
a. Drive-Thru-
i. The UH Zoning requires that the driveway for a drive-thru business not be
located within 100 feet of an improved intersecting street, 300 feet of
Highway 55 and 100 feet of the railroad track. This applicant can't meet
any of those requirements. The City's Development Review Committee
reviewed the ordinance for this site and can't seem to understand why that
requirement was put in place due to the effect on the few parcels this
would pertain to including this site. Placing those requirements on the
property renders it useless. Nevertheless, each infraction would require a
variance.
b. CUP-
i. The UH Zoning requires a Conditional Use Permit for a drive-thru, and
this site is proposing two.
United Properties 2 Ferrelgas Redevelopment Concept Plan
B. Transportation Needs:
a. History-
i. The site is a bit challenging with respect to transportation. The City has
been studying the intersection of Highway 55 and 101 (Sioux on south
side) as well as the implementation of the signal and frontage road just
west of the site for the Target development. This site in nestled between
the railroad on the south and the highway on the north which will require
careful consideration for the future traffic needs of the area.
b. Frontage Road-
i. The City did route MnDOT the plans to try and get some early feedback
but hasn't heard an comments yet. Early discussions are leaning toward
the connection of the recently -implemented frontage road just west of the
site with a connection over the Highway 55 site and through this site
connecting with Sioux Dr. The frontage road connection through the
neighboring property will require an easement or ROW.
c. Turning Movements/Sioux Improvements-
i. The location of the entrance on Sioux will require a close look at the
proximity to the intersection and railroad as well as both southbound and
northbound traffic turning movements. The site will need to be modified
to accommodate the additional turning lanes needed to make the site work.
This ROW needed will need to come from the western border of the
property. Because of this requirement and the City road through the site,
the City will require the developer to plat the property. The developer
may also have to provide some traffic counts at the intersection and for
movement north and south on Sioux for peak times.
ii. The City is also in the process of studying the intersection of Sioux Dr.
and Highway 55 and has entertained the idea of a pedestrian bridge.
Preliminary ideas have been routed to review agencies for consideration
which may or may not affect the design of this site. The City will have
more information early next year.
d. Internal Site Traffic Flow-
i. The drive-thru lanes should be 20 feet wide with a bypass lane, each
striped one-way. The movement around the bank drive-thru is also
problematic. The Fire Marshal has reviewed the plans and also agrees that
the site will have to be designed to meet the needs of the fire department
for maneuvering in the site.
e. Survey Requirements-
i. With the next submittal, the City will require that the survey boundaries
are updated to include additional property to 100 feet west of the easterly
frontage road curbcut and east and south of the site out 100 feet to
consider the Sioux improvements.
United Properties 3 Ferrelgas Redevelopment Concept Plan
C. Engineering:
a. Grading/Drainage/Wetlands-
i. The City will require full engineering plans, geotechnical reports, drainage
calculations and wetland delineation. With the recent work near Elm
Creek (runs through the north part of the property), the City has specific
information about the elevations and Ordinary High Water Mark of the
creek and surrounding area. The developer should obtain this information
and incorporate it into the next submittal.
ii. Best Management Practices and Low Impact Development principles
should be used throughout this site. The area is sensitive due to the
impairment of Elm Creek. The Elm Creek Watershed District and DNR
have provided some early comments on the proposed development, see
attached.
D. Shoreland Overlay/Floodplain:
a. Additional Variances-
i. The total amount of impervious surfaces allowed on this site according to
the Shoreland Overlay District is 25%. This is very difficult to meet for
commercial properties, especially those in Uptown Hamel that allow 90%
impervious. The current conditions are nearly all impervious and the
developer is showing around 60% with the current site plan which would
be an improvement. This is likely to change with the next review but is an
improvement to the site, nevertheless, as with the setbacks, this will
require a variance.
ii. The second variance out of the Shoreland Overlay District is the setback
from Elm Creek. This is critical due to the status of the creek. The
setback is 50 feet for structures. The applicant can't meet that with this
site plan so that will also require the final variance.
E. Other:
a. Met Council Easement-
i. There is a Met Council easement through the property on the north side
for the Elm Creek Interceptor. The Met Council will be providing some
comments on the improvements in this area and a separate agreement may
need to be obtained to allow for parking, retaining walls, etc.
b. Uptown Hamel Sign-
i. The City has been trying for quite some time to locate an appropriate area
for a wayfinding sign for Uptown Hamel. The developer and the City
have discussed a cooperative effort for this initiative and have focused on
the northeast corner of the site. This is the best location for this sign due
to the sight line and visibility concerns. The City looks forward to
working with the developer to resolve this issue if possible.
c. Miscellaneous-
i. Some other general site design items and missing details are as follows:
1. Trash Enclosure: requirement of inside the building or in a
completely screened area with conditions.
United Properties 4 Ferrelgas Redevelopment Concept Plan
2. Plaza: with the retail use, the City will encourage decorated
outdoor plazas, water features, landscaping etc.
3. Architecture: Uptown Hamel has strict design guidelines for
materials and placement of buildings. This is a gateway project for
the unique area and therefore will need to set a high standard for
quality.
4. On -Street Parking: as described in the memo provided by
Landform, this would be a plus for the area.
5. Loading: this area should be identified on the next site plan.
6. Sidewalk: the City may wish to explore a future sidewalk
connection from Sioux through this site to the future
redevelopment commercial properties to the immediate west.
7. Building Orientation: this may need to be revised to meet the
zoning requirements of buildings to the front of the property. The
bank drive-thru is the main concern with respect to location.
8. Drive-Thru Stacking: this may need to be addressed, appears to be
tight.
4. RECOMMENDATION:
Staff recommends that the Planning Commission review this project strictly under the
Concept Plan rules, which is a non -binding review of the project. This review should be
detailed due to the unique needs of the area.
ATTACHMENTS:
1. Aerial of Site
2. Site Plans
3. Notice Map
4. Landform memo dated 10-12-06
5. Elm Creek Watershed District memo dated 10-25-06
6. DNR email dated 10-26-06
7. Bonestroo memo dated 10-26-06
United Properties 5 Ferrelgas Redevelopment Concept Plan
CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY November 14, 2006
7:00 P.M.
MEDINA CITY HALL
1. Call to Order
2. Public Comments
3. Update from City Council proceedings
4. City Planner's Report
5. Approval of October 10, 2006 Planning Commission minutes
6. Rising Sun Memorial Park Site Plan & Conditional Use Permit: 3365 State
Highway 55 (Public Hearing)
7. United Properties Ferrell Gas Redevelopment Concept Plan: 3575 Sioux
Drive (Public Hearing)
8. Bazinet/Otten & Dalbec Preliminary Plat: 3003 Hamel (Public Hearing)
9. Gary Kirt/Alpine Farms Preliminary Plat and Conditional Use Permit
Amendment: 2182 Homestead Trail (Public Hearing)
10. Adjourn
Posted in City Hall November 3, 2006
Agenda Item No.
PLANNING REPORT
TO: Medina Planning Commission
FROM: Kendra Lindahl, Landform, through Rose Lorsung, City Planner
DATE: November 7, 2006 for the November 14, 2006 Planning Commission Meeting
RE:
Beannact Farm. Preliminary Plat for Bazinet, Otten and Dalbec on properties
located at 3003 and 3085 Hamel Road (PIN 16-118-23-22-0004 and PIN 16-118-
23-21-003) (Landform File No. MED06024)
REVIEW DEADLINE: February 7, 2007
1. Application Request
The applicant has requested approval of a preliminary plat to subdivide two existing lots for the
purpose of creating three lots on this site. The total area is 42.89 acres in size and is located at
3003 and 3085 Hamel Road. The two existing homes will remain on Lots 1 and 2. Lot 3 will be
created for a future home site. The proposed properties are 15.01, 16.99 and 10.12 acres in size,
respectively.
2. Context
Level of Discretion in Decision Making
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the City must approve the preliminary plat.
Zoning and Land Use
The property is located outside the MUSA and is zoned RR (Rural Residential) and guided RR
(Rural Residential). The surrounding properties are also all zoned and guided RR.
Background
The majority subject property is located within the Shoreland Overlay District for School Lake
and there is Floodplain adjacent to the lake. The southwest portion of the new Lot 2 is located in
a Non -Oak Mixed Hardwood Forest. The wooded areas should be clearly shown on the existing
conditions map. There are 2 small wetlands on site and the edge of School Lake is also defined
as wetland. There are some steep slopes on site (as much as 23%)--the high point of the site is at
the existing home on Lot 1 and falls away toward the road to the north and School Lake to the
east. Hamel Road, which borders the property to the north, is classified as a major collector.
Beannact Farm Preliminary Plat
Prepared by Landform
Page 2
November 7, 2006
3. Analysis of Request
Preliminary Plat
The applicant is requesting approval of a preliminary plat to allow the creation of a total of 3 lots
from two existing lots.
Lot Size
According to the City's Zoning Ordinance, the parcels should be a minimum of 5 acres of
contiguous soils suitable for a standard sewage disposal system. The current total acreage is
approximately 42.89 acres. The new lot sizes would be as follows:
Lot
Total Acres
Acres Contiguous Suitable
Soils
Lot 1
15.01
12.41
Lot 2
16.99
7.00
Lot 3
10.12
5.01
Staff finds the lot sizes to be consistent with ordinance requirements.
Well and Septic
The preliminary plat identifies two possible septic sites per lot, as required. The existing septic
system on Lot 2 has been inspected and is in compliance with MPCA Rule 7080; however, it is a
legal non -conforming system due to the shoreland setbacks. The ordinance requires new septics
to be a minimum of 150 feet from the OHWL (ordinary high water level) of School Lake, but the
existing septic is only 110 feet from the lake. Because this septic was legally installed prior to
the adoption of the shoreland ordinance requirements, it may remain as located. When the
existing septic is replaced, it must be sited in compliance with all ordinance requirements. The
applicant has shown 2 alternative sites that would meet these requirements.
All septic sites must be staked prior to beginning construction on site. This has been included as
a condition of approval.
Wells must be located in compliance with state and local ordinances.
Access
The 3 lots are proposed to be served individual driveways off Hamel Road. The City
recommends that the developer dedicate a minimum of 33 feet for a 1/2 right-of-way for Hamel
Road. Staff has discussed this issue with the applicant's surveyor and noted that each lot must
continue to have a minimum of 5 acres of contiguous suitable soils after dedication of the public
right-of-way. The surveyor indicates that the lot areas shown reflect this 33-foot 1/2 right-of-way.
Beannact Farm Preliminary Plat Page 3
Prepared by Landform November 7, 2006
Hennepin County has reviewed the plat and recommends dedication of a 50-foot1/2 right-of-way
for Hamel Road. Staff notes that while the County has requested dedication of the 50-foot 1/2
right-of-way for other recent subdivisions, the City Council has not required it.
The plans must clearly dimension and identify the new public right-of-way. The area of the
right-of-way may not be included in the area of the lots. According to the survey, the lots all
comply with the 5 acres of contiguous soils requirement with at 33-foot1/2 right-of-way.
Natural Characteristics of the Site
The total site is roughly 42.89 acres in size. According to the City of Medina's Woodlands and
Biologically Significant Areas Map, the southwest portion of the new Lot 2 is located in a Non -
Oak Mixed Hardwood Forest.
Tree Preservation
The current Tree Preservation Ordinance, Section 828.41, requires that structures and homes be
located to preserve trees. The applicant has identified the significant trees on the plan and has
indicated that no significant trees will be removed. Additionally, the woodland areas are
generally proposed to be preserved as well; however, the plans shall be revised to show the
boundaries on all sides of the wooded areas. The wooded area in the center of Lot 2 is not
defined on all boundaries. The plan is in compliance with the tree preservation ordinance.
Shoreland
The majority of the property is located in the Shoreland Overlay District for School Lake. The
district establishes specific standards for minimum lot size, impervious surface coverage,
setbacks, etc. to protect public waters. The proposal complies with all setback and minimum lot
size requirements. As noted earlier, the existing septic system on Lot 2 is a legal, non-
conforming structure by reason of setback. The septic may remain in the current location, but
when it is replaced, it would be subject to the shoreland setbacks for placement. Staff finds that
the proposal is consistent with the shoreland standards.
Floodplain
The southeast corner of the property is located in Flood Zone A (the general flood plain district).
No work is proposed in the flood plain, but the land owner would be subject to all ordinance
requirements for any future work in that area. Staff has included this as a recommended
condition of approval.
Wetlands
The applicant received approval of a wetland delineation on September 8, 2006. This was to
determine the boundary line of the wetlands. No wetland fill is proposed. Staff recommends
that the applicant be required to provide drainage and utility easements over the wetlands,
ponding areas and drainageways. This is included as a condition of approval.
Beannact Farm Preliminary Plat Page 4
Prepared by Landform November 7, 2006
Park and Trail
Park dedication is required at a reasonable portion of the land, not to exceed 10% of the
buildable land area (gross land area minus wetlands). As there are no parks planned on or
adjacent to this site, the City may request cash -in -lieu of dedication at 8% of the value of the
land ($51,000 per acre) with a maximum rate of $8,000 per dwelling unit (1 x $8,000 = $8,000).
The Trail System Map in the Comprehensive Plan shows a County Trail proposed on Hamel
Road (CSAH 15). The applicant should dedicate a 15-foot wide trail easement adjacent to the
Hamel Road 33-foot1/2 right-of-way proposed to be dedicated with this plat. This trail easement
would be credited towards their park dedication requirements.
The Parks Commission will review this item at their November 15t1i meeting and make a
recommendation to the City Council.
4. Summary
Staff finds that the proposed preliminary plat complies with ordinance requirements.
5. Recommendation
Staff recommends approval of the preliminary plat, subject to the following conditions:
1. The development is subject to all development standards in the RR (Rural Residential)
zoning district.
2. The landowner shall comply with the Wetland Conservation Act approval.
3. Best Management Practices (BMPs) for erosion control shall be employed.
4. Approval is subject to the review and approval of the Minnehaha Creek Watershed
District.
5. Development within the plat is subject to the Shoreland Overlay District requirements
identified in Section 827 of the Medina City Code.
6. Development within the plat is subject to the Floodplain Management Ordinance
requirements identified in Section 826 of the Medina City Code.
7. The plat shall dedicate a minimum 33-foot1/2 right-of-way for Hamel Road.
8. The applicant shall be required to obtain all necessary permits for the proposed driveways
from Hennepin County, as noted in the August 17, 2006 memo from the County.
Beannact Farm Preliminary Plat Page 5
Prepared by Landform November 7, 2006
9. The plat shall be revised to identify drainage and utility easements over all ponding areas,
drainageways and wetlands, including the existing pond on Lot 1.
10. The applicant shall comply with all City requirements as noted in the comments from the
City Engineer, dated October 18, 2006.
11. The applicant is subject to the standards in the tree preservation ordinance (Section
828.41 of the Medina City Code).
12. The application for final plat must be submitted to the City within 180 days of
preliminary plat approval or the preliminary plat shall be considered void, unless a
written request for time extension is submitted by the applicant and approved by the City
Council.
13. The application is subject to conditions set by the Park Commission for park dedication
and trail easements.
14. The application for building permits must include grading, drainage and erosion control
plans with each building plan submitted.
15. The Building Inspector must approve the soil percolation tests and septic system designs
prior issuance of building permits. Septic sites must be staked prior to beginning any
construction on site.
Attachments
1. Location Map
2. Preliminary Plat and Survey dated October 10, 2006
3. Hennepin County Memo dated August 17, 2006
4. Engineer Memo dated October 18, 2006
Location Map
Bazinet/Otten Property
3003 and 2085 Hamel Road
0 900 1,800
Feet
3,600
AIL
��
LANDFORNI
MINNERPOL3S•PHOEN3X
CERTIFICATE OF SURVEY AND EXISTING CONDITIONS FOR
CHERYL K. BAZINET, DOUGLAS OTTEN,
AND DAVID J. & DEBRA A. DALBEC
OF LOT 3, BLOCK 1, JACK RUSSELL RIDGE
& THE NW 1/4 OF SEC. 16-116-23
HENNEPIN COUNTY, MINNESOTA
LEGAL DESCRIPTION OF PREMISES
That pars of the Northeast quarter of the Northwest quarter of Section 16,
Township 118 North, Range 23 West of the 5th Principle Meridian, lying Westerly
f the East 328 feet of said Northeast quarter of the Northwest quarter.
(BAZINET/OTTEN PARCEL)
ALSO:
Lot 3, Block 1, JACK RUSSELL RIDGE
(DALBEC
tlenotes Iron marker
(908.3) denotes existing spot elevation, mean sea level datum
A1Z_ — denotes existing contour line, mean sea level datum
Bearings shown are based on assumed datum.
This survey shows the boundaries of the above described property, and
the location of existing buildings thereon. It does
not purport to show any other improvements or encroachments.
AREA IN DALBEC PARCEL
= 11.98+- ACRES
AREA IN BAZINET/OTTEN PARCEL
= 30.91+- ACRES
INCLUDING ROAD
ZONING DISTRICT = RURAL RESIDENTIAL
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