Consent - Sheila Sellman, City Planner
Title
Title
Granting Final Plat Approval to Subdivide Two Lots and One Outlot into Two Lots to be Known as Perry Heathfield Preserve at 11511 7th Street NE. Lake & Land Surveying, Inc. (Case File No. 22-0063/EES)
end
Executive Summary
The proposed final plat splits ownership of an existing outlot between the owners of adjacent properties and combines the land with the parcels. The final plat is consistent with the approved preliminary plat and staff recommends approval.
Schedule of Actions
|
Planning Commission Public Hearing |
07/12/22 |
|
City Council (Preliminary Plat) |
08/01/22 |
|
City Council (Final Plat) |
10/03/22 |
|
Action Deadline |
11/06/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist and Teresa Barnes, Project Engineer
Section 74-81 General Requirements:
1. The Planning Commission and the Council, in their review of the preliminary plat, will consider the requirements of the community, the best use of the land being subdivided, the size and arrangement of the proposed lots, open space requirements, and necessary fire protection.
2. The subdivision shall conform to the adopted comprehensive plan, official maps, and the zoning ordinance.
3. The arrangement, character, extent, width and location of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to water supply, and sewage disposal, to drainage of stormwater, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets. Wherever possible and necessary, the arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining areas. Where adjoining unsubdivided areas may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations.
The final plat is consistent with the approved preliminary plat, Resolution No. 22-127.
Zoning
The subject properties are zoned R-1 (Single Family).
Land Use Designation
The subject properties are guided LDR (Low Density Residential), which requires a density of 2.5 - 6 units per acre. The proposed subdivision is not a new development and is instead a reconfiguration of the 1963 subdivision that created the existing outlot to split ownership of the existing outlot along the ditch line. Therefore, the density of the plat proposed at this time does not need to be reviewed to ensure conformance with the Comprehensive Plan.
Surrounding Zoning and Land Uses
The properties to the west are zoned R-4 (Mobile Home) and guided MHR (Mobile Home Residential), which is consistent with the existing use (Park of Four Seasons). All other neighboring properties are zoned R-1 and guided LDR.
Existing Conditions
The subject properties consist of two single family lots, each with single family homes and sheds, and an outlot located between the two lots. The outlot primarily consists of a portion of Sand Creek and associated floodplain.
History
The lot located at 11391 President Drive NE (southern parcel) and the outlot were platted in 1963 as part of Donnays Oak Park 12th Addition. Staff have reviewed the files from the subdivision and no explanation was found for why the outlot was platted as an outlot and not combined with the neighboring lots. The parcel located at 11511 7th Street NE (northern parcel) was platted in 1984 as part of Oak Park Estates.
Evaluation of Request
Plat
The proposed plat replats the existing lots and outlot to combine the northern half of the outlot with the northern parcel and the southern half of the outlot with the southern parcel (with the split occurring at the ditch line). This will allow for the properties to be sold with the portions of the outlot that have been understood by the property owners to be part of each property included in the sale. This will also allow for fences and sheds to be located in the area currently platted as outlot. No site work or construction is proposed as part of this plat.
Setbacks and Code Compliance
The existing homes and garages meet required setbacks at this time and the proposed plat will not change that. The driveway located on the northern property encroaches approximately 4.5 feet into the neighboring property to the west. The driveway on the southern property is meeting a 1.75-foot setback on the southern edge of the property. Both driveways must be modified to be located on the subject properties and meeting a 3-foot setback prior to release of mylars for recording.
Both properties currently have four accessory buildings, with two of the buildings on each property located on their portion of the outlot. The R-1 code allows for two accessory buildings with the opportunity to apply for a conditional use permit for more than two accessory buildings. Staff advised the applicant of this requirement and indicated that the additional accessory buildings would need to be removed prior to recording of the plat unless a CUP was obtained. The applicant declined to apply for the CUP, therefore two accessory buildings must be removed from each property. If either property owner wishes to pursue a CUP in the future, they may do so and the mylars could be released for recording when the property is brought into compliance with the permit. Please note that staff would likely only recommend approval of a CUP to allow for a total of three accessory buildings per lot (consistent with previously granted CUPs) but the property owners may apply to keep four if they choose.
Park Dedication
Park dedication was paid when each lot was platted. No additional park dedication is due.
Grading/Storm Drainage
Given that no construction is proposed for this preliminary plat, the existing grading and drainage patterns will be maintained.
Utilities
Given that no construction is proposed for this preliminary plat, no additional utilities will be required.
Wetlands/Watershed
Given that no construction is proposed for this preliminary plat, no wetlands will be altered, and no watershed review would be required.
Access/Street Design/Sidewalks
Given that no construction is proposed for this preliminary plat, no additional access, street design or sidewalks will be required. Existing driveways will be required to be modified to be brought into compliance.
Easements/Right-of-Way/Permits
The plat will dedicate a 100-foot drainage and utility easement over Anoka County Ditch No. 39. The plat will also dedicate drainage and utility easements to provide for the existing storm sewer outlets to drain to the ditch. Both drainage and utility easements have been depicted on the final plat.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the preliminary plat. One resident spoke at the public hearing asking if any new development was proposed or if trees will be removed. Staff confirmed that there is no development proposed nor tree removal.
The Planning Commission does not review final plats.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing on the preliminary plat were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
4. Posted (sign) on the property with contact information for the Planning Department.
Notifications are not required for final plats.
Staff Recommendation
By motion, approve the Resolution.
Attachment List
Zoning and Location Map
Final Plat
Body
WHEREAS, an application has been filed by Eugene and Gloria Perry as Case File No. 22-0063 for a final plat known as Perry Heathfield Preserve; and
WHEREAS, said case involves the division of land in Anoka County, Minnesota, described as follows:
Lot 11 Block 2 Oak Park Estates
AND
Outlot 3, Donnays Oak Park 12th
AND
Lot 51, Block 6, Donnays Oak Park 12th
WHEREAS, the Blaine City Council granted preliminary plat approval on August 1, 2022, subject to the conditions as contained in Blaine City Council Resolution No. 22-127; and
WHEREAS, the final plat is in general conformance with the approved preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that final plat approval for Perry Heathfield Preserve per Section 74-43 of the subdivision regulations is hereby granted subject to the listed conditions. NOW, THEREFORE, BE IT FURTHER RESOLVED The Mayor, City Clerk and City Manager are hereby authorized to execute any and all necessary documents, agreement and releases related to the approval, recording or administration of Perry Heathfield Preserve.
1. The applicant is responsible for recording plat mylars with Anoka County. Proof of recording must be provided prior to issuance of building permits.
2. The driveways associated with both existing lots to be modified to be located entirely on the respective properties and meet 3-foot side yard setbacks prior to release of mylars for recording.
3. Accessory buildings exceeding the two allowed per property in the R-1 (Single Family) zoning district shall be removed prior to release of mylars for recording. If the property owners obtain a Conditional Use Permit (CUP) to allow for additional accessory buildings, additional accessory buildings as permitted by the CUP may remain.
4. The applicant is responsible for recording the plat mylars with Anoka County.
PASSED by the City Council of the City of Blaine this 3rd day of October, 2022.