PLANNING REPORT CITY OF EAGAN REPORT DATE: August 16, 2017 CASE: 36-PS-03-04-17 APPLICANT: Janet Manley HEARING DATE: PROPERTY OWNER: Janet Manley APPLICATION DATE: July 19, 2017 REQUEST: Rezoning and Prelim. Subdivision PREPARED BY: Pamela Dudziak LOCATION: West of Brooklyn Lane and east of Hwy.3 bordering on Rosemount COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from Agricultural to R-1S, Residential Single Small Lot District, and a Preliminary Subdivision to create ten lots upon 3.9 acres, including a Variance to maximum cul-de-sac length, for property located west of Brooklyn Lane, east of Hwy. 3 (S. Robert Trail) and bordering on Rosemount to the south AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:
Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code.
Page 3 M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Variance: City Code Chapter 13, Section 13.40, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. BACKGROUND/HISTORY The property is vacant and unplatted. The adjacent twin home development to the east was developed in 2005. EXISTING CONDITIONS The site consists of two unplatted parcels. Access to the property is currently available through adjacent property to the south in Rosemount which is in the same ownership. The property abuts Brooklyn Lane to the east, and is adjacent to the West End Gun Club to the north.
Page 4 There is an existing accessory structure and driveway that encroaches into the site from the south. Prior to Final Subdivision, these encroachments should be removed. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North West End Gun Club P, Parks REC, Private Recreation East Residential Twin Homes PD, Planned Development LD, Low Density South Single-family; Vacant/Agricultural (Rosemount) Rural Residential; Agricultural Preserve Rural Residential West Railroad and Hwy. 3 Right-Of-Way Right-of-Way EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to develop the property with ten singlefamily homes consistent with the proposed R-1S zoning district. According to the applicant, R- 1S is the most feasible use of the land because of the surrounding uses. Compatibility with Surrounding Area The property is guided for Low Density residential development. The surrounding area is developed with rural residential to the south within Rosemount, and low density residential twin-homes and single-family homes to the east. To the west is a railroad and state highway, and to the north is the West End Gun Club. The Shooting Range Protection Act initially adopted by the State legislature in 2005 and subsequently amended, does not allow new development within 750 feet of the gun club property that would cause the range to no longer be in compliance with the performance and noise standards in State Statutes. The entire development site is within 750 feet of the Gun Club property to the north. Therefore, the applicant should demonstrate that the proposed development would not cause the Gun Club to become out of compliance. In addition, because of the proximity of the development site to the West End Gun Club, the developer should establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. Airport Noise Considerations The property lies outside of the Airport Noise Zones.
Page 5 Noise Abatement The site is adjacent to a railroad and State highway to the west, as well as the gun club to the north, all of which will expose the proposed residential neighborhood to noise that at times may exceed State noise standards. Chapter 13.20, Subd. 15 states Where a plat is located along a freeway, major arterial or other area which generates high volumes of noise, the subdivider shall be required to prepare a plan to provide noise abatement. Said plan shall provide for noise abatement through architectural site design, the construction of earth berms, dense vegetation, walls, or the combination thereof or similar means which shall be reviewed and approved by the City. Such barriers shall be constructed in accordance with PCA standards for the appropriate land use. The applicant has not provided a noise abatement plan. A row of evergreen trees is proposed along much of the western boundary of Lot 1, and existing vegetation is proposed to remain along the western boundary of Lot 2. The effectiveness of the vegetative buffer in abating traffic and railroad noise is questionable. Given the proximity to a railroad and Hwy. 3, as well as the gun club to the north, it would be appropriate to employ noise reduction construction techniques for the new single-family homes similar to what is utilized in areas subject to airport noise. Thus, architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dba for all lots. Lots and Density The proposed subdivision creates 10 single family lots consistent with R-1S standards. The R-1S zoning district requires a minimum lot size of 8,000 sf, with a minimum lot width of 65 at the front setback line and 50 of public street frontage. Lots 3-10 range from 8,784 sf to 15,096 sf. Lots 1 and 2 are 21,294 sf and 22,733 sf respectively. The proposed ten lots on 3.9 acres result in a gross density of 2.6 units per acre; net density excluding right-of-way is 3.24 units/acre. Both gross and net density measures are consistent with the Low Density land use designation. Setbacks - The R-1S zoning district establishes a minimum setback of 30 for the front yard, and 15 for the rear yard. In side yards, a minimum setback of 6 is required for the house and 5 for the garage. Lots 1 and 2 abut a railroad right-of-way, which similar to a street right-of-way, requires a 30 setback. Grading/ Topography Portions of the site have been previously graded, and there are wooded areas with mature trees along the northwestern edge and central portions of the site. The site currently drains to the north with elevations ranging from 962 to 946. The entire site will need to be graded to prepare the site for development. The preliminary grading plan is acceptable, with modifications. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current
Page 6 Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. The applicant should provide a minimum of 15-foot-wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street-edge to all stormwater facilities inlets/outlets. The unobstructed equipment access path should be capable of supporting typical maintenance/excavation equipment, for periodic maintenance access to the pond and infiltration basin. Storm Drainage The preliminary storm drainage plan requires modification. The entire site lies within Drainage District L1 (as designated in the City Storm Water Management Plan 2007), and generally flows to the north. Storm water runoff from the development is shown to drain via an on-site storm sewer system to one of two proposed infiltration basins at either the northwest or northeast corners of the site. The basin in the northeast corner is proposed to be connected to City Pond LP-23.1 via a new storm sewer system within the west boulevard of Brooklyn Lane. The basin in the northwest corner of the site is shown to discharge overland into the ditch along the eastern edge of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way, to the east of Hwy. 3, and then run along the railroad to the north where it would enter City Pond LP- 23. However, it is not apparent how the drainage will run along the railroad tracks as the grade of this entire area drains to the northeast through the West End Gun Club property. The drainage from the western portion of the site should be modified in a manner acceptable to the City Engineer. Examples of acceptable modifications include re-designing the basin outlet so all runoff is contained entirely within the railroad right-of-way; enlarging the basin to contain backto-back 1% stormwater events; re-routing the drainage to the eastern basin and re-sizing the basin as necessary; or acquiring the appropriate drainage and utility easements from the West End Gun Club where drainage would cross their property. Any drainage within the Hwy. 3 or railroad right-of-way will require the appropriate permits through those agencies. Wetlands - Because there are no wetlands on site, City Code 11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality The applicant proposes to add new and fullyreconstructed impervious surfaces totaling approximately 1.383 acres, with an additional 2.532 acres of disturbed/graded soils (to be revegetated), on the 3.9 acre site (not including ROW dedication area). This development will need to comply with the City s Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 Volume Control. To meet the 1.1 Volume Control requirement for this development proposal, 4,426 cubic feet of retention will need to be provided (with an acceptable Soil Management Strategy).
Page 7 The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of two infiltration basins (with a total retention volume of 6,795 cubic feet), two pre-treatment structures (4 depth sumps with skimmer hoods), soil management strategies for volume control of disturbed soil areas to be revegetated, and rate control outlets to maintain predevelopment peak runoff rates. The stormwater management system of this proposed development would ultimately become publicly managed. For the western basin, the applicant proposes the overflow to surface discharge off-site into railroad right-of-way and likely then through the neighboring property to the north as surface flow into LP-23 ( Gun Club wetland). For the eastern basin, the overflow would be piped to discharge into an off-site regional stormwater basin (LP-23.5). Eagan Water Resources has reviewed the applicant s plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code 4.34 Post-Construction Stormwater Management Requirements are acceptable with conditions to ensure appropriate discharge path for the western basin, infiltration basin protections during construction, unobstructed basin maintenance access, infiltration performance and retention volume capacity verification. Sanitary Sewer/Water Main The preliminary utility plan is acceptable, with modification. Lateral water main and sanitary sewer of sufficient size, depth, and capacity are available along Brooklyn Lane for connection and extension with development of the property. Sanitary sewer Districts C, as designated in the City s Comprehensive Sanitary Sewer Plan, serves the site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Any existing wells that served the site will no longer be needed with development of the site. Any wells or septic systems within the development should be abandoned in accordance with City and County standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. The applicant should provide such a plan for review and approval by City staff, for incorporation into the Development Agreement, and installation with the development. Streets/ Access/ Circulation Public street access is proposed via a cul-de-sac connection to Brooklyn Lane. City Code allows cul-de-sacs up to 500 feet, and a Variance is necessary for a cul-de-sac exceeding 500 feet in length. The proposed cul-de-sac length measured from Brooklyn Lane is approximately 580 feet; however, the total length of the cul-de-sac may be considered everything beyond Biscayne Avenue as Brooklyn Lane currently acts as a cul-de-sac. 120 th Street to the south may be extended by Rosemount to Hwy. 3 in the future. A possible street connection to 120 th Street is being accounted for with the design of this development.
Page 8 Restricted access should be established along the S edge of 120th Court, such that the adjacent property within Rosemount does not take access from the new street. There are no existing pedestrian facilities in the area, and none are proposed with this development. Variance At present, the only public street access to this site is via Brooklyn Lane to the east. The site is narrow and does not allow the street to loop within the site. Easements/Right-of-Way Standard drainage and utility easements along lot lines and adjacent to public rights-of-way are shown on the preliminary plat, and easement requirements are included with Standard Conditions of Plat Approval B1-B4. All regulatory agency permits will also need to be acquired as required with Standard Condition E1. Tree Preservation This development s tree preservation will be considered on a single-phase, multiple-lot, residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 40.0%. A tree inventory has been submitted with this application which indicates there are 77 significant trees currently existing on site. According to the plan submitted, significant tree impacts will result in the removal of 57 significant trees (74% of the total). Because the removal proposed removal is greater than allowable, there is required mitigation with this development. The required tree mitigation is 26 Category A trees, or equivalent Category B or C trees. The submitted Tree Preservation and Landscape Plans identify proposed tree mitigation of 22 Category A trees, and 14 Category B trees, which satisfies the required amount. Landscaping The Zoning Ordinance does not require a Landscape Plan for single-family development. Thus all planting on the Tree Preservation and Landscape Plan can be considered to fulfill mitigation requirements. The planting plan proposes shade trees along the street frontage, and evergreen trees along the north site boundary to provide a separation and buffer to the Gun Club. Financial Obligation - At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City s utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat:
Page 9 Improvement Use Rate Quantity Amount Water Main - Trunk Res. $1,613.30/lot 10 lots $16,133.00 Sanitary Sewer - Trunk Res. $1,546.60/lot 10 lots $15,466.00 Storm Sewer - Trunk Res. N/A N/A Prev. Pd. Total $31,599.00 Parks and Recreation This development is subject to cash park and trail dedication for ten residential lots, payable at the time of Final Plat at the rates then effect. The 2017 rates for single-family residential development are $3,579 per lot for parks and $258 per lot for trails. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from A, Agricultural, to R-1S, Residential Single-family Small Lot district, upon approximately 3.9 acres located located west of Brooklyn Lane and east of Hwy. 3, south of the West End Gun Club. The applicant is proposing a Preliminary Subdivision consisting of 10 single-family lots. The proposal includes a Variance to exceed the maximum cul-de-sac length of 500. As proposed, the lots comply with R-1S standards and the development is consistent with the Low Density residential land use designation. Proximity of the development site to sources of noise including a state highway, a railroad and the gun club make sound attenuation construction appropriate, similar to what is required in areas exposed to airport noise. In addition, prior to final subdivision, the applicant must demonstrate that the proposed development would not cause the gun club to become out of compliance with performance and noise standards in State Statutes. Access to the site is proposed via a new public cul-de-sac street extending from Brooklyn Lane, which includes a Variance to maximum cul-de-sac length. Tree mitigation is required for tree removal above the allowable limit. Park and trail dedications shall be fulfilled through a cash dedication. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from Agricultural to R-1S, Residential Single Small Lot District, upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy. 3, bordering on Rosemount to the south. To recommend approval of a Preliminary Subdivision consisting of 10 single-family lots, including a Variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy. 3, bordering on Rosemount to the south. If approved, the following conditions shall apply.
Page 10 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, K1, L1 2. The property shall be platted. 3. Prior to Final Subdivision, the accessory structure encroachment shall be removed 4. At the time of Final Subdivision, The applicant shall provide an access restriction easement, in a form acceptable to the city attorney, prohibiting access from the south to 120 th Court. 5. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 6. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 7. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dba for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 8. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The drainage from the western portion of the site shall be modified in a manner acceptable to the City Engineer. 10. This development shall meet the City s Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 Volume Control on the site s new impervious surface area. 11. The proposed western basin shall be modified to either have no discharge up to back-to-back 1%-frequency 24-hour rain event or discharge in a manner that does not negatively affect any downstream neighboring properties. 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any
Page 11 irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12 of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12 of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10 below the bottom of the proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. 14. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 15. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 1-inch per hour or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 1-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for retention) shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
Page 12 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. Any wells or septic systems within the development shall be abandoned in accordance with City and County standards. 19. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Development Agreement, and installation with the development.