Adopt Resolution #13-11-208 Granting Final Plat Approval of Diehl Acres; Case of Sam and Andrea Diehl

General:  The applicant is requesting Final Plat approval of Diehl Acres. The Planning Commission has recommended approval of the plat. This plat is located on the north side of Green Valley Road across from Green Valley Greenhouse. The Plat contemplates the creation of one (1) new buildable lot. The existing parcel has a dwelling and multiple accessory structures. The Plat would create a buildable lot with the intent to build a second dwelling on the north side of County Ditch #14 that traverses the Property. The Application has been forwarded to the Anoka County Highway Department, as it is located along a County Road. Anoka County has recommended approval, with conditions (see attached letter).
 
It appears that the proposed Plat meets or exceeds minimum standards required by City Code related to the above. Note: Staff is concerned about the layout of the proposed new dwelling, stacked vertically from the public road (Green Valley Road). Often times, this scenario is considered a ‘Flag Lot’. However, the proposal meets the minimum lot width standard, and the City’s Public Safety Staff have reviewed the request and have no objection. Proper access construction, maintenance, and signage to direct emergency vehicles shall be required.
 
The action of recording of the Plat will result in one (1) existing accessory structure on the newly created parcel prior to the construction of the new dwelling. As it is anticipated that a new dwelling will be constructed in the near future, it is the City’s policy to allow this on a temporary basis, until the dwelling is complete, with the submittal of a performance surety.
 
Land Use and Zoning: The site is guided Low Density Residential on the Comprehensive Plan and zoned R-1, MUSA. The minimum lot size in the R-1, MUSA zone is 10,800 sq. ft. Each of the proposed lots meets the minimum lot size. 
 
Net Density Calculations. The Applicant shall provide gross acreage, as well as net acreage. Net acreage is calculated by subtracting wetlands and rights of way from the gross acreage. The Applicant must also provide Net Density Calculations described as number of units per net acre.
 
Landscaping: Two trees per dwelling unit are required.  Deciduous trees shall be a minimum of one (1) inch caliper and evergreen trees shall be at least five (5) feet in height. Please update the landscape plan to include a planting schedule that identifies the common and scientific name, root stock and quantity for each proposed species.  Note that existing tree cover may satisfy the planting requirements, subject to review of the tree inventory/preservation plan.  If not, than a planting detail must be included with the landscape plan (another option is to incorporate the City’s tree planting detail). At a minimum, it should state:

• Planting depth shall be such that the 1^st set of primary roots is at finished grade
• Only prune out dead/broken/deformed branches at time of installation
• Removal of upper portion of wire basket and burlap after being placed in planting hole if using B & B stock.
• 2-4 inches of wood chip mulch shall be included around all trees. Mulch shall not be piled against the trunk of trees.

 
Density Transitioning: Due to the size of the proposed lots and the adjoining properties’ zoning, density transitioning is not required.  
 
Tree Preservation:  A detailed tree inventory shall be provided for all significant trees (defined below) within the limits of construction.   At least forty percent (40%) of the inches of existing significant tree DBH must be preserved on the overall site. Existing tree cover on site may satfisy the landscaping requirement discussed above.  The tree preservation plan shall include the following:
 

• All oak trees and evergreen trees that are four (4) inches or greater in Diameter at Breast Height (DBH) and all other deciduous trees that are eight (8) inches in greater DBH shall be identified on the tree inventory (cumulatively referred to as significant trees).
• Inventory shall include species, DBH, tree condition, whether the tree will be preserved or remove, a tally of total significant tree DBH on site and how many DBH inches will be removed.
• Inventory shall also identify location of tree save fencing, which shall be installed at least at the drip line of individual trees or groups of trees and shall be in place prior to any grading or removal work begins.  

 
Topsoil: The newly created lot will need to have four (4) inches of topsoil meeting the City’s topsoil specification across all disturbed areas not otherwise improved with walkways, driveway, and home. A topsoil inspection is required prior to landscaping being installed and copies of the load tickets are required as well. This is reviewed at time of Building Permit Application and request for Certificate of Occupancy for the newly created lots.  Note: any wetlands within the limits of construction will need to be delineated and marked so that the wetland boundary is evident.  No topsoil or other fill is permitted within any wetland. 
 
Building Elevations: No architectural renderings of the proposed home was submitted. No enhanced architecture above the minimum City Code requirements of Section 117-111 (R-1 Residential District) is being proposed. The required Development Agreement shall clearly state that additional architectural requirements are not being required at this time, and that the underlying requirements for the R-1 Residential (MUSA) District are required.
 
Streets: The Applicant is not planning on constructing additional public streets. The Applicant is proposing the construction of a new driveway with a connection to Green Valley Road. In addition, the Applicant is proposing to relocate an existing driveway to address access spacing. The request will need to be approved by the Anoka County Highway Department and will require the issuance of a Right of Way Permit from the Anoka County Highway Department.
 
The Applicant has submitted structural information regarding the culvert for the County Ditch Crossing. This will be reviewed along with the Building Permit.

Staff attempted to notify all Property Owners within 700 feet of the Sketch Plan Review and Request for Variance (allowing private well and septic within the R-1 Residential [MUSA] District, as municipal water and sewer are not available to the parcel).

Alternative #1: Approve the request as is. The request appears to meet all minimum zoning and subdivision standards with amendments as requested by the City Staff Review File and after approval of the Variance. There appears to be a practical difficulty in requiring City sanitary sewer and water where neither are available. Staff recommends approval of this alternative, granting approval as presented.

Alternative #2: Deny the request. The request is a fairly simple lot split. With amendments as noted in the Review File, Staff would not recommend denial at this time.

All costs associated with the Application are the responsibility of the Applicant.

The Planning Commission recommends approval of the request.

Motion #1: Adopt Resolution #13-11-208 granting Final Plat Approval to Diehl Acres, contingent upon compliance with the Staff Review File.