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ITEM 4.2TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego — Barthel/Praught A-2 District Lot Area CUP REPORT DATE: 19 March 2019 ACTION DEADLINE: 10 May 2019 TPC FILE: 101.02 BACKGROUND ITEM 4.2 Mr. Joseph Barthel is proposing to subdivide a 2.5 acre lot from an 86.59 acre parcel located north of 60th Street (CR 137) and east of Macallister Avenue. The subject site is zoned A-2, Agriculture Long Range Urban Service District. Section 11-52-5.G of the Zoning Ordinance requires a Conditional Use Permit to allow for subdivision of a lot in the A-2 District with an area less than 20 acres and width less than 450 feet to a public street. A public hearing has been noticed for the Planning Commission meeting on 1 April 2018 to consider the application. Exhibits: ■ Site location map ■ Boundary survey dated 3-08-19 ANALYSIS Comprehensive Plan. The subject site is divided between the West Sewer District and Urban Service Expansion Area E3 established by the Sewer Staging Plan of the 2012 Comprehensive Plan as amended on 10 December 2018. Development density within the Urban Service Expansion Area is allowed at 1 dwelling unit per 10 acres. The existing 86.59 acre parcel retains 6 development rights based on the existing single family dwelling and prior subdivisions. The proposed subdivision of a 2.5 acre lot from the subject site is consistent with the interim rural use of the property. A deed restriction is to be recorded on the remaining 84.09 acre property limiting future development to not more than five, including the existing single family dwelling. Zoning. The subject site is zoned A-2 District. The A-2 District allows for development at a density of one dwelling unit per 10 acres and subdivision of lots less than 20 acres in area by approval of a conditional use permit consistent with the interim land use plan policies established by the Comprehensive Plan. Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum width of 450 feet. In order to maintain contiguous tracts of land for future urban development, Section 11-52-5.G of the Zoning Ordinance allows for the subdivision of lots less than 20 acres in area within the A-2 District by conditional use permit based on compliance with the following criteria: 1. All other applicable requirements of Section 11-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 11-52-6.B of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 11-52-6.0 of this Chapter. C. One (1) development right as allowed by Section 11-52-6.B of this Chapter is used for a dwelling located on the present parcel outside of the residential cluster. 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless is conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 2 9. The provisions of Section 11-4-2.F of [the Zoning Ordinance] are considered and satisfactorily met. The proposed lot is to be located at the northwest corner of the subject site. A previously subdivided lot is located 150 feet to the south of the proposed lot. The distance between the proposed lot and the previously subdivided lot is sufficient to allow for a future subdivision of an additional lot in between thus clustering the rural residential dwellings allowed within the existing parent parcel. The configuration of the proposed 2.5 acre lot at the northwest corner of the property clustered with previous and potentially subdivided lots complies with the criteria established by the Zoning Ordinance. Setbacks. The table below illustrates the required setbacks applicable to the subject site and the proposed lot to be subdivided. The proposed lot has adequate area within the required setbacks to allow for construction of a single family dwelling. A-2 District Minimum Setbacks Macallister Ave Side Rear From Centerline From ROW 65ft. 35ft. 10 ft. 50 ft. Access. The proposed lot is to be 222 feet in width fronting Macallister Avenue. Macallister Avenue is a designated as a local street by the 2012 Comprehensive Plan. Access to the proposed lot from MacAllister Avenue is allowed by Section 11-21-6 of the Zoning Ordinance. As MacAllister Avenue is a gravel roadway, the driveway accessing the proposed lot is not required to be paved with asphalt or concrete in accordance with Section 11-21-7.C.1 of the Zoning Ordinance. Easements. Section 11-8-10.A of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on a revised survey to be submitted to subdivide the lot administratively. All easements are subject to review and approval by the City Engineer. Park and Trail Dedication. The subdivision of the existing parcel creating one new lot requires dedication of land or a cash fee in lieu of land for park and trail dedication in accordance with Section 11-8-15 of the Subdivision Ordinance. City staff recommends that the applicant pay a cash fee in lieu of land of $1,968 for the additional lot created by the administrative subdivision satisfying park and trail dedication requirements due with this application. Utilities. The proposed lot will be served by individual on-site septic and well utilities. The applicant must identify primary and secondary drain field sites and septic tank locations with the application at the time a building permit is applied for. The suitability of the lot to accommodate on site utilities is subject to review and approval by the Building Official. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 11-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 3 Comment: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The requestsed conditional use permit will allow for a subdivision of one rural single family lot, which is within the 6 development rights that remain with the existing parcel. The requested conditional use permit is is consistent with the interim land use plan. The proposed use's compatibility with present and future land uses of the area. Comment: Surrounding land uses currently consist of cultivated fields and large lot, rural single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed subdivision is not anticipated to generate additional traffic that that would exceed the current capacity of Macallister Avenue that will access the proposed lot. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: As a rural residential use consistent with the allowed density of the 2012 Comprehensive Plan, the proposed subdivision can be accommodated by the City's existing service capacity. RECOMMENDATION City staff recommends approval of the requested conditional use permit to allow subdivision of a lot with an area of less than 20 acres within an A-2 District as outlined below. POSSIBLE ACTIONS A. Motion to approve a conditional use permit allowing administrative subdivision of a lot with an area less than 20 acres within the A-2 District, subject to the following conditions: The application for administrative subdivision shall be submitted and processed in accordance with Section 2 of the Subdivision Ordinance. The proposed 2.5 acre parcel shall be deed restricted to prohibit further subdivision until such time as rezoned to allow for development with sewer and water utilities. 91 3. The remaining 84.09 acre parcel shall be deed restricted to not more than 5 development rights, one of which shall include the existing single family dwelling. 4. The subdivided lot shall provide for dedication of drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 5. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 6. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the Building Official. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Motion to table. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Joseph Barthel, applicant 5 Barthel/Praught CUP - Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy US Hwy City/rownship Limits El ❑t Parcels I / L TAYLOR LAND SURVEYORS. INC. 213 W. Broadway P.Q Box 179 .Dont/ce//q MN 55362 Ph— / 763-295-3366 F-,01 76J-295-3406 CERTIFICATE OF SURVEY FOR JOE BARTHEL AE CC4AER OF I SE 1/4 OW Np77%t UAC' 1/4 SEC it, HNP. f21, RdE 24 A IIRxa/r mwlr Mow s ess4'sr�� ascsv 1 � L5V ACRR4 O A 0 cn 1 472.37 / S 897147` W 506.52 —' 5 1/4 4J241 PA[177DD9 3CArA73W TRACT 8 GRAPHIC SCALE IN FEET 0 50 100 150 DENOTES E IRON MONUMENT FOUND IRON MONUMENT SET h CAPPED RLS 15=1 That part o/ Ne 5-th-.t 0uart- of Seaton 31, Tae W, 121, R -Oe Me narlhr.t ncanY .r v/.old 5-thw.t paitl cth Comm.hg at rmad lwo If South 89 4-34 mlmte. 53 .e-nd. We.t d-9 the north Ih. o} wld 5-thw.t 0uerter, a di.t-u of 834.99 feet to Lhe poht of h-innle9of the 1-d to 1,.de. Hb d; th-- S-th 0 de9Ter 05 N.t. 07 .aced. Ea.L a d1.Wn- of 22248 feet thr- S -m 89 depnNu 21 mhut- 47 rend. Wa.L a dIM11. M 500.52 feet W the omterllna of MCA oter A— NE .—dhq W O—NtIw No. 41 of OTSEGO TOWNSHIP ROAD MAP, __dln9 to the eeoe' Nd p N—P.. then- Na 14 de�.er 19 minute. W d. E- d-9 ..Id —WN' a dl.tanu of 3.03 frt t,. - ,Z d-9 wid a -Wb. heh9 a Wn9mU.1 -rw o --w to the r t haNn9 a wdlu. of 1239.27 feat and a -n any. of 10 On - 31 Yate. 24 .—dla dl.tan- - 227.81 W wId no IN. of M. 5-thw.t Outer, than- Nuth 89 deyee. 54 h.t.. 53 .w -d. Ea.t d-9 .old north Iha. a dl.t-- of 489.83 frt W 11,1 poht of b.9hnln9. IR EBY CERTIFY THAT THIS SURVEY PUN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM DULY REGISTERED ''+�jLAAND SURVEYO�RTUNDER THE LAWS OF THE STATE OF MINNESOTA d,[rr�m.tgYJalJtht 03/07/19 DENNIS V. TAT111R' G. N0.15233 DATE