ITEM 3.1TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
REPORT DATE
ACTION DATE
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
13 May 2019
21 June 2019
Otsego — Valerius/Kolles A-2 District Lot CUP
101.01
ITEM 3.1
Merlin Valerius owns a 27.50 acre parcel located north 701h Street (CSAH 38) west of Oakwood
Avenue. Trenton Kolles is proposing to buy a 2.01 acre parcel from Mr. Valerius for the purpose
of building a single family home. The proposed development requires consideration of a Zoning
Map amendment rezoning the subject site to A-2 District and a conditional use permit to allow
a lot less than 20 acres in area within the A-2 District. A public hearing has been noticed for the
Planning Commission meeting on 20 May 2019 at 7:OOPM.
Exhibits:
■ Site Location Map
■ Certificate of Survey
ANALYSIS
Comprehensive Plan. The subject site is located within Urban Service Expansion Area E1
established by the Sewer Staging Plan of the 2012 Comprehensive Plan. Development density
within the Urban Service Expansion Area is allowed at 1 dwelling unit per 10 acres. The existing
27.50 acre parcel is undeveloped and has 2 development rights. The proposed subdivision of a
2.01 acre lot from the subject site is consistent with the interim rural use of the property guided
by the Comprehensive Plan until such time as sewer and water utilities are available. A deed
restriction is to be recorded on the remaining 25.49 acre parcel to limit future development to
not more than 1 dwelling.
1
Zoning. The subject site is zoned A-1, Agriculture Rural Service District. Development density is
limited to 1 dwelling per 40 acres within the A-1 District. The applicant is requesting a rezoning
of the subject site to A-2, Agriculture Long Range Urban Service District. The A-2 District allows
for development at 1 dwelling per 10 acres. Subdivision a lot with an area less than 20 acres
requires approval of a conditional use permit consistent with the interim land use plan
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.
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
2
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.
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 southwest corner of the subject site. The proposed lot
is 2.01 acres in area and 300.04 feet in width along 701h Street (CSAH 38). The remaining parcel
will be 25.49 acres in area and be 600 feet in width along 70th Street (CSAH 38). The other 1
development right allowed the subject site will be retained by the remaining acreage.
Clustering provisions of the A-2 District are not applicable to this request to subdivide 1 lot
from the 2 available development rights.
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
70th Street (CSAH 38)
Side
Rear
From
Centerline
From
ROW
130ft.
65ft.
10 ft.
50 ft.
Access. There is an existing field access to the subject site from 70th Street (CSAH 38). The
2012 Comprehensive Plan designates 701h Street (CSAH 38) as a minor arterial roadway. Direct
lot access to minor arterial roadway is to be restricted so as not to impede traffic flow. To this
end, the proposed lot and remaining parcel will be required to share access to 701h Street (CSAH
38). Alternatively, access to the remaining parcel could be provided through other property to
the east owned by Mr. Valerius. Access to 70th Street (CSAH 38) is subject to approval of Wright
County. The driveway accessing the proposed lot is required to be paved with asphalt or
concrete in accordance with Section 11-21-7.C.2 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.
3
Park and Trail Dedication. The subdivision of the existing parcel creating 1 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 has provided a septic design that identifies primary and secondary drain field sites
and septic tank locations within the subject site. The lot will also be served by an on-site well
Plans for the on-site septic and well 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 11-3-2.F and
Section 11-4-2.F of the Zoning Ordinance, respectively:
1. The proposed action's consistency with the specific policies and provisions of the official
City Comprehensive Plan.
Comment: The Comprehensive Plan guides the site for interim rural land uses until
sanitary sewer and water utilities are available. The proposed subdivision of one rural
single family lot, is consistent with the interim land use plan policies of the 2012
Comprehensive 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. These rural land uses are to continue until such time as urban services
are available. The area on the north side of 70th Street (CSAH 38), including the subject
site, is guided for future low-to-medium density residential land uses. As such, the
proposed subdivision will be compatible with the existing and planned land uses
surrounding the subject site.
3. 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 will generate traffic that that would exceed the
current capacity of 70th Street (CSAH 38) from which the lot is accessed.
9
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 Zoning Map amendment and 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
Decision 1— Zoning Map Amendment
A. Motion to recommend approval of a Zoning Map amendment rezoning the subject site
from A-1 District to A-2 District based on a finding that the request is consistent with the
criteria outlined in Section 11-3-2.F of the Zoning Ordinance.
B. Motion to deny the application based on a finding that the request is not consistent
with the criteria outlined in Section 11-3-2.F of the Zoning Ordinance.
C. Motion to table.
Decision 2 - Conditional Use Permit
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 2.01 acre parcel shall be deed restricted to prohibit further
subdivision until such time as rezoned to allow for development with sewer and
water utilities.
3. The remaining 25.49 acre parcel shall be deed to prohibit further subdivision
until such time as rezoned to allow for development with sewer and water
utilities.
4. Access to 70th Street (CSAH 38) shall be shared by the 2.01 acre lot and
remaining 25.49 acre parcel; ingress/egress easements required for the shared
access shall be submitted and are subject to review and approval of City staff;
access to 70th Street (CSAH 38) shall be subject to review and approval of Wright
County.
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.
The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision application.
7. The 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
Trenton Kolles, applicant
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
Dc
pt
aParcels