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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