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ITEM 3.3TPC 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 REPORT DATE: 13 May 2019 ACTION DATE: N/A RE: Otsego — Carron Second Addition; Preliminary/Final Plat TPC FILE: 101.01 BACKGROUND Randal and Deborah Carron own Lot 2, Block 1 Carron Addition. The Carron Addition was final platted in 2009. The City of Otsego has undertaken the 85th Street/MacIver Avenue public improvement project to extend 85th Street west of Nashua Avenue. Acquisition of right-of-way for 85th Street bisected Lot 2, Block 1 Carron Addition. The City agreed to replat the lot as 2 lots to settle the acquisition of the property with the owner. The replatting of the property includes the need to approve a variance for density greater than allowed within the A-2 District and a conditional use permit for a lot area less than 20 acres within the A-2 District. A public hearing has been noticed for the Planning Commission meeting on 20 May 2019 to consider the applications, which have been initiated by the City. Exhibits: ■ Site Location Map ■ Preliminary/Final Plat ANALYSIS Comprehensive Plan. The subject site is planned for future low density residential use at the eastern edge of Urban Service Expansion Area W1. Extension of sewer and water utilities will involve construction of trunk collection and distribution pipes from a future lift station at Mason Avenue and 87th Street. Until sewer and water utilities are extended, the 2012 Comprehensive Plan guides that the subject site is to be maintained as rural land uses. Zoning. The subject site is zoned A-2 District, which was established on 9 November 2009 with approval of the Carron Addition. The A-2 District allows for single family dwellings as a permitted use. Density. Section 11-52-6.13 of the Zoning Ordinance limits development density within the A-2 District to 1 dwelling unit per 10 acres. Approval of the Carron Addition in 2009 utilized all of the available development rights of the original parcel to subdivide 3 lots. The subdivision of the subject site results in 1 additional development right than allowed to the Carron Addition. The City is proposing approval of a variance to allow for the 1 additional development right as the public action to construct 85th Street has severed the subject site effectively creating 2 lots. Consideration of the variance is to be based on the following criteria set forth by Section 11-6-3.13 of the Zoning Ordinance: That the variance would be consistent with the Comprehensive Plan. Comment: The 2012 Comprehensive Plan guides that development is to be limited to rural land uses until such time as sewer and water utilities may be available. The proposed variance will allow for a rural residential use of the severed property until such time as sewer and water utilities are extended and a more intensive land use is possible. The proposed variance is consistent with the 2012 Comprehensive Plan. That the variance would be in harmony with the general purposes and intent of [the Zoning Ordinance]. Comment: The purpose of the A-2 District is to allow low density residential, open space, and/or agricultural uses to prevent rapid urbanization and provide economy in public expenditures. The proposed variance allows for a reasonable use of each of the severed lots caused by the 85th Street public improvement project consistent with the intent of the A-2 District. 3. That the plight of the landowner is due to circumstances unique to the property not created by the current or any previous landowner. Comment: The need for variance has been caused by public action related to the 85th Street/MaclverAvenue improvement project. That the purpose of the variance is not exclusively an economic consideration. Comment: The need for variance is not due to economic considerations. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Comment: The area surrounding the subject site to the north and east is developed with rural residential uses and cultivated fields to the south and west. The proposed variance allowing for two rural residential lots will not alter the character of the area. That the requested variance is the minimum action required to eliminate the practical difficulty. 2 Comment: The 85th Street public improvement project severed the subject site into two parcels. The proposed variance to allow a development right to each of the severed parcels is the minimum action required to ensure a reasonable use of the lots as provided for by the Zoning Ordinance. 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 11-52-6.8 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 11-52-6.8 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. 9. The provisions of Section 11-4-2.F of [the Zoning Ordinance] are considered and satisfactorily met. The proposed lots have the following area and width as shown in the table below. The subdivision of the lots is caused by public action to construct 85th Street resulting in the proposed area of each lot. Both lots comply with the minimum lot width requirement of 150 feet. Setbacks. The table below provides the setbacks of the A-2 District applicable to the proposed lots. Each lot has adequate area within the required setbacks to allow for construction of a single family dwelling. Lot Area Lot Width Lot 1, Block 1 2.19ac. 310ft. Lot 2, Block 2 17.10ac. 440ft. Setbacks. The table below provides the setbacks of the A-2 District applicable to the proposed lots. Each lot has adequate area within the required setbacks to allow for construction of a single family dwelling. Access. The 2012 Comprehensive Plan designates 85th Street as a major collector roadway. Access to major collector streets is to be limited by Section 10-8-5.M of the Subdivision Ordinance so as not to effect traffic movement along the street. Lot 1, Block 1 has frontage only to 85th Street. One driveway access to 85th Street will be allowed subject to the provisions of Section 11-21-6 of the Zoning Ordinance. A driveway serving a house on Lot 1, Block 1 will be required to be paved in accordance with Section 11-21- 7.C.2 of the Zoning Ordinance. Lot, 1, Block 2 has frontage to both 85th Street and 83rd Street, which is a rural gravel roadway. Access to Lot 1, Block 2 is to be restricted to 83rd Street. A driveway accessing 83rd Street is allowed to be gravel surface by Section 11-21-7.C.1 of the Zoning Ordinance based on the gravel surface of 83rd Street. Utilities. Park and trail dedication requirements are established by Section 11-8-15 of the Subdivision Ordinance. The City is not seeking to acquire property for park purposes from the subject site. As the subdivision of the property is being caused by public action to construct 85th Street, there will be no park dedication requirement for this subdivision. Easements. The preliminary/final plat illustrates 10 foot wide drainage and utility easements at the perimeter of each proposed lot. The proposed drainage and utility easements comply with Section 11-8- 10.A of the Subdivision Ordinance. All easements are subject to review and approval by the City Engineer. 85th St. 83rd St. Side Rear Lot 1, Block 1 65ft. NA 10ft. 50ft. Lot 1, Block 2 65ft. 35ft. ROW 10ft. NA 65ft. Centerline Access. The 2012 Comprehensive Plan designates 85th Street as a major collector roadway. Access to major collector streets is to be limited by Section 10-8-5.M of the Subdivision Ordinance so as not to effect traffic movement along the street. Lot 1, Block 1 has frontage only to 85th Street. One driveway access to 85th Street will be allowed subject to the provisions of Section 11-21-6 of the Zoning Ordinance. A driveway serving a house on Lot 1, Block 1 will be required to be paved in accordance with Section 11-21- 7.C.2 of the Zoning Ordinance. Lot, 1, Block 2 has frontage to both 85th Street and 83rd Street, which is a rural gravel roadway. Access to Lot 1, Block 2 is to be restricted to 83rd Street. A driveway accessing 83rd Street is allowed to be gravel surface by Section 11-21-7.C.1 of the Zoning Ordinance based on the gravel surface of 83rd Street. Utilities. Park and trail dedication requirements are established by Section 11-8-15 of the Subdivision Ordinance. The City is not seeking to acquire property for park purposes from the subject site. As the subdivision of the property is being caused by public action to construct 85th Street, there will be no park dedication requirement for this subdivision. Easements. The preliminary/final plat illustrates 10 foot wide drainage and utility easements at the perimeter of each proposed lot. The proposed drainage and utility easements comply with Section 11-8- 10.A of the Subdivision Ordinance. All easements are subject to review and approval by the City Engineer. Utilities. Each of the proposed lots will be served by individual on-site septic and well utilities. A septic design that identifies primary and secondary drain field sites and a septic tank location within the subject site will be required at the time of building permit application. Each lot will also be served by an on-site well Plans for the on-site septic and well utilities are subject to review and approval by the Building Official. RECOMMENDATION City staff recommends approval of the applications as outlined below based on the action being required due to the public improvement project for 85th Street. POSSIBLE ACTIONS A. Motion to recommend approval of a variance, conditional use permit and preliminary/final plat for the Carron Second Addition subject to the following conditions: Lot 1, Block 1 and Lot 1, Block 2 shall be deed restricted to prohibit further subdivision of additional lots until such time as rezoned to allow for development with sewer and water utilities. Access to Lot 1, Block 2 from 85th Street shall be prohibited. On-site septic and well utilities shall be subject to review and approval by the Building Official. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Randal and Deborah Carron, property owner Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits ❑ c ❑ t ❑❑ Parcels KNOW ALL PERSONS BY THESE PRESENTS: That Diane M. DeMars, trustee of the Diane M. DeMars Living Trust dated July 12, 2011, owner of the following described property situated in the County of Wright, State of Minnesota: Lot 2, Block 1, Carron Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Wright County, Minnesota. Has caused the same to be surveyed and platted as CARRON SECOND ADDITION, and do hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Diane M. DeMars, trustee of the Diane M. DeMars Living Trust, dated July 12, 2011, have hereunto set their hands this day of , 20_ Diane M. DeMars, trustee of the Diane M. DeMars Living Trust, dated July 12, 2011 I Brian Person do hereby certify that this plat was prepared by me or under my direct supervision; that I am duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Brian Person, Licensed Land Surveyor Minnesota License No. 49138 STATE OF MINNESOTA COUNTY OF ANOKA STATE OF MINNESOTA The foregoing Surveyor's Certificate was acknowledged before me this day of COUNTY OF WRIGHT 20 by Brian Person Land Surveyor, Minnesota License No. 49138. This instrument was acknowledged before me this day of DeMars Living Trust dated July 12, 2011. Signature Printed Name Notary Public, My commission expires County, 20_ by Diane M. DeMars, trustee of the Diane M. Signature Printed Name Notary Public, My commission ex County, CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of CARRON SECOND ADDITION was approved and accepted by the City Council of OTSEGO, Minnesota at a regular meeting held this day of I20_ and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdi. 2. By : Mayor I N01 °46'59"W 400.14 I z I On: 0 I 0 \ I \ UJ I w N z w w 0 0 UJ w z z J . J 283.31 ------ By : Clerk WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statues, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 Wright County Surveyor WRIGHT COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 O Denotes 1/2 inch by 14 inch iron monument set and marked with Minnesota License No. 49138. • Denotes found iron monument _ Denotes Wet land as per the plat of W CARRON ADDITION. For the purposes of this plat the South line of Lot 2, Block 1, CARRON ADDITION, is assumed to bear S89`58'50"W. By: Wright County Auditor/Treasurer Deputy WRIGHT COUNTY RECORDER � T I hereby certify that this instrument was filed in the office of the County Recorder for record on 1V this day of 20 at o'clock M. and was duly recorded in Cabinet No. , Sleeve as Document No. Wright County Recorder N I - LIJ � -� o° L I rrJ nO �- �LL, LIJ cJ C:) LIJ C:) F— Q Q O � c- Lid tel\ \J\ 6s 1 S02°51'14"W <C Ua <C L1_ Q �4j6 • 104.10 — — — \ \��=-Drainage &Utility Easement <`� I NO2°51'14"E ��\ � per plat of CARRON ADDITION �_ � T � 80 s� �g� /' o f rn i 0 l o / 0(0o LLJ \ I( o /$ OCd I 0)-L �O _ N 0) z IN z / LIJ Co BLOCK 1 Appoximate Edge = I�OU-) u70r-I u7 o n � �l �' LOT 1 00 cc � I c� 0I I- _00 Ln� JIILI 11 III IIS �� Of I s0 �'� IJ `Ya z I L------- 377.92 --------J 80.40 L---_ C0 741.63 N06°51'51 \ N00°01'38"WI CSI co CJ BLOCK 2'cn\ - J ` I << I I J W ' , I LOT Printed Name Notary Public, My commission ex County, CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of CARRON SECOND ADDITION was approved and accepted by the City Council of OTSEGO, Minnesota at a regular meeting held this day of I20_ and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdi. 2. By : Mayor I N01 °46'59"W 400.14 I z I On: 0 I 0 \ I \ UJ I w N z w w 0 0 UJ w z z J . J 283.31 ------ By : Clerk WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statues, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 Wright County Surveyor WRIGHT COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 O Denotes 1/2 inch by 14 inch iron monument set and marked with Minnesota License No. 49138. • Denotes found iron monument _ Denotes Wet land as per the plat of W CARRON ADDITION. For the purposes of this plat the South line of Lot 2, Block 1, CARRON ADDITION, is assumed to bear S89`58'50"W. By: Wright County Auditor/Treasurer Deputy WRIGHT COUNTY RECORDER � T I hereby certify that this instrument was filed in the office of the County Recorder for record on 1V this day of 20 at o'clock M. and was duly recorded in Cabinet No. , Sleeve as Document No. Wright County Recorder 1314.01 S00`01'37"E 66 42.14 I I I3:N 000 o u7 ,� ,O^ 'p^p O O L / e ' � Q 00Jz U 0 V)C) I—) CI NOO°01'37"W ri 219.19 o 41.02,_� o,o N vz o�: - LIJ o -� o° L a O nO �- �LL, LIJ a_ uJ C:) LIJ C:) F— Q Q O � I /1 T cfl 00 O � of 6s 1 S02°51'14"W Ua 1162.43 104.10 — — — \ \��=-Drainage &Utility Easement <`� I NO2°51'14"E ��\ � per plat of CARRON ADDITION 6`50606\' i �` \ �I Co Appoximate Edge of Wetland per CARRON i plat of I I ADDITION I /1 T r7 L_LJ I N N ,( , --- i 246.92 "W C0 N06°51'51 \ co BLOCK 2'cn\ I J W \ I I LOT 1 n �p \ N 1314.01 S00`01'37"E 66 42.14 I I I3:N 000 o u7 ,� ,O^ 'p^p O O L / e ' � Q 00Jz U 0 V)C) I—) CI NOO°01'37"W ri 219.19 o 41.02,_� o,o 100 0 100 200 SCALE IN FEET 1 INCH = 100 FEET DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: -1— 5—� L---�- (NOT TO SCALE) Being 5.00 feet in width and adjoining all side lot lines, and 10.00 feet in width and adjoining right of way lines and rear lot lines unless otherwise shown on this plat. VICINITY MAP SEC.20, T.121, R.23 r �z I I u I NW1/4 jll� NE1/4 Ld Q I _ua 85TH ST NE I I LNE =83RD Sz i 1'1' SE1/4SWj/4 I �-� - --� N NOT TO SCALE I �Hakanson V]Anderson N vz o�: - LIJ o -� o° L a O nO �- �LL, LIJ a_ uJ C:) LIJ C:) F— Q Q O � O � cfl 00 O � of 6s 1 100 0 100 200 SCALE IN FEET 1 INCH = 100 FEET DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: -1— 5—� L---�- (NOT TO SCALE) Being 5.00 feet in width and adjoining all side lot lines, and 10.00 feet in width and adjoining right of way lines and rear lot lines unless otherwise shown on this plat. VICINITY MAP SEC.20, T.121, R.23 r �z I I u I NW1/4 jll� NE1/4 Ld Q I _ua 85TH ST NE I I LNE =83RD Sz i 1'1' SE1/4SWj/4 I �-� - --� N NOT TO SCALE I �Hakanson V]Anderson