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ITEM 4.1 Riverwood National 3rdOtseF o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 9 December 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.1— Riverwood National 3rd STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: easement and approval of a preliminary/final plat. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Yes — Held 9 December 2019 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. of the Riverwood National golf course. Mr. Wims is proposing to build an in -ground swimming pool in the Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of a resolution vacating a portion of an existing drainage and utility easement and approval of a preliminary/final plat. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes — Held 9 December 2019 BACKGROUND/JUSTIFICATION: Mr. Travis Wims owns the single family lot at 8853 Kahl Way NE, which is Lot 27, Block 12 Riverwood National. The lot abuts Outlot A, Riverwood National 2nd Addition, which encompass the southern portion of the Riverwood National golf course. Mr. Wims is proposing to build an in -ground swimming pool in the rear yard of the property. To accommodate the proposed swimming pool, Mr. Wims is proposing to acquire 13,000 square feet of property from Riverwood National golf course to expand the area of his lot. The proposed adjustment of the lot lines between Mr. Wims lot and the Riverwood National golf course outlot requires approval of a preliminary/final plat and vacation of existing drainage and utility easements. The Planning Commission considered the application at their meeting on 2 December 2019. Mr. Wims was present and addressed the Planning Commission. There were no public comments. The Planning Commission had no questions or comments regarding the application. The Planning Commission voted 7-0 to recommend City Council approval of the applications. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 25 November 2019 ■ Resolution 2019-82 ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2019-82 vacating an existing drainage and utility easements and approve the preliminary/final plat of Riverwood National 3`d Addition subject to the conditions stated in the findings of fact and decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: N/A TPC 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: 25 November 2019 ACTION DATE: 18 March 2019 RE: Otsego — Riverwood National; Wims preliminary/final plat TPC FILE: 101.01 BACKGROUND Mr. Travis Wims owns the single family lot at 8853 Kahl Way NE, which is Lot 27, Block 12 Riverwood National. The lot abuts Outlot A, Riverwood National 2nd Addition, which encompass the southern portion of the Riverwood National golf course. Mr. Wims is proposing to build an in -ground swimming pool in the rear yard of the property. To accommodate the proposed swimming pool, Mr. Wims is proposing to acquire 13,000 square feet of property from Riverwood National golf course to expand the area of his lot. The proposed adjustment of the lot lines between Mr. Wims lot and the Riverwood National golf course outlot requires approval of a preliminary/final plat and vacation of existing drainage and utility easements. Exhibits: ■ Site Location Map ■ Site Plan ■ Preliminary/Final Plat (4 sheets) ANALYSIS Comprehensive Plan. Riverwood National, including the golf course and Wims lot, is guided by the Comprehensive Plan for rural land uses. The development of residential dwellings surrounded by and adjacent to the golf course is consistent with the policies of the Comprehensive Plan. Zoning. The subject site is zoned PUD, Planned Unit Development District in accordance with the ordinance and PUD Development Stage Plan approved by the City Council on 8 July 2002. The golf course is allowed as an outdoor recreation use. The existing single family dwelling upon the Wims lot is a permitted use. The proposed swimming pool is a permitted accessory use to the single family dwelling. The existing uses of the proposed preliminary/final plat comply with the Zoning Ordinance. Surrounding Uses. The Wims lot abuts areas of the Riverwood National golf course outside of fairways or greens on its west and south property lines. The property abutting the Wims lot to the east is a single family lot with an existing single family home. There are existing single family dwellings to the north of the Wims lot across Kahl Way. The proposed adjustment of the lot lines between the Wims lot and Riverwood National golf course outlot will not affect the existing character of the area or surrounding land uses. Lot Requirements. Single family lots within the Riverwood National PUD District are required to have a minimum lot width of 75 feet. The proposed preliminary/final plat will increase the width of the Wims lot from 80 feet to 140 feet, measured at the front setback line, which exceeds the requirements of the PUD District. There is no minimum lot area requirement, although the area of the Wims lot will be increased from 11,819 square feet to 24,819 square feet as a result of the proposed preliminary/final plat to adjust the property lines with Outlot A, Riverwood National 2nd Addition. Setbacks. Setbacks for single family lots within the Riverwood National PUD District are outlined in the table below. The existing house will comply with the setback requirements applicable to the proposed preliminary/final plat. Front Side Rear 35ft. House: 10ft. Garage: 5ft. 20ft. Section 11-18-5.A of the Zoning Ordinance requires swimming pools to comply with the setbacks applicable to accessory structures. The in -ground swimming pool is required to be setback 5 feet from side lot lines and 10 feet from the rear lot line. Easements. Section 10-8-12.A of the Subdivision Ordinance requires drainage and utility easements to be platted at the perimeter of all lots. There are drainage and utility easements dedicated along the west and south lot lines of the Wims lot that are proposed to be vacated concurrent with approval of the proposed preliminary/final plat. These easements will be rededicated at the perimeter lot lines of the proposed Wims lot with the preliminary/final plat. All drainage and utility easements are subject to review and approval of the City Engineer. Outlot A. The Riverwood National golf course is platted within Outlot A, Riverwood National 2nd Addition designated for permanent open space under the PUD District, Section 11-16-3.G states that outlots are deemed unbuildable unless replatted as a lot and block in accordance 2 with the subdivision ordinance, and no building permit shall be issued for such properties. This requirement necessitated processing the proposed adjustment of lot lines as a preliminary/final plat to remove the outlot designation from the area to be included within the proposed Wims lot so that the planned swimming pool could be constructed within this area. The area of the Riverwood National golf course less the area to be included in the Wims lot will again be platted as an outlot on the proposed preliminary/final plat. Park Dedication. The proposed preliminary/final plat does not result in any new lots being created. Therefore, the requirements of Section 10-8-15 of the Zoning Ordinance regarding park dedication does not apply to the application. Utilities. The proposed preliminary/final plat does not effect utilities serving the Wims lot. Any extension of utility services within the lot for the planned swimming pool will be reviewed by the Building Department. Grading. No grading is proposed at this time as a result of the proposed preliminary/final plat. Any site grading for construction of the planned swimming pool will be reviewed by the Building Department in consultation with the City Engineer. RECOMMENDATION City staff recommends approval of a preliminary/final plat and vacation of existing drainage and utility easements to adjust property lines between the Wims lot and Riverwood National golf course, subject to the conditions outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of the Riverwood National 3rd Addition preliminary/final plat and vacation of existing drainage and utility easements, subject to the following conditions: 1. Lot 1, Block 1 shall be subject to the following lot requirements and setbacks: Min. Lot Width Setbacks Front Side Rear 75ft. 35ft. House: 10ft. Garage: 5ft. 20ft. 2. All drainage and utility easement shall be subject to review and approval of the City Engineer. 3. The final plat shall be recorded by 18 March 2020 in accordance with Section 10- 5-3.6.8 of the Subdivision Ordinance. 3 B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and does not comply with the Zoning Ordinance or Subdivision Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Travis Wims, applicant N SITE LOCATION Overview Legend Roads —^ CSAHCL CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/rownship Limits ❑c ❑t ❑0 Parcels SITE LOCATION Overview Legend Roads — CSAHCL --- CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑c at ❑0 Parcels i� I�Il 11 1 . , . A=1°11'47"—== = '� 4,2 00pp L=6.27 �8- 0 \4300 1, 10 a` ` \ /26 66,5a3„ Cb 00 13,000 S.F. / Lot 11,819 S.F. 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F � I anew ro. •a,wM.-_\.� O -AIL OUTLOT C 16 Y 17 13 12 nm 19 o t ,�., ,f , 1 .q 4Eln - <<- r BtZCk1 o Lotl � � � � _`_ � rl Hm•577lW 3,t �.m D'JTLOT G z DETAIL I Nfi7L'7iE 13,535 _ L A N D F O R M bSierW • • • • SHE T20F4SHc'-TS OUTLOT A •.G � 11 Jcl 7..� K, 1111 7_i, fel /D/ !�1 rvr�•�� _"',_—__�—__� l-:anx tncc vomi�[i tiv. �/•.�xi r. ct .. x, :cy='L MATCH' NE B � T - 2=2c — • cr . c.¢Ts) F � I anew ro. •a,wM.-_\.� O -AIL OUTLOT C 16 Y 17 13 12 nm 19 o t ,�., ,f , 1 .q 4Eln - <<- r BtZCk1 o Lotl � � � � _`_ � rl Hm•577lW 3,t �.m D'JTLOT G z DETAIL I Nfi7L'7iE 13,535 _ L A N D F O R M bSierW • • • • SHE T20F4SHc'-TS RESOLUTION NO.: 2019 - 82 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN RIVERWOOD NATIONAL 3RD ADDITION. WHEREAS, the City Council previously approved the final plats of the Riverwood National and Riverwood National 2n Addition; and, WHEREAS, Travis R. Wims applied for a preliminary/final plat of Riverwood National 3d Addition to subdivide Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition to adjust the lot lines between the two properties; and, WHEREAS, the final plat of Riverwood National 3rd Addition includes dedication of right-of-way and drainage and utility easements as required by the Subdivision Ordinance; and, WHEREAS, the dedication of drainage and utility easements with the final plat of Riverwood National 3rd Addition supersede and make unnecessary those drainage and utility easements previously dedicated within Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition; and, WHEREAS, the applicant has initiated vacation of the existing drainage and utility easements dedicated within Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition; and, WHEREAS, the City Council held a public hearing at their regular meeting on 9 December 2019 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the existing drainage and utility easements within Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the existing existing drainage and utility easements within Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the existing drainage and utility easements within Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition, City of Otsego, Wright County, State of Minnesota are hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 9t" day of December, 2019. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica L. Stockamp, Mayor 2 0tsF TY o MINNESOTA V APPLICANT: Travis R. Wims 3 Dec 19 FINDINGS & DECISION PRELIMINARY/FINAL PLAT APPLICATION: Request for approval of a preliminary/final plat of Riverwood National 3 I Addition. CITY COUNCIL MEETING: 9 December 2019 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the properties is Lot 27, Block 12 Riverwood National and Outlot A, Riverwood National 2nd Addition. B. The property lies within the West Sewer District and is guided for rural land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District in accordance with the ordinance adopted by the City Council on 8 July 2002. D. The applicant is requesting approval of a preliminary and final plat of 1 lot and 1 outlot to be known as Riverwood National 3d Addition. E. The planning report dated 25 November 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. F. The Planning Commission considered the application at their regular meeting on 2 December 2019; based upon a review of the application and evidence received, the Planning Commission voted 7-0 to recommend that the City Council approve the request based on the aforementioned findings. G. The Otsego City Council conducted a public hearing at their regular meeting on 9 December 2019 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1 2. Lot 1, Block 1 shall be subject to the following lot requirements and setbacks: Min. Lot Width Setbacks Front Side Rear 75ft. 35ft. House: 1Oft. Garage: 5ft. 20ft. All drainage and utility easement shall be subject to review and approval of the City Engineer. 1 3. The final plat shall be recorded by 18 March 2020 in accordance with Section 10-5-3.B.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 9t" day of December, 2019. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor