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ITEM 4.1 Corkin Estates4 VA." 10 1-1 F Otkgo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATWG,DI PARTMENT ;REQUSTOR IV[£ETING'pATE Planning City Planner Licht 13 January 2020 PRESENTER(s) RyIEUilED` BY: ' : ITEM # City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 4.1— Corkin Estates STRATEGIC VISION Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS City staff recommends approval to vacate existing drainage and utility easements, a conditional use permit and preliminary/final plat. No. I Held by Planning Commission on 6 January 2019 Dennis and Kathryn Correll own an existing 12.8 acre parcel at the southeast quadrant of 85th Street and Nashua Avenue identified as PID 118-500-204202. The parcel, which had been part of the former Stonebridge Golf Course, was initially established in accordance with a conditional use permit approved by the City Council on 9 June 2008 to allow a lot less than 20 acres within the A-2 District. A stipulation of the approved CUP is that the parcel retained 2 development rights in accordance with the 1 dwelling unit per 10 acre density allowed within the A-2 District. The property owners are proposing to subdivide the existing parcel into 2 lots, each of which would be allowed development of one single family dwelling. The proposed subdivision requires a conditional use permit, approval of a preliminary/final plat, and vacation of existing drainage and utility easements. The Planning Commission held a public hearing on 6 January 2019 to consider the application. Mr. Correll was present and agreed with the recommendation of City staff. Public comment was limited to a question from Mr. Correll's realtor regarding the potential effects of the Shoreland Overlay District on the proposed lots. City staff said that because the natural environmental lake is located west of Nashua Avenue, the Shoreland Overlay District requirements have no effect on the proposed lots. The public hearing was closed and the Planning Commission voted 7-0 to recommend approval of the applications. ■ Planning Report dated 2 January 2019 ■ Engineering Memorandum dated January 7, 2019 ■ Resolution 2020-05 vacating existing drainage and utility easements ■ Findings of fact and decision POSSIBLE MOTION "PLEASE WORD MOTION AS YQUWOUt~D LIKE ITTb APPEAR 1N TN"E<I1/11NUTE5 `• '"` Motion to adopt Resolution 2020-05 vacating existing drainage and utility easements and approve a conditional use permit and preliminary/final plat for Corkin Estates subject to the stipulations listed in the findings of fact and decision as presented. RHDGFT INFORMATION FJ.iDING N/A N/A ANALYSIS Comprehensive Plan. The subject site is located at the northern extent of 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 12.8 acre parcel is undeveloped and has 2 development rights in accordance with the conditional use permit approved by the City Council on 9 June 2008. The proposed subdivision of the subject site into a 3.16 acre lot and 8.34 acre lot 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 with each lot to limit future development to not more than 1 dwelling and prohibit additional subdivision. Zoning. The subject site is zoned A-2, Agriculture Long Range Urban Service District. Development density is limited to 1 dwelling per 10 acres within the A-2 District. The subject site is also within the Shoreland Overlay District of a natural environmental lake located west of Nashua Avenue. 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. The proposed subdivision is also consistent with the stipulations of the conditional use permit approved on 9 June 2008 that originally established the subject site as a lot of record. 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. 2 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. 9. The provisions of Section 11-4-2.F of [the Zoning Ordinance] are considered and satisfactorily met. The subject site has an irregular shape due to an existing exception parcels at the northwest and southwest corners. The lot area of proposed Lot 1, Block 1 is greater than 2.5 acres so as to allow for the lot line dividing Lots 1 and 2, Block 1 to be an extension of the rear lot line of the existing parcel to the southwest as a continuous straight line for the west lot line of Lot 2, Block 1 consistent with the provisions of Section 10-8-4.B of the Subdivision Ordinance. Both lots meet the minimum 150 foot width requirement. Clustering provisions of the A-2 District are not applicable to this proposal to divide the 1 existing lot into 2 lots using the remaining available development rights. Setbacks. The table below illustrates the required setbacks applicable to the proposed lots to be subdivided. The proposed lots each have adequate area within the required setbacks to allow for construction of a single family dwelling. A-2 District Minimum Setbacks Nashua Avenue 85th Street Side Rear From From Centerline ROW 130ft. 65ft. 10 ft. 50 ft. Right -of -Way. The subject site abuts 85th Street and Nashua Avenue. Right-of-way for 85th Street was acquired by the City as part of the 85th Street-Maclver Avenue improvement project and is shown on the preliminary and final plats. The preliminary and final plats also indicated dedication 40 feet of right-of-way for Nashua Avenue. However, additional right-of-way is required in accordance with the 2019 Wright County Transportation Plan. All right-of-way dedication is to be subject to review and approval by the City Engineer. Access. The subject site is currently accessed via a shared driveway with PID 118-500-204204. Lot 1, Block 1 is to have frontage to both 85th Street and Nashua Avenue. However, there is steep slopes in the yard along Nashua Avenue that may make the feasibility of a driveway not possible. Nashua Avenue is also planned as a potential County State Aid Highway in the future as major north -south connection through the central area of Otsego. For these reasons, City staff recommends that access to Lot 1, Block 1 be restricted to only a driveway from 85th Street. Lot 2, Block 1 will be accessed from 85th Street as this is the only public street to which the proposed lot has frontage. Utilities. Lots 1 and 2, Block 1 are to be served by individual on -site septic and well utilities. The applicant has provided a septic suitability report that identifies primary and secondary drain field sites and septic tank locations within each of the proposed lots. The lots will also be served by an on -site well Plans for the on -site septic and well utilities are to be subject to review and approval by the Building Official at the time application for building permit is submitted. Easements. Existing easements within the subject site are to be vacated concurrent with the proposed final plat. Section 11-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lots and over stormwater basins, wetlands and wetland buffers within the subject site. The City Engineer is requiring that a wetland delineation be prepared to identify existing wetlands within the subject site that are to be surrounded by a 20 foot buffer required by Section 11-16-5.F of the Zoning Ordinance and overlaid by drainage and utility easements. All easements are subject to review and approval by the City Engineer. 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 $2,640 for the additional lot created by the proposed preliminary/final plat to satisfy park and trail dedication requirements due with this application. Criteria. Consideration of the requested 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, respectively: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. M Comment: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed subdivision of the subject site into 2 rural single family lots is consistent with the interim land use plan policies of the 2012 Comprehensive Plan. 2. 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 including the subject site is guided for future low density residential land uses. As such, the proposed preliminary and final plat 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 preliminary and final plat will not generate traffic that that would exceed the current capacity of 85th Street from which the 2 lots are to be accessed. 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 Corkin Estates applications as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a vacation of existing drainage and utility easements, a conditional use permit, and preliminary/final plat for Corkin Estates, subject to the following conditions: Site Location �, 1`18(}8600001`0 ,� , . ,+,,�•. W 11'8500202404 a Z 11,8. 6500101 i85TH�5T NE �* 118500202402 85TF1 T NE 11$500204202 11 500•-0420 118265001030 ' Lu 4 s 83R❑ ST NE g w 118500203400 I 461ft Overview Legend Roads CSAHCL — CTYCL — MUNICL PRIVATEC L = TWPCL Highways Interstate — State Hwy US Hwy City/Township Limits Q c Q t ❑� Parcels 1. Lots 1 and 2, Block 1 shall be deed restricted to prohibit further subdivision until such time as rezoned to allow for development with sewer and water utilities. The preliminary and final plat shall be revised to dedicate additional of right-of- way for Nashua Avenue as determined by the City Engineer; all right-of-way dedication is to be subject to review and approval of the City Engineer. 3. Lot 1, Block 1 shall be accessed only from 85th Street; direct lot access to Nashua Avenue shall be prohibited. 4. The on -site septic and well utilities shall be subject to review and approval by the Building Official. 5. The developer shall provide a wetland delineation, designate a minimum 20 foot wetland buffer in accordance with Section 11-16-5.F of the Zoning Ordinance and overlay the wetlands and wetland buffers with a drainage and utility easement; all drainage and utility easements shall be subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to subdivision of the subject site. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance, and/or Subdivision Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk David Kendall, City Attorney Ron Wagner, City Engineer 2 1 m"n 1 I I I I A muwlu c¢mua wl"up(114 = _ate _— —T paA uxc lnw ( � !I'I �17 ,If TKuvv�uxC�IL.lir il�<J e O K U mrm� ro�anp"a '�m�ADpwr r�lmpe"'�w,�fSle'(DB(mr� � >��I r, t d�5a °O i al dm P; unuc or raaapp�� + K. 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I i LEGEND Autpr '�°""••� n umN Mannlwr scr I X Noe ® C15T-AwN IIVNUNUIt NWm Ie--a aumr nnxArc ' I um D m n P_____ ______ =' DEVELOPMEM DATA o m fr�/cmn Acrxr � ( b trt � ww wxuow wW _ �_pa__ ecn notes upfm'{arC eamule ro"rBc: I n-z.wucu� H¢-tDxc paNcc uBenrr stNmc.t�a xar we (mpM m 1. —o' F• � mHwo c4— r— tvrtura,�ma ...,.r ab 7<[i R1oM qcM-v�WAY UNE BrnNRlD AW� yAan ,�m. i6fYfm(� 1 1HBoIrcH tDr. as B01NN0 (Da rNc (tmNr r I br nw(r met tns ewer. qw. yr r� vve prapvnd by me yr under ny sot eupMelw end tMt i am v t(onnd Gnd Surveyor wder Me N¢s ei the Slvfv Deb rr/29/ly f� G(� CORKIN ESTATES 'I 'I I; 25Z 19 - FOR CITY SUBMITTAL r_ as_ / -- .. O� ,H i •, .. �i<or ucnoN c'N`%Tu1.`z ��ssrr a¢anmcsr mww m,xc '••r, o�„fi'Oq ;� � �E� ........... . zL xmop muxn'. x°Y¢z men mimfesi.^r i/° °r's[rnw'I ;:Q < _.._.. m�niiuvna'rn�'T I \ N ea•s0'1°• w / i miaR A \ q� 1 68R 94— —S06n 85 TH1 cS TR ET N.E. Hea<atpw � I �-�I P. _.._.._.._.._.._.._.._.._.._.._..—.._.._.._.._.._..__—.._.._.._.._.._-_ _ ¢x° r V II �i I �I \O� b °r THC txs,amn rn i .¢ I; c E P t ii j umw-'"r�`,n °r' u� i °ll s R I '� ° �7 I I� i xea•w.1 . x� �h a i i LFS B L O C K I I I I I C) ' LOT i ! w iT iio° Ia Pt, o , LOT c � b C] —anzs— ems• 1 s uKE p�oa° °TM i' II C� F; I i� s a°•w•,°• s ,d '�'/i'°a°°fR�aa°,a w,c,�Ro,- n ". <� i i i t-Nacmx uncam¢%`'vumriR°°cAOxa 1 °r ^` V •-- Cyr - i 14i <¢i rzm/,aaes°1 r. <� I u (I Z I I 2 �° I� i WLiPNIC SGtE M fEET VICINITY MAP SE=N 20. T. 121. R. Zs, WR COUNTY. MN (W sucE7 O Dj II"[ i (I w i i I✓ ! I ¢°TN :m. Na Tl— i . msxNt � � I r IL — -----=e0.00=------ -- -- y SITE T .T oll w NM s°� INIIr 1/��80 �ON�� /<a' �¢��J f� J ` • OENDIES INON NONUNENI £OUNO ^ `\•< ( I � ^`I "�' i n I b k,- REaaIN° nRIFJJTAnpM o pENOi6 WON MONUNENf SEf. °jM° j I @ ME WES( LINE OF ME WEST 1/2 OF THE MMKM p I .—r ND, 48664 ` D 121, SOUMEA T 1/4 OF SECTION 20. T. R. A ON= P.K. NAIL SLT ( -� 0 IS ASSUMED M BEAR N 00'ID'W W. EJ, 77 ® MOTES ALUMINUM GP MW �� OGAViVL6 Hwd 0 DENOTES --IRON MDN —FDUND CIF' 9 Si -LEFTS Main Office: - Hakanson 3601 Thurston Avenue, Anoka, MN 55303 4 Phone: 763/427-5E60 Fax: 763/427-0520 Anderson www.haa-inc.com � MEMORANDUM TO: Daniel Licht, City Planner FROM: Ronald J. Wagner, P.E., City Engineer MEETING DATE: January 6, 2020 Revised January 7, 2020 RE: Corkin Estates CC: Tami Loff, City Clerk Dave Kendall, City Attorney Adam Flaherty, City Administrator/Finance Director Dennis and Kathryn Correll — Owner and Developer Abram Niemela — Licensed Land Surveyor (Meyer-Rohlin) We have reviewed the plat for compliance with the City's subdivision ordinance and have the following comments: 1) Both lots shall have access by 85th Street only. Nashua Avenue is guided to become a County Highway with limited access per the 2019 Wright County Transportation Study. 2) Nashua Avenue ROW shall be 75' for consideration of County Highway per the 2019 Wright County Transportation Study based on Minor Arterial future status by County (see tables 6-2 and 6-3). 3) A wetland delineation is required. Any wetlands shall be placed in an outlot deeded to the City including a 20' buffer. The buffer must be included in the outlot(s). 4) Any drain tiles between ponds within the plat and extending out of the plat must be shown. All drain tile or overland flow from the ponds must be covered by a drainage and utility easement. RESOLUTION NO.: 2020 - 05 CITY OF OTSEGO COUNTY OF WRIGHT STATE OFMINNESOTA RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN CORKIN ESTATES. WHEREAS, Dennis and Kathryn Correll have applied for a final plat of Corkin Estates to subdivide the property described by Exhibit A; and, WHEREAS, the final plat of Corkin Estates will provide for dedication of drainage and utility easements as required by the Subdivision Ordinance that supersede and make unnecessary those drainage and utility easements previously dedicated within the property described by Exhibit A; and, WHEREAS, the applicant has initiated vacation of the existing drainage and utility easements dedicated within the property described by Exhibit A; and, WHEREAS, the existing drainage and utility easements within the property described by Exhibit A serve no useful public purpose upon recording the final plat of Corkin Estates; and, WHEREAS, the Otsego Planning Commission conducted a public hearing at their regular meeting on 6 January 2020 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council approve the request; and WHEREAS, the planning report dated 2 January 2020 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the engineering memorandum dated 7 January 2020 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein; and, WHEREAS, the City Council having considered all information received finds that vacating the existing drainage and utility easements within the property described by Exhibit A 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: 1. That the existing drainage and utility easements within the property described by Exhibit A are hereby vacated upon the recording of the final plat of Corkin Estates. 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 131h day of January, 2020. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: BY: Tami Loff, City Clerk W Ot�ceF o MINNrSOTA APPLICANT: Dennis and Kathryn Correll 7 January 2020 FINDINGS & DECISION Conditional Use Permit Preliminary/Final Plat APPLICATION: Request for conditional use permit and preliminary/final plat to be known as Corkin Estates. CITY COUNCIL MEETING: 13 January 2020 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 attached as Exhibit A. B. The property lies within the East Sewer District and is guided for low density residential uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-2, Agriculture Long Range Urban Service Area. D. The developer is proposing to subdivide the existing property into 2 lots; the request requires consideration of a conditional use permit allowing lots with an area less than 20 acres within the A-2 District in accordance with Section 11-52-5.G of the Zoning Ordinance. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding; The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed subdivision of the subject site into 2 rural single family lots is consistent with the interim land use plan policies of the 2012 Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding, 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 including the subject site is guided for future low density residential land uses. As such, the proposed preliminary and final plat 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. Finding: 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. Finding: The proposed preliminary and final plat will not generate traffic that that would exceed the current capacity of 85th Street from which the 2 lots are to be accessed. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: 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. F. The planning report dated 2 January 2020 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering memorandum dated January 7, 2020 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 6 January 2020 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. Lots 1 and 2, Block 1 shall be deed restricted to prohibit further subdivision until such time as rezoned to allow for development with sewer and water utilities. 2. The preliminary and final plat shall be revised to dedicate of right-of-way for Nashua Avenue as determined by the City Engineer; all right-of-way dedication is to be subject to review and approval of the City Engineer. 3. Lot 1, Block 1 shall be accessed only from 85th Street; direct lot access to Nashua Avenue shall be prohibited. 4. The on -site septic and well utilities shall be subject to review and approval by the Building Official. 5. The developer shall provide a wetland delineation, designate a minimum 20 foot wetland buffer in accordance with Section 11-16-5.F of the Zoning Ordinance and overlay the wetlands and wetland buffers with a drainage and utility easement; all drainage and utility easements shall be subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land of $2,640.00 to satisfy park and trail dedication requirements prior to release of the final plat. K MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of January, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: By: Tami Loff, City Clerk 3