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
29 April 2020
22 May 2020
Otsego — White; A-2 District / Lot Area Conditional Use Permit
11151319131
Ms. Mary White, together with her siblings, owns a 56.91 acre parcel at the southwest
quadrant of Labeaux Avenue (CSAH 19) and 9511 Street (CSAH 39). The owners are proposing
to subdivide the property into a 44.91 acre parcel and 12.00 acre parcel. 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 4 May
2020 at 7:OOPM.
Exhibits:
■ Site Location Map
■ Parcel A Concept Plan
■ Certificate of Survey
ANALYSIS
Comprehensive Plan. The subject site is located within Urban Service Expansion Area W2
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
56.91 acre parcel is undeveloped and has 5 development rights. The applicant is proposing
subdivision of a 12.00 acre parcel (Parcel A) from the subject site that would retain 4 of the
allowed development rights with 1 development right remaining with the proposed 44.91 acre
parcel (Parcel B). Deed restrictions are to be recorded with each of the proposed parcels to
limit future development to not more than the allowed development rights. The proposed
subdivision of the property and allocation of development rights 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.
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:
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.
2
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 12.00 acre parcel (Parcel A) is to be located at the northwest corner of the
subject site with 434.19 feet for frontage to 95th Street (CSAH 39). The property owner has
provided a concept plan illustrating subdivision of the 12.00 acre parcel (Parcel A) utilizing 4 of
allowed development rights to provide lots ranging between 2.3 and 3.1 acres. Any future
subdivision of the 12.00 acre parcel (Parcel A) would require construction of an internal local
public street that is aligned with Kalenda Avenue on the north side of 95th Street (CSAH 39).
Note that the cul-de-sac shown on the concept plan would need to be located at the perimeter
of the subdivision and be removed when the street is extended at some time in the future.
The proposed subdivision of the 12.00 acre parcel (Parcel A) with allocation of 4 of the allowed
development rights is consistent with the clustering provisions of the A-2 District.
Setbacks. The table below illustrates the required setbacks applicable to the proposed parcels
to be subdivided. The proposed subdivided parcels have more than adequate area within the
required setbacks to allow for construction of a single family dwelling.
A-2 District Minimum Setbacks
Labeaux Ave. (CSAH 19)
9511 St. (CSAH 39)
Side
Rear
From
F
From
Centerline
ROW
130ft.
65ft.
10 ft.
50 ft.
Access. The 2012 Comprehensive Plan and Wright County Transportation Plan designates
Labeaux Avenue (CSAH 19) and 95th Street (CSAH 39) as a minor arterial roadways with direct
lot access to be restricted so as not to impede traffic flow. There are two existing field access
to the subject site from 95th Street (CSAH 39). One of the existing accesses will need to be
removed and a new access constructed for the 12.00 acre parcel (Parcel A). The access to
12.00 acre parcel (Parcel A) should align with Kalenda Avenue. Construction of anew access to
95th Street (CSAH 39) for Parcel A is subject to approval of Wright County.
Easements. Section 11-8-10.A of the Subdivision Ordinance requires 10 foot wide drainage and
utility easements at the perimeter of the proposed parcels. 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.
Park and Trail Dedication. The subdivision of the existing parcel creating 2 parcels 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 administrative subdivision
satisfying park and trail dedication requirements due with this application. The applicant has
already submitted the required park dedication fee in lieu of land.
Utilities. Construction of houses upon the proposed parcels will require individual on-site
septic and well utilities. Plans for the on-site septic and well utilities will subject to review and
approval by the Building Official at the time of application for building permits.
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:
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 the
property and allocation of allowed development rights 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 land uses are to continue until such time as urban services are
available. Riverwood Inn to the north of the subject site has been approved as a medical
residential and outpatient treatment facility. The Zoning Map amendment to allow for
the proposed subdivision of the subject site will be compatible with the existing and
planned land uses in the area.
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.
.19
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
Comment: The proposed subdivision will not generate traffic that that would exceed the
current capacities of Labeaux Avenue (CSAH 19) and 95th Street (CSAH 39) that abut the
subject site.
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 parcel with an area of less than 20 acres within an A-2 District
subject to the conditions 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:
1. The application for administrative subdivision shall be submitted and processed
in accordance with Section 2 of the Subdivision Ordinance.
2. The proposed 12.00 acre parcel (Parcel A) shall be deed restricted to prohibit
further subdivision into more than 4 lots until such time as rezoned to allow for
development with sewer and water utilities.
3. The 44.91 acre parcel (Parcel B) shall be deed to prohibit any further subdivision
until such time as rezoned to allow for development with sewer and water
utilities.
4. Access to Parcel A from 95th Street (CSAH 39) shall be subject to review and
approval of Wright County.
5. 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.
6. 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.
B. 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
Ron Wagner, City Engineer
David Kendall, City Attorney
Mary White, applicant
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License #40062 Date: 3-20-2020
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PROPOSED PROPERTY DESCRIPTIONS
Surveyors Note:
The Bearings shown on the drawing
are based upon the Wright County
Coordinate System and differ from
the legal description. The angles
formed by the bearings are the some.
Parcel A:
That part of the East Half of the Northwest Quarter of the Southeast Quarter of Section 14, Township
121, Range 24, Wright County, Minnesota, that lies North of the South 690.31 feet.
AND
That port of the East Half of the Southwest Quarter of the Northeast Quarter of Section 14, Township
121, Range 28, Wright County, Minnesota, that lies Southerly of the centerline of County State Aid
Highway No. 39, per the WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 6.
EXCEPT
That part of the East Half of the Northwest Quarter of the Southeast Quarter and the East Half of
the Southwest Quarter of the Northeast Quarter of Section 14, Township 121, Range 24, Wright County,
Minnesota, described as follows:
Beginning at the Northwest corner of sold East Half of the Northwest Quarter of the Southeast
Quarter, thence on on assumed bearing of South 00 degrees 06 minutes 57 seconds East along
the West line of said East Half of the Northwest Quarter of the Southeast Quarter, a distance of
266.51 feet; thence South 87 degrees 28 minutes 15 seconds East, a distance of 218.07 feet,
thence North 00 degrees 24 minutes 13 seconds West, a distance of 700.76 feet to the
intersection of a line distant 50.00 feet North, as measured at right angles to, and parallel with
the South line of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 6, thence Westerly along said
parallel line to the intersection of the West line of sold East Half of the Southwest Quarter of the
Northeast Quarter, thence South along sold line to the point of beginning.
Parcel B.
That part of the East Half of the Northeast Quarter and of the Northeast Quarter of the Southeast
Quarter lying Southerly of the centerline of County State Aid Highway No. 39, per the WRIGHT COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 6 in Section 14, Township 121, Range 24, Wright County, Minnesota.
AND
The South 690.31 feet of the East Half of the Northwest Quarter of the Southeast Quarter of Section
14, Township 121, Range 24, Wright County, Minnesota.
EXCEPT
All that part of the Southeast Quarter of Section 14, Township 121, Range 24, described as follows:
Begin at a point on the East line of said Southeast Quarter distant 250,0 feet, South of the
Northeast corner thereof, • thence South along said East line, 165.0 feet; thence West at right
angles, 297.0 feet, thence North parallel with sold East line 165.0 feet; thence East to point of
beginning.
AND EXCEPT
All that part of the Northeast Quarter of the Southeast Quarter of Section 14, Township 121, Range
24, described as beginning at a point on the East line of said Northeast Quarter of the Southeast
Quarter, o distance of 415 feet South of the Northeast corner thereof; thence West at right angles,
480 feet; thence South parallel with the East line of the Northeast Quarter of the Southeast Quarter
to intersect the South line thereof, • thence East along the South line to the Southeast corner of said
Northeast Quarter of the Southeast Quarter, thence North along said East line to the point of
beginning.
AND EXCEPT
All that part of the Southeast Quarter of Section 14, Township 121, Range 24, Wright County,
Minnesota, described as beginning at a point on the East line of said Southeast Quarter distant 250
feet South of the Northeast corner thereof, • thence West at right angles a distance of 297 feet to a
point; thence South parallel with said East line, a distance of 165 feet to a point; thence West at
right angles a distance of 264 feet to a point; thence North parallel with said East line, a distance of
330 feet to o point; thence East 561 feet, more or less, to a point on the East line of said
Southeast Quarter, 165 feet North of the point of beginning, thence South 165 feet to the point of
beginning.
Certificate of Survey on Part of the N.E.
I hereby certify that this survey, plan, or
Requested By.
denotes iron monument found
1 4 and Part of the S.E. 1 4 of Section
14, Township 121, Range 24, Wright County,
report was prepared by me or under my
direct supervision and that l am a dulyO
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denotes 9/2 inch by 94 inch iron pipe
by License #40062
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Licensed Land Surveyor under the las
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9 West Division Street
Buffalo, MN 55393
(763)682-4727
set and marked
Revised:
Date:
Drawn By:
Scale:
Checked By.
3-19-2020 - Drainage and Utility Easements - S.O.S.
L t��
3-5-2020
S.O. S.
11_ t
1 -200
P. E. O.
SSOCIATES Fax (763)682-3522
Paul E. Otto
No.
License #40062 Date: 3-20-2020
1
1 Engineers & Land Surveyors, Inc.
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20-0151