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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 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 0 Concept Plan ao Area 31 ACRFS Area = 2.4 ACRES m t t .Q 0 NNti� y C " NNot m a See Otto Associates _� O Certificate of Survey No. a 20-0151 for Boundory In/ormotion. _G C O ('4 v p W 4i N ` + C W o so sa m m c h i Fee C C Z -I-KALENDA AVE NE a c !t ■ N� 8] 3 3 OfmAR, 'i 3 I� 18] U O Q O � 60 y J ^C i N N C 41 11 z C) a W " W a 4 - Areo = 2.4 ACRES O Areo = 23 ACRES D— ji LL m� Q N N O ea L O N m� N O 163 � 218 168 f8 6 3 2 N Area 31 ACRFS Area = 2.4 ACRES m t t .Q 0 NNti� a vi o G W N U O 775 3]] v p W 4i N + C W U U h i I <Iv ti� I <I N165i71'15"W .- Drainage and Utility IVT '-7 Easement per Doc-..: No. 556978Cj p r 10 3 G►-- W :� I ' Sgvl ��Q�'i The N.W. Corner of the East 1/2 of the N.W. 1/4 of the SE. 1/4 of Section,. 14, Township 121, Range 24 4 3 1 7 C Ih a e 11J� Field Line 8' South I 7-72'09-E Property Line _ 2J8 of-..07_�. I Field Line 28' East of Property Line Field Line 25' of Property C C4, PARCEL A_ Area = 12.00 ACRES East Line of the East 1/2 of the N. W. 1/4 of the S.E. 1/4 of Section 14 J \ 4 a W / `I t <Iv t :Iv Fence Corner 16,7' ? South and 6.8' West of Property Corner South Line of the East 1/2 of the N.W. 1/4 of the S.E. 1/4 of Section 14 Certificate of Survey North Line the F 1-• I of '`NE. 1/4 of the SE. 1/4 Section 14 �+� 1/ of �PIQ wo $ v 41.25---] O1 v c 3� r♦ Q 4i 41.25 v o°gp `�U 0 Minnesota U n v 5 °o N, 0. 3 Drawn By: f ). Checked By. y? S895824 E 3-5-2020 S.O. S. 11_ t 1 -200 P. E. O. SSOCIATES Fax (763)682-3522 Paul E. Otto P </ \ v A I rr-E7 H East Line of the N.E. 1/4 0/ the S.E.-.: `V Centerline County Stale Aid 14 •'� IA1C)I/v Ir /\/'11 to /7 -\/GV` YI\l vll V\7r71 llIVI I High way No. 39 per MIGHT No' "COUNTY HIGHWAY RIGHT OF \ _ I II/%I 11 A f A \ / C 1 / / \ t i -r /'1 r /' r 71 \7 r 7 Y V/-1 I I\ I v r 7, L/ i- WA)L PLAT N0. 6. P 1 A,1 A\/ [� I A T A I /'\ Q Z —I S85b1'IS E 1739.59 _ VI -I I t L.r-I I I V L/. 1J N8972'14 480.01 �• South lineNLine 1305.39 of WR/CHT `COUNTY H/CHWAYRIGHT •�• h h OF WAY PLAT N0. IIGHT -.- .; 95TH ST. N.E. I kill, North Line the F 1-• I of '`NE. 1/4 of the SE. 1/4 Section 14 �+� 1/ of \ ° !' wo $ v 41.25---] O1 v c 3� r♦ Q 4i 41.25 v o°gp `�U 0 Minnesota U n v 5 °o N, J � l O �� 3 Drawn By: f ). Checked By. y? S895824 E West Line of the N.E. 1/4 of the S.E. / 1/4 of Section 14 PARCEL B Area = 44.91 ACRES / Drainage and Utility c Eosement per Docs. - No. 556979'1, N ;8972'14"W 1476.38 South line of the ',NE. 1/4 of the S.E. 1/4 of Section 14 Field Line 10' North of Property Lfne'"•y/41 S89'5874 E 561.00 -._ Line Parallel to the v �'• East Line of the N.E. 9� v `> ?1/4 of the S.E. 1141/ Ea U 1 of Section 14Go r v Z `'. 1 ;� 287.00 �N Irlht-County Cost Iron Monument at the N.E. • Corner of the N.E. 1/4 of the S.E 1/4 of Section 14, Township 121, Range 24 SO'oi J6"W 85.00 C IM .3 A 264 DOI ^•V -1n 297.00 F 1-• I Q N89'5824"W 480.00 �' 1 Feet wo $ v 41.25---] Q 1 j Q 4i 41.25 v o°gp �- Minnesota c � 9 West Division Street Buffalo, MN 55393 (763)682-4727 o 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 P </ \ v License #40062 Date: 3-20-2020 H East Line of the N.E. 1/4 0/ the S.E.-.: [7fject 20-0151 1/4 of Section 14 •'� Fence Line 15.0' North W I of property Line I l I Q Z , X — X X -- x E — m W N8972'14 480.01 J Q A I hereby certify that this survey, plan, or 0 200 400 denotes iron monument found Feet 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 Ke I I e Wi I I i a m s Realty Integrity N W w www.ottoassociates.com denotes 9/2 inch by 94 inch iron pipe by License #40062 Minnesota Licensed Land Surveyor under the las r of the State of Minnesota.��O f 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. [7fject 20-0151