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3.9 Carron Zoning Map Amendment and CUP Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 May 2023 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.9 – Carron STRATEGIC VISION MEETS: THE CITY OF OTSEGO: 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 RECOMMENDATION: City staff recommends approval of a Zoning Map amendment and Conditional Use Permit. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 15 May 2023. BACKGROUND/JUSTIFICATION: Randall and Deborah Carron own a 20-acre parcel located between Mason Avenue and Nashua Avenue at 12860 83rd Street NE. There is currently a farmstead with a single-family dwelling on the property. The property owners are proposing to subdivide a five-acre parcel west of the farmstead from the balance of the property as a new home site for themselves. The proposed subdivision may be processed administratively but requires prior approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and a Conditional Use Permit allowing a lot in the A-2 District with an area less than 20 acres. A public hearing was held by the Planning Commission meeting at their meeting on 15 May 2023. Mr. and Ms. Carron were present and agreed with the City staff recommendation. There were no public comments, and the public hearing was closed. The Planning Commission had no concerns or questions regarding the application. The Planning Commission voted 6-0 to recommend approval of the application as outlined in the attached findings of fact. SUPPORTING DOCUMENTS ATTACHED: ▪ Planning Report dated 9 May 2023 ▪ Findings of Fact and Decision; Zoning Map amendment ▪ Ordinance 2023-05 amending the Zoning Map ▪ Findings of Fact and Decision; Conditional Use Permit POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-05 amending the Zoning Map and approve a conditional use permit for Randall and Deborah Carron for PID 118-500-194102. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht RE: Otsego – Carron; A-2 District Zoning Map Amendment/CUP REPORT DATE: 9 May 2023 60-DAY DATE: 17 June 2023 TPC FILE: 101.02 BACKGROUND Randall and Deborah Carron own a 20 acre parcel located between Mason Avenue and Nashua Avenue at 12860 83rd Street. There is currently a farmstead with a single family dwelling on the property. The property owners are proposing to subdivide a five acre parcel west of the farmstead from the balance of the property as a new home site for themselves. The proposed subdivision may be processed administratively, but requires prior approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and a Conditional Use Permit allowing a lot in the A-2 District with an area less than 20 acres. A public hearing has been noticed for the Planning Commission meeting on 15 May 2023 at 7:00PM. Exhibits: A. Site Location B. Sketch plan ANALYSIS Comprehensive Plan. The subject site is located within Urban Service Expansion Area W1 and is guided for future Low Density Residential development. The interim land use plan of the Comprehensive Plan limits development of the property to one dwelling per 10 acres until it is to be subdivided for development connected to sewer and water utilities. Based on the density 2 limits established by the Comprehensive Plan, one additional development right exists with the existing 20 acre property. The parcels will be deed restricted as part of the administrative subdivision to prohibit further subdivision until rezoned and connected to utilities. Zoning. The subject site is zoned A-1 District, which allows development density at one dwelling unit per 40 acres and the minimum lot size for lots established after October 2002 is 20 acres. The property owners are requesting a rezoning of the parcel to A-2 District. The A-2 District allows for development at a density of one dwelling per 10 acres and subdivision of lots less than 20 acres in area by 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. Section 11-52-5.H of the Zoning Ordinance allows for the creation 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.B 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 20- 52-6.C 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 3 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. The applicant is proposing to subdivide a parcel approximately five acres in area by drawing a line along the west side of the farmstead from 83rd Street to the north property line. The proposed subdivision of the property in this manner is logical based on the established farmstead boundaries and the minimal distance farmstead north property line that may make future subdivision difficult if the proposed subdivision did not also extend to the north property line. and The configuration of the proposed lot meets the criteria established by the Zoning Ordinance to allow a lot less than 20 acres in area but larger than 2.5 acres. Setbacks. The table below illustrates the required setbacks applicable to the subject site and the proposed lot to be subdivided as outlined in Section 11-52-6.C of the Zoning Ordinance. The proposed property to be subdivided and the existing buildings within the farmstead will comply with these setbacks, which will be confirmed on a certificate of survey. Minimum Setbacks ROW Side Rear Principal Building 35ft. 10ft. 50 ft. Accessory Building 35ft.. 10ft. 10ft. Park and Trail Dedication. The subdivision of the subject site to create an additional parcel is subject to requirements for dedication of land for park purposes. The Parks System Master Plan does not identify acquisition of land from th e subject site. City staff recommends that park dedication requirements for the administrative subdivision be satisfied by payment of a cash fee in lieu of land for the proposed parcel to be created. The park dedication fee will be required to be paid prior to recording of the administrative subdivision. Utilities. The farmstead is served by an existing individual on-site septic and well. Construction of the new home will require the property owner to demonstrate that there is space for a septic system and well within the proposed lot. All on-site utilities are subject to review and approval by the Building Official at time a building permit is requested. Easements. Section 10-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on the survey to subdivide the lot administratively. A 30 foot roadway easement will also be required for the north half of 83rd Street abutting the subject property. All easements are to be subject to review and approval by the City Engineer. 4 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: 1. 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 rezoning will allow for a subdivision of the remaining allowed rural development entitlement keeling the existing farmstead with the balance of the property for future development as guided by the Comprehensive Plan consistent with the interim land use plan policies. 2. The proposed use’s compatibility with present and future land uses of the area. Comment: There are five rural residential dwellings along 83rd Street between Mason Avenue and Nashua Avenue, including the existing farmstead within the subject site. The proposed subdivision and construction of a new rural residential dwelling 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. 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 traffic generated by an additional rural residential dwelling can be accommodated by access to 83rd Street with connections to Mason Avenue and Nashua Avenue. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: 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 as outlined below. 5 POSSIBLE ACTIONS  Motion to recommend City Council approval of a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District and 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 4 of the Subdivision Ordinance. 2. The parcels shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 3. Park dedication requirements for the proposed administrative subdivision application shall be satisfied by payment of a cash fee in lieu of land dedication prior to recording the administrative subdivision. 4. Dedication of drainage and utility easements and roadway easements with the administrative subdivision shall be subject to review and approval of the City Engineer.  Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance.  Motion to table. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Property Location 921 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels v1-16May23 1 ZONING MAP AMENDMENT FINDINGS OF FACT & DECISION APPLICANT: Randall and Deborah Carron APPLICATION: Request to amend the Zoning Map. CITY COUNCIL MEETING: 22 May 2023 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 property is: The South 20 acres of the Following Total Tract: The Northeast Quarter of the Southeast Quarter and the South Half of the Southeast Quarter of the Northeast Quarter, all in Section 19, Township 121, Range 23, Wright County, Minnesota. B. The property lies within Urban Service Expansion Area W1 and is guided for Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The applicant is proposing to amend the Zoning Map to rezone the property to A-2, Agriculture Long Range Urban Service District. E. 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 rezoning will allow for a subdivision of the remaining allowed rural development entitlement keeling the existing farmstead with the balance of the property for future development as guided by the Comprehensive Plan consistent with the interim land use plan policies. 2. The proposed use’s compatibility with present and future land uses of the area. Finding: There are five rural residential dwellings along 83rd Street between Mason Avenue and Nashua Avenue, including the existing farmstead within the subject site. The proposed subdivision and construction of a new rural residential dwelling will be compatible with the existing and planned land uses surrounding the subject site. v1-16May23 2 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 traffic generated by an additional rural residential dwelling can be accommodated by access to 83rd Street with connections to Mason Avenue and Nashua Avenue. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City’s existing service capacity. F. The planning report dated 9 May 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 May 2023 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 6-0 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. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of May, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk ORDINANCE NO.: 2023-05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described as: The South 20 acres of the Following Total Tract: The Northeast Quarter of the Southeast Quarter and the South Half of the Southeast Quarter of the Northeast Quarter, all in Section 19, Township 121, Range 23, Wright County, Minnesota. Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District designation to A-2, Agriculture Long Range Urban Service District. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of May, 2023. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:__________________________ Audra Etzel, City Clerk v1-16May23 1 CONDITIONAL USE PERMIT FINDINGS OF FACT & DECISION APPLICANT: Randall and Deborah Carron APPLICATION: Request for a Conditional Use Permit to allow a lot less than 20 acres in area and 450 feet in width within an A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 22 May 2023 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 property is: The South 20 acres of the Following Total Tract: The Northeast Quarter of the Southeast Quarter and the South Half of the Southeast Quarter of the Northeast Quarter, all in Section 19, Township 121, Range 23, Wright County, Minnesota. B. The property lies within Urban Service Expansion Area W1 and is guided for Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-2 District. D. The applicant is proposing to subdivide a lot from the property with an area less than 20 acres and width less than 450 feet, which requires approval of a Conditional Use Permit in accordance with Section 11-52-5.H of the Zoning Ordinance. E. 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 11-4-2.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 rezoning will allow for a subdivision of the remaining allowed rural development entitlement keeling the existing farmstead with the balance of the property for future development as guided by the Comprehensive Plan consistent with the interim land use plan policies. v1-16May23 2 2. The proposed use’s compatibility with present and future land uses of the area. Finding: There are five rural residential dwellings along 83rd Street between Mason Avenue and Nashua Avenue, including the existing farmstead within the subject site. The proposed subdivision and construction of a new rural residential dwelling 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 traffic generated by an additional rural residential dwelling can be accommodated by access to 83rd Street with connections to Mason Avenue and Nashua Avenue. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City’s existing service capacity. F. The planning report dated 9 May 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 May 2023 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 6-0 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. The application for administrative subdivision shall be submitted and processed in accordance with Section 4 of the Subdivision Ordinance. 2. The parcels shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 3. Park dedication requirements for the proposed administrative subdivision application shall be satisfied by payment of a cash fee in lieu of land dedication prior to recording the administrative subdivision. 4. Dedication of drainage and utility easements and roadway easements with the administrative subdivision shall be subject to review and approval of the City Engineer. v1-16May23 3 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of May, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk