ITEM 3.3 Jalger Avenue0
OtkzoF
MINNESOTA V
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning City Planner Licht 11 August 2014
PRESENTER(s): REVIEWED BY: ITEM #:
Consent Agenda City Administrator Johnson 3.3 —Jalger Avenue
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of vacation of a portion of existing right-of-way for 100th Street east of
Jalger Avenue and drainage and utility easement and approval of a PUD -CUP allowing 9090 100th Street
to have less than 200 feet of frontage to a public right-of-way.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No. Held by Planning Commission on 4 August 2014.
BACKGROUND/JUSTIFICATION:
The City initiated a public improvement project to pave Jalger Avenue and 100th Street north of 95th
Street (CSAH 39) after receipt of a petition from a majority of the property owners abutting the streets.
The project included a modified cul-de-sac design for the section of 100th Street east of Jalger Avenue to
allow access to two abutting single family lots at 9090 100th Street and 9950 Jalger Avenue and address
encroachments within the current public right-of-way. With the construction of the modified cul-de-sac
on the east end of 100th Street, the City is proposing to vacate a portion of the existing right-of-way to
the adjacent property owners. The proposed right-of-way vacation would result in the property at 9090
100th Street having less than the required frontage to a public street necessitating consideration of a
PUD -CUP concurrent with the right-of-way vacation.
The Planning Commission held a public hearing on 4 August 2014 to consider these applications. There
were no public comments. The public hearing was closed and the Planning Commission voted 6-0 to
recommend City Council approval of the vacations and PUD -CUP. A resolution vacating the existing
public right-of-way and drainage and utility easement and findings of fact approving a PUD -CUP
consistent with the recommendation of the Planning Commission are attached for consideration by the
City Council.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 30 July 2014
B. Resolution 2014-53 vacating existing public right-of-way and drainage and utility easements
C. FlndinRS of Fact
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Resolution 2014-53 vacating existing public right-of-way and drainage and utility
easements approve a PUD -CUP allowing the property at 9090 100th Street to have less than 200 feet of
frontage to a public street.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
❑ NO
NA
Ar_TIr1Al TAKFN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPQ@PlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 30 July 2014
RE: Otsego — Jalger Avenue; ROW Vacation/PUD-CUP
TPC FILE: 101.01
BACKGROUND
The City initiated a public improvement project to pave Jalger Avenue and 100th Street
north of 95th Street (CSAH 39) after receipt of a petition from a majority of the property
owners abutting the streets. The project included a modified cul-de-sac design for the
section of 100th Street east of Jalger Avenue to allow access to two abutting single
family lots at 9090 100th Street and 9950 Jalger Avenue and address encroachments
within the current public right-of-way. With the construction of the modified cul-de-sac
on the east end of 100th Street, the City is proposing to vacate a portion of the existing
right-of-way to the adjacent property owners. The proposed right-of-way vacation
would result in the property at 9090 100th Street having less than the required frontage
to a public street necessitating consideration of a PUD -CUP concurrent with the right-of-
way vacation. A public hearing has been noticed for the Planning Commission meeting
on 4 August 2014 at 7:OOPM to consider the application.
F0'.701:1fO
A. Site Location
B. Right-of-way vacation
ANALYSIS
Street Improvement. Jalger Avenue and 100th Street have been paved with a
bituminous surface. Right-of-way for 100th Street includes cul-de-sac radii at the east
and west termini. However, at the east terminus of 100th Street, there was no
constructed cul-de-sac in place. Driveways to 9090 100th Street and 9950 Jalger
Avenue came together and intersected the gravel public street where it turned west at
approximately 90 degrees. There are also encroachments into the public right-of-way
including a fence and septic drainfield related to 9950 Jalger Avenue. As part of the
improvement project, the City Engineer designed the intersection of Jalger Avenue and
100th Street to extend in a radius to the east to allow for the driveways of 9090 100th
Street and 9950 Jalger Avenue to access the public street in a similar manner as
existed prior to the project and make snow removal easier.
The pavement for 100th Street east of Jalger Avenue is entirely within the portion of the
existing 60 foot right-of-way. As such, the right-of-way for the cul-de-sac turnaround on
100th Street east of Jalger Avenue is proposed to be vacated to eliminate the existing
encroachment issues as the right-of-way for the cul-de-sac turnaround no longer serves
a public purpose. Moreoever, when the property to the east was preliminary platted as
Hamlet's Creekside Addition, extension of 100th Street to provide a second access to
the development was evaluated and determined to be not physically feasible. Without
a public purpose for the right-of-way and no possibility to extend 100th Street to the east
in the future, it is appropriate for the City to vacate the right-of-way.
PUD -CUP. The zoning of 9090 100th Street and 9950 Jalger Avenue is R-1,
Residential Long Range Urban Service District (River Frontage) and WSRR, Wild,
Scenic Recreational River District. Section 20-61-6 of the Zoning Ordinance requires
that lots within the R-1 District have a minimum of 200 feet of frontage to a public right-
of-way. Section 20-21-4.H.2 of the Zoning Ordinance further requires that the two lots
each have direct access to a public street. Both lots have driveways directly to the
improved Jalger Avenue/1001 Street. However, 9090 100th Street is 290 feet wide but
has only 130 feet of frontage to the existing right-of-way for 100th Street, which would be
reduced to 60 feet with the proposed vacation, increasing the non -conforming condition.
The City has initiated consideration of a PUD -CUP to allow the reduced lot width of 60
and eliminate the existing non -conforming condition. Consideration of the PUD -CUP is
to be based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the
Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment: The Comprehensive Plan includes a policy to phase out existing
gravel roadways in developed areas of the City and a goal to ensure that all land
uses have appropriate access. The PUD -CUP is proposed as a result of a
street improvement project eliminating an existing gravel street and maintaining
appropriate access to existing developed lots. The PUD -CUP eliminates the
non -conforming status of the subject site, which is also consistent with the
Comprehensive Plan. Finally, the PUD -CUP is intent of the Zoning Ordinance for
regulations for minimum frontage to ensure useable lots and appropriate access
as existing lot lines and development of the subject site will not change.
V
2. The proposed use's compatibility with present and future land uses of the area.
Comment. The area adjacent to JalgerAvenue and 100th Street consists of
rural service single family residential lots. No change to existing lot lines or the
character of the subject site will result from approval of the proposed PUD -CUP
and, therefore, there will be no affect 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 PUD -CUP (and related vacation) will result in
elimination of existing non -conforming conditions and encroachments within the
public right-of-way. The proposed PUD -CUP will not affect compliance with any
other requirements of the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment. Approval of the proposed PUD -CUP will not alter existin access to
a public street by the subject site and will not affect traffic utilizing 100 h Street
and Jalger 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 improvement of Jalger Avenue and 100th Street reduces the
City's service requirements for the public street, facilitates maintenance and will
eliminate existing encroachments into the public right-of-way.
RECOMMENDATION
City staff recommends vacation of a portion of existing right-of-way for 100th Street east
of Jalger Avenue and approval of a PUD -CUP allowing 9090 100th Street to have only
60 feet of frontage to a public right-of-way.
POSSIBLE MOTIONS
A. Motion to recommend City Council approval of vacation of a portion of public
right-of-way for 100th Street east of Jalger Avenue and a PUD -CUP allowing the
lot at 9090 100th Street to have 60 feet of frontage to a public street, subject to
the following condition:
The south line of PID 118-113-001030 shall be deemed as the front lot
line of the property for definition of yards and setback requirements.
B. Motion to recommend the request be denied based on finding that the right-of-
way serves a public purpose and the PUD -CUP is not consistent with the
Comprehensive Plan and Zoning Ordinance.
C. Motion to table.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Douglas and Patricia Antony (9090 100th Street)
Brad and Kimberly Kalliomaa (9950 Jalger Avenue)
4
o u o O 0
Z rn
Yom' v` 3
pY�M ug w N•o p;,oa`€Oy m
Ei
O o
X LLI
U)
v w o0 3 Ern.- o W 4
o.0 0,4; n �" 3 ya Z 2.8- o oM `odt'o u Rtl� o �O{n°% w �bA O
_v oOva N
3 u�«'vaY Y o �° F ma uu "'zov«Z. x o� C e��aQ.°.. L� i
¢0..°'6Y-. rn € O_ ao = op,Ynvuu%c '.� Koo ri +. Oo $
E N rno� O u 6 % wJ 0] U o t iR
m!;2_ 5-0 Ca
° € ° ° yOri v W M « aY °«e o.o as
o Qu
Qa ��aJ cp
O a vV)�60amaco. -QuC...0.oYr0pO3nyV.
0n zoEOOF JY
Z-_wAft
ZJ
'nF
0�1U�n:er
. 9��
etOE0
F .J F�Q9cCYuno0_ 0 - « cY,oQ%o
"R & o0 Wn
'pE owYo Ya
N Z-.10 Fa-
moo: T Y D.�n �p> > >
Z m nz oYv > YY a (n Ld u$ ii Z v_Qo ozo F_o m c Y S
.5 3 _°i%°rndx ° 0 3 allo o Q u% ° N3nn Ym E° o [
o� °pw Qwa.- m = $F rn %` u z iYat•...00 `o CA
Ow c" 00
Q 80�300 o w .°.oZ ° u 'sY' 0- uouu; o b3 3
a %° ° N QOw i N `CaY U Z ti
> 5'L' oo w'Y°m u « ou v` F =« a « 0000��Eo,o,'o o (0 C.4
u.r YC_W nOa a C�.r •jC a Y N a NO
Mv00'o .°p appo .. i!m . < N n OY Ca F- a _ w` nZ�
°U 30MU �y M1 j ._ -0 06 saY+ i\i Q p o Ot ow�Yppj ..o
L % J Y
'�h « N rda' Yom, U a S-z- w
o SOuoo E° ` °- ac % o'- M w 'V oEYotu
~ Tu 29 -WO
uu-6N �0 0 Yin o a auk v 2 °ZS aoo uEOo
C= «ahw ONY CO OrNC %«a a ap Wa. a O•o wH -.0 �3• \8
p 9 u v Y 3 C Y F> .O O
3G °.0:6
3 rntQE ou« ou n� ¢
Ya uo<o na 'o w cow t ° to cW°«VOodiu-Ri—,' z� S
ng v ol000 `a o.a aY-o i-O to aSp ~ o. n° Cp3rn..�oQ [fig
O_ it Eu-'u tt `o �o N#O WF w, ..� EosrM cJn = k 4
o o Eo oa moo �n w Y°° Xo Y> o HN Eorr a9
p«%°o°zo �a as IE,K ma a �wm u� av ciu°ZoIC4 no
IM
CJ rt
MN iJ _ q
oo
JNp 8 w� CJ -a°
o % T
N mar
N CJ
W o0 d�Z
�f5 JI(C�1E aC
�O> / rn90 oja
(R Rik 3 Y 6i F
f�� 1 oscmu3j
o>
u>
N� / zmw
Q V! 1
/ T_O -
omo
`o
F �>
LIJ
O� O iw '\n j-YNa
zYma / OO/ Ix 77. / 00 3 �>
U03 poU O� Omps �/
Om p pw
; En o o LIJ
alME
oo=h I ->
aJmce
00 9 -7
- 0010l- - / 3.00,OON INOLL100V
_ _00'01 M31Ai13A1a S,W02LLS1118 rad
Na=I a op' oM--"'�luewaso3 A 8611 3? 96YuloJ0
z; w 1
W la 3.00,00.00N \\
f i M M3N213AI8 S,14OLI151118 f �
c -Nz (n II 'l 43018'4101 to aull 1SOM—� Nz
Y o I °�_ p ( YMO
u>a �.� `u�oE I — (3AIda AIM SV 03LLtlld) _ _ �p-
I �in
o a'p
w"im3 _ a EuoSE Hmi'i
O 7o C�1 3s w O «mea M taw
%L I N p u 3�m� o of s
a N-
4 Cw �m �.� I �I� m
wo
-----
------•
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-53
RESOLUTION VACATING CERTAIN PUBLIC RIGHT-OF-WAY FOR 100TH STREET AND DRAINAGE AND
UTILITY EASEMENT DEDICATED WITH THE PLAT OF BILLSTROM'S RIVERVIEW ADDITION
WITHIN THE CITY OF OTSEGO
WHEREAS, the City of Otsego has initiated of vacation of certain public right-of-way for 100th
Street and drainage and utility easement dedicated with the plat of BILLSTROM'S RIVERVIEW ADDITION
within the City of Otsego; and,
WHEREAS, the public right-of-way and drainage and utility easement to be vacated are legally
described as shown on attached Exhibit A; and,
WHEREAS, the City Engineer has determined that the public right-of-way and drainage and
utility easement described in Exhibit A is no longer required for public purposes; and,
WHEREAS, the Otsego Planning Commission held a public hearing at their regular meeting on 4
August 2014 to consider the application, preceded by published and mailed notice. Based upon review
of the application and evidence received, the Otsego Planning Commission closed the public hearing and
recommended by a 6-0 vote that the City Council approve the request based on the aforementioned
findings.
NOW, THERFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota
that:
1. That the public right-of-way and drainage and utility easement as set forth herein is no longer
needed for public purposes and are hereby vacated.
2. That the City Council specifically finds that there is no damage to the affected property resulting
from the vacation and thus no damages are awarded.
MOTION BY:
SECOND BY:
IN FAVOR:
OPPOSED:
ADOPTED by the City Council of the City of Otsego this 111h Day of August, 2014
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
0
OtCI�ezoF
MINNESOTA CDP
APPLICANT: City of Otsego
08-05-14
FINDINGS & DECISION
PUD -CUP
APPLICATION: Request for approval of a PUD -CUP allowing PID 118-113-001030 to have less
than 200 feet of frontage to a public street.
CITY COUNCIL MEETING: 11 August 2014
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. Lot, 3, Block 1, Billstrom's Riverview Addition, City of Otsego, County of Wright, State of
Minnesota.
B. The property lies within the Rural Residential Preserve Area and is guided for rural
residential land uses uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned R-1, Long Range Urban Service District and WSRR, Wild Scenic
Recreational River District, which allows single family dwellings as a permitted use.
D. The R-1 District and WSRR District requires lots have a minimum of 200 feet of frontage to a
public street; The City has initiated vacation of a portion of the right-of-way of 100th Street
that would leave the subject site with 25.86 feet of frontage to a public right-of-way. The City
has initiated consideration of a PUD -CUP to allow for the subject site to have less than the
minimum frontage required by the Zoning Ordinance following vacation of the public right-of-
way.
E. The Planning Commission and City Council must take into consideration the possible effects
of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-21 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The Comprehensive Plan includes a policy to phase out existing gravel
roadways in developed areas of the City and a goal to ensure that all land uses have
appropriate access. The PUD -CUP is proposed as a result of a street improvement
project eliminating an existing gravel street and maintaining appropriate access to
existing developed lots. The PUD -CUP eliminates the non -conforming status of the
subject site, which is also consistent with the Comprehensive Plan. Finally, the PUD -
CUP is intent of the Zoning Ordinance for regulations for minimum frontage to ensure
useable lots and appropriate access as existing lot lines and development of the
subject site will not change.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The area adjacent to Jalger Avenue and 100th Street consists of rural
service single family residential lots. No change to existing lot lines or the character
of the subject site will result from approval of the proposed PUD -CUP and, therefore,
there will be no affect 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.
Finding: The proposed PUD -CUP (and related vacation) will result in elimination of
existing non -conforming conditions and encroachments within the public right-of-way.
The proposed PUD -CUP will not affect compliance with any other requirements of the
Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: Approval of the proposed PUD -CUP will not alter existing access to a
public street by the subject site and will not affect traffic utilizing 100th Street and
Jalger 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 improvement of Jalger Avenue and 100th Street reduces the City's
service requirements for the public street, facilitates maintenance and will eliminate
existing encroachments into the public right-of-way.
F. The planning report dated 30 July 2014 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission held a public hearing at their regular meeting on 4 August
2014 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and 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 and is subject to the following conditions:
The south line of PID 118-113-001030 shall be deemed as the front lot line of the property for
definition of yards and setback requirements.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
ADOPTED by the City Council of the City of Otsego this 11th day of August, 2014.
Attest:
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor