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Item 3.1 Begin Property3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht REPORT DATE: 15 August 2024 120-DAY DATE: 5 November 2024 RE: Otsego – Prairie Park Estates TPC FILE: 101.02 BACKGROUND Mr. Randall Begin owns Lot 2, Block 2, Otsego Campus Addition, which is a 37.52 acre lot located west of the Dale Lehrke Fields on the north side of 90th Street at Prairie Park. Mr. Begin owned 80 acres of property that included the 10.79 acres west of his lot and the 29.80 acres acquired by the City for the Public Works/City Hall facility and aforementioned soccer fields. As part of the Otsego City Campus Addition plat, the six residential development rights remaining with the property were assigned to Lot 2, Block 2, Otsego City Campus Addition. Mr. Begin is proposing to exercise those development rights to subdivide his lot in to six lots for his existing single family dwelling and five new single family dwellings. The proposed subdivision requires application for approval of a preliminary plat as well as a Conditional Use Permit to allow lots within the A-2, Agriculture Long Range Urban Service Area with lots of less than 20 acres in area and 450 feet in width, averaged wetland buffers, and private drive access. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 19 August 2024 at 7:00PM. Exhibits: Site Location Map Existing Conditions dated 07-08-24 Preliminary Plat dated 07-08-24 Preliminary Tree Preservation Plan dated 07-08-24 Preliminary Grading & Erosion Control Plan dated 07-08-24 Preliminary Floodplain Plan dated 07-08-24 Item 3.1 2 ANALYSIS Comprehensive Plan. The subject property is located within Urban Service Expansion Area E5 established by the Sewer Staging Plan of the 2023 Comprehensive Plan. Development density within the Urban Service Expansion Area is allowed at one dwelling unit per 10 acres. The existing 37.52 acre parcel retains six development rights from the Otsego City Campus Addition, one of which is allocated for the existing single family dwelling. The preliminary plat subdividing the subject site into six lots is consistent with the interim rural use of the property guided by the Comprehensive Plan until such time as City sewer and water utilities are available. A deed restriction is to be recorded with each lot to not allow further subdivision until such time as sewer and water utilities are available. Zoning. The subject property is zoned A2 District. The proposed single family dwellings to be developed on Lots 1-5, Block 1 and the existing single family dwelling within Lot 6, Block 1 are a permitted use within the A2 District. Surrounding Uses. The table below summarizes the existing and planned land uses surrounding the subject property: Direction Land Use Plan Zoning Map Existing Use North LD Residential A1 District Rural Residential East Public INS District Dale Lehrke Fields Public Works/City Hall South Public INS District Prairie Park West LD Residential A2 District Rural Residential Hidden Creek Trails The density of the proposed preliminary plat is the same as that of the residential uses to the west of the subject property and allowed development to the north. The proposed preliminary plat is also compatible with the park uses to the east and south of the subject property with the Dale Lehrke Fields creating separation between the single family lots and quasi-industrial activity at the Public Works/City Hall facility. The proposed preliminary plat is compatible with existing and planned land uses in the area. Lot Requirements. Lots within the A2 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 and less than 450 feet in width within the A2 District by approval of a 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. 3 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 11- 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 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. Lots 1-5, Block 1 range in area between 1.2 and 1.9 acres. Lot 6, Block 1 encompassing the existing single family dwelling upon the subject property and wetlands and wetland buffers is proposed as 29.7 acres in area. 4 Lots 1 and 6, Block 1 have the required minimum lot width of 150 feet based on frontage to 90th Street. Lots 2-5, Block 1 are designed to have a minimum of 150 feet of frontage to the proposed private drive consistent with the intent of the Zoning Ordinance to provide for lots with buildable area suitable for construction of a single family dwelling. Only Lot 6, Block 1 has potential for future subdivision, but this opportunity may be restricted even with availability of City sewer and water utilities due to the extent of wetlands, wetland buffer, and floodplain within the subject property. The proposed preliminary plat is consistent with the requirement of the Zoning Ordinance for subdivision of lots within the A2 District. Setbacks. The table below outlines the setbacks for principal buildings within a lot required for the A2 District. The preliminary plat illustrates the housepads for Lots 1-5, Block 1 as being setback 80 feet from the east plat line and 35 feet from the west curb of the private drive to provide for driveway depth for each single family lot. There is sufficient area within Lots 1-5, Block 1 to accommodate construction of a single family dwelling and the existing single family dwelling within Lot 6, Block 1 complies with these setback requirements. 90th Street Private Drive (back-of-curb) Side Rear Wetland Buffer 35ft. 35ft. 10ft. 50ft. 20ft. Access. The subject property has frontage to 90th Street, which is a local street used for access to the City Hall/Public Works Facility and Prairie Park from Nashua Avenue with a connection to the west to the Hidden Creek Trails plat. The lots within the preliminary plat are proposed to be accessed via a private drive extending north of 90th Street along the east plat line abutting the Dale Lehrke Fields. Section 11-21-6.A of the Zoning Ordinance requires that all lots be accessed directly from a public street except as may be approved as a conditional use. Use of a private driveway for single family lots is not a typical arrangement for access. However, the distance between the existing wetlands and floodplain areas within the subject property limits the developable area in the southeast corner of the existing lot. There is not sufficient space to allow for dedication of a 60 foot wide right-of-way in consideration of front yard setback requirements, wetland setback requirements, and floodplain area to be able to subdivide lots meeting minimum lot area requirements warranting consideration of a private drive for this proposed preliminary plat. The developer will need to submit an ingress/egress easement document with application for final plat approval that provides for shared ownership and maintenance of the private driveway. City staff further recommends that a declaration be recorded with the deed of each lot noting the owners’ perpetual responsibility to maintain the private drive including costs for snow plowing, patching, seal coating, mill and overlays, and reconstruction. The declaration would also specifically state that the City will not accept the private drive as a public street in the future. 5 Mr. Begin uses an existing driveway along the north line of his lot and the City owned lot to the east to access Napier Avenue. This driveway is allowed to continue on the City owned lot until Mr. Begin’s existing lot is further subdivided. Mr. Begin is requesting that the existing access continue after approval of the proposed subdivision of his property until such time as he would sell Lot 6, Block 1, which would then require access be constructed to the private drive within the proposed plat. City staff is agreeable to a continuation of use the existing driveway subject to an encroachment agreement terminating the access upon sale of the Mr. Begin’s lot or a determination by the City that such access interferes with its use of its lot. Private Drive. The proposed private drive is to be constructed as a paved asphalt surface with concrete curb and gutter extending approximately 1,000 feet north of 90th Street (measured from the centerline of 90th Street to the center of the turnaround radius). The private drive is 28 feet in width from back-of-curb to back-of-curb and there is a 60 foot radius turnaround provided at the terminus end to allow service and emergency vehicle access. The dimensions of the proposed private drive are the same as the specifications for a local public street. The design and construction of the proposed private drive is to be subject to review and approval of the City Engineer. Stormwater. The developer has submitted a preliminary grading and erosion control plan for the proposed preliminary plat and calculations for stormwater management plan. The stormwater plan addresses filling of floodplain areas within the proposed lots and mitigation to maintain flood capacity. The preliminary plat is drawn to include wetlands and averaged wetland buffers required by Section 11-16-5.F of the Zoning Ordinance within Lot 1, Block 6 to be overlaid by drainage and utility easement. The developer will be required to pay a stormwater impact fee for Otsego Creek at the time of final plat approval. All grading, drainage, and erosion control issues, including floodplain and wetlands, are subject to review and approval of the City Engineer. Utilities. City sewer and water utilities are not available to the subject property. Lots 1-5, Block 1 will be served by subsurface sewage treatment systems and private wells. The preliminary grading plan identifies sites within Lots 1-5, Block 1 for a primary and secondary subsurface sewage treatment system drainfieds as required by Section 9-5-4.E of the City Code. Lot 6, Block 1 is served by an existing subsurface sewage treatment system with primary and secondary drainfield sites established with the Otsego City Campus Addition plat. All utility issues are subject to review and approval of the City Engineer. 6 Easements. Section 10-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements be dedicated at the perimeter of each lot, over all stormwater basins, wetland and wetland buffers, and floodplain areas. A drainage and utility easement is also to be dedicated over the private drive ingress/egress easement area. Existing drainage and utility easements dedicated over the subject property by the Otsego City Campus Addition plat are to be vacated as their purpose will be substituted for by easements shown on the preliminary plat. All drainage and utility easements are to be subject to review and approval of the City Engineer. Park Dedication. Subdivision of the property requires satisfaction of park dedication provisions established by Section 10-8-15 of the Subdivision Ordinance. The City can elect to received dedication of 12 percent of the net buildable area of the subject property, payment of a cash fee in lieu of land, or a combination thereof. The Parks and Recreation Department reviewed the proposed preliminary plat and recommends that park dedication requirements be satisfied by payment of a cash fee in lieu of land at the time of final plat approval. The park dedication fee in lieu of land would be charged only for Lots 1-5, Block 1 as Lot 6, Block 1 is an existing developed lot of record that does not cause additional impact to the park system. Development Contract. Section 10-10-4 of the Subdivision Ordinance requires the subdivider to execute a development contract with the City for completion of public and private improvements, establishment of securities and escrows, and payment of applicable development fees. The City Attorney will draft a Development Contract to be adopted by resolution of the City Council concurrent with the final plat approval. Criteria. Consideration of the application for a Conditional Use Permit is to be based upon, but not limited to, the following criteria set forth 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. Comment: The 2023 Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed subdivision of rural single family lots at a density of one dwelling per 10 acres, is consistent with the growth management polices of the 2023 Comprehensive Plan. 2. The proposed use’s compatibility with present and future land uses of the area. Comment: Surrounding land uses include rural residential development consistent with the character of the proposed subdivision and public park uses and the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 7 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 proposed subdivision will not generate traffic that that would exceed the current capacity of 90th Street from which the lots will 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 2023 Comprehensive Plan, the proposed subdivision can be accommodated by the City’s existing service capacity. RECOMMENDATION The proposed preliminary plat of Prairie Park Estates is consistent with the land use policies of the Comprehensive Plan and complies with the requirements of the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications subject to the stipulations as stated below. POSSIBLE ACTIONS A. Motion to recommend approval of a preliminary plat and Conditional Use Permit for Prairie Park Estates, subject to the following conditions: 1. The preliminary plat shall be valid for a period of one year from the date of approval in accordance with Minnesota Statutes 462.358, Subd. 3C., unless extended by the City Council. 2. The preliminary plat shall be developed in accordance with the plans on file with the City and the conditions set forth herein. 3. A deed restriction shall be recorded with each lot to not allow further subdivision except in accordance with the Comprehensive Plan and Zoning Ordinance. 8 4. The single family lots within the preliminary plat shall comply with the following minimum setback requirements: 90th Street Private Drive (back-of-curb) Side Rear Wetland Buffer 35ft. 35ft. 10ft. 50ft. 20ft. 5. Private Drive: a. An ingress/egress easement shall be recorded with each lot concurrent with final plat approval that provides for shared ownership and maintenance of the private driveway, subject to review and approval of City staff. b. A declaration shall be recorded with the deed of each lot concurrent with final plat approval documenting each owner’s perpetual responsibility to maintain the private drive and stating that the City will not accept the private drive as a public street in the future, subject to review and approval of City staff. c. An encroachment agreement shall be executed allowing access for Lot 6, Block 1 over Lot 1, Block 2 Otsego City Campus Addition, subject to review and approval of City staff. d. The design and construction plans for the private drive shall be subject to review and approval of the City Engineer. 6. The developer shall pay a stormwater impact fee for Otsego Creek at the time of final plat approval. 7. All grading, drainage, wetland, floodplain, and erosion control issues shall be subject to review and approval of the City Engineer. 8. All utility issues shall be subject to review and approval of the City Engineer. 9. Park dedication requirements shall be satisfied by payment of a cash fee in lieu of land for five lots at the time of final plat approval. 10. The subdivider shall execute a Development Contract with the City at the time of final plat approval as drafted by the City Attorney and subject to approval of the City Council. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. 9 c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Property Location Map 1,520 ft Overview Legend Highways Interstate State Hwy US Hwy Roads Road Labels City/Township Limits c t Parcels N Feet0 60 120PRAIRIERANDALLOTSEGO,MNEXISTING24-012507-08-2415PARK ESTATESBEGINCONDITIONS N Feet060120PRAIRIE PARK ESTATESRandall BeginOtsego, MNPRELIMINARY PLAT24-012507-08-2425 N Feet0 60 120PRAIRIE PARK ESTATESRandall BeginOtsego, MNPRELIMINARY TREEPRESERVATION PLAN24-012507-08-2435 N Feet050100PRAIRIE PARK ESTATESRandall BeginOtsego, MNPRELIMINARY GRADING &EROSION CONTROL PLAN24-012507-08-2445 PRAIRIE PARK ESTATESRandall BeginOtsego, MNPRELIMINARY FLOODPLAINPLAN24-012507-08-2455Feet03060 Main Office: 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 www.haa-inc.com MEMORANDUM TO: Honorable Mayor and City Council CC: Adam Flaherty, City Administrator Audra Etzel, City Clerk Daniel Licht, City Planner Dave Kendall, City Attorney Paul Otto, Otto Associates Randall Begin, 9227 Napier Ave – Developer/Land Owner FROM: Ronald Wagner, P.E. City Engineer DATE: August 14, 2024 RE: Prairie Park Estates We have reviewed the following information provided by Otto Associates regarding Prairie Park Estates: Preliminary Plans, dated 7/16/24 by Otto Associates Storm Water Profiles The submittal is to be considered for preliminary acceptance. We would offer the following comments: Existing Conditions 1. No comments Preliminary Plat 1. Lot 1 Block 1 driveway shall be placed as close to north property line as allowed to maximize distance from 90th St intersection. Minimum setback from north lot line is 5ft. 2. No additional comments. Preliminary Tree Preservation Plan 1. No comments Preliminary Grading and Erosion Control Plan 1. Provide bench mark in 1929 datum. 2. SWPPP Plan will be required with Final Construction Plans submittal. Preliminary Flood Plain Plan August 14, 2024 Page 2 1. Applicant has provided floodplain mitigation in excess of 1:1 and provided a drainage and utility easement over the mitigation area. Preliminary Storm Water Profile Plan 1. Applicant has provided storm water profile plans showing adequate cover over storm water piping. Wetland 1. No delineated wetlands are proposed to impacted and sufficient wetland buffer has been provided within a drainage and utility easement outside of Lots 1-5, Block 1. Additional comments 1. Storm water calculation will need to be submitted with final construction plans but storm ponding appears to be adequate to meet City requirements 2. Soils boring and Geotech data regarding ability to construct homes, private drive and septic will need to be provided with Final Construction Plans submittal, but should not be an issue with soils type typical of this location. Summary and/or Recommendation We recommend approval contingent on the above comments being addressed.