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4.2 Prairie Park EstatesRequest for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 26 August 2024 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 4.2 – Prairie Park Estates 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 the City Council approve a preliminary plat and Conditional Use Permit. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, was held by the Planning Commission 19 August 2024. BACKGROUND/JUSTIFICATION: 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 into 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 was held by the Planning Commission meeting on 19 August 2024. Mr. Begin was present as the applicant and agreed with the recommendations of City staff. Several residents surrounding the subject property spoke during the public hearing after which the public hearing was closed. Draft minutes of the Planning Commission are included for reference. The Planning Commission discussed the proposed use of a private drive to access the lots within the preliminary plat. The primary concern of several Planning Commission members was long-term maintenance and the cost of such responsibilities. A majority of the Planning Commission concluded that the use of the private driveway for the plat was appropriate in this circumstance, but did suggest consideration of a rural section street and narrower width to reduce future costs. The Planning Commission also added a condition that a fence be installed along the east side of the private drive to prevent encroachment from the Dale Lehrke Soccer Fields. The Planning Commission voted 5-1 to recommend City Council approval of the applications. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 15 August 2024 • Draft minutes of the Planning Commission meeting of August 19, 2024 • Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a Preliminary Plat and Conditional Use Permit for Prairie Park Estates subject to the conditions stated on the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: Fund 701 – Development Escrow 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 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 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 OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER August 19, 2024 7:00 PM Call to Order: Chair Alan Offerman called the meeting to order at 7:00 p.m. Roll Call: Chair Alan Offerman, Vice Chair Aaron Stritesky, Commissioners, Charles Foster, Vern Heidner, Pam Black, and Laurie Jones. Absent: Commissioner Tracy Kincanon Also Present: Mayor Stockamp and Councilmember Ryan Dunlap Staff: City Planner Daniel Licht and Deputy Clerk Katie Kalland 1. Announcements City Planner Licht noted the written public comments received for Item 3.2 will be part of the public record. 2. Consider the Following Minutes 2.1 July 15, 2024 Planning Commission Meeting Vice Chair Stritesky motioned to approve the July 15, 2024 minutes as written. Commissioner Heidner seconded. All in favor. Motion carried 6-0. 3. Public Hearing Items: 3.1 Begin Property City Planner Licht gave the planning report. Randall Begin, 9227 Napier Ave NE, applicant, was present and agreed with the planning report. Chair Offerman opened the Public Hearing at 7:07 p.m. Barb DeMars, 13030 90th Ave NE, had concerns with wetlands, potential flooding, and construction traffic. Ms. DeMars asked if the HOA will have outdoor storage regulations. Dale Cook, 9152 Naber Ave NE, stated he loves where he lives, wants to make sure the homes are nice quality. Mr. Cook asked what happens if the private drive is not maintained. Kurt Baldry, 12868 90th ST NE, asked about adding fencing to the soccer fields. Mr. Baldry would prefer no disruption of the water fowl in the nearby pond. MINUTES OF OTSEGO PLANNING COMMISSION August 19, 2024 Page 2 of 4 Jeff Hasslen, 13311 95th ST NE, asked about vacating Mr. Begin’s private drive. Don Johnson, 13195 95th ST NE, asked if he could still bow hunt in his backyard. Mr. Johnson also asked if he could subdivide his 10-acre parcel. Chair Offerman closed the Public Hearing at 7:19 p.m. City Planner Licht explained the land use policies applicable with Mr. Begin’s property. City Planner Licht stated the no discharge zone would not be changed and Mr. Johnson’s property is greater than 500 feet away from the proposed lots. City Planner Licht stated the wetland is being contained in Lot 6, Block 1 property, there are no wetland impacts, and site development will follow all state and city regulations. City Planner Licht stated outdoor storage regulations would be enforced by the Zoning Ordinance. City Planner Licht stated that homeowner associations are a contract between homeowners and the City does not have a role in it. City Planner Licht noted fencing is something the Planning Commission could add in the conditions. City Planner Licht stated the property owner is in charge of maintaining the private Drive not the City. Vice Chair Stritesky has concerns of the private drive not being maintained in the future. Commissioner Jones asked if the City could put a condition in the development contract for the developer to set up a fund for future expenses of the private drive. City Planner Licht stated the City would have to look into that. Mr. Begin noted he has confidence in the City for making the right decisions for the property. Vice Chair Stritesky asked if there was a plan for future city sewer service on the property. City Planner Licht stated it they would be available if there was an environmental need in the future otherwise it would be unlikely. Chair Offerman stated he does not like the idea of a private drive but understands the constraints of the lot. MINUTES OF OTSEGO PLANNING COMMISSION August 19, 2024 Page 3 of 4 Commissioner Foster motioned to recommend approval of a preliminary plat and Conditional Use Permit for Prairie Park Estates, subject to the 10 conditions listed on the planning report dated August 15, 2024 with 1 additional condition: 11. There shall be a 4-foot fence installed along the east platted line from 90th Street to the north line of Lot 5, Block 1, subject to review and approval of the Zoning Administrator. Motioned seconded by Jones. Voting in favor: Foster, Offerman, Jones, Black and Heidner. Voting against: Vice Chair Stritesky. Motion carried 5-1. Vice Chair Stritesky stated he voted against because of use of the private drive. 3.2 Xcel Energy City Planner Licht gave the planning report. Brian Sullivan, Xcel Energy, was present and agreed with the planning report. Mr. Sullivan explained the reasoning behind adding a new substation and choosing a location. Chair Offerman opened the Public Hearing at 7:57 p.m. Anna Vollbrecht, 9987 65th ST NE, asked about the noise of the substation, had concerns of what will this do to her property value. Michael Vollbrecht, 9987 65th ST NE, asked about the lights on the property. Chair Offerman closed the Public Hearing at 8:05 p.m. Colin McCormick, All Tag, 1550 Utica Ave S. St. Louis Park, stated the noise is comparable to a washer or vacuum, lights will be used as needed in emergency situations. Mr. McCormick noted this substation will be connected to the east/ west connection. City Planner Licht stated this property is zoned industrial and a substation is an allowed use. Commissioner Heidner asked about the landscaping of the substation. Mr. McCormick answered the surface inside the fence will be crushed limestone and grass outside the fence. Chair Offerman asked about the Interim Use Permit for the fence and adding a condition to extend the concrete fence to the east side of the property for future aesthetics. Vice Chair Stritesky motioned to recommend approval of a Zoning Map amendment, Conditional Use Permit, and Interim Use Permit for Xcel Energy Knight Substation, subject to the 7 conditions listed on the August 15, 2024 planning report and 1 additional condition: 1 FINDINGS OF FACT & DECISION PRELIMINARY PLAT/CONDITIONAL USE PERMIT PRAIRIE PARK ESTATES APPLICANT: Randall Begin APPLICATION: Request for approval of a preliminary plat and Conditional Use Permit for a subdivision to be known as Prairie Park Estates. CITY COUNCIL MEETING: 26 August 2024 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 Lot 2, Block 1, Otsego City Campus Addition, City of Otsego, Wright County, Minnesota. B. The property lies within the West Sewer District and is guided for future Low Density Residential land uses by the 2023 Otsego Comprehensive Plan, as amended. C. The property is zoned A-2, Agriculture Long Range Urban Service District. D. The applicant is proposing subdivision of the property into six lots requiring the following applications: 1. Preliminary plat in accordance with Section 10-5-2 of the Subdivision Ordinance. 2. Conditional Use Permit to allow: a. Reduction in lot area and lot width pursuant to Section 11-52-5.G of the Zoning Ordinance. b. Averaging of wetland buffers as allowed by Section 11-16-5.F of the Zoning Ordinance. c. Access by use of a private drive in accordance with Section 11-21-6.A of the Zoning Ordinance E. The Planning Commission and City Council must take into consideration the possible effects of the proposed use 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. 2 Finding: 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. Finding: 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. 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 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. Finding: 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. F. The planning report dated 15 August 2024 prepared by the City Planner, The Planning Company LLC, is incorporated herein by reference. G. The Otsego Planning Commission conducted a public hearing at their meeting on 19 August 2024 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 5-1 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 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. 3 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. 11. A fence a minimum of four feet in height shall be constructed upon the east plat line from the 90th Street right-of-way to the north line of Lot 5, Block 1, subject to review and approval of the Zoning Administrator. (Remainder of this page intentionally blank signature page to follow) 4 ADOPTED by the Otsego City Council this 26th day of August, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk