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ITEM 2.2I- I=M 2-2 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPCPPlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Arlene Lindenfelser; Zoning Map Amendment/CUP REPORT DATE: 11 September 2014 ACTION DEADLINE: 26 October 2014 TPC FILE: 101.02 BACKGROUND Trustees of the Arlene Lindenfelser Revocable Trust are seeking to divide the existing single family dwelling from the balance of the 118.17 acre site used for agricultural cultivation. The subject site is guided by the Comprehensive Plan for future low density residential uses and is currently zoned A-1, Agriculture Rural Service District and is also within the Shoreland Overlay District of a natural environment lake east of the property. The property owner is requesting approval of a Zoning Map amendment rezoning to A- 2, Agriculture Long Range Urban Service District and a CUP allowing a lot in the A-2 District with an area less than 20 acres to allow for an administrative subdivision of one lot. Exhibits: A. Site Location ANALYSIS Comprehensive Plan. 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 applicant is requesting a rezoning of the subject site having an area of 118.17 acres to A-2 District. The A-2 District allows for development at one dwelling unit 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. A subdivision was approved on 14 April 1992 subdividing one lot from the subject site but there are 11 entitlements remaining with the property under the current Comprehensive Plan, including the existing single family dwelling. Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum width of 450 feet. S In order to maintain contiguous tracts of land for future urban development, the A-2 District requires that subdivided lots conform either to this minimum lot area of 20 acres or that all but one lot not exceed 2.5 acres in area subject to approval of a conditional use permit. The applicant is proposing to subdivide the existing single family dwelling onto a lot having an area of not more than 2.5 acres. Section 20-52-5.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: All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20-52-6.8 of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20-52-6. C of this Chapter. C. One (1) development right as allowed by Section 20-52-6.8 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. 2 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 20-4-2.F of this Chapter are considered and satisfactorily met. The area of the developed yard surrounding the existing single family dwelling is approximately one acre in acre, which would comply with both the minimum and maximum lot area regulations in the A-2 District and there is adequate space to comply with applicable setback requirements. A concept plan for utilization of the balance of the agricultural property is not necessary at this time as only the existing single family dwelling is being subdivided. The subdivision application may be processed administratively in accordance with Section 2 of the Subdivision Ordinance. An application to subdivide additional lots within five years from the date of approval of an administrative subdivision will require application for preliminary and final plat approval as established by Section 21-2-1.0 of the Subdivision Ordinance. The remaining agricultural parcel will be required to be deed restricted to not more than 10 additional development rights. Access. The subject site is accessed from Kadler Avenue, which is a paved rural section roadway. The Kadler Avenue exists by prescriptive easement allowing the City rights to the maintained portion of the roadway. The subdivision of the single family dwelling on to a separate lot will not effect the capacity of the street. Setbacks. The table below illustrates the required setbacks applicable to the subject sites and the proposed lot to be subdivided. The proposed lot will need to demonstrate compliance with the required minimum side and rear setbacks. The front setback of the existing single family dwelling is not effected by the proposed subdivision. Minimum Setbacks Kadler Side Rear Ave. 65 ft. 10 ft. 50 ft. Easements. Section 21-7-15 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 be submitted to subdivide the lot administratively and are subject to review and approval by the City Engineer. Park and Trail Dedication. The subdivision of the subject site to create an additional lot will require dedication of land or a cash fee in lieu of land for park and trail dedication. City staff recommends that the applicant pay a cash fee in lieu of land for the additional lot created by the administrative subdivision satisfying park and trail dedication requirements due with this application. Utilities. The proposed lot would be served by individual on-site septic and well utilities. The applicant must identify primary and secondary drain field sites and septic tank locations with the application for the administrative subdivision. The suitability of the lots to accommodate on site utilities is subject to review and approval by the City Engineer. 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 20-3-21 and Section 20-4-2.17 of the Zoning Ordinance: 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 up to 11 rural single family lots, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: Surrounding land uses currently consist of primarily agricultural -rural service area uses and large lot single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, 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. 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 use is not anticipated to generate traffic that will overwhelm the capabilities of the existing streets serving the property. 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. El RECOMMENDATION City staff recommends approval of the requested Zoning Map amendment and CUP as outlined below. POSSIBLE ACTIONS Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Conditional Use Permit and Preliminary/Final Plat A. Motion to approve a conditional use permit allowing administrative subdivision of a lot with an area less than 20 acres within the A-2 District, subject to the following conditions: The application for administrative subdivision shall be submitted and processed in accordance with Section 2 of the Subdivision Ordinance. 2. The maximum area of the lot proposed to be subdivided shall be 2.5 net acres with a minimum width of 150 feet and shall comply with all other applicable lot and setback requirements of the A-2 District. 3. The balance of the 118.17 acre parcels shall be deed restricted after subdivision of the single family lot to not more than ten development rights. 4. The proposed lot to be subdivided shall provide drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 5. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 6. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the City Engineer. 5 B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Doug Lindenfelser/LeRoy Lindenfelser, applicants Cel CL s c 3 12