03-01-10 PCITEM 3-11
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Darkenwald Farm
REPORT DATE: 25 February 2010
NAC FILE: 176.02
BACKGROUND
John and Tonya Darkenwald own a 52.98 acre parcel located south of 70th Street
(CSAH 37), west of TH 101 at Quaday Avenue. The subject site is guided by the
Comprehensive Plan for industrial, commercial and medium to high density residential
uses as part of expansion area E2 for the east sewer district. The subject site is
currently zoned A-1, Agriculture Rural Service District. The property owner is
requesting approval of a Zoning Map amendment rezoning to A-2, Agriculture Long
Range Urban Service District, a CUP allowing a lot in the A-2 District with an area less
than 20 acres and indirect access to a lot to accommodate a division of the property into
two parcels.
Exhibits:
A. Site Location
B. Survey
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 52.98 acre parcel to A-2 District. The A-2 District allows for development at four
dwelling units per forty 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. The subject site would be allowed up to five
lots subject to applicable minimum lot requirements. In order to maintain contiguous
tracts of land for future urban development, the A-2 District requires that subdivided lots
conform either to a minimum lot area of 20 acres or that all but one lot not exceed 2.5
acres in area. The subject site is proposed to be subdivided into a 40 acre parcel
(Parcel A) with the existing farmstead and a 12.98 acre parcel (Parcel B) for a future
home site. Parcel A will require a deed restriction limiting division of the property to not
more than four lots and Parcel B will be deed restricted to not allow further subdivision
until sanitary sewer and water are available to allow for development consistent with the
future land use plan.
Lot Requirements and Setbacks. Lots within the A-2 District must have a minimum
area of 20 acres and minimum width of 450 feet. Parcel A is proposed with an area of
40 acres and is 450 feet wide at the front setback line to 70th Street. Parcel B has an
area of 12.98 acres and would be 931 feet wide along the north half of the right-of-way
for future 65th Street. Section 20-52-5.1-1 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. The approval of the CUP is to be 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.
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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 20-4-2.F of this Chapter are considered
and satisfactorily met.
The proposed 12.98 acre area of Lot 1 complies with the condition of Section 20-52-
5.H.5.c of the Zoning Ordinance above as a remnant parcel. Future subdivision of
Parcel A will be required to conform to the minimum lot area requirement of 20 acres or
the maximum lot area of 2.5 acres until rezoned with extension of sewer and water to
allow for urban land uses guided by the Comprehensive Plan. Given the area of the
two proposed lots, no resubdivision plan is to be required.
Setbacks. The table below illustrates the required setbacks applicable to the two lot
Each of the proposed lots has sufficient buildable area within compliance with these
setback requirements.
Setbacks
70th
65
Side
Rear
Wetland
Street
Street
65 ft.
35 ft.
10 ft.
50 ft.
40 ft.
Right -of -Way. The 52.98 acre parcel abuts 70th Street (CSAH 37), which is is
designated as a minor arterial street on the Transportation Plan. Based on the
Northeast Wright County Transportation Plan, 75 of right-of-way for the south half of
70th Street will be required. The existing farmstead will continue to access 70th Street
(CSAH 37) via the driveway approximately at Quaday Avenue. The need to dedicate
right-of-way for 70th Street as part of the administrative subdivision shall be determined
by Wright County.
The 12.98 acre parcel is proposed to have access by dedication 30 feet along the south
line of the property to the Citx for of the north half of right-of-way for 65th Street. The
north half right-of-way for 65t Street abuts the southeast corner of the subject site as
dedicated with the Winter Addition. Section 20-21-4.H.2 allows indirect access to a
public street by approval of a conditional use permit. Given the limited development
opportunity in this area until sanitary sewer and water utilities are made available, in
direct access to this one lot is acceptable. The property owner will be responsible for
construction and maintenance of a private driveway within the public right-of-way.
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Wetland. The applicant must submit an inventory of wetlands within the property,
which is subject to review and approval by the City Engineer. As noted above, a 40
foot building setback is required from the wetland boundary. Section 20-16-9.E.4 of the
Zoning Ordinance also requires establishment of a 20 foot buffer from the edge of the
wetland to be posted as a no -encroachment area. The wetland and wetland buffer are
to be overlaid by drainage and utility easements.
Easements. In addition to the drainage and utility easement required over the
delineated wetland and wetland buffer, Section 21-7-15 of the Subdivision Ordinance
requires 10 foot wide drainage and utility easements at the perimeter of the two
proposed parcels and overlying common lot lines. The required drainage and utility
easements are shown on the survey and are subject to review and approval by the City
Engineer.
Park and Trail Dedication. The subdivision of the subject site from one into two lots
requires 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 one additional
lot created by the subdivision satisfying park and trail dedication requirements due with
this application.
Utilities. The existing farmstead and any home built on Parcel B will be served by
individual on-site septic and well utilities. The survey must identify primary and
secondary drain field sites and septic tank locations for Parcel B. The suitability of the
lots to accommodate on site utilities is subject to review and approval by the City
Engineer.
Administrative Subdivision. The subdivision of the 52.98 acre parcel into proposed
Parcels A and B qualifies for an administrative subdivision under Section 21-2-1.0 of
the Subdivision Ordinance. The administrative subdivision is subject to review and
approval by the Zoning Administrator following approval of the Zoning Map amendment
and conditional use permit applications by the City Council.
Development Contract. There are no public improvements to be installed as part of
the preliminary/final plat. The property owner is required to enter into a development
contract with the City agreeing to record the subdivision, Zoning Map amendment and
conditional use permit, abide by any conditions of approval and dedicate right-of-way
and cash fees in lieu of land for City park and trails. The development contract is
subject to review and approval by the City Attorney.
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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 20-4-25 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 three 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
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 conforms 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 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.
RECOMMENDATION
Our office recommends approval of the applications as set forth 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
A. Motion to approve a conditional use permit subject to the following conditions:
A deed restriction shall be recorded with Parcel A prohibiting further
subdivision of more than four (4) lots unless the lots are rezoned and the
subdivided lots shall either:
a. Have a minimum lot area of 20 acres.
b. Have a maximum lot area of 2.5 acres.
2. A deed restriction shall be recorded with Parcel B prohibiting further
subdivision unless the lot is rezoned.
3. Dedication of right-of-way for 70th Street (CSAH 37) shall be subject to
review by the City Engineer and approval of Wright County.
4. Right-of-way for the north 30 feet of 65th Street shall be dedicated to the
City, subject to review and approval of the City Enigneer.
5. The applicant shall provide a delineation of wetlands within the subject
site; All delineated wetlands and the wetland buffer required by Section
20-16-9.E.4 of the Zoning Ordinance shall be overlaid by drainage and
utility easement and all wetland issues are subject to review and approval
of the City Engineer.
6. The applicant shall pay a cash fee in lieu of land of $2,600.00 to satisfy
park and trail dedication requirements applicable to the current subdivision
application.
7. The ability of the proposed lots to accommodate on site septic and well
utilities shall be subject to review and approval by the City Engineer.
8. The administrative subdivision shall be subject to review and approval by
the Zoning Administrator.
9. The applicant shall enter into a development contract with the City, subject
to review and approval by the City Attorney.
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. Mike Robertson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Casey Darkenwald, applicant
Exhibit A
118500341100
Date Created: 2/25/2010
Map Scale: 1 in = 650 ft
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