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02-07-96 PCXcrrrt S. RadzwiU Andrew J. MacArthur Michael C. Court January 29, 1199.6 RADZWI L & COURT Attorneys dt Law 705 Central Avenue E=t PO Boz 369 St. Michael, MN 55376 (612) 497--1930 (612) 497-2599 (Fi-X) City of Otsego Planning Commission c/o Elaine.Beatty, city Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Bulow Sketch Plan Dear Planning Commission Members: I have reviewed Bob Kirmis' memo dated January 25, 1996 relative to the Buiow Skj_atch Man now under consideration and would li)�e to clarify the following: 1. Regarding alleged development rights attached to the property, the City amended the City Zoning ordinance lest year in orderIto deal with the situation where development rights are cl4imed because of a preexisting plat which does not conform - to prgsent regulations.: Based upon that amendment, the only portion..of the property proposed for development that there is'any possibility of preexisting development rights is -that area immediately adjacent to CSAH 39. Therefore, any decision to support a proposed development in the area through a PUD or otherwise wou-ld have to be primarily based .upon factors such. as the fact that the present pro osal merely fills in between existing developments, and appears toIbe a comprehensive plan for the area as opposed to piecemeal plating. 2. If the City is supportive of the idea of development in Ithis area it should be accommodated through either a PUD or expansion: of the City's Immediate Service Area and rezoning. Rezoning may1have potential pr6cedential effect. Depending upon the specifics of any proposed plat, a PUD may give the City and the Developer I more flexibility in, addressing specific concerns with the property. 3. The Developer should be aware that the property is subjectto a fee for the proposed plat's affect upon trunk drainage 'facilities P I n =^,T�JnMH11'1TM?fTHA IJnN-I I„IHT.b'rn 9F+4;T-7n-7-n 20'd _"101 Letter to -Otsego Planning Commission February 1,:1996 Page 2 within the ;City. I believe that the City Engineer has already provided per acre fee estimates for this proposal. Whether these fees are subj6ct to any possible deferment is an issue for th4 City council to address. 4. It should be understood that the costs of vacatin5 the underlying plat are to beborne by the Developer if this proposal proceeds. The Developer should provide the City with a legal description!of the proposed plat area as soon as possible if he proceeds with the development so it can be ascertained 'how difficult it will be to describe what is to be vacated. i If you have any questions regarding this matter please feel free to coAact me.1 Very.truly yours, i t �ew< 'Ma rthur. RADZWILL & COQRI cc: Bob Kiriis, NAC Larry Koshak, Hakanson Anderson j Chris Bulow i i i I f i j I Hakanson Anderson Assoc., Inc. January 30, 1996 Ms. Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Sorenson/Bulow Sketch Plan Dear Elaine: D I�;UL/Ia If �-0 222 on Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 We have reviewed the sketch plan of the Sorenson/Bulow Proposal in Section 17. We have also reviewed the comments from NAC on this matter. At this time we can only address the street access and stormwater drainage. We recommend that the service road be continued across the top of the development to access the property as has been the case easterly of this proposed development. However, it may be necessary to review the present location of access to CSAH39 with site distance conditions in mind. The present location in the Northwest corner of the Great River Acres 2nd Addition is in the middle of the CSAH39 curve. If site distance meet requirements for 55 mph condition, then it should be left at the location. This issue should be reviewed by the County Engineer. It may be necessary to move the access to CSAH39 to the middle of Block 46 of the "Old Town Plat." Service road constructicn details will need to be reviewed with the City Council. A previous decision by the City Council places this area in the North Mississippi Stormwater Taxing District. Within part of this district, new developments are charged an impact feet of $1,000 per gross acre for future trunk stormwater facilities. This charge applies to this development except for the properties lying in the Otsego Creek Taxing District. Storm drainage plans on the proposed plat must conform to the City ordinance and the adopted stormwater drainage plan. Provisions for future street access near the south end of the proposed development must be considered. FnainPPr- Landscape Architects Survevors Elaine Beatty Page 2 January 30, 1996 We will provide additional comment as the proposal proceeds through the review process. If you have any questions, please contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. jig cc: Bob Kirmis, NAC Andy MacArthur, Radzwill Bulow, Inc. OT2148.eb D uvL Kill r♦huinc♦ AcCA�'IZ1tP_['� Cions It 6 S. i11C. C O M M U N I T Y PLANNING • DESIGN • MARK E MEMORANDUM T0: Elaine Beatty FROM: Bob Kirmis DATE: 25 January 1996 RE: Otsego - Bulow Sketch Plan (Sorensen Property) FILE NO: 176.02 - 96.03 Attached please find our review of the Bulow Inc. sketch plan. Please distribute a copy of the memorandum to the Planning Commission for their informal discussion of the proposal on 7 February. If you have any questions, please do not hesitate to call. pc: Andy MacArthur Larry Koshak Wayne Fingalson Bulow Inc. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 FryA C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING - DESIGN - MARKET R E S E A R C H MEMORANDUM TO: FROM: DATE: RE: FILE NO: BACKGROUND Elaine Beatty Bob Kirmis 25 January 1996 Otsego - Bulow Sketch Plan (Sorensen Property) 176.02 - 96.03 At your request, we have conducted a brief review of the Bulow Inc. sketch plan (dated 1/23/96). The proposed 30 lot single family residential subdivision would lie upon a + 36 acre tract of land located south of County Road 39 and east of Nashua Avenue. The subject property also overlays the "Original Townsite" plat between the Bulow Estates and Great River Acres (2nd Addition) subdivisions. To accommodate the proposal, the following approvals will ultimately be necessary: 1. Vacation of Original Townsite streets which underlie the subject property. 2. Rezoning of the subject property from A-1, Agricultural Rural Service District to a PUD, Planned Unit Development designation. 3. Replat/subdivision of the property. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Sketch Plan Exhibit D - Chris Bulow Letter (1/23/96) Exhibit E - Halls Pond Watershed (District 1) 5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 ISSUES In review of the sketch plan, we offer the following comments. Zoning. The subject property is currently zoned A-1, Agricultural Rural Service, which allows a maximum residential density of one dwelling unit per 40 acres of land. To accommodate the proposed development, one of the two following options would need to be pursued. Option 1: R-3 Zoning. Rezone property to R-3, Residential Immediate Urban Service. This option would also require an expansion of the City's immediate urban service area. While development of the subject property (and R-3 zoning) could possibly be justified as "infill development", it is believed the expansion of the immediate urban service area in this area of the City is, at this time, contrary to Otsego's growth staging objectives and may set poor precedent for future development in the area. Option 2: PUD Zoning. In recognition of possible development rights associated with the Original Townsite plat, the application of a PUD zoning designation could be applied to the subject property. While accommodating the proposed residential density, the PUD application would establish the development as a unique condition which would not set poor development precedent in the area. It is the opinion of our office that a PUD zoning of the property is the most effective means of dealing with the subject site's possible existing development rights while maintaining the integrity of the City's Comprehensive Plan. Rezoning requests are considered matters of City policy to be determined by City officials. Street Vacation. To accommodate the proposed subdivision (replat), the formal vacation of street rights-of-way which underlie the subject property will be necessary. Specifically, portions of 5th, 6th, 7th, 8th, A, B, and C Streets will need to be vacated. The vacation of such streets is considered positive as they establish questionable development rights and create parcels of land which are inconsistent with current design standards. General Lot Layout. Generally speaking, the proposed lot layout and circulation pattern is considered positive by responding to site design parameters (i.e., property access limitations/opportunities, etc.). Lot Size. While the PUD zoning application does allow for some degree of lot size flexibility, it is contended that lots within the subdivision should be not less than one acre in size (sufficient to accommodate sewage treatment). K Lots within the proposed subdivision range from ± 50,000 square feet (in central area) to + 40,000 square feet (in southeastern area). As a condition of future subdivision approval, all lots should be not less than one acre (43,560 square feet) in size. Lot Width. Within R-3 Zoning Districts, a minimum lot width of 150 feet is required (measured at front yard setback). Of the total 30 lots being proposed, seven lots along the subject property's southern border provide insufficient width. As a condition of future subdivision approval, all lots should measure not less than 150 feet in width. Lot Depth. All lots have been found to exceed minimum 100 foot lot depth requirements (imposed in R-3 Districts). While the configuration of the centrally located lots (and provided depths) is considered somewhat unconventional, the proposed layout is considered conducive to future resubdivision. Setbacks. All proposed lots hold an ability to satisfy the following R-3 District setbacks: Front Yard 35 feet Side Yard 15 feet Rear Yard 20 feet To be specifically noted is that a 65 foot structure setback will be imposed along County Road 39. Thus, the ability to resubdivide those lots abutting the said roadway is questionable. Street Access. As shown on Exhibit C, the subject site is to be accessed by an eastward extension of 94th Street (former 6th Street) and via County Road 39 from the north. While the extension of 94th Street is considered positive, the following should be considered in regard to the County Road 39 access: • A westward shift of access to allow interior access opportunity for the property exception. • An eastward shift of access to align with anticipated future intersection location. • A westward extension of frontage/service road to provide property access. As shown on Exhibit E, it appears that an isolated, triangular shaped area of land lies directly south of the subject property which may not be accessible from the south or west due to the existence of a wetland. In this regard, access may only realistically be provided from the north. If such area of land is determined to be "buildable", it is recommended that the proposed subdivision be modified to provide public street access to the referenced property. 3 Access related issues should be subject to additional comment by the City Engineer. As a condition of final plat approval, direct lot access to County Road 39 shall be prohibited. County Road 39. While no additional right-of-way need be dedicated for County Road 39, future access to the roadway will require a permit from the Wright County Highway Department. Such permit issuance may require the installation of turn lanes (at the applicant's expense). Design Standards. All proposed streets have been provided 60 foot right-of-way widths consistent with applicable requirements of the City Subdivision Ordinance. Resubdivision. As a condition of future subdivision approval, a resubdivision plan should be prepared which demonstrates a manner in which lots may be resubdivided in the future. Easements. According to the Subdivision Ordinance, drainage and utility easements, a minimum of 10 feet in width must be centered on rear and other lot lines. This item will be addressed further as part of the preliminary plat submission. Grading Plan. In association with the preliminary plat application, a grading and drainage plan must be submitted. Such plan should include wetland delineations, if applicable, and will be subject to review and comment by the City Engineer. Park Dedication. The subject subdivision will be subject to comment/recommendation by the City's Park and Recreation Committee. Development Agreement. As a condition of final plat approval, the applicant will be required to enter into a development agreement with the City. If you have any questions regarding this material, please do not hesitate to call. pc: Otsego Planning Commission Andy MacArthur Larry Koshak Wayne Fingalson Bulow Inc. N EXHIBIT A - SITE LOCATIO MISSISSIPPI RIVER V-- 15 9 101112 85 3a ma 8 7 6 5 8 4 ' �i 83 #a o„ 4141400 82 1 12 3 4 i > �, 81 !{.��nl 30 I 13800-30 d ST. N.E. I 96th ST. 130 75 OF 110 '� x 8 7 77 17 8 2345 z 76 ,1 OTSEGO � ",a� '� `'"�' 7s N 79 �' 80 t no --30 ,>nH30 17764-30 w N.E. 95th ST. N0. 39 Ath 9 8 7 6 #o.ao,o ...+., .. #oor„o ,o,o N 49 = , i .. 47 v~i 46 v~i 45 o.L OTS E (� #Iola +, ro 2 3 4 5 Z ro 134 3o +001010 loo,o,o In *-m ,3a,T-w 350 CE #00,0,0 1 �i i 5th I Z " ' ST. O.L B #1030 1�' 13m -.3o -_ 9 8 7 8 50 i 4 -- -- ----- ,J110� - ,a, 40 = Q 42 m 43 Q ` pow Q 9 #to" 1= V �. #oo,o,o #oo,o,o #oo,o,o 2 3 4 5 1 8 #o "do O.L C 5 - --------- #016 weow 11,615 2R I6 5 '-' �� 5 ioo,o,o ioo,o,o #ooloto ,a 5 '(; _ ;, 25 24 23 0.L D 1 fit! '�'-3a 10 a I I /,070 p„o 7th ; - ST. w ...� ala .L E 7 c #o,.osa Z #co.o,o j #oo,o,o /ooto,o !� 63ca-3o Y y; 22 i,0021 18 <7 TSEG 9 #000t0 Z I 8 —�s32o--3o 12 ST #ooac,o #x.Oto I w _...•.•�,:'': i0o,o,o #oo,o,o 6 5 I i 3 2 1 9 m.-30 13 .L G V' ------------------ -------------- --------- I - J - I \ I 11233-3a #, t u I 1 19 nib uru�o I I 14 til I 9 I I i -' 1 400 Q 9115-30 I Z� 1 I I I 1 I 8,73--3a ill.a 18 .,76-30 {174300 NORTH �r�, iL21-JO G 17 3a 8020-30 1" = 400' P. +2150 16 2 15 o i ;;I IK 4174301 EXHIBIT B - DETAILED SITE LOCATION n76 i P NORTH t _c r33uA 'SC' - i � (kms l -t t` �: � i�l J �/f� ;r �_1 •'• (i ►6�: �SULOW I L ESTATES ' 6'177 ST. _ _..... � i� J d BULOVT N j. .,'s ESTATES 9Yr.y• _ 1" = 200' 1/23/96 .,r. -EXHIBIT C - SKETCH PLAT 2. bj/b'L/lyyb btu:hal DULuw III- Bulow, Inc. P. 0. Box 506 Elk River, MN 55330 January 23, 1996 To: City of Otsego: Council Members Planning Commission Members Staff Bulow, Inc. is planning to replat a parcel of land owned by Gary Sorensen. We hope this can be accomplished. We will vacate all streets necessary and abandon all old lots and blocks currently existing in the Old Townsite Plat, and brim the plat up to currant platting guidelines. Our Plan is to create 30-35 new building sites which will all be, not less than, 1 acre each. With development on both the east and west sides already existing, this would be an infill situation. I believe this can be accomplished by zoning it P.U.D., which would not set a precedence for other development in the area. Attached is a rough sketch of our preliminary layout. Actual lot lines may very, but this is our basic idea. If you have any questions or if I can be of any help regarding this plan please call me at (612)-441-2229. Thanks, Chris Bulow Pres. Bulow, Inc. EXHIBIT D - CHRIS BULOW LETTER � .7 7, OTSEGO 79 � so78: I 49 48 47 46 45 1 OTSEGO CEMETERY 1'. I 44 42 43 Q I i 40 I 41 N h 1 � 26 �5 24 23 LiJ I ; Q.e j pEG 2+, 22 T > I i � . I 1 i 5 4 3 I I iCO SIDER PROVISION F STREET ACCESS .—r5 CIA) s \5 0 • I 1 C I EXHIBIT E — HALLS POND WATERSHED Bulow, Inc. P. O. Box 506 Elk River, MN 55330 January 23, 1996 To: City of Otsego: Council Members Planning Commission Members Staff Bulow, Inc. is planning to replat a parcel of land owned by Gary Sorensen. We hope this can be accomplished. We will vacate all streets necessary and abandon all old lots and blocks currently wisting in the Old Townsite Plat, and bring the plat up to currant platting guidelines. Our Plan is to create 30-35 new building sites which wail all be, not less than, 1 acre each. With development on both the east and west sides already existing, this would be an infill situation. I believe this can be accomplished by zoning it RU A, which would not set a precedence for other development in the area. Attached is a rough sketch of our preUminary layout. Actual lot lines may very, but this is our basic idea. If you have any questions or if I can be of any help regarding this plan please call me at (612)-441-2229. Thanks, Cbzis Bulow Pres. Bulow, Inc. 03/02/1996 00:19 6124412229 BULOW INC. PAGE 02 PKE Lin IN, { X10 77 8 0 . . 1 1 2 ;^ -• -- -- — -- e — "" •7,:40 — �_...:..._.._:.... ',`"! _.,,; t, n. .._ � ,� •NE" r •. .. . r i• -� I . El; V t.Q ��tj, ; :9ULOW f 1 � h.s �.oy % !.� .. - � �}� � � � kms• � � • TATES ... .. _.r ...._. .... O f euLow ! 71 �;}+ X111) _ _•—, •.'i f• �- ... ._ .. .... .. g Lj c J '•/1.41. —1 � ..—..��. __� .. . 1 1 �ESTATE5IV 1,� .off^' �,:lJ:: ,-�• ,y :.:' +•!'I.14.+;`�,�•j. �'J.� ^'�I �. �rI�r�''-•(iW tkll 1:1•: .,'t,, ss r ;:i,�r�•Fi xi.; :•ir1', .:.c, �t i..',�`ii '`• J: � •",5...•y,' ,•: a, a:. 1- yb. ,g.:, ,2fJs• �,.\• .,,,,y ,•r. ry,i,,',��,// ,�•:k:.t ::r•i�'!d:% !: 'e. `.',:�''�., .;1•. .l' .'�•.$.. .j}q, i•l ..�+•'• yji. .1., ,�" '!'1'��: .., J:•y'• ,'44'!'rl.j :;!•, ,Y S .. :'r•,. :!fir.:, ...• •: 1 ••�^fir . PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission From: Elaine Beatty, City Clerk/Zoning Administrator Date: February 1, 1996 RE: Otsego - Island View Estates Second Addition - Preliminary and Final Plat File No: 176.02 - 95.02 SUMMARY: Background Mr. Wayne German has already been through the process to receive the following: 1. A Variance Approval from Section 20-53-6A.1 of the Zoning Ordinance, which stipulates that lots within R-1 Zoning Districts shall have an area of not less than 2-1/2 Acres (2.1 acre lot proposed) 2. A Variance approval to allow a Variance from the City's R-1 Zoning District lot width requirements from Section 20-53-6.A.2 of the Zoning Ordinance, which stipulates that lots within R-1 Zoning Districts shall have a width of not less than 200 ft. (142 foot width proposed). 3. Rezoning Approval to Rezone PID #118-800-142100 in Section 14, Twp 121, R24 from A-1, Agricultural Rural Service Area to R-1, Residential, Long Range Urban Service District. The three items above were all approved at the March 13, 1995 City Council Meeting and are waiting to be recorded with the final plat. PLANNING REPORT FOR ISLAND VIEW ESTATES SECOND ADDITION PAGE 2 - We now have before us a Preliminary and Final Plat of Island View Estates Second Addition. All of the issues that were brought forward and approved on March 13, 1996, including drainage pond easement, drainage and utility easements and the requirement to deed restrict Lots 1, 2, 3, Block One of Island View Estates Second Addition so no building is allowed and they must stay with their Island View Estate Lot, have been met. The Staff Recommendation: Is to approve the Island View Estates Second Addition Preliminary- and Final Plat. See attached information as to site. /141 Laine Beatty, City Clerk/Zonin& Adm. EXHIBIT A - SITE LOCATIOP EXHIBIT B - DETAILED SITE LOCATION 1 1 1 1 1 , , ' W 1 , I ' 0 U O « ' Zo I , ' g Lli of W 1 W cr- j Z O U I I � 1 n 1 y r I z � ' 1 I ' O 1 I Z _ _ _' ----------� _- ----- Ln { eNye n f ay Ito p i too, Ln.....I ' WIN 3*N I o f1 2 , � oolca I N ' Lq I � I -o ---- --------- ---- 31 If 21--- ---- - - . 3 AV 2l3lHV)1 ^3 f o I N uj a 40 a Li e g 1., , Z >> t o Z 1 4 « 1 LU In1 a _ e Vol ■ i � W ix ! %- I _ y m I 11 i n i 5 rn e i N W d '° rn O i _ T 1 i O a � z I � .....; IT----- U') ? S ; a ; a i 3 1 1 , � O 1 Y � � 1 1 1 1 t i ; a ' U 1 ' I 1 I I , � 1 1 O , a ' - - 1 � I ' 3 1 ' 1 ---`----------- 3nN3AV NTIOPI1 '3'N I.------------------------------------------+----- S ' EXHIBIT B - DETAILED SITE LOCATION CIS Li 1/I MN 3N1 A ./{ Q — t/I MN 3W !D P/i 3N 31 r� V J W f 1 1 �.i 1 G O OI z ( N / l lJ QI � c� J I n re V J 1 � Q — H1 J � Z IY �a w • io H J 1� 1 f f 1 1 �.i 1 G O z ( N / l lJ QI � c� J I n re V J 1 � Q — — — — - oa•zcs IY �a • io a� 341 1S" DD•[C 1513 3N1 40 3Nn MA 1 s31r153 M3Ie (M—ml A 3NI1 l�ld 1S3M V �1 Q w z W i '— W O t/I M 3N1 A P/I 3" WL A 3KI L53M EXHIBIT C - CONCEPTUAL SUBDIVISION PLAN I�J�-/--II W - 99th STRF-ET (PLATTED AS Rib'ER LANE, IV i vv 6 • tml Mxw+r rasa N PC Ir Il IWI A Ala MIMIm "I llms I"MIM agvTlr7O1 M"'IKP M"1/"PM P g"I" 11 M. 121. M. rl "[MIK .1 Sam r-s'o' far I 4 I I 2 I i 4 3 III AA IgiM lM P M I !/" P M K 1/I P M .B1fOI rl/. . -A"--KD-0 I s I/r P rM! 9 r R a "ffI I l P LM" P M " N P M K,/1T 7M MI" N N r1LI LJKP M ""Y/M!� ln[ P' MIM I I I M M" I/1 TN[ MMI/M 114 O P j •4 P mwrm 1{ w. 1"L 1M[. rur P rare IM UTAM. , cl ISLAND VIEW ESTATES SECOND ADDITION b• Vv a I� � rwltrw[ sla vrntn ueern Mr aoM trsa i I I I I I CITY OF TSEGO .899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 January 23, 1996 MEMO TO: Planning Commission & City Council From: Elaine Beatty, City Clerk/Zoning Adm The attached map is for your information and shows a better view of the land that is being requested to be changed to Med Density Residential in the Comprehensive Plan Amendment being requested by Neal Perlich, to be used for a golf course and housing. This map was requested by the Planning Commission so they could get a better idea of exactly where the land is. Also, please note that there is a 10 Acre parcel to be split off and retained by Milton and Larraine Shelquist as indicated on the map. I hope this information helps. Elaine i Northwest Associated Consultants, Inc. C0MJMUNITY PLANNING • DESIGN • MARKET RESEARCH PLANNING REPORT W0 FROM: DATE: RE: FILE NO: Otsego Mayor and City Council Otsego Planning Commission Bob Kirmis/David Licht 15 January 1996 Otsego - Roden CUP (1 per 40 Density Transfer) 176.02 - 96.02 EXECUTIVE SUMMARY BACKGROUND Mr. Floyd Roden has requested a conditional use permit to allow a "one per forty" transfer of development rights. Specifically, Mr.Roden wishes to transfer development rights available form a 40 acre tract of land located south of 67th Street N.E. and west of McAllister Avenue to a 5 acre tract (to be created) which lies north of the density transfer source. It is the intent of the applicant to ultimately construct a new single family dwelling upon the 5 acre lot to be created. According to applicable A-1 District provisions, density transfers to property under the same ownership are allowed via conditional use permit. In addition to the requested density transfer, approval of a conditional use permit is also necessary to allow the creation of a lot greater than 2'/2 acres in size in an A-1 Zoning District. r XA1-.__,- MI. -4 - c,,;►„ CCC . C i , ..;c- D-7,rL KANi Cr -11 iF, . (r, 19) riU..F-9837 Attached for refe-eence Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Soil Survey Exhibit D - Conceptual Subdivision Plan RECOMMENDATION Based on the following review, our office recommends approval of a conditional use permit to allow: A. A one per forty density transfer within an A-1 Zoning District. L B. The creation of a residential lot size larger than 2'/z acres in an A-1 Zoning District. Approval of the aforementioned is, however, recommended to be contingent upon the fulfillment of the following conditions: 1. The properties involved in the development rights transfer are under the same ownership. 2. The applicant pursue subdivision of the property in a manner substantially similar to that illustrated upon Exhibit D. Such subdivision (administrative) shall be subject to approval by the Zoning Administrator. 3. A deed restriction is placed upon the parcel from which the development rights have been transferred to prohibit additional development. 4. Findings are made that the subject site is capable of accommodating a private well and septic system. 5. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 6. The City Engineer provide comment/recommendation in regard to site access. 7, The proposed subdivision is subject to park dedication requirements as determined by the Park and Recreation Committee. 8. Comments from other City staff. 2 ISSUES ANALYSIS DENSITY TRANSFER CUP Review Criteria. The City Zoning Ordinance stipulates that a one per forty transfer of development rights is a conditionally permitted use in the A-1 Zoning District. According to Section 4.2.F of the Zoning Ordinance, such conditional uses may only be granted provided that: 1. The proposed actions consistency with the specific policies and provisions of the official Comprehensive Plan. The City's Comprehensive Plan allows for density transfers under the conditions outlined in the planning report. F, 2. The proposed use's compatibility with present and future land uses of the area. Land uses in this area of the City are primarily agricultural. The proposal to construct a single family home on a 5 acre lot is compatible with surrounding land uses and also protects existing farming activities in the area. 3. The proposed use's effect upon the area in which it is proposed. The single family residence should have no negative effect within the area it is proposed. 4. The proposed use's effect upon property values of the area in which it is proposed. While a detailed analysis has not been conducted, similar situations have demonstrated no negative impact upon area property values. 5, Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed single family dwelling will be minimal and will be within the capabilities of 67th Street which serves the subject property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. 3 The proposed single family dwelling unit will not overburden the City's service capacity. Property Ownership. According to the Zoning Ordinance, residential development rights may be transferred to property under the same ownership. As a condition of CUP approval, an assurance should be made that such transfer is under the same ownership. Lot Area Requirements. It is the intent of the applicant to subdivide an existing 10 acre residential parcel into two five acre parcels (transferred development right to be applied to eastern 5 acre parcel). As shown below, the proposed lot would exceed A-1 District lot requirements: Required Proposed Lot Area 1 acre 5 acres Lot Width 150 feet 250 feet Lot Depth 150 feet 840 feet While the proposed lot exceeds minimum A-1 District requirements, the creation of a residential lot larger than 2'/z acres in an A-1 District requires approval of a conditional use permit. Specific issues pertaining to this CUP request will be addressed in a later section of this report. Setbacks. Based on information provided by the applicant division of the existing 10 acre parcel into two 5 acre lots will allow conformance to the following A-1 District setback requirements: Front Yard 35 feet Side Yard 30 feet Rear Yard 50 feet Clustering. According to the Zoning Ordinance, parcels involved in development right transfers should be clustered in a contiguous fashion, except in cases where such clusters may disrupt agricultural activities. The proposed placement of a new residence directly adjacent to an existing home (located on western one-half of 10 acre parcel) is believed to satisfy the intent of the Ordinance by retaining a large contiguous parcel of land for agricultural purposes. El Subdivision. As -a condition of CUP approval, formal subdivision of the property will be necessary (minor subdivision). Thus, approval of the density transfer will be conditioned upon subdivision approval by the City Zoning Administrator. Well/Sewage Treatment. As a condition of CUP approval, a determination must be made that the proposed development site is capable of sustaining a private well and septic system. This item should be subject to comment by the City Engineer. Easements. As part of property subdivision, 10 foot wide utility and drainage easements must be provided along all lot lines. The City Engineer should provide comment/recommendation in regard to easement establishment. Property Access. 67th Street which would serve the newly created lot is classified as a "local street" by both the City and County Transportation Plans. In recognition of such F street classification, direct single lot access to the property is considered generally acceptable. This item should, however, be subject to further comment by the City Engineer. Soils. As a condition of CUP approval, findings should be made that the proposed density transfer will result in the preservation of productive farmland. According to the Wright County Soils Survey (see Attached Exhibit C), the northern portion of the proposed development site (eastern one-half of existing 10 acre parcel) holds Hayden loam soil types (6 to 12 percent slopes, moderately eroded) While such soil type is considered good for crops, erosion control practices are necessary. The southern portion of the site holds a Hayden loam soil type with 12 to 18 percent slopes. According to the soil survey this soil type has severe erosion hazards and limited suitability for crops. Deed Restriction. As a condition of CUP approval, a deed restriction must be placed upon the quarter -quarter section from which the development rights have been transferred to prohibit additional development. Park Dedication. As a condition of subsequent subdivision approval (administrative) the newly created lot should be subject to park dedication requirements as determined by the Park and Recreation Committee. Lot Size Conditional Use Permit It is the applicant's intent to apply the transferred development right to a five acre parcel of land south of 67th Street. The five acre parcel would be created via the subdivision (splitting) of an existing 10 acre residential parcel. According to Section 20-51-5.G of the 5 Zoning Ordinance, the creation of a residential lot size larger than 2 '/z acres in an A-1 Zoning District are allowed as a conditional use provided that: 1. A minimum of 150 feet of street frontage is provided. 2. The lot size expansion is the result of: a. Existing buildings occupying an area larger than the lot size minimum, or b. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. 3. In no case shall the lot size exceed ten (10) acres. 4 4. The provisions of Section 4.2.17 of the Ordinance (CUP evaluation criteria) are considered and determined to be satisfied. As previously noted, the proposed five acre lot would overlay the eastern one-half of an existing 10 acre lot. This condition results in a unique situation where, regardless of whether the land is tillable, the proposed subdivision would result in the retention of contiguous farmlands. In this regard, the proposed splitting of the 10 acre parcel is viewed as preferable to simply creating a new one acre residential parcel and allowing the continuance of the existing 10 acre residential lot. Review of site soil types has further revealed that the proposed building site is considered marginal in terms of agricultural production. CONCLUSION Based on the preceding review, our office recommends approval of a conditional use permit to allow: 1. A one per forty density transfer within an A-1 Zoning District. 2. The creation of a residential lot size larger than 2'/z acres in an A-1 Zoning District. C:1 Approval of the aforementioned conditional use permit should, however, be contingent upon the fulfillment of the conditions listed in the Executive Summary of this report. pc: Elaine Beatty Andy MacArthur Larry Koshak Floyd Roden 7 EXHIBIT A - SITE LOCATIC EXHIBIT B - DETAILED SITE LOCATIO EXHIBIT C - SOIL SURVE� ter u i t3 -p ILl' Tn n k i I �= i i ! i I I � � I i 11 'y - dl,)6) -,3 / � y 0 0 %0 l+ EXHIBIT D - CONCEPTUAL SUBDIVISION PLAN Mayor Norman F. Freske Otsego City Hall 8899 Nashua Avenue NE Otsego, MN 55330 Dear Mayor Freske & Otsego City Council Members; CSL O V R .JAN 3 11CC6 January 29, 1996 This letter has to deal with the future development of an eighteen hole golf course and approximately two hundred single family residential homesites in the city of Otsego. Our initial interest in bringing this development to Otsego began in July of 1995. Since that time we have been involved with City officials, staff meetings, Park & Rec. meetings, MPCA negotiations, Engineers and golf course design people. Riverwood Conference Center has also been involved with participation by their administrative people. We are currently scheduled on the agenda of the Otsego Planning Commission meeting February 7, 1996 at 8:00 PM, seeking a Comp Plan Amendment. Because of the magnitude of the proposed development, it will be imperative that a utility package including a sewage treatment plant, water & storm sewer, be designed and constructed to satisfy the proposed 335 acre development. In addition, discussion has suggested that such a utility package be designed to accommodate a larger area than just 335 acres. It now appears the City will not be providing funds for this utility package. The message has been, that the developers should plan on private ownership and maintenance of the proposed plant. If we are to undertake this responsibility and provide private ownership of the entire plant, we must, at this time secure an agreement from the City, in writing, that clearly states that the City will grant us a "franchise" to design, construct, maintain and operate such a utility package. This "franchise" would be privately owned by ourselves or others. _:��� '�� :_ :: --. - •-. ill �..a:.:, i D Without having this in writing, as a formal agreement, our position would be not to proceed any further with our proposed project. We cannot afford to continue unless this matter is resolved now. Once we have an agreement to this, we will become engaged in securing cost projections. First, we must know the City is willing to grant us the "franchise" in writing. We realize that in no way does this assure us the project will be approved for other reasons, or that we are also able to abort the project if costs become to great or other complications should evolve. I hope this will clarify our position and I am hopeful that this matter may be resolved by mid February. Thanks to you and all members of the Council for your prompt attention regarding this matter. Sincerely, Neal A. Perlich Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H MEMORANDUM TO: FROM: DATE.- RE: ATE:RE: FILE NO: Elaine Beatty Bob Kirmis 10 January 1996 Otsego - Riverwood Golf Course Comprehensive Plan Amendment 176.02 - 96.01 Attached please find our review of the Riverwood Golf Course Comprehensive Plan amendment request. Please distribute copies of the report to the Planning Commission and City Council. As you are aware, this item is scheduled for public hearing on 17 January. We have mailed copies of the report to Andy, Larry and the applicant. If you have any questions, please do not hesitate to call. pc: Andy MacArthur Larry Koshak Neal Perlich 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Otsego Planning Commission Daniel Licht / David Licht 10 January 1996 Otsego - Riverwood Golf Course - Comprehensive Plan Amendment 176.02 - 96.01 Mr. Neal Perlich, on behalf of Neal Perlich Realty Inc., has expressed a desire to establish a low/medium density residential development in conjunction with an 18 hole golf course which would be served by a "package" type common septic system upon a ± 335 acre tract of land located directly south of the Island View Estates subdivision between Kadler and Kahler Avenues. This request is prompted by documented septic system problems at the nearby Riverwood Conference Center. It is possible that the "package" treatment system being proposed as a part of this application may at some point in the future serve to remedy these concerns. This system may also provide for a potential connection to the adjacent Island View Estates subdivision the north of the subject property. To gain an initial indication as to the general acceptability of such use in the proposed location, the applicant has requested an amendment to the City's Comprehensive Plan to: 1. Expand the City's immediate urban service area boundary to include the subject property. 2. Amend the Land Use Plan (map and text) to accommodate low/medium density residential use upon the subject property (plan currently suggests agricultural use upon subject site). 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 Please note that a rezoning of the property has not been formally requested at this time. While still tentative in nature, the development plan calls for a + 190 acre golf course flanked by ±200 low and/or medium density residential dwelling units. Such units are intended to be served by a "package" sewage treatment system. The subject property is currently zoned A-1 Agricultural Rural Service. The northern one- third of the property lies in the Long Range Urban Service Area, while the southern two- thirds lies within the Rural Service Area. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Urban/Rural Service District Map Exhibit D - Land Use Plan Recommendation It is our office's position that determinations of land use appropriateness are policy issues to be determined by City Officials. As noted in this report, Comprehensive Plan Polices exist which both encourage and discourage the proposed use upon the subject property. Should the City find that the proposed low/medium density residential development and golf course are a generally acceptable use at the proposed location, our office would recommend the City approve the requested Comprehensive Plan Amendments subject to the following: 1. Final project approval of a development similar to the one proposed, including, but not limited to property rezoning and subdivision 2. A determination is made by the City that the proposed use will have no adverse environmental impacts (preparation of an Environmental Impact statement is not required). 3. Comments from other City staff. 2 ISSUES ANALYSIS As noted previously, the applicant has requested the following changes to the Comprehensive Plan: Expansion of the immediate urban service area boundary to include the subject site. 2. Amendment to the City's Land Use Plan to suggest low/medium density residential development upon the subject site. Urban Service Area/Land Use Plan Amendment. As shown on Exhibit C, the subject site currently overlays both the City's Rural Service District and the Long Range Urban Service District. The Rural Service District is intended to define preferred areas of the City where agricultural activities may occur. The Long Range Urban Service District is intended to serve as a transition between urban and rural areas of the City. To accommodate the proposed development (residential densities), it is necessary to expand the boundaries of the immediate urban service area to include the subject +335 acre property. The geographic delineation of the immediate urban service area is based in part on an ability, at some future point, to accommodate public sanitary sewer service. A portion of the subject property is located south of County Road 39 and is designated for agricultural use in the Land Use Plan. Therefore it is also necessary to amend the Land Use Plan to suggest low/medium density residential land use (in place of agricultural uses) upon the subject property in order to accommodate the proposed development Evaluation Criteria. In consideration of Comprehensive Plan amendment requests, the City should consider the possible adverse effects of the proposed amendment. Generally speaking, a decision regarding the amendment should be based upon, but not limited to, the following: 1. The proposed action's consistency with the specific policies and provisions of the official Comprehensive Plan. Obviously, the proposed low/medium density residential use of the subject property is not consistent with the agricultural use suggested on the Land Use Plan (south of County Road 39). The existing agricultural designation south of County Road 39 is intended to reflect and maintain an existing cohesive land use pattern and assumes that sanitary sewer service is unavailable to the area. 3 North of County Road 39, long term low density residential development has been suggested. Such land use is intended to provide an for infilling of existing development in the area (south of Island View Estates and recognize the desirability of proximity to the Mississippi River. The Comprehensive Plan includes goals and policies which tend to both encourage and discourage the proposed low/medium density use of the subject site. Goals and policies which would tend to support the proposed use include: • To the extent possible, provide a variety of dwelling unit types and balanced housing stock to satisfy the needs, desires and income levels of all people. • Land use allocations are to be balanced with economic market demands and service availability. 11 • All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the community as a whole. • Land use development shall be related to and reflect transportation needs, desired development and community priorities. • Once established, geographic land use designations and related zoning classifications shall be changed only when it can be demonstrated that such modifications are in the best interest of the community on a long range perspective and such changes will promote land use compatibility and pre- determined goals and policies of the Comprehensive Plan. • The housing needs of the entire community shall be addressed and responded to. • To the extent possible, a variety of housing types, styles and choices is to be created and maintained. • Land uses and environmental quality are to be maintained and where necessary, upgraded. 0 Goals and'policies which would tend to discourage the proposed use include: • Protect and preserve prime agricultural lands and the economic viability of farming operations. • Permit growth on a phased basis providing for a logical extension of urban growth and related community services. • Boundary limits for urban expansion shall be clearly delineated and non - farming types uses shall be prohibited from encroaching into agricultural areas. • All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate w uses within the context of the community as a whole. • Land use development shall be related to and reflect transportation needs, desired development and community priorities. 2. The proposed use is or will be compatible with present and future land uses of the area. In considering the appropriateness of a particular land use, it is generally beneficial to examine neighboring land uses. The following is a listing of land uses which surround the subject property and their zoning designations: Direction Land Use Zoning North Single Family Residential (Island View Estates) R-1 South Agricultural A-1 East Agricultural/Single Family Residential A -1/R-3 West Agricultural A-1 Based on a review of surrounding uses, it would appear that area of the site north of County Road 39 may be conducive to low/medium density residential development. Low/medium residential development south of the County road would be bounded on all sides by agricultural uses. In this regard, its appropriateness may be debatable. This is not to say, however, that the proposed use could not compatibly exist upon the subject property. 5 3. The proposed use conforms with all applicable performance standards. While the City has not received a detailed plan application, any development upon the subject site would be required to comply with applicable zoning and subdivision standards. 4. The proposed use's effect upon the area in which it is proposed. Measurable effects of the proposed use cannot be determined until such time as a detailed development plan is submitted. Based on the development's size (± 335 acres), the preparation of an environmental worksheet will be required. Ultimately project approval will be conditioned on a finding of no adverse environmental impact. 5. The proposed use's impact upon property values of the area in which it is proposed. There is no evidence that the proposed use will depreciate area property values. Based upon comparable situations, a depreciation of area property values is not anticipated. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. The traffic generated by the proposed use and related impacts will be dependent on the number of residential dwelling units. As such, this criteria cannot be fully evaluated until such time as a formal development application is received. In this regard, any improvements to adjacent streets will need to be evaluated when a development proposal has been formalized. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities and its potential to overburden the City's service capacity. The proposed development will clearly impact the City's service capacity. While the intent to establish a "package" sewage treatment system would likely address utility service issues, other related service requirements (police/fire protection, snow plowing, etc.) must be considered and evaluated by the City. Immediate Urban Service Area Nature. By nature, the Immediate Urban Service Area generally defines areas where development may occur without negative impacts when evaluated against the criteria described above. At this point, the applicant is only seeking to determine the City's position regarding the acceptability of the proposed land use over the subject property. Should the City determine that the suggested land use is appropriate for the area and approve the requested Comprehensive Plan amendments, a formal development application would be forthcoming. It is not inconceivable however, that circumstances may arise where no development application is received and for some reason the project is determine to be unfeasible by the applicant. To protect the City from such a potential action approval of the requested amendments should be subject to City approval of forthcoming development application(s) submitted by the applicant. Rezoning. As part of a formal development application, rezoning of the subject property will be necessary to accommodate the suggested low/medium density residential uses which are anticipated. The subject property's existing A-1 zoning designation does not allow residential units at the density suggested. A determination of future zoning district application will be made at such time as when a formal development plan application is received. Private Sanitary Sewer. The applicant has indicated that the proposed development would be served by a common private "package" sanitary sewer system. Such a system will be subject to State and City review and approval as part of future project review. CONCLUSION Mr. Neal Perlich, on behalf of Neal Perlich Reality, Inc. has requested an amendment to the Otsego Comprehensive Plan to: 1. Expand the City's immediate urban service area boundary to include the subject property. 2. Amend the Land Use Plan (map and text) to accommodate low/medium density residential use upon the subject property (plan currently suggests agricultural use upon subject site). The intent of the applicant's request for Comprehensive Plan amendments is to determine the City's position regarding the establishment of low and medium density housing and golf course on a tract of land located in the western portion of the City. While no formal development plan/proposal has been submitted at this time, it is anticipated a formal development application (rezoning, subdivision) will be forthcoming should the Comprehensive Plan amendments be approved. It is therefore recommended that approval of the applicant's request for Comprehensive plan Amendments be contingent 7 upon ultimate receipt and approval of a complete development application. Our office's recommendations regarding the requested Comprehensive Plan amendments are further detailed in the Executive Summary of this report. PC. Elaine Beatty Andrew MacArthur Larry Koshak Neal Perlich 0 EX H l BIT A SITE LOCATION Otsego, WIN j, :X I Minnesota 65th ST 01 Z WI" St Z11f, (n rrI x M M X >T X - Urban/Rural M a] > Service Concept --62nd SI (.ITT or 2nd ST RICE 0 01 62nd ST Li A (Kwl L Both ST X;Cjtl. it 601h -u n !nded by Resolution NO. 94-70, 10 January 1994 Immediate Urban Service Area Long Range Urban Service Area Rural Service Area Specific Immediate Urban Service Area Boundary to be determined by Engineering Study PREPARED BY: Forthwest Associated Consultants, Inc. ....... 77th ST 77th ST•• :XXXX 160TIV: " MAP IS " PILAHNHQ PLW*NMS OWT ANO SHMILD NOT 91 UMD �rHIEW MWOM ai Iti AKASUF11-b"111 AM MINE 15 14 13 18 4 BASE MAP SOLIFICE: ST 26 Z5th 92nd ST WF"T COUNTY —W-: SURVEYORS OFFICE 7-25-89 4f 70th ST 70th ST 70t4 N •ri• < 9 �' 67th y, T •Dt 7P 6 33 34 35 651h ST X 0 0 0: & 67th ST XX .5 SCALE IN MILES 22 23 2419 3 44 X.: 04AP PATU 85(h ST SEPTEMBER 1989 8 -3rd S1. Both ST Both ST 65th ST 01 Z WI" St Z11f, (n rrI x M M X >T X - Urban/Rural M a] > Service Concept --62nd SI (.ITT or 2nd ST RICE 0 01 62nd ST Li A (Kwl L Both ST X;Cjtl. it 601h -u n !nded by Resolution NO. 94-70, 10 January 1994 Immediate Urban Service Area Long Range Urban Service Area Rural Service Area Specific Immediate Urban Service Area Boundary to be determined by Engineering Study PREPARED BY: Forthwest Associated Consultants, Inc. ....... 77th ST 77th ST•• :XXXX 160TIV: " MAP IS " PILAHNHQ PLW*NMS OWT ANO SHMILD NOT 91 UMD �rHIEW MWOM AKASUF11-b"111 AM MINE 27 sT 25 30 BASE MAP SOLIFICE: ST 26 Z5th WF"T COUNTY —W-: SURVEYORS OFFICE 7-25-89 4f 70th ST 70th ST 70t4 •• •ri• W ' 67th ST �' 67th y, T •Dt 7P 6 33 34 35 651h ST 35 32 0 0: & 65th ST 01 Z WI" St Z11f, (n rrI x M M X >T X - Urban/Rural M a] > Service Concept --62nd SI (.ITT or 2nd ST RICE 0 01 62nd ST Li A (Kwl L Both ST X;Cjtl. it 601h -u n !nded by Resolution NO. 94-70, 10 January 1994 Immediate Urban Service Area Long Range Urban Service Area Rural Service Area Specific Immediate Urban Service Area Boundary to be determined by Engineering Study PREPARED BY: Forthwest Associated Consultants, Inc. ....... _ Otsego, _:_.- inn ta :.t::::::::::.. M eso .yly, .. �•..... '•: :may: ':.:i1.i )�!�fMl(M► 14 15 921e ST Wi and cenic District Boun I a r y Y t z 87th ST ,� ::: 1 .5 0 1 < 2 SCALE IN MILES 22 23 � 24 ,�19 ::.'esi*s>::::;:;.:::••:..:' `:`:: 55th ST z .':i : :;: :•: :•:t rA► art o ;;j ; SEPTEMBER 1989 8Yd ST. '' 4'G•; 60th ST 601h STf: :.:•' ,.,,::. :.' iT :. :: •`S' •\ MOTL TNS MAP IS F011'IAJSM6G 4J 77th st 77th St T .'- .:•: ':::!: rtwoscs c.ar AMO SHOULD :• •. NO BE L"D WHEM PPECI [ < < < `< '•� ` t.cASII*LJEWf$ AAC MlOLW". 7 75th st 25 30 Q ': ': 21� :•: ST ` 2 u ......... 26 Y rr. ; BASE MAP SOURCE < m < H ;: '':• 'r f': WRC+9COUNTY - < ;:}:�::�:�:�:�;:. ....:•:::•: •::: :: �• . - SURVEYORS OFFICE 7.2589 70th ST 70th ST _ 70th ST �.'�}Sf �''7• ti Y 671h ST pr 6711, 3530 ^ = 31 32 ' 33 0 34 I3 35 65th ST ... . 'P:•:•:;:;. 3 / = < 62nd STf- sU, 0 L 62nd si `"' 6cth sT 6}t, ST a Z M Agricultural ®- Highway Commercial (134 ac.) o X Low Density Residential ®- Industrial (536. ac.) C = Land Use 0 — PREPARED BY: U' - - Medium/High Density Residential (229 ac.) [ -Park/Public Facility M ED Plan - ---- - ®- Neighborhood Commercial m Land uses dependent upon Hwy. FNrthwest -I 101 upgrade and sewer availibility Associated r D Consultants, Inc. Z 0