11-05-97 PCNORTHWEST ASSOCIATED CONSULTANTS
NINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Bob Kirmis / David Licht
DATE: 22 October 1997
RE: Otsego - Barthel/McKenzie CUP - 1 per 40 Density Transfer
FILE NO: 176.02 - 97.19
EXECUTIVE SUMMARY
Background
Ms. Nancy Barthel and Mr. Raymond McKenzie have requested a conditional use permit
to allow a "1 per 40" transfer of development rights. Specifically, the applicants wish to
transfer development rights available from a 40 acre tract of land located north of 60th
Street (County Road 37) and west of Oakwood Avenue to a tract (to be created) which lies
south of the density transfer source.
According to applicable A-1 District provisions, density transfers to property under the
same ownership are allowed via conditional use permit.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Site Survey
Exhibit D - Soils Survey
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
Recommendation
Based on the following review of the request in comparison to City policies and
regulations, our office recommends approval of a conditional use permit to allow a 1 per
40 density transfer within an A-1 Zoning District subject to the following conditions:
1. The proposed residential lot is increased to one acre in size (excluding 60th Street
right-of-way).
2. Consideration is given to shifting the proposed building site ± 700 feet to the east
to comply with the "clustering" directive of the Zoning Ordinance. This issue should
be subject to comment/recommendation of the City Engineer.
3. The properties involved in the development rights transfer are under the same
ownership.
4. The proposed subdivision is subject to administrative approval by the Zoning
Administrator.
5. A deed restriction is placed upon the parcel from which the development rights have
been transferred to prohibit additional development.
6. Findings are made that the subject site is capable of accommodating a private well
and septic system.
7. The City Engineer provide comment/recommendation in regard to drainage and
utility easement establishment.
8. The City Engineer and Wright County Highway Department provide comment/
recommendation in regard to site access.
9. The proposed subdivision is subject to park dedication requirements as determined
by the Park and Recreation Committee.
10. Comments from other City staff.
ISSUES ANALYSIS
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 be only granted
provided that:
2
1. The proposed action's 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 Zoning Ordinance.
2. The proposed use's compatibility with present and future land uses of the
area.
Land uses in the area of the City are primarily agricultural. The proposal to
construct a single family home on a one acre lot is compatible with surrounding land
uses and also protects existing farming activities in the area.
3. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
As a condition of CUP approval, all applicable performance standards must be met.
4. 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.
5. The proposed use's impact 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.
6. 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 60th Street (County Road 37) which serves the subject
property.
7. The proposed'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 single family dwelling unit will not overburden the City's service
capacity.
3
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 transfer a development right
to a parcel located directly north of 60th Street (County Road 37). According to A-1
District provisions, the proposed lot comply with the following requirements:
Lot Area
Lot Width
Lot Depth
Minimum Requirement
1 acre*
150 feet
150 feet
* Lots over one acre in size require a processing of a CUP
While the proposed lot (as illustrated on Exhibit C) does comply with applicable width and
depth requirements, the lot (excluding the 60th Street right-of-way measures only 37,000
square feet in size. As a condition of CUP approval, the proposed lot must be increased
to one acre in area (excluding 60th Street right-of-way).
Setbacks. As shown below, the proposed residence meets the following A-1 District
setback requirements:
Required
Proposed
Setback
Setback
Front Yard 65 feet*
85 feet
Side Yard 30 feet
57 feet
Rear Yard 50 feet
+ 70 feet
* Applicable to County roads
Clustering. According to the Zoning Ordinance, parcels involved in development
transfers should be clustered in a contiguous fashion, except in cases where such clusters
may disrupt agricultural activities. As shown on Exhibit B, two dwelling sites exist in the
quarter -quarter section to the east. Acknowledging that such quarter -quarter section to
the east is under the same ownership as the quarter -quarter section in which the dwelling
has been proposed, consideration should be given to clustering the proposed dwelling site
with existing lots to the east. This issue will be subject to further discussion in the "soils"
section of this report.
F61
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 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 the property subdivision, ten foot wide utility and drainage
easements should be provided along all lot lines. The City Engineer should provide
comment and recommendation in regard to easement establishment.
Property Access. The proposed lot would be served by County Road 37 (60th Street).
Such street is classified as a major collector roadway within the Wright County
Transportation Plan. To the extent possible, direct single family lot access to major
collector streets should be minimized. This issue should be subject to further comment by
the City Engineer and Wright County Highway Department.
Soils. As a condition of CUP approval, findings should be made that the proposed
density transfer will result in the preservation of production farmland. As mentioned
previously, the Ordinance further states that parcels involved in development transfers
should be clustered in a contiguous fashion, except where such clusters may disrupt
agricultural activities. According to the Wright County Soils Survey (see attached Exhibit
D), the proposed building site overlays a Hayden Loam soil type (2 to 6 percent slope).
Such soil is considered good for crops and pasture if well managed. The soil type is
classified as a "group 4" building site. Group 4 building sites are considered good for
residences and foundations. Typically, the soil type requires larger drain fields for septic
systems than other soil types.
Consistent with the clustering requirements of the Ordinance, consideration to clustering
the proposed residential site with the existing residence's which lie ± 700 feet to the east
(property to the east is under the same ownership). The City Engineer should provide
specific comment and recommendation in regard to area soil conditions.
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 a determined by the
Park and Recreation Committee.
5
CONCLUSION
Based on the preceding review, our office recommends
permit to allow a "1 per 40" density transfer within the A-1
conditions listed in the Executive Summary of this report.
pc: Elaine Beatty
Andy MacArthur
Kevin Kielb
Nancy Barthel/Raymond McKenzie
Wayne Fingalson
0
approval of a conditional use
Zoning District subject to the
EXHIBIT A - SITE LOCATIO
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