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05-07-01 PC"ORTI M RST ASSOCIATRo CONSULTANTS* INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT -Review #2 TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE: 1 May 2001 RE: Otsego - Meadowlands PUD; Rezoning/Preliminary Plat FILE NO.: 176.02 - 01.04 BACKGROUND S&Z Investments and Bulow Incorporated have submitted a preliminary plat for development of 43 single family lots and one outlot entitled "Meadowlands" on 99 acres located east of Nashua Avenue, across from City Hall. The subject site is within the Urban Service Area Reserve designated by the 1998 Comprehensive Plan Update and is zoned A-1, Agricultural -Rural Service District. The property is also within the Shoreland Overlay District, as there is a designated natural environment lake identified by the DNR. This property was the subject of two previous concept plans 50 and 75 residential lots that would have provided for single family lots served by common septic and well systems. The applicant is no longer pursuing common utilities as the concept plan approval limited the number of lots to 54, which does not balance the cost of related storm water improvements. As such, this application presents a significantly altered design with lot sizes based upon rural service standards. Implementation of this project requires an amendment to the Comprehensive Plan to expand the Long Range Service Area, base district rezoning from A-1 District to R-3 District and PUD -CUP to adapt development within the Shoreland District. Exhibits: A. Subject Site B. Preliminary Plat C. Grading Plan ANALYSIS Comprehensive Plan. This subject parcel is currently within the Urban Service Area Reserve, which allows a maximum density of four units per 40 acres. Areas where one - acre rural service development occurred were designated as a Long Range Urban Service Area by the 1998 Comprehensive Plan Update. Therefore, the City must amend the Comprehensive Plan to allowfor the proposed project, by including the property within the Long Range Urban Service Area. The subject parcel abuts the Long Range Urban Service Area on part of its north boundary and the length of its east boundary. Provision of sanitary sewer service to Otsego was based in part upon the potential environmental concerns created by the City's historic one -acre rural service development pattern. The Comprehensive Plan did not anticipate further expansion of the Long Range Urban Service Area due not only to these environmental concerns, but the financial commitments made for sanitary sewer and water services. The Comprehensive Plan did expect that remaining large parcels within these areas may be subject to further development pressure. The City would allow infill development of the Long Range Urban Service Areas only if at least one of the following criteria could be satisfied. These criteria may also be used to decide if expanding the Long Range Urban Service Area is advisable to accommodate this project. a. Completion of an unfinished street network. Comment. The project as presented does not provide for extension of any local street network, although a future connection to 87' Street may be possible. b. Such development shall have the result of the correction or improvement of a demonstrated area drainage problem. Comment: A drainage problem exists during high rainfall seasons where the lake on the subject property overflows and floods existing residential areas to the east. As part of this project, the applicant is proposing to correct this issue by paying for and installing storm water drainage facilities on the subject property and Nashua Avenue. C. The dedication of lands to a legitimate public purpose (i.e., desired parks, public facility structures, right-of-way dedication, etc.). Comment. The project provides for the dedication of necessary storm water drainage facilities. -2- The previous concept plans were more consistent with the Comprehensive Plan concerning the proliferation of on-site septic systems. The Planning Commission and City Council must evaluate the public benefit of the storm water improvements against allowing additional unsewered development in determining if this project is appropriate Zoning. The applicant has designed the project based upon R-3 District and Shoreland Overlay District Standards. As part of the subdivision design, the applicant is proposing that the density within the project be based upon the PUD -CUP tier method outlined by Section 20-92-19. Sections 20-3-2.F and 20-4-21 of the Zoning Ordinance outline specific criteria the Planning Commission and City Council are to consider concerning the zoning map amendment and PUD -CUP: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Planning Commission and City Council's findings regarding the Comprehensive Plan amendment largely determine the proposed project's consistency with the Comprehensive Plan discussed above. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject property is surrounded to the east and northeast to by one acre, non-sewered development, which are in the Long Range Urban Service Area. Properties to the north and south are designated for continued agricultural/rural land uses as part of the Urban Service Area Reserve. City Hall is west of the subject site. The development of suburban single family lots on the subject site would be compatible with these existing and planned uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment. The proposed project will be required to conform to all applicable requirements of the City's Zoning and Subdivision Ordinances. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed development may have a positive effect on the area by correcting the existing drainage problems. Potential negative impacts to the area involve potentially siphoning development interest from the Sanitary Sewer Service District and expansion of on-site septic systems. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, no negative impact to area property values is anticipated to be caused by the project. -3- 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The property is served by Nashua Avenue, which is designated as a minor arterial street by the Comprehensive Plan. This street has adequate access to serve traffic generated by the project. Provision of a second access to the project is an issue. 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. Comment: Of primary concern in allowing on-site septic systems is the potential future need for municipal sanitary sewer service. Outside of utilities, the development is located in close proximity to other developed areas requiring City services such as street maintenance, park facilities, policelfire protection, etc. Access. All lots are to have access via an internal local street. This local street has one intersection with Nashua Avenue, which is a designated minor arterial roadway. The intersection is located directly across from the north entrance to City Hall. City Staff has reviewed the spacing needs along this roadway in consideration of the planned extension of 90"' Street as part of the proposed Hidden Trails subdivision. If 90th Street is constructed, these two intersections would be approximately 400 feet apart. Although Section 21-7-7.N would require at least 500 feet between these intersections, the physical limitations of an access to the south or one that aligns at 90th Street are problematic. Because the access to City Hall is not likely to be removed, City Staff is comfortable with the proposed intersection alignment. An additional concern remains secondary access to the subdivision. The City Council directed that the extension of 90'hStreet east to O'Brian Avenue be removed, as part of the concept plan review. In place of a full street, a 20 foot corridor has been proposed. We concur with the City Engineer's concerns that such a corridor does not allow for sufficient emergency vehicle access to what is a 3,000 foot cul-de-sac and that a full street section is necessary. An alternative to provide adequate access is connection through to 87' Street at the southeast corner of the property, although this would require acquisition of land from two property owners. Consistent with the previous concept plan approval, a future street connection has been provided from this subdivision to the property to the north. Blocks. Section 21-7-3 of the Subdivision Ordinance limits block length to 1,200 feet to allowfor intra neighborhood connections and access. Within this project, Block 1 exceeds this requirement due to the location of the lake. Block 2 also exceeds the block length standard due to existing development to the north and east. -4- Lot Design. The subdivision design is based on the Shoreland PUD allowances outlined in Section 20-92-17 of the Zoning Ordinance, which bases the number of lots that may be included within the project on density and location proximate to the waterbody, versus the a defined minimum lot size or width. The density calculation is based on defined 400 foot wide tiers that radiate outward from the ordinary high watermark (OHWM). The buildable area within each tier is calculated and then divided by the 80,000 square foot minimum lot size required of a standard rural service subdivision adjacent to a natural environment lake to determine the maximum number of dwelling sites that may be located within each tier. The dwelling sites allowed within each tier may be transferred to other tiers away from the waterbody, but not closer. As shown in the table below, the project conforms to the tier allocation requirements and the overall allowed density with 43 lots. Tier Suitable Area Maximum # of Lots Proposed # of Lots Difference 1 31.5 acres 17 12 -5 2 36.8 acres 20 25 -1 3 12.0 acres 6 6 - - The lots have been designed with minimum lot size of one acre and 170 foot width. The average lot size is 1.6 acres. Section 21-7-5 of the Subdivision Ordinance requires that provisions are made for resubdivision of large, unsewered lots with future availability of sanitary sewer service. The grading plan illustrates that all of the lots except 8-10, Block 2 have the ability to be split. The three lots that cannot be resubdivided may be allowed, but notice should be recorded on their deeds acknowledging this. Setbacks. The following setbacks apply to the proposed subdivision under the performance standards of the R-3 District and Shoreland Overlay District: Front Side Rear OHWM Structures Septic 35 feet (local) 65 feet (Nashua) 15 feet 20 feet 150 feet 150 feet All of the proposed lots have suitable building pads located within required setbacks of the base R-3 District. The applicant has requested that the side yard setback be reduced to 10 feet, which will facilitate future resubdivision of the lots. The side yard setback in the R-4 District is 10 feet, which is the zoning that would be applied if sewer and water were made available. As such, the reduced side yard setback is likely appropriate. The Shoreland PUD performance standards also include design requirements that the project include minimum required open space and preservation of the shoreland impact area in its natural state. The applicant is providing an easement over the 150 foot setback -5- area and a second easement 75 feet from the OHWM as a "no mow' zone meaning the area must remain undisturbed. The provision of these easements are consistent with the intent of the PUD requirements to protect as much of the waterbody and shoreland in a natural state. 1' Cemetery Site. At their meeting on January 25, 2001, the Historic Preservation Commission discussed information that there may be grave sites on the subject property. Apparently, a section of the subject site were used as a cemetery prior to relocation to the present site of the Otsego Cemetery. The applicant has said that their inquiries into the matter suggest that plat maps indicating a cemetery on the, property were an error. Further research can be done on this prior to a final plat application. Park and Trail Dedication. Based on the proximity of the subject site to Prairie Park, the City is likely not interested in land dedication as part of this subdivision. As such, the applicant would be required to make a cash fee dedication in lieu of land at the time of final plat approval. Park and trail dedication issues are subject to further comment from the Parks and Recreation Commission. Easements. Section 21-7-15.A requires ten foot drainage and utility easement at the perimeter of all lots, which may overly side lot lines. These easements are illustrated on the submitted plans. The applicant has also provided a drainage and utility easement over the lake and shoreland impact area (noted above) and for the access corridor at the northeast corner of the property. All easements are subject to review and approval of the City Engineer. Grading and Utility Plans. The applicant has submitted preliminary grading plans for the project. Most of the drainage from the project will move to the lake and any overflow channeled to Otsego Creek via the proposed storm water improvement. A ponding area has also been provided along the east property line to retain any runoff from the northern cul-de-sac that moves that direction, preventing runoff to existing developed areas. The grading plans includes primary and secondary septic drainfield sites for each lot. The grading plan also illustrates plans for the storm water improvements that will divert drainage overflowfrom the pond towards Otsego Creek. These plans are subject to review and approval of the City Engineer. The storm water improvements are also subject to DNR review and approval. Development Contract. If the preliminary plat is approved, the applicant must submit a request for final plat approval within 100 days. After approval of the final plat, the applicant is required to enter into a development contract with the City and pay all required fees and securities. The development contract is subject to review and approval of the City Attorney. CONCLUSION AND RECOMMENDATIONS The primary issue with the project is the Comprehensive Plan amendment to expand the Long Range Urban Service Area for additional one -acre rural service development outside of the Sanitary Sewer Service District. The Planning Commission and City Council must decide as a matter of policy if such action is consistent with the intent of the Comprehensive Plan in consideration of the area storm water improvement to be installed by the applicant. The subsequent action on the Zoning Map amendment would be decided on the same findings. In a technical review of the project, the proposed preliminary plat meets the Shoreland Overlay District density and setbacks requirements and other applicable performance standards. Our office would also support reduction of the side yard setback requirement from 15 feet to 10 feet to allow for future resubdivision in consideration of likely performance standards if sanitary sewer is made available. As such our office would recommend approval of the requested PUD -CUP and preliminary plat subject to the conditions outlined below, assuming a positive finding is made on the Comprehensive Plan and Zoning Map amendments. Decision 1 - Comprehensive Plan Amendment A. Motion to adopt a resolution amending the Comprehensive Plan to include the subject property within the Long Range Urban Service Area based upon a finding that the action is consistent with the cited policies of the Comprehensive Plan. B. Motion to deny the request based upon a finding that the action is not consistent with the policies of the Comprehensive Plan. C. Motion to table the application. Decision 2 - Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-3 District based upon a finding that the action is consistent with the cited policies of the Comprehensive Plan. B. Motion to deny the request based upon a finding that the action is not consistent with the policies of the Comprehensive Plan. Decision 3 - PUD -CUP and Preliminary Plat A Motion to approve a PUD -CUP and preliminary plat entitled "Meadowlands" subject to the following conditions: -7- The developer install storm water improvements shown on the submitted plans to correct area drainage problems, as approved by the City Engineer. 2. The design and construction of all streets is subject to review and approval of the City Engineer. 3. Secondary access to the subdivision is provided as determined by the City Council with recommendations from the Planning Commission. 4. Notation is made on the deeds to Lots 8-10, Block 2 that no provision for resubdivision of the lot has been made if sanitary sewer and water services are made available. 5. Side yard setbacks for the principal buildings shall be ten (10) feet. 6. Documentation of a cemetery site on the property is subject to further review and comment regarding significance by the Historic Preservation Commission. 7. Easements are provided over the lake, no -mow zone and 150 foot shoreland impact area and all easements are subject to review and approval of the City Engineer. 8. All grading, drainage and utility plans are subject to review and approval of the City Engineer. 9 Park and trail dedication shall be subject to review and approval of the City Council. 10. Application for final plat approval shall be made within 100 days and approval of the final plat shall require execution of a development contract. 11. Comments of other City Staff or DNR Staff as appropriate. B. Motion to deny the request based upon a finding that the action is not consistent with the policies of the Comprehensive Plan. PC. Mike Robertson Judy Hudson Andy MacArthur Larry Koshak / Ron Wagner Patty Fowler (DNR) George Sanford / Chris Bulow 10 N/. C ON THE GREAT RIVER ROAD DJOCOu-in 'Aw-o 146i m 06-610 ;0 ON 'euvoosev T Iruu�txmosmagad'INVOGG SG1,1V1MOGV3m JO I Id A,.Ul-llgJd X LLJ thrl gal I it V j I I j i I j J j j I j L IgdH NYC /A Ali r.j 17, , A F XF 4Z N.j z p 1,4 5 1 - , ., 1 . 1, , - , 0 n II do :::AAHM I W PAkt! -7 - - - - - - - - - - -rum M.'Wa* I.S.—In '(luno I46ljM 0 =Cff—= o6..jo )o A113 F - i T: %VWmi v%r Do U01d 104uOD uOlGoJ3 V 6u1P-1j /M J.1d J. -to AlDu!wIIGJd p @ X x F. 91 6 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht DATE: 1 May 2001 RE: Otsego - Commercial Riding Stables FILE NO.: 176.02 - 01.09 BACKGROUND The City Council approved a commercial riding stable CUP for Hoofbeats & Heartbeats, Inc., which includes construction of a 9,500 square foot pole bam for use as a riding stable. In processing this request, concern had been noted about the ability to distinguish between such buildings used for commercial stables and those that would be accessory to residential uses. City Staff already will receive occasionally inquiries about building personal riding stables and these inquiries are likely to be more frequent after Hoofbeats & Heartbeats has constructed their building. For this reason, the City Council has directed the Planning Commission to consider and recommend changes to the existing Ordinance that resolve this matter before it becomes an issue. ANALYSIS Existing Standards. Section 20-26-5 of the Zoning Ordinance outlines standards for commercial stables, which are allowed as a conditional use within the A-1 District. This section is attached as Exhibit A for reference. As a conditional use, the City does have the ability to review any proposed use for compatibility with applicable performance standards as well as surrounding uses and supporting infrastructure. As noted in the April 11, 2001 Planning Report, the size and construction of Hoofbeats & Heartbeats, Inc.'s building is allowed because the use is considered agricultural. The maximum size of a residential accessory building is 1,500 square feet, with total detached accessory building area not larger than 3,000 square feet, based on lot size. Residential accessory pole buildings are only allowed in the Rural Service Area on parcels five acres in size or larger, yet such buildings are still restricted to area limitations. Options. Forthe benefit of the Planning Commission's initial discussion, we have outlined a number of options that could be considered to more clearly define what is a commercial stable as opposed to residential accessory buildings for the purpose of regulating. each. • Residential Accessory Buildings. Based upon the number of inquiries, the City may consider amending the Zoning Ordinance to allow larger accessory buildings for properties in the Agricultural Preserve with the intent to accommodate hobby farm users that are encouraged by the Comprehensive Plan. It is not necessarily a requirement of a hobby farm to have a riding stable as the present residential accessory building standards allow sufficient building area in consideration of animal unit limits. In allowing any increased building size, additional performance standards including a minimum lot size (considered in relation to potential development rights), increased setbacks, screening requirements, etc. • Definition. The Zoning Ordinance does not include a definition of commercial riding stable that would serve to separate such uses from accessory residential buildings. Reading the performance standards of 20-26-5, certain characteristics can be inferred, but are not explicitly stated. Example language that could be inserted into the Zoning Ordinance is outlined below. Including a definition within the Zoning Ordinance would allow the City greater legal discretion in interpreting what is and what isn't a commercial stable. Commercial Stable: An agricultural use involving the keeping horses or other farm animals, in numbers that do not constitute an animal feedlot, by providing services and facilities for boarding and care of animals not belonging to the property owner or tenant, breeding, and recreational or therapeutic riding programs for hire as part of a commercial enterprise. • Performance Standards. The performance standards for commercial stables could be expanded to be more restrictive or exclude smaller properties. For example, the minimum lot size could be increased, setbacks from property lines for all buildings changed to 200 feet (currently only those used to house animals must be 200 feet from a property line), limitations on building size, increased construction standards, etc., may all be considered. Midwest Station and Hoofbeats & Heartbeats are the only known commercial stables. Any changes to the performance standards would likely make Hoofbeats & Heartbeats, Inc. non- conforming, whereas Midwest Station (located at CSAH 42 and 70th Street, east of T.H. 101) is a larger operation that likely well exceeds most of these standards. -2- CONCLUSION The information outlined herein is for preliminary discussion by the Planning Commission on how to approach regulation of commercial stables and residential accessory structures. The primary issue is creating clear separation between what is considered a commercial stable and what is a residential accessory building for the integrity of existing performance standards. The Planning Commission should review the information herein, provide direction to staff on additional information or preparation of Ordinance amendment, or call for a public hearing. pc. Mike Robertson Judy Hudson Andy MacArthur Larry Koshak Ron Wagner -3- 5. The keeping and care of horses is provided as regulated by the City Code. 6. The density of horses does not exceed one (1) horse per acre.,, 7. A shelter or stabling facility shall provide a minimum of one hundred (100) square feet of enclosed are per horse. 20-26-5: COMMERCIAL STABLES: A. Commercial stables (operations involving the boarding and care of two (2) or more horses not belonging to the property owner or tenant) shall be allowed only in the City's A-1 Zoning District by conditional use permit. B. The minimum lot size for a commercial stable shall be ten (10) acres. C. The density of equine allowed on a commercial riding stable shall be in accordance with Section 20-26-4. 17 D. Manure and other waste materials shall be removed and distributed so as to eliminate unsightly odors, insect, and rodent problems or any condition which otherwise operates as a public or private nuisance. The storage of manure and other waste materials shall be in compliance with Section 27 of this Chapter. E. All areas designated for equine sheltering shall be located at least two hundred (200) feet from the property line. Any agricultural building or shelter which was being used in a commercial stable prior to the effective date of this Section is not required to comply with the requirements of this subparagraph, provided, however, that such agricultural building or shelter does not constitute a public nuisance as determined by the City Council F. Fences as regulated by Section 20-16-6 of this Chapter shall be constructed and maintained so as to adequately and safely contain equine at all times. G. One agricultural building upon the commercial stable property shall be permitted to contain no more than one caretaker's unit, subject to a demonstrated need and to the approval of a conditional use permit as regulated by Section 4 of this Chapter. H. All equine shall be provided shelter sufficient to protect against potentially injurious weather. All such shelters shall be structurally sound, provide sufficient ventilation, and be maintained in good repair. Equine stalls shall provide sufficient space for the equine to lie or roll with a minimum danger of injury to itself. Stalls shall be cleaned and kept dry to the extent that the animal is not required to lie or stand in fluids. Bedding shall be provided 26-4 EXHIBIT A in all stalls, kept reasonably clean, and periodically changed. The nature of the bedding shall not pose a health hazard to the animal. J. The Zoning Administrator shall inspect every commercial stable as frequently as the city may deem necessary to ensure compliance with the terms of this Section and any conditions of the license for such commercial stable. Any person who operates a commercial stable shall, upon request of the Zoning Administrator and/or City Building Official, permit access to all parts of the commercial stable for the purpose of inspection. The Zoning Administrator shall prepare a report of every inspection of a commercial stable. A copy of such report shall be mailed to the person operating the commercial stable and forwarded to the City Council. 20-26-6: ANIMALS OTHER THAN FARM OR DOMESTIC: A. Conditional Use Permit: 1. Other than may be herein exempted, any animal which does not qualify as a farm animal or domestic animal as defined in Section 2 of this Chapter shall require a conditional use permit prior to its being kept in the City. 2. Determination of acceptability shall include but not be limited to: a. The potential health or safety hazard posed. b. The provisions of Section 20-4-2.F are considered and determined to be satisfied. 3. Conditions and limitations governing other animals shall include but not be limited to: a. Full compliance with State Statutes and federal regulations governing such species. b. Provisions for the adequate and safe confinement of such animal, as may be warranted by the potential adverse impact upon neighboring properties and by safe consideration of the property residents and neighboring uses. C. Adequate screening, noise, and visual controls as deemed necessary by the City Council to maintain compatibility and protect the health, safety, and general welfare of the public. d. Additional requirements and limitations as may be deemed necessary by the City Council so as to insure compatibility and maintain the health, safety and general welfare of the public. 26-5