07-15-02 PCNOIRx14WIltsx A$$OCIATto 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
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Jason Lindahl / Daniel Licht
RE: Otsego — DeMars: Rezoning/Preliminary and Final Plat
REPORT DATE: 10 July 2002 APPLICATION DATE: 20 June 2002
NAC FILE: 176.02 — 02.08 CITY FILE: 2002 - 09
Background
The applicants, John and Barbara DeMars, are proposing to subdivide a 10.0 acre
parcel from the 69.9 acre property located to the north of City Hall, which is owned by
Randal Begin. There is one existing dwelling on the subject 69.9 acre property. The
proposed lot is at the west end of the property and involves the sale 0.78 acre of land
owned by the City to the applicants to provide frontage and access to 90th Street.
The subject property is within the urban service reserve area and guided for agricultural
land uses by the Comprehensive Plan. The site is currently zoned A-1, Agriculture -
Rural Service District and is within the Shoreland Overlay District of Otsego Creek. The
request requires consideration of a rezoning to A-2 — Long Range Urban Service District
to enable a four dwelling units per 40 acres development allowance and a
preliminary/final plat for creation of the new parcel and detachment/attachment of the
City property.
Exhibits:
A. Site Location Map
B. Survey
Analysis
Zoning. The applicant is proposing to divide off and develop a 10 acre parcel for one
single family home. To facilitate the additional development right, the subject property
must be rezoned to A-2 District. The four per forty density allowed in the A-2 District
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ON THE GREAT RIVER ROAD
would provide for 7 total development rights for the subject property (with the addition of
land from the City Park property). Section 20-3-2.F outlines the criteria the City Council
and Planning Commission must weigh when considering a rezoning request. These
criteria, along with staff's finding for each, are outlined below.
1. The proposed action's consistency with the specific policies and provisions of
the official Comprehensive Plan.
Comment: The Concept Plan guides this site as Urban Service Area Reserve
and the Land Use Plan guides it for agriculture use. These designations allow a
4 unit per 40 acres density. As a result, the proposed use is consistent wit the
policies and provisions of the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject property is bordered by a rural residential uses to the and
east and west, wetlands to the north and the City Hall site to the south. This site,
as proposed, will be consistent with these surrounding land 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 residential use will conform with all performance
standards for properties in the A-2 District.
4. The proposed use's effect upon the area in which it is proposed.
Comment: The subject property will be consistent with both the City's
Comprehensive Plan and all applicable zoning performance standards. As such,
the proposed use is not expected to cause any negative effects.
5. The proposed use's impact upon property values of the area in which it is
proposed.
Comment: Although no formal study has been completed. The proposed use is
not anticipated to have a negative impact on surrounding property values.
6. Traffic generation by the proposed use in relation to the capabilities of the
streets serving the property.
Comment: The subject property will contain one single family dwelling unit. As
such, this site will not cause a significant increase in traffic along 90th Street.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities and it potential to overburden the City's
service capacity.
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Comment: As mentioned above, the site will contain one single family dwelling
unit. This sole unit will not have a noticeable impact on public facilities.
Preliminary / Final Plat. Section 21-2-1.0 of the Subdivision Ordinance allows division
of one parcel into two lots by administrative action only if the original land has not been
part of a minor subdivision for the last five years. It is not possible to process this
application administratively because the applicant is also adding the .78 acre piece to
gain access from 90th Street. Because the subdivision involves essentially three
parcels, a preliminary and final plat in the form outlined in Section 6 of the Subdivision
Ordinance must be submitted.
Access. The 69.9 acre property has frontage to Nashua Avenue and 901h Street, which
was constructed by the Hidden Creek Trails developer, Rush Mar Land Co. The
location of the proposed lot requires that the applicants purchase 0.78 acres of land
from the City to have at least 150 feet of frontage and direct access to 90th Street.
The land is bisected from the balance of Prairie Park by 90th Street and contains mostly
wetlands. The City Council and the Parks and Recreation Commission have previously
considered and approved of the sale of the property to the applicants. A separate
agreement on the sale of the 0.78 acre parcel of land at a cost of $1,000.00 will need to
be executed.
As noted above, 90th Street was constructed by Rush Mar Land Co. at their cost to
provide a second access to that subdivision to the west of the subject property. The
development agreement for Hidden Creek Trails specifies that at such time as the
parent parcel is subdivided or access to 90th Street used, the Rush Mar Land Co. would
be reimbursed 50 percent of the cost of the improvements for the segment extending
across the City's property.
Rush Mar Land Co. has requested that they be reimbursed the full 50 percent of the
street improvement cost. The request is based on the fact that if the street were not
constructed, the proposed subdivision could not be considered due to a lack of street
access. City Staff had discussed an approach that would require payment of a "street
access fee" with the establishment of each new development site. Under this approach,
the applicants would pay 1/6 of the 50 percent cost of the street improvements related
to the benefit of accessing one new lot from 90th Street.
Density. The Comprehensive Plan allows development of for four units per 40 acres of
land within the Urban Service Area. Based on the size of the property, six total
development rights exist, and there is an existing dwelling on the property. Therefore,
the available development rights are four. With the subdivision of the property, the
applicants newly created lot will be restricted not to allow further subdivision unless
rezoned and the parent parcel restricted to four additional rights unless rezoned.
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Lot Requirements. The applicant is proposing to subdivide a 10 acre parcel from the
existing property. The proposed lot meets the performance standards for properties in
the A-2 District. The district standards, along with those proposed for this property are
illustrated in the table below.
The preliminary plat, which is to be submitted, must illustrate all required setbacks,
including those applicable building setbacks from Otsego Creek under the Shoreland
Overlay District. Based on the size of the parcel, there is more than adequate building
area for a single family dwelling.
Easements. Section 21-7-15 of the Subdivision Ordinance requires that perimeter
easements be provided for each lot. These easements must be 10 feet wide along
each lot line. However in this case, the drainage and utility easement along the west
side of the property may be reduced to 5 feet. The applicant must also provide an
easement over all wetlands and over Otsego Creek. All easements are subject to the
review and approval of the City Engineer.
Park and Trails Dedication. The proposed subdivision will create one new single
family lot. With no new parks or trails to be developed on the subject site, the creation
of this lot requires a cash fee in lieu of land of $1,075. This fee must be paid prior to
recording the final plat
Utilities. This site will be served by on-site septic and well systems. These systems
are subject to the review and approval of the City Building Official.
Conclusion
The proposed subdivision of a 10 -acre lot is consistent with the policies of the
Comprehensive Plan as well as applicable performance standards. Therefore, we
recommend approval of the applications. The only unresolved consideration is the
request of Rush Mar Land Co. for full payment of the 50 percent cost of extending 90th
Street across Prairie Park to Nashua Avenue. The Planning Commission and City
Council must determine if this cost is to be reimbursed in one lump sum or in the for of
an access fees as new building sites are established.
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 the finding that the request is consistent with the
policies of the Comprehensive Plan.
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Lot Standards for the A-2 District
Category
Standard Proposed
Status
Lot Area
1 Acre 10 Acres
Conforming
Lot Width
150 Feet 326 Feet
Conforming
Lot Depth
150 Feet 1,400 Feet
Conforming
The preliminary plat, which is to be submitted, must illustrate all required setbacks,
including those applicable building setbacks from Otsego Creek under the Shoreland
Overlay District. Based on the size of the parcel, there is more than adequate building
area for a single family dwelling.
Easements. Section 21-7-15 of the Subdivision Ordinance requires that perimeter
easements be provided for each lot. These easements must be 10 feet wide along
each lot line. However in this case, the drainage and utility easement along the west
side of the property may be reduced to 5 feet. The applicant must also provide an
easement over all wetlands and over Otsego Creek. All easements are subject to the
review and approval of the City Engineer.
Park and Trails Dedication. The proposed subdivision will create one new single
family lot. With no new parks or trails to be developed on the subject site, the creation
of this lot requires a cash fee in lieu of land of $1,075. This fee must be paid prior to
recording the final plat
Utilities. This site will be served by on-site septic and well systems. These systems
are subject to the review and approval of the City Building Official.
Conclusion
The proposed subdivision of a 10 -acre lot is consistent with the policies of the
Comprehensive Plan as well as applicable performance standards. Therefore, we
recommend approval of the applications. The only unresolved consideration is the
request of Rush Mar Land Co. for full payment of the 50 percent cost of extending 90th
Street across Prairie Park to Nashua Avenue. The Planning Commission and City
Council must determine if this cost is to be reimbursed in one lump sum or in the for of
an access fees as new building sites are established.
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 the finding that the request is consistent with the
policies of the Comprehensive Plan.
4
B. Motion to deny the application based on the finding that the request is
inconsistent with the policies of the Comprehensive Plan.
C. Motion to table the request.
Decision 2 — Preliminary and Final Plat
A. Motion to approve a Preliminary and Final Plat to create one 10 acre single
family lot, subject to the following conditions:
1. The a preliminary and final plat that includes all the information required
by Section 6 of the Subdivision Ordinance shall be submitted and subject
to review and approval of City Staff.
2. The applicant shall record all drainage and utility easements as
recommended by the City Engineer.
3. The applicant shall pay a park and trail dedication fee in lieu of land equal
to $1,075.
4. On-site septic and well systems shall be subject to the review and
approval of the City Building Official.
5. Rush Mar Land Co. shall be reimbursed for construction of 90th Street as
determined by the City Council at the applicants' cost due to the benefit
received for access to the street.
6. The applicants and the City shall execute the sale of .078 acres of land
with the City transferring the property for $1,000.00 as approved by the
City Council.
7. Comment of other City Staff.
B. Motion to deny the application based on the finding that the request is
inconsistent with the policies of the Comprehensive Plan.
PC Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
John and Barbara DeMars
Randall Begin
Russell Martie
Joyce Mickelson
5
R$GISTERBD UNDER THE LAMS OF STATS OF IU'INUOTA •
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