Loading...
ITEM 4.1 Mississippi Pines Outlot IP Otkgo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 25 April 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht Finance Director Flaherty 4.1— Mississippi Pines Outlot I AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD-CUP and preliminary and final plat to subdivide Outlot I, Mississippi Pines as one lot and two open space outlots. ARE YOU SEEKING APPROVAL OF A CONTRACT? M BACKGROUND/JUSTIFICATION: IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 18 April 2016. S. Mike Przytarski has submitted application to subdivide Outlot I, Mississippi Pines to allow for development of one single family lot and two open space outlots. The 6.8 acre subject site is located at the northeast corner of 95th Street (CSAH 39) and Jandel Avenue within Mississippi Pines. The proposed development requires consideration of applications for a PUD-CUP and preliminary and final plat. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 18 April 2016 at 7:OOPM. Mr. Przytarski was in attendance to present his project. Questions from the public and Planning Commission focused on the ability for Outlot I to be subdivided and developed. Outlot I was not included in the density or open space preservation calculations and for Mississippi Pines and was not deed restricted when the final plat was approved in 1999, which included the following condition regarding the parcel: The developer may maintain ownership of Outlot I provided that the parcel is restricted to open space use unless a PUD amendment is approved and the developer be required to participate as an equal member of the homeowners association. AJE Companies, the developer of Mississippi Pines, sold the property to the applicant who becomes the developer's successor and subject to the condition. The condition of the original final plat approval is required to ensure that development of the lot would be consistent with the overall character of Mississippi Pines as implemented through their specific development covenants and that there would be long-term ownership and maintenance of the open space (which would include payment of property taxes). An officer of the Mississippi Pines Homeowners Association spoke at the public hearing and said that the HOA had not agreed to include the proposed single family lot or accept ownership of the two outlots. City staff explained that the recommended conditions of approval include a requirement that the applicant provide the City documentation that the lot would be included in the HOA and that the HOA would accept ownership of the two outlots consistent with the Mississippi Pines final plat approval. It is the applicant's responsibility to comply with the conditions of approval. If such documentation is not provided, the City would not release the final plat to be recorded effect the subdivision. Residents of the adjacent Forest Hills subdivision also spoke at the public hearing regarding preservation of open space and also preventing access from the proposed lot to Jansen Circle. City staff said that the proposed access is to Jandel Avenue within Mississippi Pines. Further review of the issue finds that the subject site does not abut the right-of-way for Jansen Circle except at one point. The north property line of the subject site, which would be the north lot line of a proposed open space outlot, is separated from the Jansen Circle right-of-way by Outlot A, Forest Hills, which is owned by the Forest Hills HOA. As such, no driveway access to Jansen Circle is possible. The Planning Commission closed the public hearing and voted 6-0 to recommend approval of the application. Findings of Fact and Decision consistent with the Planning Commission recommendation are attached for consideration and action by the City Council. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 14 April 2016 B. Findings of Fact and Decision 13r%CCIQ1 C t1Al1T1r)M r VV VI"VL. Please word motion as you would like it to appear in the minutes. Motion to approve a PUD-CUP and preliminary/final plat for Outlot I subject to the Findings of Fact and Decision dated April 20, 2016. o11nr+GT IAICr%DIIAATlr%Kl W V V V 1L 1 1 19 1 V I\ I w- I I FUNDING: BUDGETED: ❑ YES ❑ NO NA Afl"NnAl TAWPKI AV I IVI\ IrII �...I. ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427,0620 TPC@PlanningCo-com PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego — Mississippi Pines; Outlot I REPORT DATE: 14 April 2016 ACTION DATE: 17 May 2016 TPC FILE: 101.02 BACKGROUND S. Mike Przytarski has submitted application to subdivide Outlot I, Mississippi Pines to allow for development of one single family lot and two open space outlots. The 6.8 acre subject site is located at the northeast corner of 95th Street (CSAH 39) and Jandel Avenue within Mississippi Pines. The proposed development requires consideration of applications for a PUD-CUP and preliminary and final plat. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 18 April 2016 at 7:OOPM. Exhibits: A. Site Location B. Plat Map C. Site Plan ANALYSIS History. Outlots are established for a variety of reasons including remnant parcels too small to develop, parcels reserved for future phases of development, or parcels deemed unbuildable due to wetlands, stormwater basins, steep slopes, or development restrictions. At the time Mississippi Pines was subdivided, the developer was also trying to acquire the property that was later developed as Forest Hills. Outlot I was platted and retained by the developer to provide for a street connection between Mississippi Pines and the Forest Hills parcel so as to allow for two public street accesses to Forest Hills; one access via I<adler Avenue and another access via Jandel Avenue. Outlot I was not included in the required permanent open space for Mississippi Pines and the approvals for Mississippi Pines allowed that Outlot I may be developed upon approval of a PUD-CUP and preliminary/final plat consistent with the process for initial development of Mississippi Pines. Zoning. The subject site is zoned R-C, Residential Rural Cluster Open Space District. Single family dwellings are a permitted use within the R-C District. The final plat approval of Mississippi Pines by the City Council on 14 August 2000 included a stipulation that Outlot I may be developed in the future subject to application for a PUD-CUP and preliminary and final plat approvals. Applications for PUD-CUP approval are to be evaluated by the Planning Commission based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The 2012 Comprehensive Plan guides the subject site for rural residential land uses. The proposed development of the subject site within the density limits and performance standards of the R-C District is consistent with the policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following existing and planned land uses shown in the table below. The proposed use is consistent with the rural single family uses developed in Mississippi Pines and Forest Hills and will be compatible with the area. Direction Land Use Plan Zoning Map Existing Use North Rural Residential R-C District Open Space Rural single family Rural Residential Rural Rural Residential R-C District A-1 District R-C District Open Space Agriculture Open Space Rural Single Family East South West The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed use will comply with applicable requirements of the Zoning Ordinance and Subdivision Ordinance. 2 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed use will generate an estimated 10 vehicle trips per day, which is within the capacity of Jandel Avenue accessing the lot and CSAH 39 accessing Mississippi Pines. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed use is consistent with the planned land uses within the rural residential preserve area of the City and will not overburden the City's service capacity. Density. Section 20-60-6 of the Zoning Ordinance establishes the allowed density of subdivisions within the R-C District as a maximum of 12 dwellings per 40 acres. Based on the initial 245.3 acre area of the subdivision and vacation of public street right-of-way concurrent with the preliminary plat, the addition of one dwelling making the total number of dwellings within Mississippi Pines 74 is within the 12 dwellings per 40 acre limit established by the Zoning Ordinance. Access. The proposed lot will be accessed from Jandel Avenue. The location of the driveway must be setback five feet from side lot lines and the portion of the driveway within the public right-of-way must comply with Standard Plate 109 of the Engineering Manual. Section 20-21- 4.H of the Zoning Ordinance also requires that the driveway be paved with asphalt, concrete, or paver bricks. Plans for the driveway accessing the proposed lot and single family dwelling must be submitted with application for a building permit. Lot Requirements. For single family lots, the R-C District establishes a minimum lot area requirement of one acre and maximum lot area of 2.5 acres with the intent to provide for permanent open space outside of the individual lots. The proposed lot would be 2.5 acres consistent with the lot requirement provisions of Section 20-60-8.B.1 of the Zoning Ordinance. Section 20-60-8.B.2 of the Zoning Ordinance establishes a minimum width requirement of 100 feet measured at the front setback line between the side lot lines. The submitted plans did not include a scale, but City staff estimates the width of the lot to be approximately 360 feet, which exceeds the minimum lot width requirement. Setbacks. No site plan for development of the proposed single family lot has been submitted. Development of the lot will require submission of a survey with application for a building permit. The location of the single family dwelling and any accessory structures will be required comply with the setback provisions of Section 20-60-7.0 of the Zoning Ordinance. The area and width of the proposed lot is sufficient to provide opportunity for locating a single family home in compliance with the setback requirements of the Zoning Ordinance. Open Space. Section 20-60-7.A.1 of the Zoning Ordinance requires that 50 percent of the net buildable area of a subdivision within the R-C District be set aside as permanent open space. The subject site was not included in the calculation of required open space for the initial Mississippi Pines subdivision. There are no wetlands or other undevelopable areas within the subject site. The submitted plans indicate that the 6.8 acre subject site would be subdivided into a 2.5 acre single family lot and two outlots with a total area of 4.3 acres to be established as permanent open space. As such, the proposed subdivision complies with the open space requirements of the R-C District. The final plat approval for Mississippi Pines requires that these open space outlots be deeded to the Mississippi Pines Homeowners Association and maintained as part of the overall permanent open space for the development. Utilities. The subject site is to be served by on -site septic and well utilities. A septic design for the single family home to be developed on the proposed lot will be required to be submitted with application for a building permit. On -site utilities are subject to review and approval of the Building Official. Grading Plan. No grading plan has been submitted at this time. Application for a building permit for construction of a single family dwelling upon the proposed lot must include a certificate of survey indicating existing and proposed elevations and the elevations of the proposed building. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. Easements. Section 21-7-15 of the Subdivision Ordinance requires establishment of 10-foot wide drainage and utility easements at the perimeter of a buildable lot. These easements must be shown on a preliminary/final plat. Drainage and utility easements will also be required to be dedicated over all of the two open space outlots. All drainage and utility easements are subject to review and approval of the City Engineer. Park and Trail Dedication. The subdivision of Outlot I to create a buildable lot triggers dedication requirements for parks and trails established in Section 21-7-18 of the Subdivision Ordinance. The 2012 Comprehensive Plan does not identify a need to acquire public park facilities within the area of the subject site, so park and trail dedication requirements will be satisfied as a cash fee in lieu of land. The developer shall pay to the City $3,400 to satisfy park and trail dedication requirements prior to recording of a final plat. Homeowners Association. The final plat approval of Mississippi Pines allowing for potential development of Outlot I included the stipulation that the property would be incorporated as a member of the Mississippi Pines Homeowners Association as part of the overall development. Documents incorporating the proposed single family lot and open space outlots must be submitted and recorded with the final plat. Preliminary/Final Plat. If the application is approved by the City Council, the applicant is required to submit a preliminary and final plat document including all of the information 4 outlined in Section 21-6-3 of the Subdivision Ordinance. The preliminary/final plat drawing is subject to review and approval of the City Engineer. RECOMMENDATION The proposed subdivision of Outlot I complies with the stipulations of approval for Mississippi Pines and the requirements of the Zoning Ordinance and Subdivision Ordinance. Our office recommends approval of the application as outlined below. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a PUD-CUP and preliminary/final plat allowing for subdivision of Outlot I, Mississippi Pines subject to the following conditions: 1. A conservation easement shall be recorded with the two outlots limiting their use to permanent open space and the outlots shall be conveyed to the Mississippi Pines Homeowners Association. 2. A septic design for the single family home to be developed on the proposed lot shall be submitted with application for a building permit and is subject to review and approval of the Building Official. 3. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. 4. The proposed lot shall dedicate drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance and drainage and utility easement shall be dedicated over all of the proposed outlots; all drainage and utility easements are subject to review and approval of the City Engineer. 5. Documents incorporating the proposed lot and outlots within the Mississippi Pines Homeowners Association shall be submitted and are subject to review and approval of City staff. 6. The developer shall pay $3,400 to the City as a cash fee in lieu of land satisfying park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance. 7. The developer shall submit a preliminary/final plat document including all of the information required by Section 21-6-3 of the Subdivision Ordinance, subject to review and approval of City staff. B. Motion to deny the request based on a finding that the application is not consistent with the Comprehensive Plan and does not comply with the Zoning Ordinance and Subdivision Ordinance. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Outlot I, Mississippi Pines Exhibit A Overview Legend Roads — CSAHCL — CTYCL -- MUNICL - PRIVATECL — TWPCL Highways Interstate — State Hwy US Hwy City[Township Limits ❑ C ❑t l; Parcels —SEE DETAIL 9 s1.a1 I I NOW527E SS! N D�IWp �M IR 16, g9�7 � P OtCI�ezoF MINNESOTA CDo APPLICANT: S. Mike Przytarski April 20, 2016 FINDINGS & DECISION PUD-CUP AND PRELIMINARY/FINAL PLAT APPLICATION: Request for approval of a PUD-CUP and Preliminary/Final Plat for Outlot I, Mississippi Pines. CITY COUNCIL MEETING: 25 April 2016 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is Outlot I, Mississippi Pines, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the Rural Residential Preserve and is guided for rural residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-C, Residential Open Space Cluster District, which allows single family dwellings as a permitted use. D. The applicant is requesting a PUD-CUP and Preliminary/Final Plat to allow for subdivision of the into one lot and two open space outlots. E. The final plat approval for Mississippi Pine by the City Council on included the following condition regarding the property: F. The Planning Commission and City Council must take into consideration the possible effects of the PUD-CUP with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan guides the subject site for rural residential land uses. The proposed development of the subject site within the density limits and performance standards of the R-C District is consistent with the policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the following existing and planned land uses shown in the table below. The proposed use is consistent with the rural single family uses developed in Mississippi Pines and Forest Hills and will be compatible with the area. Direction Land Use Plan Zoning Map Existing Use North Rural Residential R-C District Open Space Rural single family East Rural Residential R-C District Open Space South Rural A-1 District Agriculture West Rural Residential R-C District Open Space Rural Single Family 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will comply with applicable requirements of the Zoning Ordinance and Subdivision Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed use will generate an estimated 10 vehicle trips per day, which is within the capacity of Jandel Avenue accessing the lot and CSAH 39 accessing Mississippi Pines. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed use is consistent with the planned land uses within the rural residential preserve area of the City and will not overburden the City's service capacity. G. The planning report dated 12 April 2016 prepared by the City Planner, The Planning Company LLC., is incorporated herein. H. The Otsego Planning Commission held a public hearing at their regular meeting on 18 April 2016 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: A conservation easement shall be recorded with the two outlots limiting their use to permanent open space and the outlots shall be conveyed to the Mississippi Pines Homeowners Association. 2. A septic design for the single family home to be developed on the proposed lot shall be submitted with application for a building permit and is subject to review and approval of the Building Official. 3. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. 2 4. The proposed lot shall dedicate drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance and drainage and utility easement shall be dedicated over all of the proposed outlots; all drainage and utility easements are subject to review and approval of the City Engineer. 5. Documents incorporating the proposed lot and outlots within the Mississippi Pines Homeowners Association shall be submitted and are subject to review and approval of City staff. 6. The developer shall pay $3,400 to the City as a cash fee in lieu of land satisfying park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance. 7. The developer shall submit a preliminary/final plat document including all of the information required by Section 21-6-3 of the Subdivision Ordinance, subject to review and approval of City staff. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 25t" day of April, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor