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
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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.
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FUNDING: BUDGETED: ❑ YES
❑ NO
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❑ 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
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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