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ITEM 2.13601 Thurston Avenue N, Suite 100 Anoka, M 3 Phone: 763.231.6840 Facsimile: 763,427.0620 TPC@PlanningCo.com N 6530 PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICD RE- Otsego — Hamlet; Zoning Map amendment./CUP REPORT DATE: 27 February 2013 ACTION DEADLINE: 12 April 2013 TPC FILE: 101.02 — 13.04 BACKGROUND The City Council approved a preliminary plat for Hamlet's Creekview addition consisting of 22 single family lots within a rural residential cluster subdivision on 10 April 2006. The property is located the intersection of Jaber/Jalger Avenue and CSAH 39 in the northwest corner of the City with property both north and south of CSAH 39. The property is within the Rural Residential Reserve Area established by the Comprehensive Plan and was zoned R -C, Residential Rural Open Space Cluster District concurrent with the preliminary plat application. The property owners, Mr. William Hamlet, Mr. Charles Hamlet, Mr. Thomas Hamlet, Ms. Maxine Topel and Ms. Barbara Malone have submitted application to make boundary line adjustments to the parcel to accomplish the following: ■ Convey a 50 foot wide strip of land to measuring 0.87acres at the south west corner of the portion of the property south of CSAH 39 to the 2.5 acre parcel owned by Charles and Teresa Hamlet located at 9460 Jaber Avenue. ■ Combine the two parcels north of CSAH 39 together with third parcel divided by CSAH 39 into a single parcel and recognizing the division of the property by CSAH 39 as having created separate lots of record north and south of the roadway. The proposed lot line adjustments cause a need to rezone the 2.5 acre property owned by Charles and Teresa Hamlet from A-1 District to A-2, Agriculture Long Range Urban Service District. The portion of the family property to be attached to Charles and Teresa Hamlet's property must also be rezoned from R -C District to A-2 District. Finally, the combined area of Charles and Theresa Hamlet's property requires consideration of a Conditional Use Permit for the resulting lot area being larger than 2.5 acres. Exhibits: A. Site Location B. Parcel Map C. Certificate of Survey (2 sheets) ANALYSIS Comprehensive Plan. All of the properties related to the application are within the Rural Residential Preserve area established by the Comprehensive Plan. Development within the Rural Residential Preserve Area is allowed at one dwelling unit per 10 acres with additional development density allowed upon approval of a subdivision application under the requirements of the R -C District. The current application does not involve creation of any additional buildable lots but is a lot line adjustment between two existing lots of record. Lot Requirements. The proposed lot line adjustments will result in the Hamlet family properties being 22.32 acres north of CSAH 39 and 41.89 acres south of CSAH 39, both of which comply with minimum R -C District requirements of one acre minimum area and 100 foot lot width to a public street. In making the lot line adjustments, the City will also recognize that the parcels north and south of CSAH 39 exist as separate lots of record created by the roadway division. This is consistent with past City practice when rural parcels are severed by public roadways. The Charles and Teresa Hamlet property will increase in lot area. from 2.5 acres to 3.7 acres. As the lots is proposed to be rezoned to A-2 District, it is subject would be subject to the a minimum area of 20 acres and minimum width of 450 feet. Lots less than 20 acres are allowed by approval of a conditional use permit subject to Section 20- 52-5.H of the Zoning Ordinance based on compliance with the following criteria: 1. All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20-52-6. B of this Chapter is submitted and recorded with the subdivision. 2 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20-52-6.0 of this Chapter. C. One (1) development right as allowed by Section 20-52-6.B of this Chapter is used for a dwelling located on the present parcel outside of the residential cluster. 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless is conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 9. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. Although the gross lot area is greater than 2.5 acres, approximately 0.53 acres of the existing site and proposed lot will be required to be dedicated to the City as right-of-way easement for the east 44 feet of Jaber Avenue, which is designated by the Comprehensive Plan as an industrial/commercial major collector street. Additionally, City staff estimates the creek/wetland area on the southern portion of the proposed lot that is unbuildable to be 0.7 acres. With a gross area of 3.37 acres and an estimated net buildable area of 2.14 acres, the proposed lot is consistent with the criteria for a lot within the A-2 District larger than 2.5 acres. 3 Setbacks. The lot line adjustments north of CSAH 39 result in the existing single family dwelling and accessory buildings being located within the boundaries of a single parcel and are further subject to the following setback requirements: The setback distances for the buildings on the Charles and Teresa Hamlet property will increase by 50 feet from the north and east property lines, which already comply with the side and rear yard setback requirements of the A-2 District. Easements. Section 21-7-15 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on the survey to be submitted to subdivide the lot administratively and are subject to review and approval by the City Engineer. Utilities. The existing single family dwellings on the Charles and Teresa Hamlet property and on the parcel north of CSAH 39 are served by individual on-site septic systems In that the lot line adjustment results in additional property being added to the lots on which the dwellings are located, there are no utility issues to be addressed. Park and Trail Dedication. The proposed lot line adjustments do not result in any additional buildable lots being established and as such park and trail dedication requirements do not apply. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 20-3-21 and Section 20-4-21 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan guides the site for interim rural land uses until such time as a rural residential open space subdivision may be final platted. The proposed lot line adjustments will result in three parcels suitable for the uses anticipated by 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 uses, which have been separated based on location north or south of CSAH 39. The present applications will not alter the character of the existing or potential uses of the subject sites. 4 CSAH 39 Jalger Ave. Jambor Ave. North I East) Required 1 Soft. Eft. aft. Soft. Proposed 297ft. 31 Oft. 196ft. 11350ft, The setback distances for the buildings on the Charles and Teresa Hamlet property will increase by 50 feet from the north and east property lines, which already comply with the side and rear yard setback requirements of the A-2 District. Easements. Section 21-7-15 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on the survey to be submitted to subdivide the lot administratively and are subject to review and approval by the City Engineer. Utilities. The existing single family dwellings on the Charles and Teresa Hamlet property and on the parcel north of CSAH 39 are served by individual on-site septic systems In that the lot line adjustment results in additional property being added to the lots on which the dwellings are located, there are no utility issues to be addressed. Park and Trail Dedication. The proposed lot line adjustments do not result in any additional buildable lots being established and as such park and trail dedication requirements do not apply. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 20-3-21 and Section 20-4-21 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan guides the site for interim rural land uses until such time as a rural residential open space subdivision may be final platted. The proposed lot line adjustments will result in three parcels suitable for the uses anticipated by 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 uses, which have been separated based on location north or south of CSAH 39. The present applications will not alter the character of the existing or potential uses of the subject sites. 4 Direction Land Use Plan Zoning Map Existing Use Area N of CSAH 39 North Rural Residential R -C District Mississippi Pines East Rural Residential R -C District 1 -2 District Mississippi Pines Single family West Rural Residential R-1 District R-3 District A-1 District Single family Single familly Single family Area S of CSAH 39 East Agriculture A-1 District Rural single famil South Agriculture A-1 District A-2 District Rural single family Otsego Farms West Monticello Twp. Monticello Twp. Agriculture 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The application will not result in any additional development that would generate additional traffic. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed subdivision can be accommodated by the City's existing service capacity. RECOMMENDATION City staff recommends approval of the requested Zoning Map amendment and CUP as outlined below. POSSIBLE ACTIONS Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment the Charles and Teresa Hamlet property (including the portion to be attached to their property A-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. 6 C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve a conditional use permit allowing administrative subdivision of the Charles and Teresa Hamlet property resulting in a lot with an area greater than 2.5 acres, subject to the following conditions: The application for administrative subdivision shall be submitted and processed in accordance with Section 2 of the Subdivision Ordinance. 2. The applicant shall dedicate a 44 foot roadway easement for the east one- half of Jaber Avenue with the administrative subdivision, subject to review and approval by the City Engineer. 3. The proposed lot(s) subject to the administrative subdivision shall provide drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Lori Johnson, City Administrator Tared Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Charles Hamlet, applicant R Exhibit A LA Subject Si -le Date Created: 2/2812013 Wdl�_ Overview J., . p " If ILI 7 . L ;L JF J legend Roads CSAHCL CTYCL MUNISL sit PRIVATECL TO D QT. K TWPCL City/Township Limits nc 0 1 r A Jr t STIs N 11'0 A i,z -r W Parcels z WEL.AVL, H 4L L 0 .590o m H, I Ylk J 0 1� 11F7U'M S -T H, 9 f F LLI z 9 W 1UJ w z-At L �U] 0000010' gg UJ A JL cc tqsa Ui A4 11#80 5 A 4,b ED r_1 ip dw� rT V N D)8 N, ir z F Q M7 �C m yv� ie w w z 18 8 0-0 22 2,200, Z. L P!A; i I LU - -82 000y i > > lb Ui dL LUUJ U 11 - - , I , .- r A LA E 04 L. E _Y_ ExhibiI B Hamlet I..=1 amily pa rGels 0, L Date Created: 2/28/2013 iliOverview Legend Roads CSAHCL CTYCL MUNICL lab PRIVATECL 3-0-0- - - .1 a 0 3 -4 0 0 TWPCL City/Township Limits El c 4'OAO) rQ,q9LQ [] t Tr- Parcels LU ui AL *A.4 AA11116- %Admww OF Ar ,j rr A IL T3 601 rV1 --Z 8M3rqO I 5230,0., Iv I - - �-Ja LMLI 2r 2f,3.0 00-1 2 4.0 4. j ti 0 o 10)- 0 -1 .0). 101- .1j, 1 002 h*w k V .44z;- j A. '1 17-100* '63 0 a art Exhibit B Charles/`1'eresa Hamlet. Lot Date Created: 2/28/2013 'FICUP"I verview 15 Lai I ol ol OIAI 5 IL U vo Legend ., UJI Roads �!A 'M CSAHCL CTYCL MUNICL PRIVATECIL TWPCL OW/Township Limits c dF 4 0 ji, V4. 9' Pa -cels i 1, p P, _00-01 Iriz '880 523 .0M 51-3'0 OA tZ jL A d dd uj 4 2 0. 0 ANN .8 2494' If _01',641'01' AM 4 "4 q�8 0 OA 5T.. 00 L vko'. qp uwj 0202 4 11-81,71 00A 0 %01 7: WA -6 - A�971 VW yl 5 0 N '6V MISSISSIPPI RIVER P4 - SUR VEr UNE 24' /V 69V720- E 129. s7 ti + in 1 -C,4 14- x c— oo wr VE4M4 CR CORNER A J+R16HT COUNTY MCWUMjE?Vr. CIO �3 "d C4 co F- Cq (a. R ' -9 w E SLIVE of coos r Z 0 F OF -1Z-0 nCW Iv 8W456e-OUT H AY - - 1---� I .TAYLOR LAND SURVEYORS,- INC. 21.3 W. Sroadway P. O. 6ox 179 MOn tiCeI10, UN 55J62 Phone jF%76J-295—JJ88 Fax IV 763-295—J408 zYwIlIZ15f. r CERTIFICATE OF SURVEY FOR MAXINE TOPEL - GRAPHIC SCALE IN FEET 0 200 400 600 DEUOTES- IR-0:4 MGNUMENT FOUND IRON MONUMFNT SET & CAPPED RLS 15233 Lot I of Government Lot I Of Section 10, Township 121, Range 24, according to thea recorded plot in Book I Of SectiOnCill Plats, page 529. Wright County, Minnesota J ng de east of SILLSTRO',J'S MVERVIEW A00fTION, according to the recorded plat yi thereof. Wright County. Minnesota. , k -J Also: Those parts of Lots 6 and 7, or -cording to 0 Plat recorded in Wright County, t,Iinn t Recorder's Office In Book 1 of Sectional Plots. page 533 Of Section 15. TOwnsh Range 24 lying eGsterly of BiLLSTROM'S RIVERMEW AODMON. according to the ip 121, recorded I plot thereof, lying northerly of the centerline of 101right CO(Jnty Highway No. 39 except that part of said Loi 7 lying eosteriy of c, fine at the northeast corner of the West 231-00 feet of the Southeast Quarter- of the Northwest Ouarter of said Section 15; thence west along the north line of said Southeast Quarter of the Northwest Quarter being the north line of Lot a according to said plot recorded in Wright County. ).4innesoto Recorder's Office in Book 1 of Section GI Plats, page 533 and along the north line Southwest Quarter of said Northwest Quarter being the north line of said Lot 7. a distance of 451-90 feet; thence southwesterly deflecting 71 deigrees 38 minutes left, a distance of 495.05 feet to said centerline of Wright County Highwoy No. 39 and said line there terminating. Subject to the right of way of said Wright County Highway 39 over the south side thereof as shown on VMIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO- 6, according to the recorded plot thereof and subject to easements of record if any. �Li XOR7H LINE Of- 7H,- SW 11-4 OF P/C NW I NOR rH LINE OF THE" SZ- 1,14 OF 7HE NW 1X4 45T9[T) 2— N JV57-H LINfi- t 0 r 8 3r AP Jv 66 W N i–lz- Lu XP4 jo- IV I HEREBY CERTIFY THAT THIS SURVEY PLAN OR REPORT WAS PREPARED By ME OR UNDER MY DIRECT SUPERASION AND THAT I AM DULY REOSTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. qENN�ISV.. �TA G. NO.15233 DATIE CVCR M LIM. of o r 6 o Nly CORNER CF THE NW 114 of' 15 73+P- 121. R6;Lc-. 24, A KRICHT COUNTY J ti _J f -t la� CS to 22.32 ACRES V) N 8-9:5.940" El 176.42--V 66 (6 .TAYLOR LAND SURVEYORS,- INC. 21.3 W. Sroadway P. O. 6ox 179 MOn tiCeI10, UN 55J62 Phone jF%76J-295—JJ88 Fax IV 763-295—J408 zYwIlIZ15f. r CERTIFICATE OF SURVEY FOR MAXINE TOPEL - GRAPHIC SCALE IN FEET 0 200 400 600 DEUOTES- IR-0:4 MGNUMENT FOUND IRON MONUMFNT SET & CAPPED RLS 15233 Lot I of Government Lot I Of Section 10, Township 121, Range 24, according to thea recorded plot in Book I Of SectiOnCill Plats, page 529. Wright County, Minnesota J ng de east of SILLSTRO',J'S MVERVIEW A00fTION, according to the recorded plat yi thereof. Wright County. Minnesota. , k -J Also: Those parts of Lots 6 and 7, or -cording to 0 Plat recorded in Wright County, t,Iinn t Recorder's Office In Book 1 of Sectional Plots. page 533 Of Section 15. TOwnsh Range 24 lying eGsterly of BiLLSTROM'S RIVERMEW AODMON. according to the ip 121, recorded I plot thereof, lying northerly of the centerline of 101right CO(Jnty Highway No. 39 except that part of said Loi 7 lying eosteriy of c, fine at the northeast corner of the West 231-00 feet of the Southeast Quarter- of the Northwest Ouarter of said Section 15; thence west along the north line of said Southeast Quarter of the Northwest Quarter being the north line of Lot a according to said plot recorded in Wright County. ).4innesoto Recorder's Office in Book 1 of Section GI Plats, page 533 and along the north line Southwest Quarter of said Northwest Quarter being the north line of said Lot 7. a distance of 451-90 feet; thence southwesterly deflecting 71 deigrees 38 minutes left, a distance of 495.05 feet to said centerline of Wright County Highwoy No. 39 and said line there terminating. Subject to the right of way of said Wright County Highway 39 over the south side thereof as shown on VMIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO- 6, according to the recorded plot thereof and subject to easements of record if any. �Li XOR7H LINE Of- 7H,- SW 11-4 OF P/C NW I NOR rH LINE OF THE" SZ- 1,14 OF 7HE NW 1X4 45T9[T) 2— N JV57-H LINfi- t 0 r 8 3r AP Jv 66 W N i–lz- Lu XP4 jo- IV I HEREBY CERTIFY THAT THIS SURVEY PLAN OR REPORT WAS PREPARED By ME OR UNDER MY DIRECT SUPERASION AND THAT I AM DULY REOSTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. qENN�ISV.. �TA G. NO.15233 DATIE ;_F -P3 7 41 `7 rr= zTF:-:­ A00 - V Y, L% J - 7 CERTIFICATE OF STTz3VEY FOR MAXATNE TOWEL L _T — — — — — — — — — — 279.26 — — — — — — — — — — IE 8.q'FY7 `19 E, 279.27twj irr 246. 2 7 > Qz Ln C.5 GRAPHIC SCALE IN FEET 196.27 IV 89 77 "fg_ W 22-9.27 0 50 1 DQ 150 NW CORMR OF ME NW 114 OF 7HE SW 114 It t IVOR;rH LAVE OF- FHE IVW IZ4 Of THE SW IZ4 OF SEC. M TlfP. 12 F' f, RC24, A JtRtaq;r couvry "oNumF-wr DENOTES: IRON MONUMENT FOUND IRON )AMWMENT SET & CAPPED RLS 115233 DESCRIPTION OF LAND TO BE ADDED. The South 50-00 feet of the West 279-26 feet of the Southwest Quorter of the Northwest Quorker and the West 279.27 feet -of - the Northwest Quarter of the Southwest-.0uar-fer. qU in Section 15. Township 121. Range. 24, Wright County. Minnesota IVriq north of the north line of the South 30 acres of a tract of land comprised of said Northwest Ovarter of the Southwest Quarter and the West 233.GO feet of the Northeast Quarter of the Southwest Quarter. Except the part described es follows: Beginning at the northwest Corner of said Northwest Quarter of the Southwest Quarter; thence south along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 474.96 feet to the (UC north fine of the South 30 acres of a troct of land comprised of said Northwest Quarter of F� the Southwest Guarter and the West 2,31.00 feet of the Northeost Quarter of the 4r Southwest Quarter; thence cost along soid ncff-th line, o distance of 229.27 feet; thence 7< F north parallel with the west line of sold Northwest Quarter of 'the Southwest Quarter, u distance of 475.02 feet to the north line of said Northwest Quarter of the Southwest Quarter; thence west clang said north line, a distance of 229-27 feet to the point of beginning. 4 DESCRIPTION OF THE COMBINED PROPERTIES: The South 50.0-0 feet of the West 279.26 feet of the Southwest Quarter Of the Northwest Quorter and the West 279.27 feet of sold Northwest Quarter of the Southwest Quarter all Liu in Secklon 15, Township 121, Range 24, Wright County, 'Minnesota lying north of the north line of the South 30 acres of a tract of land comprised Of Said Northwest Quarter of the Southwest- War -ter and the West 231.00 feet of the Northeast Quartair of the Southwest Ounrter. , 90 63J 50.00 .s rr if _279.27--`------ — — — — — zi 229.27 V ou. N 89,036 28 00 W AFFORTH LINE a` THE SOUP -1 JO 00 ACRES OF A TRACT COVFRID Or THE NW 114 THE SW 114 AND ;rHF- OES7 2Jf FEET OF 7RE lvf- 144 - THE W 114 a S TAYLOR LANDSURVEYORS. INC. 213 --1 , - 8-ro a dwaV - P. 0. -6ax 179 Mon aceiio,. AfIV 55362 Phone 76J-295-3,388 :,Fpeed' 76J-29.5-3408 DRAWN BY.• CHEC"D D Y. ELTAYLOR O. TAYLOR AREA OF LAND 70 ADDED.- J7,715 4 SO. FT OR 0-87 ACRES AREA OF COA&91NE2 PROPIFRnE-S 146,625 1 SO FT OR J 37 ACA C 5 I HEREBY CERTIFY THAT THIS SURVEY PLAN OR REPORT WAS PREPARED By ME OR UNDER MY DIRECT SUPER)ASION AND THAT I AM DULY REGISTERED LAND SURVEYDIR UNDER THE LAWS OF THE STATE OF MINNESOTA. 12 - t/,?rt 4MiNIS V. TAYLOR 0;/" DATE BOOK / PAGE SHERT 01% SCALE DATE DRAWK FILE NO. F— 393 / 70 1 3 I ?/19/11 11159