ITEM 2.2111T`11E1 2.2
3601 Thurston Avenue N, Suite 100
Anoka, MN 66303
Phone: 763.231.6840
Facsimile: 763-427.0620
TPCPPlanning Coxom
PLANNING REPORT
TO: Otsego Planning Commission
FROM- Daniel Licht, AICP
RE: Otsego — Montgomery Farms; Zoning Map Amendment/CUP
REPORT DATE: 27 February 2013
ACTION DEADLINE: 8 April 2013
TPC FILE: 101.02 — 13.03
BACKGROUND
Montgomery Farms has acquired 66.08 acres consisting of three parcels adjacent to
83rd Street between Nashua Avenue and Mason Avenue. The property owner intends
to continue to use the property for crop production but wishes to subdivide at least one
single family lot from the property. The subject site is guided by the Comprehensive
Plan for future low density residential uses and is currently zoned A-1, Agriculture Rural
Service District and is also within the Shoreland Overlay District of a natural
environment lake east of the property. The property owner is requesting approval of a
Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District
and a CUP allowing a lot in the A-2 District with an area less than 20 acres to allow for
an administrative subdivision of one lot.
Exhibits:
A. Site Location
B. Parcel Map
ANALYSIS
Comprehensive Plan. The subject site is zoned A-1 District, which allows
development density at one dwelling unit per 40 acres and the minimum lot size for lots
established after October 2002 is 20 acres. The applicant is requesting a rezoning of
the three parcels having an area of 66.08 acres to A-2 District. The A-2 District allows
for development at four dwelling units per forty acres and subdivision of lots less than
20 acres in area by approval of a conditional use permit consistent with the interim land
use plan established by the Comprehensive Plan.
Parcel I PID
Area
A 118-500-203200
25.97ac.
B 118-500-1941 01
20.05ac.
118-500-191102
20.06ac.
-C TOTAL
66.08ac..
The subject site would be allowed up to six lots subject to applicable minimum lot
requirements. In order to maintain contiguous tracts of land for future urban
development, the A-2 District requires that subdivided lots conform either to a minimum
lot area of 20 acres or that all but one lot not exceed 2.5 acres in area subject to
approval of a conditional use permit. The applicant is proposing to subdivide one lot at
the south east corner of the subject site abutting 83rd Street within Parcel A.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres
and minimum width of 450 feet. Section 20-52-5.H of the Zoning Ordinance allows for
the creation of lots less than 20 acres in area within the A-2 District by conditional use
permit 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
2'0-52-+ . B of this Chapter is submitted and recorde d with the
subdivision.
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. C of this Chapter
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C. One (1) de velopmen t righ t as allowed by section 0-52-6. 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.
The applicant is proposing to subdivide one lot at the southeast corner of the subject
site. The subdivision application may be processed administratively in accordance with
Section 2 of the Subdivision Ordinance. An application to subdivide additional lots
within five years from the date of approval of an administrative subdivision will require
application for preliminary and final plat approval as established by Section 21-2-'1-c of
the Subdivision Ordinance. In that the proposed lot will be required to conform to the
minimum and maximum lot requirements for lots less than 20 acres in area outlined
above and located at a property corner to minimize conflict with use of the balance of
the property a concept plan for utilization of the balance of the lots is not necessary at
this time.
Parcel A will be required to be deed restricted to not more than one additional building
site. Parcels B and C will be required to be deed restricted to not more than two
development rights per parcel (but cannot be built on or subdivided as they do not have
direct access to a public street). These five development rights would be able to be
redistributed within the subject site as part of a future subdivision request to cluster the
building sites and maintain contiguous property for continued crop production and future
urban development.
Access. The subject site is accessed from 83rd Street, which is a gravel roadway
designated as a local street by the Comprehensive Plan, The street exists by
prescriptive easement allowing the City rights to the maintained portion of the roadway.
The applicant will be required to dedicate a 30 foot roadway easement for the north
one-half of 83rd Street with the administrative subdivision of the proposed lot.
When the one dwelling unit per 10 acre density allowance for areas outside of the
Sewer Service District was established with the 1998 Comprehensive Plan, the
3
Planning Commission and City Council discussed that a gravel roadway would be
considered to be an "improved" public street for the purposes of allowing additional
subdivision. Note however that construction of any new streets within the subject site
that may be necessary to allow additional subdivision would be required to be paved in
accordance with the section design requirements of the Engineering Manual.
The Comprehensive Plan also guides extension of 85th Street a parkway street west of
Nashua Avenue through the northern portion of the subject site. The City has done
preliminary design work for the location of the roadway to allow for right-of-way
acquisition. City staff does not recommend dedication of right-of-way for 85th Street at
this time as the construction of the roadway would be anticipated to coincide with 5th
availability of urban services to the area. Requiring dedication of right-of-way for 8
Street as part of this interim rural subdivision would be premature but City staff will
discuss with the applicant acquisition of an easement for the future right-of-way that
would allow them continued use of the property until such time as the roadway is
constructed.
Setbacks. The table below illustrates the required setbacks applicable to the subject
sites and the proposed lot to be subdivided from Parcel A.
Minimum Setbacks
83 rd
Street Side
Fear
35 ft. 10 ft.
5 0 ft.
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.
Park and Trail Dedication. The subdivision of the subject site to create an additional
lot will require dedication of land or a cash fee in lieu of land for park and trail
dedication. City staff recommends that the applicant pay a cash fee in lieu of land for
the additional lots created by the administrative subdivision satisfying park and trail
dedication requirements due with this application.
Utilities. The proposed lot would be served by individual on-site septic and well
utilities. The applicant must identify primary and secondary drain field sites and septic
tank locations with the application for the administrative subdivision. The suitability of
the lots to accommodate on site utilities is subject to review and approval by the City
Engineer.
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
20-3-25 and Section 20-4-2.F of the Zoning Ordinance:
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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 sanitary sewer and water utilities are available. The proposed rezoning will
allow for a subdivision of up to six rural single family lots, which is consistent with
the interim land use plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: Surrounding land uses currently consist of primarily agricultural -rural
service area uses and large lot single family uses. The surrounding area is also
guided for rural land uses until such time as urban services are available. As
such, the proposed subdivision will be compatible with the existing and planned
land uses surrounding the subject site.
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 proposed use is not anticipated to generate traffic that will
overwhelm the capabilities of the existing streets serving the property.
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.
R
POSSIBLE ACTIONS
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 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.
C. Motion to table.
Decision 2 — Conditional Use Permit and Preliminary/Final Plat
A. Motion to approve a conditional use permit allowing administrative subdivision of
a lot with an area less than 20 acres within the A-2 District, 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 maximum area of the lot proposed to be subdivided shall be 2.5 net
acres with a minimum width of 150 feet and shall comply with all other
applicable lot and setback requirements of the A-2 District.
3. The parcels shall be deed restricted to limit further subdivision to not more
than the following number of dwelling units:
Parcel
PID
Allowed
DU
A
118-500-203200
1
B
118-500-194101
2
C
118-500-191102
2
4. The applicant shall dedicate a 30 foot roadway easement for the north
one-half of 83rd Street with the administrative subdivision, subject to
review and approval by the City Engineer.
5. The proposed lot to be subdivided 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.
6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision
application.
6
7. The ability of the proposed lot to accommodate on-site septic and well
utilities shall be subject to review and approval by 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
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
7
Exhibit A -Sits Location Date Created: 2/28/20U
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Date Cfeated: 2/28/2013
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