ITEM 4.1 Praight CUPIV
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MINNESOTA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 August 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.1— Praught CUP
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a conditional use permit allowing a lot with area less than 20 acres
within an A-2 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Held by Planning Commission 15 August 2016.
BACKGROUNDMUSTIFICATION:
Brad and Deborah Praught are proposing to divide a 2.5 acre lot from the balance of the 86.58 acre
parcel at the northeast corner of 60th Street (CSAH37) and McAlister Avenue to be developed with a
single family dwelling. There is one single family home and several detached accessory buildings on the
subject site currently. The subject site is guided by the Comprehensive Plan for future industrial uses
and is currently zoned A-2, Agriculture Long Range Urban Service District. The property owner is
requesting approval of a conditional use permit for a lot in the A-2 District with an area less than 20
acres to allow for an administrative subdivision of one lot.
The Planning Commission held a public hearing to consider the application on 15 August 2016. There
were no public comments. The Planning Commission also had no comments. The public hearing was
closed and the Planning Commission voted 7-0 to recommend approval subject as outlined in the
attached findings of fact.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 9 August 2016
B. Findings of Fact
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve a conditional use permit for Brad and Deborah Praught subject to the conditions
outlined in the findings of fact and decision dated August 16, 2016.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 56303
Phone: 763.231 .6840
Facsimile: 763.427.0520
TPCPP1anningCo.corn
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Praught; A-2 District Lot Area CUP
REPORT DATE: 9 August 2016
ACTION DEADLINE: 18 September 2016
TPC FILE: 101.02
BACKGROUND
Brad and Deborah Praught are proposing to divide a 2.5 acre lot from the balance of the 86.58
acre parcel at the northeast corner of 60th Street (CSAH37) and McAlister Avenue to be
developed with a single family dwelling. There is one single family home and several detached
accessory buildings on the subject site currently. The subject site is guided by the
Comprehensive Plan for future industrial uses and is currently zoned A-2, Agriculture Long
Range Urban Service District. The property owner is requesting approval of a conditional use
permit for 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. Certificate of Survey
ANALYSIS
Zoning. The subject site is zoned A-2 District and guided for future industrial uses. The A-2
District allows for development at one dwelling unit per 10 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. A subdivision was approved in 2004
subdividing one lot from the subject site but there are seven entitlements remaining with the
property under the current Comprehensive Plan, including the existing single family dwelling.
Consideration of the requested conditional use permit application is to be 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 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 A-2 District zoning allows
for subdivision of up to seven rural single family lots at a density of one dwelling unit per
10 acres. The proposed subdivision is consistent with the interim land use plan
provisions of the Comprehensive Plan.
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 generate traffic consistent with that of a single family
dwelling that is within the capabilities of the existing streets serving the property.
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.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and
minimum width of 450 feet. In order to maintain contiguous tracts of land for future urban
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development, the A-2 District requires that subdivided lots conform either to the 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 a lot having an area of 2.5 acres
for construction of a new single family dwelling within the entitlements allowed by the
Comprehensive Plan. 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:
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.
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.
& 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 proposed lot complies with the minimum lot area requirement of one acre, maximum lot
area requirement of 2.5 acres and minimum lot width of 150 feet. A concept plan for
utilization of the balance of the agricultural property is not necessary at this time as the
proposed lot squares the southwest corner of the property with the existing single family
dwelling and detached accessory buildings. 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 21-2-1.0 of the Subdivision Ordinance. The remaining agricultural parcel will be
required to be deed restricted to not more than six development rights (including the existing
single family dwelling.
Access. The proposed parcel has frontage to 60th Street (CSAH 37) and McAlister Avenue. The
2012 Comprehensive Plan designates 60th Street as a collector roadway to which direct access is
not allowed. The proposed single family dwelling will need to access McAlister Avenue, which
is a gravel rural section roadway that can accommodate traffic generated by the proposed
single family dwelling. McAlister Avenue exists by prescriptive easement allowing the City
rights to the maintained portion of the roadway. The property owner will be required to
provide a 30 foot roadway easement for the east half of the McAlister Avenue right-of-way and
40 foot easement for the north half of 60th Street (CSAH 37) (also subject to Wright County
approval) with the administrative subdivision.
Setbacks. The table below illustrates the required setbacks applicable to the the proposed lot
to be subdivided. The location of the proposed single family dwelling complies with applicable
setback requirements.
Minimum Setbacks
60`�' Street
McAlister
Ave.
North
West
Required
65 ft.
35ft.
10 ft.
50 ft.
Proposed
135ft.
195ft.
90ft.
66ft.
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.
4
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 lot 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.
RECOMMENDATION
City staff recommends approval of the requested Conditional Use Permit as outlined below.
POSSIBLE ACTIONS
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:
1. The application for administrative subdivision shall be submitted and processed
in accordance with Section 2 of the Subdivision Ordinance.
2. The balance of the parent parcel shall be deed restricted after subdivision of the
single family lot to not more than six development rights.
3. The administrative subdivision shall provide for dedication of a roadway
easement for the east half of McAlister Avenue and north half of 601h Street
(CSAH 37), subject to review and approval of the City Engineer and Wright
County.
4. 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.
5. 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. The ability of the proposed lotto accommodate on -site septic and well utilities
shall be subject to review and approval by the City Engineer.
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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. Motion to table.
Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Anthony Praught, Applicant
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APPLICANT: Brad and Deborah Praught
08-16-16
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Consideration of a conditional use permit to allow subdivision of a lot with less than
20 acres within the A-2 District.
CITY COUNCIL MEETING: 22 August 2016.
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The subject site is guided by the Comprehensive Plan for future industrial uses within the
Urban Service Expansion Area.
C. The subject site is zoned A-2, Agriculture Long Range Urban Service District.
D. The applicant is requesting approval of an administrative subdivision to allow subdivision of a
lot with less than 20 acres. Lots less than 20 acres are allowed within the A-2, Agriculture
Long Range Urban Service District by approval of a conditional use permit subject to Section
20-52-5.H of the Zoning Ordinance.
E. Consideration of the application is to be based upon (but not limited to) the criteria set forth
by Section 20-4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan guides the site for interim rural land uses until
sanitary sewer and water utilities are available. The proposed A-2 District zoning
allows for subdivision of up to seven rural single family lots at a density of one
dwelling unit per 10 acres. The proposed subdivision is consistent with the interim
land use plan provisions of the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: 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.
Finding: 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.
Finding: The proposed use will generate traffic consistent with that of a single family
dwelling that is within 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.
Finding: The proposed subdivision can be accommodated by the City's existing
service capacity.
F. The Planning Report dated 9 August 2016 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15
August 2016 to consider the application, preceded by published and mailed notice; upon
review of the application, and other evidence, the public hearing was closed and the
Planning Commission recommended by a 7-0 vote that the City Council approve the Zoning
Map amendment based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the proposed Zoning
Map amendment is hereby APPROVED, 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 balance of the parent parcel shall be deed restricted after subdivision of the single family
lot to not more than six development rights.
3. The administrative subdivision shall provide for dedication of a roadway easement for the
east half of McAlister Avenue and north half of 60th Street (CSAH 37), subject to review and
approval of the City Engineer and Wright County.
4. 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.
5. 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. 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.
7. Access to the proposed lot shall be limited to McAlister Avenue or other future local street; no
driveway shall be constructed to 60th Street (CSAH 37).
MOTION BY:
SECOND BY:
ALL IN FAVOR:
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THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 22"d day of August, 2016.
Tami Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
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