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ITEM 3.13601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPCL&PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego — Lindenfelser Bros LLC; CUP REPORT DATE: 11 May 2017 ACTION DEADLINE: 17 June 2017 BACKGROUND Matt and Kari Lindenfelser are proposing to subdivide a 1.3 acre lot from a 96.71 acre parcel located east of Kader Avenue approximately 940 feet north of 80th Street. The subject site is guided by the Comprehensive Plan for future agricultural uses and is currently zoned A-2, Agriculture Long Range Urban Service District. The applicant is requesting approval of a conditional use permit to allow a lot in the A-2 District with an area less than 20 acres for an administrative subdivision of one lot. A public hearing has been noticed for the Planning Commission meeting on 15 May 2017 to consider the application. Fvhihitc- A. Site Location B. Certificate of Survey ANALYSIS Comprehensive Plan. The subject site is within Urban Service Expansion Area W3 established by the Sewer Staging Plan of the 2012 Comprehensive Plan and is guided for continued agricultural land uses. Development density within the Urban Service Expansion Area is allowed at 1 dwelling unit per 10 acres. Based on the 96.71 acre area of the existing parcel and prior subdivisions, up to seven dwellings may be developed. There is one existing home within the 96.71 acre parcel at the northwest corner. Subdivision of an additional lot from the subject site will require a deed restriction limiting further development of the parent parcel to not more than six dwelling units. Zoning. The subject site is zoned A-2 District, which allows development density at one dwelling unit per 10 acres and the minimum lot size for lots established after October 2002 is 20 acres. The A-2 District allows for subdivision of lots less than 20 acres in area by approval of a conditional use permit consistent with the interim land use plan policies established by the Comprehensive Plan. 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: 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. Interim land use plan allows for subdivision of up to seven rural single family lots. The proposed subdivision is consistent with the interim land use plan. The proposed use's compatibility with present and future land uses of the area. Comment: Surrounding land uses currently consist of cultivated fields and large lot, rural 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 subdivision is not anticipated to generate additional traffic that that would exceed the capabilities of Kadler Avenue 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. 2 Comment: As a rural residential use consistent with the allowed density of the 2012 Comprehensive Plan, 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 development, the A-2 District requires that subdivided lots conform either to this 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. Section 20-52-5.1-1 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- 6.8 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. One (1) development right as allowed by Section 20-52-5.8 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. 3 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 location of the proposed lot will allow for logical further subdivision of the parent parcel in the future will local street accesses that will serve future development as well as existing lots and the proposed lots. A future public street may be constructed along the south lot line of the proposed lot when sanitary sewer and water utilities are available and the surrounding properties may be subdivided in the future. The proposed subdivision complies with the criteria outlined by the Zoning Ordinance for subdivision of lots less than 20 acres in area within the A-2 District. Setbacks. The table below illustrates the required setbacks of the A-2 District applicable to the proposed lot to be subdivided. The proposed house as shown on the certificate of survey will comply with setback requirements. Minimum Setbacks Kadler Ave. Side Rear Required 65 ft. loft. 50ft. Proposed Lot 115ft. 30ft./65ft. 78ft. Right -of -Way. The proposed lot abuts Kadler Avenue, which is designated by the 2012 Transportation Plan as a minor arterial street. Minor arterial streets require 150 feet of right- of-way. The certificate of survey must be revised to provide for dedication of an easement of 75 feet for the east half right-of-way with the proposed subdivision. Setbacks for the proposed house will be measured from the boundary of the right-of-way easement. The proposed lot will be accessed from Kadler Avenue. As a future minor arterial roadway, direct lot access to Kadler Avenue would be prohibited in the future. City staff recommends a condition of approval be included with the conditional use permit that direct access to Kadler Avenue must terminate upon construction of local street access to the lot. 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 a revised survey to be submitted to subdivide the lot administratively and are subject to review and approval by the City Engineer. 11 Park and Trail Dedication. The subdivision of the existing parcel creating two parcels requires dedication of land or a cash fee in lieu of land for park and trail dedication in accordance with Section 21-7-18 of the Subdivision Ordinance. 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 CUP 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: The application for administrative subdivision shall be submitted and processed in accordance with Section 2 of the Subdivision Ordinance. 2. The proposed 1.3 acre parcel shall be deed restricted to not more than one development right. 3. The remaining 95.41 acre parcel shall be deed restricted to not more than six development rights. 4. Direct access to Kadler Avenue from the 1.3 acre parcel shall terminate upon future construction of a local street accessing the lot. 5. The boundary survey shall be revised to dedicate 75 feet for the east half right- of-way of Kadler Avenue. 6. The subdivided lots shall provide for dedication of drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 7. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 8. 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 finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Matt and Kari Lindenfelser 0 ,1N 1 1 8800 1 41 400' r' NW 44 t° " 14 i ,ti .. 118800133300 i f ' SW 18800444300 11'8800144400ya. wf 11:8800231e1;00 T 1.18800221'400 1188�U232400 S S NE_ SE SVT 118800233100 11 r 118800224:100 5W y �� 1 11880023'4300 � _ S 11880023'41 1'18800224400 118800261 "1 �: T - P- i %b, u • r. ,e 11880027110 118800262 o Location of proposed lot +�� NE f N E N W ' .200 r SW N l 11,88002614 .. 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