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ITEM 2.1IEM 2 3601 Thurston Avenue N, Suite 100 I -r .1 Anoka, MN 66303 Phone: 763.231.5840 Facsimile: 76:3.427.0520 TPOP Plan ni ngCo.cora PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AlCP RE: Otsego — Vetsch; A-2 District Lot Area CUP REPORT DATE: 27 June 2013 TPC FILE- 101.02 — 13.06 BACKGROUND Todd and Kristy Vetsch are proposing a lot line adjustment to add additional property to their single family lot located at 11140 80th Street E. The additional property is to acquired from a surrounding 71.98 acre property owned by Mr. Vetch's parents. The Comprehensive Plan designates the subject site for future Low to Medium Density Residential Uses within Urban Service Expansion Area W2. The subject site and surrounding parcel are zoned A-2 District from when the subject site was subdivided in 2001. The proposed addition of property to the subject site requires consideration of a conditional use permit to allow a lot larger than 2.5 acres within the A-2 District. A public hearing to consider the application has been noticed in accordance with the Zoning Ordinance and State Statute for I July 2013 at 7:00 PM. Exhibits: A. Site Location B. Certificate of Survey ANALYSIS Lot Requirements. The subject site has an area of 1.0 acre. The applicants are proposing to add 4.92 acres to the subject site from the surrounding parcel making the total lot area 5.92 acres. As a lot of record established prior to 14 October 2002, the minimum lot requirements for the subject site are one acre in area and 150 feet of frontage to a public street, which the subject site complies with. The A-2 District also establishes a maximum lot area of 2.5 acres to ensure that large tracts of property are maintained so as to facilitate future extension of utilities and streets with expansion of the sewer districts. A lot less than 20 acres but greater than 2.5 acres in area 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. 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, cry 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. 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. B. 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. 0) Within the area of the proposed 5.92 acre parcel, approximately 2.21 acres are wetlands that are unbuildable. The additional upland area within the proposed 5.92 acre parcel are primarily irregular shaped areas that would not allow for subdivision of a separate parcel and would be difficult to utilize as part of the larger surrounding parcel. There is an area on the west side of the proposed parcel that could be potentially subdivided as a lot meeting the minimum requirements of the A-2 District. However, the boundaries of the proposed parcel fill in the gap between the subject site another existing lot at the northeast corner of 8 oth Street and LaBeaux Avenue (CSM 19) making for a contiguous arrangement of small tracts. Setbacks. The proposed lot is subject to the following setback requirements shown below and the existing structures on the lot comply with these setbacks. 80th Street East North West Wetland 35ft. 1 Oft, 50ft. 1 Oft. 40ft Feedlot. There is a registered feedlot to the east of the subject site. Section 20-27-9 of the Zoning Ordinance establishes a setback requirement of 1 000 feet from the feedlot building(s) to any new dwelling unit. The existing single family home on the subject site was constructed more than 1 000 feet from the registered feedlot in compliance with this requirement. Furthermore, the proposed addition of property to the subject site does not move the east lot line of the subject site closer to the feedlot. 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. City staff also recommends that the wetland and 20 foot wetland buffer required by Section 20-16-9.E of the Zoning Ordinance be overlaid by drainage and utility easement. The proposed boundary of the 5.92 acre parcel at it's northwest corner follows the edge of the wetland. City staff recommends that this proposed lot line be adjusted to include the wetland and the 20 foot wetland buffer within the subject site such that it is protected by the drainage and utility easement. Utilities. The existing single family dwelling on the subject site is served by an individual on-site septic system and well. In that the lot line adjustment results in additional property being added to the lot on which the dwelling is 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. 3 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 the West Sewer District is expanded to allow for urban uses. The existing and proposed use of the property with a single family dwelling is consistent with the policies of the Comprehensive Plan and the application does not result in any additional development rights being established. 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 uses. The application will not alter the character of the existing or potential uses of the area. Direction Land Use Plan Zoning Map Existing Use North LD/MD Residential A-2 District Agriculture East LD/MD Residential LD Residential A-2 District A-1 District Agriculture Feedlot South MD/HD Residential A-1 District Farm West LD/IIID Residential A-2 District Agriculture Single Family 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. Com en 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. 4 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 resulting in a lot with an area greater than 2.5 acres, subject to the following conditions: Tine application for administrative subdivision shall be submitted and processed in accordance with Section 2 of the Subdivision Ordinance. 2. The boundaries of the proposed parcel are adjusted at the northwest corner to include the wetland and 20 foot wetland buffer required by Section 20-16-9.E of the Zoning Ordinance within the proposed parcel, subject to review and approval of City staff. 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 and overlying the wetland and required wetland buffer, 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 Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Todd and Kristy Vetsch, applicant 5 Mew � 3 � 1 } � � r J I d )adsE//�++ - �' yyy HCL L �I ■■�y, 1' UNIC . PPIVATECL, TPL ty/Township Limas C t Parcels ri � Ytri* i 0 4. 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