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ITEM 4.1 Vetsch CUP0, CITY OF 01 t 0 MINNESOTA g DFPARTMFNT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT, REQUESTOR: MEETING DATE' Planning City Planner Licht 8 July 2013 PRE SENTER(s)- REVIEWED BY: ITEM #' City Planner Licht City Administrator Johnson 4.1-- Vetsch CUP AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a CUP allowing a lot larger than 2.5 acres within the A-2 District at 1114080th Street NE. ARE YOU SEEKING APPROVAL OF A CONTRACT? No. BACKGROUND/JUSTI FICATION, IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 1 July 2013. Todd a n d Kri sty Vetsch are pro pos ing a lot I i ne adjustment to add additional property to their si ngle family lot located at 11140 8 ooh Street NE. 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 was held by the Planning Commission on I July 2013 at 7:00 PM. Mr. and Mrs. Vetsch were present. There was no public in attendance to speak. The Planning Commission had no issues with the application, closed the public hearing and voted 5-0 to recommend approval Subject to the conditions outlined in the findings of fact attached hereto. SUPPORTING DOCUMENTS: ii ATTACHED ci ONE A. Planning Report dated 27 June 2013 B. Findings of Fact C. Memo from the City Engineer POSSIBLE MOTION Please word motion as you would I ike 1t to appear In the mInutes. Motion to approve a conditional use permit allowing the lot at 11140 80th Street to have an area greater than 2.5 acres subject to the stipulations outlined in the findings of fact as presented. BUDGET INFORMATION - FUNDING: BUDGETED: Ei YES NA Ei NO ACTION TAKEN o APPROVED AS REQUESTED D DENIED m TABLED ❑ OTHER (List changes) COMMENTS: Y 0 Ot C1Te IF 0 MINNESOTA -g APPLICANT: Todd and Kristy Vetsch 07-02-13 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Approval of a conditional use permit to allow a lot with an area greater than 2.5 acres within the A-2 District at 11140 80th Street NE. CITY COUNCIL MEETING: 8 July 2013 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 PID 118-800-243301 located within the City of Otsego, County of Wright, State of Minnesota. B. The subject site is located within Urban Service Expansion Area W2 and guided for future Low to Medium Density Residential Uses by the Comprehensive Plan. C. The subject site is zoned A-2, Agriculture Long Range Urban Service District. D. The subject site has an area of 1.0 acres and is developed with a single family residneital use. E. The applicants are proposing an administrative subdivision to add 4.92 acres to the subject site making the total area of the site 5.92 acres; Section 20-52-5.H allows lots within the A-2 District having an area less than 20 acres but greater than 2.5 acres as a conditional use. F. Consideration of the application is to be based upon (but not limited to the criteria set forth by Section 20-4-21 of the Zoning Ordinance: I. 4 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. 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 ch ara der of the existing or potential uses of the area Direction Land Use Plan Zoning Map Existing Us,., 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 1 West LD/MD Residential A-2 District Agriculture Single Famil 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 publiG services and facilities and will not overburden the City's service capacity. Comment.- The proposed subdivision can be accornmodated by the City's existing service capacity. G. The Planning Report dated 27 June 2013 prepared by the City Planner, The Planning Company LLC., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on I July 2013 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 5-0 vote that the City Council approve the application based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is 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 lot 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. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Comm it of the City of Otsego this 8'h day of July, 2013. Tari Luff, City Clerk 3 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Main Office: (arson 3601 Thurston Avenue, Anoka, NfT5530 1 n Phone: 763/427-5860 Fax: 763/427-0520 35 171IAnderso%vNv-%v.I.iaa-inc.com MEMORANDUM TO: Honorable Mayo- and City Council CC: Lori Johnson, City Administratoi- Tanii Loff, City Cleflc Dan Licht, City Plannei- FROM: Ronald J. Wagner, P.E., City Li ngineer DATE.- Jul 3, 2 013 RE: Todd & Ki-isty et ch - Rezoning We have reviewed the Certificate of Survey and have the following two comments d' Right of 1. The Ceftificate of Survey does not indicate 80"' Street as deeded City Right of Way. Wetland A wetland buffer or conservation easement must be shown 20' setback from the delineated we land. The delineated wetland and the conservation easement must be within a drainage easement.