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ITEM 4.1 Betty Benson1P OtSer o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 25 September 2017 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht 4.1— Betty Benson AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a Zoning Map amendment and PUD -CUP to allow a lot line adjustment for lots zoned A-2 District. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 18 September 2017 BACKG R O U N D/J USTI FI CATI ON: Ms. Betty Benson, together with two abutting property owners, has submitted a certificate of survey to adjust lot lines for four parcels along the east side of Mason Avenue. No new lots are being subdivided. The purpose of the lot line adjustment is to "square" the parcels and make for more logical boundaries based on conditions in the field. The lot line adjustment can be approved administratively as a minor subdivision in accordance with Chapter 2 of the Subdivision Ordinance. However, one of the resulting parcels has a lot width less than that required for the Zoning Ordinance. To allow the reduced lot width, the property owners have requested approval of a Planned Unit Development -Conditional Use Permit (PUD -CUP). An amendment of the Zoning Map will also rezone one of the subject sites from A-1 District to A-2 District. The Planning Commission held a public hearing on 18 September 2017 to consider the application. Betty Benson and Laura Benson were present as the applicants. There were no comments from the public. The Planning Commission had no questions or comments regarding the application. The public hearing was closed and the Planning Commission voted 6-0 to recommend City Council approval of the application. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 14 September 2017 • Zoning Map Findings of Fact and Decision • Ordinance 2017-13 amending the Zoning Map • PUD -CUP Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2017-13 amending the Zoning Map and approve a PUD -CUP for Betty Benson subject to the conditions outlined in the findings of fact and decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: NA TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 14 September 2017 ACTION DATE: RE: Otsego — Holy Ground; PUD-CUP/Lot Line Adjustment TPC FILE: 101.01 BACKGROUND Ms. Betty Benson, together with two abutting property owners, has submitted a certificate of survey to adjust lot lines for four parcels along the east side of Mason Avenue. No new lots are being subdivided. The purpose of the lot line adjustment is to "square" the parcels and make for more logical boundaries based on conditions in the field. The lot line adjustment can be approved administratively as a minor subdivision in accordance with Chapter 2 of the Subdivision Ordinance. However, one of the resulting parcels has a lot width less than that required for the Zoning Ordinance. To allow the reduced lot width, the property owners have requested approval of a Planned Unit Development -Conditional Use Permit (PUD -CUP). A public hearing to consider the application has been noticed for the Planning Commission meeting on 18 September 2017 at 7:OOPM. Exhibits: Site Location Map Certificate of Survey (2 sheets) ANALYSIS Zoning. Parcels A, B, and D are zoned A-2, Agriculture Long Range Urban Service District, whereas Parcel C is zoned A-1, Agriculture Rural Service District. Parcels A, B, and D were approved apart of the Holy Ground final plat in 2002, which included a conditional use permit allowing lots less than 20 acres in area and lot widths less than 450 feet. Parcel C is an existing lot of record as of 14 October 2014 and is required to have a minimum lot area of one acre and minimum width of 150 feet. Lot Requirements. All of the parcels are required to have a minimum lot area of one acre and minimum lot width of 150 feet. The table below describes the existing lot area and lot width of each parcel and that which is being proposed on the submitted certificate of survey: Parcel Existing Side Proposed Min. Setback 35ft. Lot Area Lot Width Lot Area Lot Width A 10.01ac. 387ft. 13.2ac. 387ft. B S.00ac. 180ft. 5.73ac. 330ft. C 4.05ac. 262ft. 1.52ac. 196ft. D 14.69ac. 150ft. 13.29ac. 66ft. All of the proposed parcels comply with the minimum lot area and width requirements established by the Zoning Ordinance, except Parcel D. The Certificate of Survey adjusts lot lines such that the 150 foot wide portion of Parcel D abutting Mason Avenue is attached to Parcel B; The south lot line for Parcel C is to be adjusted to attach the south 66 feet of that parcel to Parcel D. The adjustment in boundaries between Parcels C and D reflect the in-place driveway across Parcel C used to access the single family dwelling on Parcel D. The 66 foot width of the driveway corridor to Mason Avenue is such so as to allow for the opportunity to dedicate right-of-way and construct a public street access at such time in the future when Parcel D may be further subdivided. Allowance of the lot width less than 150 feet for Parcel D may be allowed by approval of a PUD -CUP. Setbacks. The table below summarizes the minimum setback requirements applicable to each existing and proposed parcel. All of the existing buildings within the proposed parcels will comply with minimum setback requirements for each yard. Yard Front Side Rear Min. Setback 35ft. 10ft. 50ft. Easements. The Certificate of Survey does not identify drainage and utility easements at the perimeter of each parcel. A 10 foot drainage and utility easement is required by Section 21-7- 15 of the Subdivision Ordinance at the perimeter of each parcel (5 feet each side of common lot lines) and must be shown on a revised Certificate of Survey. The revised Certificate of Survey must also dedicate a 40 foot right-of-way easement for Mason Avenue for each parcel consistent with the Transportation Plan designation of the roadway as a Minor Collector Street. Utilities. Each parcel is currently served by on-site septic and well utilities. The proposed lot line adjustment as shown on the Certificate of Survey will not affect the existing utilities serving the parcel. N Park Dedication. The proposed lot line adjustment does not result in subdivision of any new lots. As there are no new lots created, the proposed lot line adjustment does not impact the City's park and trail system. No park dedication is required as part of the proposed lot line adjustment. Criteria. Consideration of the PUD -CUP application is to be based upon, but not limited to, the criteria established in Section 20-2-4.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject sites are guided for future low density residential development within Urban Service Expansion Area W2. Low density residential development will not occur until such time as sanitary sewer and water utilities are extended. In the interim, the subject sites are allowed development of rural residential uses at a density not to exceed one dwelling per 10 acres. Parcels A, 8, and D were approved as an interim rural residential plat consistent the Comprehensive Plan and Parcel C is an existing lot of record. The proposed lot line adjustment and PUD -CUP to allow Parcel D to have a lot width of 66 feet does not intensify or even alter the existing development in the area and is consistent with the intent of the Comprehensive Plan for interim rural land uses. 2. The proposed use's compatibility with present and future land uses of the area. Comment: As the proposed lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, there will be no compatibility issues created with surrounding rural residential uses or future low density residential development. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed lot line adjustment will comply with all requirements of the Zoning Ordinance and Subdivision Ordinance except as modified by the PUD -CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed lot line adjustment and PUD -CUP will not result in any increase in traffic generation. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, which are currently accommodated within the City's existing service capacity. RECOMMENDATION Our office recommends approval of a PUD -CUP to allow Parcel D to have a lot width of 66 feet subject to the conditions outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a PUD -CUP for Parcel D to allow a minimum lot width of 66 feet subject to the following conditions: 1. The parcel shall comply with the minimum lot area requirements of the Zoning Ordinance. The parcel and all principal or accessory buildings shall comply with the minimum setback requirements of the Zoning Ordinance. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. C. 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CITY COUNCIL MEETING: 25 September 2017 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Expansion Area W2 and is guided for low density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The applicant is requesting amendment of the Zoning Map rezoning the property to A-2, Agriculture Long Range Urban Service District. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.17 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The subject sites are guided for future low density residential development within Urban Service Expansion Area W2. Low density residential development will not occur until such time as sanitary sewer and water utilities are extended. In the interim, the subject sites are allowed development of rural residential uses at a density not to exceed one dwelling per 10 acres. Parcels A, B, and D were approved as an interim rural residential plat consistent with the Comprehensive Plan and Parcel C is an existing lot of record. The proposed lot line adjustment and PUD -CUP to allow Parcel D to have a lot width of 66 feet does not intensify or even alter the existing development in the area and is consistent with the intent of the Comprehensive Plan for interim rural land uses. 2. The proposed use's compatibility with present and future land uses of the area. Finding: As the proposed lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, there will be no compatibility issues created with surrounding rural residential uses or future low density residential development. 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 lot line adjustment will comply with all requirements of the Zoning Ordinance and Subdivision Ordinance except as modified by the PUD - CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed lot line adjustment and PUD -CUP will not result in any increase in traffic generation. 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 lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, which are currently accommodated within the City's existing service capacity. F. The planning report dated 14 September 2017 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 18 September 2017 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 25th day of September, 2017. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2017-13 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PID 118-500-191201. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally by Exhibit A. Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District to A-2, Agriculture, Long Range Urban Service District designation. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2013. ADOPTED by the City Council of the City of Otsego this 11th day of March, CITY OF OTSEGO go Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk W 0tCITYF o MINNESOTA CDP APPLICANT: Betty Benson 18 September 17 FINDINGS & DECISION PUD -CUP APPLICATION: Request for a PUD -CUP allowing a lot within the A-2 District with a width of 66 feet. CITY COUNCIL MEETING: 25 September 2017 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Expansion Area W2 and is guided for low density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-2, Agriculture Long Range Urban Service District. D. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment 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 Otsego Comprehensive Plan. Finding: The subject sites are guided for future low density residential development within Urban Service Expansion Area W2. Low density residential development will not occur until such time as sanitary sewer and water utilities are extended. In the interim, the subject sites are allowed development of rural residential uses at a density not to exceed one dwelling per 10 acres. Parcels A, B, and D were approved as an interim rural residential plat consistent with the Comprehensive Plan and Parcel C is an existing lot of record. The proposed lot line adjustment and PUD -CUP to allow Parcel D to have a lot width of 66 feet does not intensify or even alter the existing development in the area and is consistent with the intent of the Comprehensive Plan for interim rural land uses. 2. The proposed use's compatibility with present and future land uses of the area. Finding: As the proposed lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, there will be no compatibility issues created with surrounding rural residential uses or future low density residential development. 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 lot line adjustment will comply with all requirements of the Zoning Ordinance and Subdivision Ordinance except as modified by the PUD -CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed lot line adjustment and PUD -CUP will not result in any increase in traffic generation. 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 lot line adjustment and PUD -CUP will not intensify or alter the character of existing development of the subject sites, which are currently accommodated within the City's existing service capacity. E. The planning report dated 14 September 2017 prepared by the City Planner, The Planning Company LLC., is incorporated herein. F. The Otsego Planning Commission held a public hearing at their regular meeting on 18 September 2017 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: The parcel shall comply with the minimum lot area requirements of the Zoning Ordinance. 2. The parcel and all principal or accessory buildings shall comply with the minimum setback requirements of the Zoning Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 25th day of September, 2017. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor