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Home My WebLink About2007-09-05 PACKET 08.DREQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/5/07 � � PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR ��...��,��.��,��,��..��. COUNCIL ACTION REQUEST Consider approving the rezoning of approximately 9.55 acres of land located a quarter mile west of Manning Avenue and north of 114th Street from AG-1, Agricultural Preservation, to R-1, Rural Residential. STAFF RECOMMENDATION Adopt the ordinance approving the rezoning of 9.55 acres of land from AG-1 to R-1 and the resolution authorizing publication of an ordinance summary. ADVISORY COMMISSION ACTION DATE � PLANNING 8/27/07 � PUBLIC SAFETY 8/21/07 ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS �/ /r�l // � ■ // REVIEWED ❑ � ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ MEMO/LETTER: Memo from John M. Burbank dated 8/31/07 RESOLUTION: Draft - Ordinance Summary ORDINANCE: Draft - Zoning Amendment ENGINEERING RECOMMENDATION: DENIED ❑ ❑ ❑ ❑ ❑ ❑ LEGAL RECOMMENDATION: OTHER: Excerpt from 8/27/07 Planning Commission minutes (Monday Packet) ADMINISTRATORS COMMENTS �� '� ��°� City Administrator Date «��,��.��,��,�� COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER a� �'� � r»_.� CITY OF COTTAGE GROVE � MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: August 31, 2007 RE: Zoning Amendment — Property on 114th Street, West of Manning Avenue w � Z W a � z z z ¢ � Proposal Jason Holt has applied for a zoning amendment to change approximately 9.55 acres of land from AG-1, Agricultural Preservation, to R-1, Rural Residential. The property is located approximately one-quarter of a mile west of Manning Avenue South (State Trunk Highway 95) and north of 114th Street South. The agriculturally zoned property currently has a deed restriction prohibiting any development until the property is rezoned or the ordinance criterion is modified. The applicant is seeking the rezoning in pursuit of constructing a single family residence. Lot Detail _� _"....__�� '�' __ . .......— "'—' � , C �� lr ' 5�98'2CE 1]R&6] '-. �� a/ � � a v ss�.� i � 8 d 1 ^.". Tf ,/ . : �3 �� L��1Y � / �.� L4T �..� � � I �� 1 �� i Ij i� .��.__ �m�m�_ _i . "�� T iiMltn 8 Location Map City Council Memorandum Holt Rezoning Case ZA07-046 September 5, 2007 Page 2 of 6 �00l4'!tt'!!SSlOIl ��bl�W Public Safety Commission At their August 21 meeting, the Public Safety Commission did not have any comments on this application. Planning Commission The Planning Commission on a 7-to-1 vote recommended approval of the rezoning request. Prior to the recommendation, the Commission discussed the previous rezoning actions on the prop- erty, and raised the question of the prudence of creating residentially zoned property adjacent to existing commercially zoned property. . . .. The 9.55-acre property was created in 2001 under Planning Cases PP01-55 and FP01-057. The Council action on those requests was to approve the preliminary and finai piat applications, sub- ject to a development deed restriction. The deed restriction was required because an earlier re- zoning request (Case ZA01-047) was denied, and the new church on the property had utilized the one unit density allowed under the AG-1, Agricultural Preservation, zoning district. Property Characteristics The property has a steep slope along the south eastern property line that drops from a 906 ele- vation to 894, and the balance slopes to the west from 894 to 873 feet. A variety of shrubs, trees, and mixed grasses and plants cover the site. City Council Memorandum Hoit Rezoning Case ZA07-046 September 5, 2007 Page 3 of 6 Pl�ran6ng Con�6derat6ore� Comprehensive Pian Review The proposed use is consistent with the approved Comprehensive Plan. The current Compre- hensive Plan guides the property for Rural Residential land use and as being included in Transi- tion Zone 7. Transition zones were established in the adopted comprehensive plan for areas where current zoning and land use did not match, or where more detailed analysis was required prior to re-guiding, re-zoning or development. The comprehensive plan, which was adopted in 2000, contains the foilowing language about Transition Zone #7: "The City intends to maintain the agricultural zoning until such time as the landowners leave the agricultural preserve program and apply for development consistent with the City's rural residential zoning. Since this area contains viable long-term agricultural uses, it is unclear when rural residential development would occur. Rural residential properties exist along the east and west fringes of this area." Zoning Review The applicant is requesting that the property be rezoned from AG-1 to R-1. The proposed re- zoning of the property would allow for the creation of a buildable parcel. The current AG-1 zoning allows for only one dwelling unit per 40 acres. As stated earlier, the density for this site was util- ized for construction of the adjacent church. Review of the 2001 rezoning request report and resolution of denial identify that denial of the rezoning request was based on the following findings: 1. There is no adjacent rural residential zoned property. The nearest R-1 zoned property is over a half mile to the north. 2. It was the City's intent to rezone properties within Transition Zone #7 from Agriculture to R-1, Rural Residential, in a coordinated fashion versus on a parcel-by-parcel basis. 3. The rezoning of the property to R-1 could allow for the premature development of the area to Rural Residential and require the need for additional City services. 4. The church is a conditional use in either zoning district, so there is no need to rezone the property to facilitate the current development proposal. Also identified in the 2001 planning report was the following explanation related to the rezoning request: "During the master rezoning discussions, it was staff's understanding that the rezoning of properties to R-1 in Transition Zone #7 would be completed in a coordinated fashion versus on a parcel-by-parcel basis. The rezoning of the property to rural residential could allow for the premature development of the area to Rural Residential and require the need for additional City services. Staff recommends that the Planning Commission and Council discuss their long-term goal for this area prior to taking any action on the City Council Memorandum Holt Rezoning Case ZA07-046 September 5, 2007 Page 4 of 6 rezoning request. As stated earlier, the fact that the church is a conditional use in either zoning district, there is no need to rezone the property to facilitate the current develop- ment proposal." The reasons for deniai of the rezoning of the property in 2001 were based on ciearly stated facts. One of the main facts was that the City needed to master rezone the area in a coordinated fash- ion rather than on a parcel-by-parcel basis. Since the denial, the City has not taken any action to master rezone the area. Some of the delay in rezoning the entire area is based on several prop- erties in the transition zone stiil being enrolled in the agricultural preservation program, which re- quires an AG-1 zoning. This lack of a master rezoning leaves individual landowners not in the agricultural preserves program no option other than to request rezoning on a parcel by parcel basis. The zoning review conducted for this application revealed the following findings: • The subject property and surrounding areas continue to be guided for the Rural Residen- tial Iand use. • In accordance with State Statutes, the designated land use and zoning will eventuaily have to be synchronized by the City. • One hundred twenty three acres of property within the same land use district, transition zone, and general location was rezoned from AG-1, Agricultural Preservation, to R-1, Rural Residential, in 2005 as a part of the Biscoe Grove subdivision. . There have been no major transportation infrastructure improvements to Manning Avenue since the last rezoning request. . The rezoning of the property would only create the potential of 10 additional trips per day on the adjacent Manning Avenue, and 30 trips per day if two additional lots were ever approved through a subdivision process. . The recent groundwater contamination issues have raised questions about the prudence of the City aliowing additional private well penetrations of the aquifer. Transportation/Access The access to the site is via the platted public right-of-way along the southern portion of the prop- erty. Current approval requires agreements for use and maintenance of a private access drive in a pubiic right-of-way. Additional lot creation of the property would trigger pubiic infrastructure im- provements to the roadway. Utilities City urban services are currently not available in this area, as the property is outside of the Met- ropolitan Urban Service Area (MUSA). Sanitary sewer service would not be avaiiable until a new trunk sanitary sewer is installed. This extension is not anticipated within the next 25 years. Exist- ing dwellings in this area will need to maintain their individual sanitary treatment disposal systems and private wells (ISTS). If the application is approved, the applicant will be required to have the City Council Memorandum Holt Rezoning Case ZA07-046 September 5, 2007 Page 5 of 6 site suitability for ISTS approved by Washington County Health Department prior to release of any building permit. Grading/Drainage Rezoning of the property would allow for grading on the site that is typical and necessary for the construction of a single family residential home. Parkland Dedication Park dedication requirements were not satisfied when this parcel was created. Payment of the park dedication fees for this parcel were specified to occur with subsequent platting or develop- ment of the property, and at the fee rate required at the time of issuance of the building permit. The required park dedication fee is currently at a rate of $4,400 per unit. Utility Area Charges The rezoning request would not trigger any area charges, but subsequent development allowed through a rezoning could trigger area charges. Based on this information, the City's actions and requirements in 2001 related to area charges were researched. In 2001 only storm water area charges were triggered by the piatting of the property due to the location outside of the MUSA. The area charges triggered by the development of the property were satisfied for the site during the initial platting of the property. The storm water area charge calculation was based on the estate rates and the rural-friendly policy was utilized, which allows for the City Council to reduce the payment of area charges on the undeveloped portions of a property. Based on the current policy, the developing parcels pay the full required amount, and large unde- veloped rural lots created by subdivision are charged the equivalent of one residential unit; the balance would be due upon the future development. The remaining area charges would be cal- culated based on rates at the time of development. Based on the preiiminary plat, this staged "rural friendly" area charge fee was $16,137.00. for the church site, and $11,231.00 for the vacant parcel. The single unit equivalent rate was based on the three-lot potential of the vacant property under the proposed R-1 zoning. As stated ear�ier, the ba�ance of the area charge would be trig- gered by subsequent platting or development of the property. The total amount for the surface water area charges paid in 2001 was $27,368.00. Public Hearing Notices Public hearing notices were mailed to 12 property owners who are within 500 feet of the proposed rezoning. These notices were mailed on August 15, 2007. The location map shows the 500-foot buffer around the site. Conclus6on Tne rezoning application is consistent with the comprehensive plan, and the current lot configu- ration and size is in compliance with the zoning ordinance performance standards. The site has public frontage. Public utilities have not been extended to the site to accommodate any develop- ment subsequent to the rezoning. Private well and septic would be required for the development of the property. Future subdivision of the property would trigger public infrastructure improve- ments to the roadway. The development of the site will add additional tax base to the City. City Councii Memorandum Hoit Rezoning Case ZA07-046 September 5, 2007 Page 6 of 6 Recommendation Approval of the rezoning request, based on the findings and subject to the conditions listed in the attached draft ordinance. ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDWG CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF MANNING AVENUE (STATE HIGHWAY 95) AND NORTH OF 114TH STREET SOUTH The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as follows: SECTION 1. AMENDMENT. The City of Cottage Grove's Official Zoning Map as refer- enced in Section 11-1-6 of the "Code of the City of Cottage Grove," County of Washington, State of Minnesota, shall be amended by rezoning certain properties from AG-1, Agricultural Preservation, to R-1, Rural Residential. Said property is legally described below: {Legal Description} SECTION 2. REZONING. The Official Zoning Map shall be amended by changing the zoning classification of the property Iegally described above from AG-1, Agricuiturai Preservation, to R-1, Rural Residential, based on the following findings: A. The property and surrounding areas continue to be guided for the Rural Residential land use. B. In accordance with State Statutes, the designated land use and zoning will eventually have to be synchronized by the City. C. One hundred twenty three (123) acres of property within the same land use district, transition zone, and general location was rezoned from AG-1, Agricultural Preservation, to R-1, Rurai Residential, in 2005 as a part of the Biscoe Grove subdivision. D. The rezoning of the property would only create the potential of 10 additional trips per day on to the adjacent Manning Avenue, and 30 trips per day if two additional lots were ever approved through a subdivision process. The ordinance amendment is subject to the following conditions: 1. The property must be approved by Washington County as being capable of supporting a residential private septic system, as evidenced by a standard percolation test and drain field location design. 2. AII applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of Ordinance No. XXX Page 2 any construction activities on the property. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 3. The installation of the future roadway within the 114th Street public right-of-way will be required when Lot 2 Block 1 is subdivided further, or the adjacent property to the south develops. This roadway will be constructed to city standards as a public improvement project, and will be assessed against alI benefiting properties. Until the roadway is constructed to city standards, the City will not be responsible for repair or maintenance within the public right-of-way. 4. The applicant must enter into an agreement with the city for the use of a private drive within the public right-of-way prior to issuance of a building permit. 5. A park dedication fee shall be paid at the time of a building permit on the property, and at the rate applicable at the time of the building permit application. SECTION 3. EFFECTIVE DATE. This ordinance amendment shall be in full force and effective from and after adoption and publication according to law. Passed this 5th day of August 2007. Sandra Shiely, Mayor Attest: M. Stransky, City Clerk RESO�UTION NO. 07-XXX RESOLUTION AUTHORIZING PUB�ICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, to amend City Code Title 11-1-6, Zoning Map, to rezone approximately 9.55 acres of land from AG-1, Agricultural Preservation, to R-1, Rural Residential, on property generally located approximately one-quarter mile west of Manning Avenue (State Highway 95) and north of 114th Street South; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows pubiication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clear�y inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance rezones approximately 9.55 acres of land from AG-1, Agricultural Preservation, to R-1, Rurai Residential, located approximately one-quarter mile west of Manning Avenue (State Highway 95) and north of 114th Street South. The fuii text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a copy of the ordinance will be kept in the City Clerk's office at City HaII for public inspection and that a full copy of the ordinance be posted in a public place in the City. Passed this 5th day of August 2007. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Glerk