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Home My WebLink About2013-06-24 PACKET 06.1.STAFF REPORT CASE: MS2013 -019 ITEM: 6.1 PUBLIC MEETING DATE: 6/24/13 TENTATIVE COUNCIL REVIEW DATE: 7/17/13 APPLICATION APPLICANT: David and Nikki Borner REQUEST: 1) Variance to the 180 -foot minimum lot width and maximum lot depth limitation. 2) Conditional use permit transferring development rights. 3) Minor subdivision (a rural division of a single parcel of land into two separate parcels). SITE DATA LOCATION: North of 70th Street (CSAH 20) and approximately one -half mile west of Manning Avenue (State Highway 95) ZONING: AGA, Agricultural Preservation and R -1, Rural Residential CONTIGUOUS LAND USE: NORTH: Agricultural EAST: Agricultural SOUTH: Agricultural WEST: Rural Residential SIZE: Subdivide 41.68 -acre parcel into two parcels of 5.00 acres and 36.68 acres DENSITY: 1 unit per 40 acres transferred to the 5.00 -acre parcel RECOMMENDATION Approval of all three planning applications based on the findings of fact and subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, jmccool(cDcottage- grove.org GACITYFILES \13 CITYFILES\019MS Berner 2013- 06- 24 \Planning\MS13 -019 Berner Lot Split SR Cover 2013- 06- 24.docx Planning Staff Report Borner Minor Subdivision Planning Case No. MS2013 -019 June 24, 2013 Proposal David and Nikki Borner have applied for the following applications: 1) Variance to the 180 -foot minimum lot width and maximum lot depth limitation. 2) Conditional use permit transferring development rights. 3) Minor subdivision (a rural division of a single parcel of land into two separate parcels). The property owner, Richard Borner, 9017 Lamar Avenue, provided his consent for the appli- cants to file these applications. The applicant's proposal is to subdivide this 41.68 -acre parcel of land into 5.00 and 36.68 acre parcels and to construct a new residential dwelling on the five - acre parcel. Agricultural uses will continue on the 36.68 -acre parcel. The property is located north of 70th Street (CSAH 20) and approximately one -half mile west of Manning Avenue (State Highway 95). A location map is shown below. Location Map h and Lot Depth Requirements W Location Map Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 2 of 8 Planning Considerations Ordinance Regulations The easterly three - quarters of the property is zoned AG -1, Agricultural Preserve, but the property owner does not participate in the Agricultural Preserve Program and the westerly one - quarter is zoned R -1, Rural Residential. The AG -1 District was established to preserve, pro- mote, maintain, and enhance agricultural uses on land for long -term agricultural purposes. This District represents areas where services required for urban development will not be available within at least ten years. As a permitted use in the AG -1 District, one single - family detached dwelling is allowed for each 40 acres. Constructing a house on the five -acre parcel could be allowed if the development rights for the 36.68 -acre parcel are transferred to the five -acre parcel and the larger parcel is re- stricted so as not to allow another residential dwelling. The restriction on the larger parcel would expire upon the rezoning of the property from agricultural to another zoning classification that allows more density. To accommodate this density transfer, the Zoning Ordinance requires City approval of a conditional use (Title 11, Chapter 8A, Section 4). The development standards for a single - family use within the AG -1 District require a 1.5 -acre minimum lot area and a 180 -foot minimum lot width. Lot width is defined as the maximum dis- tance between the side lot lines that is measured parallel to front lot line at the minimum front yard setback line. This particular application is unique in the sense that the proposed five -acre parcel is located in the northwest corner of the 41.68 -acre parcel, which is approximately 950 feet north of 70th Street. A 60 -foot wide strip of land between 70th Street and the proposed rural acreage parcel will provide the necessary access to 70th Street. This 60 -foot strip of land is part of the five -acre parcel. Because the 180 -foot minimum lot width requirement is not complied with, the applicant has filed a variance application to have a 60 -foot lot width. City ordinance Title 11, Chapter 8A, Section 2(6)(B) limits the lot depth of any new parcel of land not to be greater than three times its width. Since the applicant is proposing a 60 -foot width, the maximum depth of the proposed lot would be 180 feet. The proposed lot split provides for a 60- foot by 950 -foot strip of land that connects to a rectangular shaped area that is about 372.53 feet by 431.62 feet. The lot depth is therefore greater than three times its width, and for this reason the applicant is requesting a variance to this requirement. The City Council may grant variances from the strict application of the zoning ordinance and can impose conditions and safeguards on the variance in cases where it has been demonstrated there are practical difficulties or particular hardships in carrying out the strict letter of the regula- tions. In accordance with the City ordinance, a variance may be granted provided that all the following conditions are true: 1. The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out. There are unique conditions that apply to the structure or land in question that do not apply generally to other structures or land in the same zoning district. Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 3 of 8 2. The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and not generally applicable to other property within the same zoning classification. 3. The alleged difficulty or hardship must be caused by this article and not by any person presently having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Property Characteristics The 41.68 -acre parcel (PIN 01- 027 -21 -34 -0001) has 1,332.69 feet of frontage along 70th Street. The parcel is currently used a farmland and there are no buildings on the property. The topo- graphy of the property gently slopes from the north to the south. The 2009 aerial photograph shows the property and properties surrounding the site. i .. Wir �Ir R KIZI y A � .. �.,r � � r }' *o�.� P.✓ .0 rT? e. it I 36.68 acres ' • 1r w ■ 9 9 , x ar Fields S 2009 Aerial A sketch showing the proposed lot split was provided with the application. This sketch also in- cluded the legal description of the original taxing parcel and the proposed legal description for each of the two parcels that will be created if approved by the City. A copy of this sketch is attached as Exhibit A. Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 4 of 8 Comprehensive Plan The future land use designation for this property and properties north, east, and south of this site is "agricultural." The area west of the site has a "rural" future land use designation. Rural residential properties are typically outside the Metropolitan Urban Service Area (MUSA) and typically have an individual sanitary treatment systems (ISTS) and private wells. The Compre- hensive Plan states that urban services (sanitary sewer and water) are not planned to be ex- tended to this area until post 2030. This application complies with the Future Vision 2030 Com- prehensive Plan. A copy of the future land use designations for the subject property and properties surrounding the site is shown below. Cottage Grove Future Land Use 2030 H S1 (C.S.A +H 2 Excerpt from Future Land Use Map (Figure 2 -6 of the 2030 Future Land Use Map) Transportation Access and Right-of-Way The south boundary line of the 41.68 -acre parcel is the south section line of Section 1. A public roadway easement 50 feet in width and paralleling the south boundary line of this property ex- ists along the entire width of the parcel. Another 50 -foot wide easement exists on the south side of the road, thus providing a total right -of -way width of 100 feet. This segment of 70th Street is under Washington County's jurisdiction. The County is responsi- ble for maintaining this roadway and any future improvements. The Transportation Plan in Washington County's 2030 Comprehensive Plan identifies this segment of 70th Street as a minor arterial. A minor arterial roadway generally has a 150 -foot minimum right -of -way width and is typically a three -lane undivided roadway. To complete the right -of -way needs for the north one -half of this road, the property owner will be required to grant a right -of -way easement 25 feet in width along the north side of the existing Highway Easement described in Book 257, City boundary ROW — LINES ROW LINES Mississippi river Agricultural Rural Residential Low Density Residential Med Density Residential High Density Residential Mixed Use Commercial Industrial Transition Planning Area Parks/Private Open Spau Golf Course Mississippi River H S1 (C.S.A +H 2 Excerpt from Future Land Use Map (Figure 2 -6 of the 2030 Future Land Use Map) Transportation Access and Right-of-Way The south boundary line of the 41.68 -acre parcel is the south section line of Section 1. A public roadway easement 50 feet in width and paralleling the south boundary line of this property ex- ists along the entire width of the parcel. Another 50 -foot wide easement exists on the south side of the road, thus providing a total right -of -way width of 100 feet. This segment of 70th Street is under Washington County's jurisdiction. The County is responsi- ble for maintaining this roadway and any future improvements. The Transportation Plan in Washington County's 2030 Comprehensive Plan identifies this segment of 70th Street as a minor arterial. A minor arterial roadway generally has a 150 -foot minimum right -of -way width and is typically a three -lane undivided roadway. To complete the right -of -way needs for the north one -half of this road, the property owner will be required to grant a right -of -way easement 25 feet in width along the north side of the existing Highway Easement described in Book 257, Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 5 of 8 Page 589. This existing right -of -way easement is 50 feet wide and is along the south boundary line of the 41.69 acre parcel. State statutes provide municipalities and counties the opportunity to condition their approval of subdividing property for the public good. In this particular case, the preservation of right -of -way for future improvements is a reasonable requirement since it is anticipated that future growth in this area will necessitate the reconstruction and widening of roadways to meet future capacity and connectivity demands. If in the future the proposed 60 -foot wide strip of land that will provide a private access drive between the proposed new house and 70th Street is dedicated as public right -of -way, any ad- joining property owner abutting this right -of -way will potentially have the right to access this pub- lic right -of -way. The City will not accept this dedicated right -of -way or maintain the roadway unless the construction of a public roadway meets city standards. Utilities City urban services are currently not available in this area. Sanitary sewer and water services are not available for this property until a new trunk sanitary sewer and watermain is constructed in the future. The proposed construction of a single - family house on the five -area parcel will re- quire the property owner to provide soil borings, percolation test results, site plan, and septic/ drainfield design to the Washington County Health Department. The County's approval of the septic system must be decided before a building permit is issued. The property owner will be re- sponsible for contacting all other private utilities (e.g.; phone, cable, electricity, gas, etc.) for the construction of other private utilities that are needed to serve this property. Park Dedication The City's Subdivision Ordinance generally allows the City with the ability to require the dedica- tion of land up to 10 percent of the property for public parkland purposes. If no land dedication is required, a cash payment in lieu of land dedication is required. The City's Future Parks and Open Space element of the Future Vision 2030 Comprehensive Plan does not show any future park, public open space, or trail system on the subject property. For this reason, it is required that the property owner pay a park fee that is equivalent to one residential unit for the proposed five -acre parcel. The 2013 park fee in lieu of land dedication is $3,200 per unit. Stormwater Area Charge City ordinance Title 8, Chapter 1, Section 2(C)(2) requires payment of a stormwater area charge because City approval is required for creating this new residential lot. City water and sanitary sewer area charges are not required to be paid for this property at this time because these utili- ties are not currently available in this area of the community. The 2013 stormwater area charge rate for rural estate property is $5,095.00 per acre and $7,296.00 per acre for agricultural property. City ordinance does exclude from the computation the acreage for major highway right -of -way. For this reason and because it is recommended that an additional 25 feet of land be dedicated to Washington County for public right -of -way for 70th Street (CSAH 20), the 0.1 of an acre of land to be dedicated for public right -of -way will be sub- tracted from the gross land area for the five -acre parcel. Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 6 of 8 The westerly one - quarter of the proposed five -acre parcel is zoned R -1 and the easterly three - quarters is zoned AG -1. For this reason, the stormwater area charge rate for the two land use classifications were calculated as shown in the table below: ZONING DISTRICT 2013 STORMINATER AREA CHARGE RATE ACREAGE AMOUNT R -1 District $5,095.00 /acre 1.28 acres $6,521.60 AG -1 District $7,296.00 /acre 3.72 acres $27,141.12 Sub -total 5.00 acres $33,662.72 70th Street R/W Credit $7,296.00 /acre 0.10 acre $729.60 TOTAL 4.9 net acres $32,933.12 As approved by the City Council in the past for similar rural and agricultural lot splits, the City only collected the stormwater area charge for one equivalent residential unit. Payment for the remaining half of the five -acre parcel is deferred until future development on the property oc- curs. Since a rural estate parcel is required to have a minimum of 1.5 acres of land, the number of rural acreage lots that could be created on the 3.72 acre rectangular parcel in the northwest corner of this property is two lots. For this reason, it will be recommended to the City Council that the applicant pay a minimum of $16,466.56. This amount will be deducted from the 4.9 net acreage (5.00 gross area minus 0.1 acre for 70th Street right -of -way) for this newly created par- cel if it is subdivided in the future. Future development of the 36.68 -acre parcel may require payment of other development fees and charges in the future. The Planning Commission does not need to discuss or make a recommendation on the area charge requirement. Partial payment and deferring the balance of the stormwater area charge is a City Council policy decision. The City's consulting engineer has reviewed Washington County's contour map to evaluate any potential drainage issues that should be addressed. In a preliminary review and based on con- tours, it did not appear there are any identifiable stormwater conveyances across the proposed lot split. It was determined that the parcel is located at the base of a hill with drainage from the north and west flowing onto the site. To determine if any drainage easements are necessary to convey drainage from other properties onto or across the subject property, additional informa- tion from the applicant is needed to determine how they will propose to direct off -site flows. It might be necessary for the property owner to dedicate certain drainage easements to address this issue. As a condition of approval and if the City Engineer determines that certain drainage easements are necessary, then the property owner will be required to dedicated said drainage easements. Attached is an illustration showing the proposed Borner lot split and the drainage area to the lot split parcel. Public Hearing Notices Public hearing notices were mailed on June 13, 2013, to property owners within 500 feet of the proposed rural subdivision. The public hearing notice was published in the South Washington County Bulletin on June 12, 2013. Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 7 of 8 Recommendation That the Planning Commission recommends to the City Council approval of the variance, condi- tional use permit, and minor subdivision applications proposed by David and Nikki Borner. Because the proposed five -acre parcel cannot be severed from the original 41.68 acre taxing parcel without the City's approval of all three applications, one motion approving all three appli- cations can be made. For your consideration, the Planning Commission may consider making the following motion: The Planning Commission recommends to the City Council approval of the following: ➢ A variance to Title 11, Chapter 8A, Section 2(6) to reduce the 180 -foot minimum lot width re- quirement to 60 feet and allowing the newly created parcel to have a lot depth that is greater than three times its width. Approval of these variances is based on the following findings of facts: A. The construction of a single - family dwelling on the five -acre parcel will comply with all the minimum setback requirements for the AG -1 and R -1 Districts, which are the zoning classifications that bisect this property. B. The requested variances are not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its residential characteristics are consistent with the rural residential and agricultural land use designations for this property. C. The purpose of the variance is not based exclusively upon a financial hardship. D. Granting this variance should not be detrimental to the public welfare or injurious to other landowners in this vicinity. The proposed residential structure on the five -acre parcel will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. ➢ A conditional use permit transferring development rights from the 36.68 -acre parcel of land to the five -acre parcel. A deed restriction for the 36.68 -acre parcel of land must be recorded with the Washington County Recorder's Office stipulating that said parcel cannot be further subdivided or permit the construction of a residential dwelling unless the City's Comprehen- sive Plan and zoning classification are changed to allow additional residential density. ➢ A minor subdivision subdividing a 41.68 -acre parcel of land (PIN 01- 027 -21 -34 -0001) into 5.00 and 36.68 acre parcels, subject to the following conditions: 1. The stormwater area charge in the amount of $16,466.56 for one equivalent rural res- idential unit is paid to the City of Cottage Grove. Payment must be made to the City before a building permit is issued for the five -acre parcel. 2. If the property owner of the five -acre parcel further subdivides the parcel in the future, then the $16,466.56 stormwater area charge amount will be credited toward the total amount required to be paid on five gross acres based on the stormwater area charge rate that is established by City resolution or ordinance. Planning Staff Report — Case No. MS2013 -019 June 24, 2013 Page 8 of 8 3. Payment of sanitary sewer and water area charges for one equivalent residential unit will be paid in the future if sanitary sewer and water utilities are provided to the five -acre parcel. 4. If the property owner of the 36.68 -acre parcel subdivides their parcel in the future, then payment of the stormwater, water, and /or sanitary sewer area charges that are in effect at the time the property is requested to be subdivided must be paid to the City of Cottage Grove. The park fee in lieu of land dedication amounting to $3,200.00 for one equivalent residen- tial unit on the five -acre parcel must be paid to the City before a building permit for the five -acre parcel can be issued. 6. All applicable permits (i.e.; building, electrical, grading, and mechanical) for the construction of a house on the five -acre parcel must be completed, submitted, and approved by the City before any construction activities begin. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 7. The property owner shall obtain a Washington County Access Permit for the private access drive connection to 70th Street (CSAH 20) before any excavation or construction can begin. 8. A permanent right -of -way easement 25 feet in width that is north and parallel to the 50- foot wide Highway Easement as recorded in Book 257, Page 589 must be granted to Washington County. Granting this permanent right -of -way easement must be recorded at Washington County before a building permit is issued for the five -acre parcel. The private access drive for the five -acre parcel must be hard surfaced with asphalt or concrete between the 70th Street pavement edge and a minimum distance of 55 feet to the north. 10. If the City Engineer determines that a drainage easement(s) is necessary for purposes of directing off -site runoff onto or across the subject property, the property owner is required to dedicate such easements without cost to the City as recommended by the City Engineer. Prepared by: John McCool, AICP Senior Planner Attachments: Exhibit A — Sketch Drainage Area Illustration SKETCH & DESCRIPTION --for- DAVID & NIKKI BORNER PIN NO. 01-027-21-34-0001 As L 11 9B or Ii I or Prap.sed Local 'A' The southeast Currier of the Southwest Waiter of Section 1, Towns i 2] Nor U, Ronge 21 West, In Ue CNy of Caltoge Grave, Wres 'Naa County Minnesota eviceplI., of the fallowing tlascrLetl two parcels. This parcel Is bfzd to the right I' way of County Stela Aid Highway No 20. Exceplbn a at part of the west 261.60 feel of the Southeast Waster of Ue Southwest Quarter of Section 1. Tasachis 27 North, flange 21 West, N He City of Cottage Grave, WashbgOon County, Minnesota lying berth of the south SNOW feel thereof. Exception two i The west 60.00 feel of the south 950.00 feel of the Southeast Wailer of the Southwest Quarter of Sector I, Township 27 Nw1M1, Range 21 West. In the City of Cottage Grove, Washington County. Mercian. r— star id 70TH STQEE SOUTH ----------------- (C_- -- -- -- 20) ----- - - - - -- - Proposed Parcel 'e° y That port the weer 291.60 lent of Ina ml Quarter of the Quarter o of s 1, Township hip 27 2] NwN, Range ge j 21 West, I a Southwest the City of Cat( ltoge Govt, Wosnington Count, Minnesota lying norlM1 of the south 950.00 lent thereof. ag F PROPOSED The west 60.00 feet of the south 950.00 feet of me Southeast Quarter or the southwest Quarter or seeuon I. PARCEL "B" Towashl, 27 North, Range 21 West, in the City of C.LLoge Grove. Washington Caunly, Minnesota. Subpcl to the right Cur T6 eMm NoRTA it e way of County Stale Aid Highway No. 20. °°] AW6 YME bee 6S eat east 150.00 feel of the Southwest aartar of the g Southwest Quarter- of Scott- 1, To ... M1lp 27 North, Range 21 West, in the City of Cu toga Gave, Washington County. andernew Minnesota .....ling lh ... I= the South 950.0 feel thereof. TOTAL = 41.66 ACRES MORE OR LESS � xaersze.ei", OVERALL PROPERTY DESCRIPTION W _r . The Southeast Quarter of the Southwest Warier (SEI /4 of PROPOSED SWI /4) of Section One (1). Toombip Twenty-seven (27) North, Range Twenty -me (21) West, M Me City of Collage Crovc, PARCEL "A" Washi County, r thM1 the 150.0 ue P]Rm LartAels ' once was I� aq va Prap.sed Local 'A' The southeast Currier of the Southwest Waiter of Section 1, Towns i 2] Nor U, Ronge 21 West, In Ue CNy of Caltoge Grave, Wres 'Naa County Minnesota eviceplI., of the fallowing tlascrLetl two parcels. This parcel Is bfzd to the right I' way of County Stela Aid Highway No 20. Exceplbn a at part of the west 261.60 feel of the Southeast Waster of Ue Southwest Quarter of Section 1. Tasachis 27 North, flange 21 West, N He City of Cottage Grave, WashbgOon County, Minnesota lying berth of the south SNOW feel thereof. Exception two i The west 60.00 feel of the south 950.00 feel of the Southeast Wailer of the Southwest Quarter of Sector I, Township 27 Nw1M1, Range 21 West. In the City of Cottage Grove, Washington County. Mercian. r— star id 70TH STQEE SOUTH ----------------- (C_- -- -- -- 20) ----- - - - - -- - 1 hereby certify that this survey plan or report was prepared by me w under my dfrect supervision and that I am a duly Registered Land SLrveyar under the Imse of the State of Minnesota. a � I DIANE L RIVARD Data 512012013 License No. 19421 AREAS PROPOSED PARCEL 'A' = 36.69 ACRES MORE OR @5S PROPOSEO PARCEL 'R' = 5.00 ACRES MORE OR LESS andernew BY TOTAL = 41.66 ACRES MORE OR LESS GRAPHIC SCALE OVERALL PROPERTY DESCRIPTION ( M Ef" ) The Southeast Quarter of the Southwest Warier (SEI /4 of 1 loan - us. LL SWI /4) of Section One (1). Toombip Twenty-seven (27) North, Range Twenty -me (21) West, M Me City of Collage Crovc, fxr Washi County, r thM1 the 150.0 Otma S rfer teat of the South west War tee of the r the Quarter of °re Professional Land Surveyors of WI/4) f said Se c t ion e (1), excepting therefrom ( , sr 677 Drive NE, Suite 110 e t C the so NORTH the south 950 9sa. 0 0 feet meteor. of. Contain In on, _ Lino Lakes, MN 55014 Lino renty H ighwa y ma a Cur teen. tankce to inn ngnl -Cur -. -way Cur caam rvignway tats (651)]61 6200 fax (651)]618]01 Na 20. 1 hereby certify that this survey plan or report was prepared by me w under my dfrect supervision and that I am a duly Registered Land SLrveyar under the Imse of the State of Minnesota. a � I DIANE L RIVARD Data 512012013 License No. 19421 Cartage Borner Lot S lit-- g Grovc I : n� c 111 " i I � b 99 8 l 9 m a 9 -0 i " V!J 98 ' m Drainage Area Proposed Parcel split m p 9 2 1 8 19 R r `Jp 2 rn g�G9� 2 (o C) m. 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