HomeMy WebLinkAbout2014-07-28 PACKET 06.1.STAFF REPORT CASE: MS14 -023 and CUP14 -024
ITEM: 6.1
PUBLIC MEETING DATE: 7/28/14 TENTATIVE COUNCIL REVIEW DATE: 8/13/14
APPLICATION
APPLICANT: Donald Biscoe and Steven Biscoe
REQUEST: A conditional use permit for a density transfer and a minor subdivision
to subdivide a 9.43 -acre parcel of land into two parcels of 5.93 acres and
3.50 acres.
SITE DATA
I��Zae��[�7►A
ZONING:
GUIDED LAND USE:
North of 100th Street at Lehigh Road
AG -1, Agricultural Preservation
Agricultural
LAND USE OF ADJACENT PROPERTIES:
CURRENT
GUIDED
NORTH:
Agricultural
Agricultural
EAST:
Agricultural
Agricultural
SOUTH:
Rural Residential
Rural Residential
WEST:
Agricultural
Agricultural
SIZE
DENSITY:
9.43 acres
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
Cottage
COTTAGE GROVE PLANNING DIVISION
J Grove
eye rddea "'5?efity Mee,
Planning Staff Contact: John M. Burbank, Senior Planner, 651 - 458 -2825, Iburbankacottage- g rove, org
Application Accepted: 6/19/14 60 -Day Review Deadline: 8/19/14
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Biscoe Minor Subdivision
Planning Case No. MS2014 -023
July 28, 2013
Proposal
Don and Steve Biscoe have submitted the following applications:
1) Conditional use permit transferring development rights
2) Minor subdivision (a rural division of a single parcel of land into two separate parcels)
The property is in joint ownership, and both owners are party to the application. The applicant's
proposal is to subdivide a 9.43 -acre parcel of land into 5.93 and 3.50 acre parcels. The new
parcels would be marketed for new single - family home construction.
The property is located north of 100th Street and approximately one - quarter mile west of Manning
Avenue (State Highway 95). The location map are site survey are shown below.
Planning Staff Report —Case No. MS2014 -023
July 28, 2014
Page 2 of 7
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Site Survey
Planning Considerations
Ordinance Regulations
The property is zoned AG -1, Agricultural Preserve, but the property owner does not participate in
the Agricultural Preserve Program. The AG -1 District was established to preserve, promote, main-
tain, and enhance agricultural uses on land for long -term agricultural purposes. This zoning district
represents areas where services required for urban development will not be available within at
least ten years. The minimum lot size in this district is 1.5 acres with a minimum development
density of 1 dwelling unit per 40 acres. The property currently has a deed restriction prohibiting
the construction of a residential unit on the site. This restriction was placed on the property when
it was split from the residential property directly to the west of the site in the early 1980s. To offset
this restriction, the applicant is requesting a conditional use permit transferring development rights
from a 120 -acre parcel in an adjacent section. City Code Title 11 -8A -4 allows for this process with
the requirement of a development restriction being placed on the donor parcel similar to what was
completed for this property. The restrictions are held in effect until the City rezones the property
to allow for higher density.
Donor Parcel
Planning Staff Report – Case No. MS2014 -023
July 28, 2014
Page 3 of 7
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 distance
between the side lot lines that is measured parallel to front lot line at the minimum front yard
setback line. The two parcels meet the minimum required public frontage.
Property Characteristics
The 9.43 -acre parcel (PIN 24.027.21.43.0001) has 1,298.85 feet of frontage along 100th Street.
The parcel is currently used as farmland and there are no buildings on the property. The topo-
graphy of the property gently slopes from the east to the west with a high elevation of 972 and a
low of 930 feet above sea level. The ortho- photograph and existing contours are shown below on
the submitted survey.
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2009 Aerial
Comprehensive Plan
The future land use designation for this property and the properties north, east, and west of this
site is "agricultural." The property to the south is guided for Rural Residential. The 123 -acre parcel
to the south was previously platted for a 39 -lot rural residential subdivision. The final plat for this
subdivision approval expired in 2013 after numerous annual extensions being granted.
Agricultural and Rural Residential properties are typically outside the Metropolitan Urban Service
Area (MUSA) and typically have individual sanitary treatment systems (ISTS) and private wells.
The 2030 Future Vision Comprehensive Plan states that urban services (sanitary sewer and
water) are not planned to be extended to this area until post 2030, and this application complies
with that.
A copy of the future land use designations for the subject property and properties surrounding the
site is shown below:
Planning Staff Report — Case No. MS2014 -023
July 28, 2014
Page 4 of 7
Legend
City hnundary
ROW — LINES
ROW
(.: Mlsslsslppl river
Agricultural
- Rural Rasldenllal
Lax Density Residential
N m z ., F Lied Density Resldenbal
- High Density Residsnbel
Mixed Ilse
- Contrnerval
Industrial
- Transition Planning Area
_ Palos I'Molu Opon Space
- Golf Course
Mississippi River
Excerpt from Future Land Use Map
Transportation Access and Right -of -Way
The south boundary line of the 9.43 -acre parcel is adjacent to 100th Street. A prescribed public
roadway easement 33 feet in width and paralleling the south boundary line of this property exists
along the entire width of the parcel. Another 33 -foot wide prescribed easement exists on the south
side of the road, thus providing a total right -of -way width of 66 feet.
This street is under City jurisdiction. The City is responsible for maintaining this roadway and any
future improvements. The revised roadway functional classification map identifies this segment of
100th Street as a minor arterial. The design standards for this classification of roadway generally
has a range of 60 to 150 feet. To complete the right -of -way needs for the north one -half of this
road, the City Engineer is recommending that the property owner be required to grant a dedicated
right -of -way easement 70 feet in total width along the south side of the property. This would meet
the current Washington County design standards of arterial roadways at 140 feet in width.
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.
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 water main is constructed in
the future. The proposed construction of single - family houses on the proposed parcels will require
the property owner to provide soil borings, percolation test results, site plan, and septic /drain field
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 responsible 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.
Planning Staff Report— Case No. MS2014 -023
July 28, 2014
Page 5 of 7
Park Dedication
The City's Subdivision Ordinance generally allows the City the ability to require the dedication 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 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 each of the proposed parcels. The 2014 park fee in lieu of land dedication is $3,200 per
unit. The fee collected will be the rate listed in the City's annual fee schedule at the time of building
permit issuance.
StormwaterArea Charge
City Code Title 8- 1 -2C(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 utilities are not currently avail-
able in this area of the community.
The 2013 stormwater area charge rate is $7,296.00 per acre for agricultural property. City ordi-
nance does exclude from the computation the acreage for major highway right -of -way. For this
reason and because it is recommended that a total of 70 feet of land be dedicated to Washington
County for public right -of -way for 100th Street, the 0.1 of an acre of land to be dedicated for public
right -of -way will be subtracted from the gross land area for the five -.acre parcel.
The stormwater area charge rate for the site is included in the table below. This fee will be required
at the time of recording of the plat with Washington County.
ZONING DISTRICT
2013 STORMWATER
AREA CHARGE RATE
ACREAGE
AMOUNT
AG -1 District
$7,296,00 /acre
9.43 acres
$68,801.28
100th Street R/W Credit
$7,296.00 /acre
2.08 acres
$15,175.68
TOTAL
- - - - --
7.35 net acres
$53,625.60
The Planning Commission does not need to discuss or make a recommendation on the area
charge requirement, as the payment or deferment of the stormwater area charge is a City Council
policy decision.
Stormwater Management
The City's consulting engineer has reviewed the submitted contour information provided, and the
Washington County contour map to evaluate any potential drainage issues that should be ad-
dressed. In a preliminary review and based on contours, it did not appear that there are any iden-
tifiable stormwater conveyances across the proposed lot split. If any drainage easements are
necessary to convey drainage from other properties onto or across the subject property, additional
information from the applicant is needed to determine how they 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 dedicate those easements.
Planning Staff Report — Case No. MS2014 -023
July 28, 2014
Page 6 of 7
Public Hearing Notices
Public hearing notices were mailed on July 16, 2014, to seven property owners within 500 feet of
the proposed rural subdivision. The public hearing notice was published in the South Washington
County Bulletin on July 16, 2013.
Summary
• The parent parcel currently has a development deed restriction.
• Two density transfers would allow for the minor subdivision to be approved.
• Density transfers are permitted in this district by conditional use permit.
• Parcel (PIN 13- 027 -21 -23 -0001) has two available density rights.
• Parcel (PIN 13- 027 -21 -23 -0001) is in an adjacent section as allowed by ordinance.
• The Applicant owns the Parcel (PIN 13- 027- 21 -23- 0001).
• The minimum lot size for the zoning district is exceeded for both proposed parcels.
• The minimum lot size for private well and septic is exceeded for both proposed parcels.
• The minimum lot frontage is exceeded for both proposed parcels.
• Area charges will be collected.
• Park dedication fees will be collected.
• Right -of -way will be dedicated.
Recommendation
Because the proposed subdivision cannot be approved without the City's approval of the condi-
tional use permit, one motion approving both applications can be made. It is recommended that
the Planning Commission recommends to the City Council approval of a conditional use permit
transferring two development rights from the parcel of land identified as (PIN 13- 027 -21 -23 -0001)
to the new parcels being created with this application and a minor subdivision subdividing a 9.43 -
acre parcel of land (PIN 24- 027 -21 -14 -0001) into a 5.93 acre and 3.50 acre parcels, subject to
the following conditions:
1. A deed restriction for the parcel with the property identification number of 13- 027- 21 -23-
0001 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 Comprehensive Plan and zoning classification are changed to allow
additional residential density.
2. The stormwater area charge in the amount of $53,625.60 shall be paid to the City of Cottage
Grove. Payment must be made to the City prior to recording the deeds creating the lots
with Washington County.
3. Payment of sanitary sewer and water area charges for one equivalent residential unit shall
be paid in the future if sanitary sewer and water utilities are provided to the new parcels.
Planning Staff Report —Case No. MS2014 -023
July 28, 2014
Page 7 of 7
4. The park dedication fee in lieu of land dedication amounting to the annual rate applicable
at the time of building permit (currently $3,200.00 /unit) shall be paid to the City for each
parcel prior to the release of a building permit.
The Applicant shall provide soil borings, percolation test results, site plan, and septic /drain
field design to the Washington County Health Department. The County's approval of the
septic system must be decided before a building permit is issued for either parcel.
6. All applicable permits (i.e.; building, electrical, grading, and mechanical) for the construction
of houses on the parcels 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 right -of -way permit from the City prior the installation of
driveways for the parcels. The driveway locations shall be approved by the City Engineer.
8. A permanent right -of -way easement 70 feet in width that is north of the southern property
line of the parent parcel shall be granted to the City of Cottage Grove. Granting this per-
manent right -of -way easement must be recorded at Washington County before a building
permit is issued for either parcel.
The private access drive for each parcel must be hard surfaced with asphalt or concrete
between the 100th Street road edge and a minimum distance of 70 feet to the north.
10. A certificate of survey shall be required with the building permit for each parcel.
11. An as -built survey shall be required prior to a certificate of occupancy for each parcel.
12. Grading and erosion control measures meeting City standards shall be utilized during
construction of each parcel. -.
13. Prior to the issuance of a certificate of occupancy for either parcel, all disturbed areas shall
be sodded or have ground cover established to the satisfaction of the City Engineer.
14. If the City Engineer determines that any drainage easements are necessary to direct 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.
15. The address for the western parcel shall be 11922 100th Street South, and the address of
the eastern shall be 11944 100th Street South.
Prepared by:
John M. Burbank, AICP
Senior Planner
Attachments:
Exhibit A — Survey
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