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HomeMy WebLinkAbout2019-04-22 PACKET 06.1. STAFF REPORT CASE: MS2019-015 & V2019-016 ITEM: 6.1 PUBLIC MEETING DATE: 4/22/19 TENTATIVE COUNCIL REVIEW DATE: 5/15/19 APPLICATION APPLICANT: Greg John REQUEST: A minor subdivision to subdivide a 10.17-acre parcel of land into two lots of 3.01 acres and 7.16 acres and a variance to the 180-foot minimum lot width requirement to allow the front property line of the 3.01-acre parcel to be 90 feet wide. SITE DATA LOCATION: 9670 Kimbro Avenue South ZONING: R-1, Rural Residential GUIDED LAND USE: Rural Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Rural Residential Rural Residential EAST: Agricultural Agricultural SOUTH: Rural Residential Rural Residential WEST: Park Parks/Private Open Space SIZE: 17.33 acres DENSITY: RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz@cottagegrovemn.gov Application Accepted: 3/27/19 60-Day Review Deadline: 5/26/19 l City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Brown Farm Division Lot 2 – Minor Subdivision Planning Case No. MS2019-015 & V2019-016 April 22, 2019 Proposal Greg John has applied for the following applications to subdivide a 10.17- acre parcel located at 9670 Kimbro Avenue South, previously known as the Brown Farm. 1. A minor subdivision to create a 7.16-acre parcel with an existing residence and a vacant 3.01-acre parcel. 2. A variance to the City’s minimum lot width at the front property line. Site Survey Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 2 of 8 Location Map Review Schedule Application Received: March 27, 2019 Acceptance of Completed Application: March 27, 2019 Planning Commission Meeting: April 22, 2019 60-Day Review Deadline: May 26, 2019 Tentative City Council Meeting: May 15, 2019 Planning Considerations History In 2017, the current parcel was part of the Brown farmstead (Lot 2, Block 1), which consisted of an approximate 17.33-acre parcel. The parcel included a small triangle piece on the east side of Kimbro, two residences, and multiple agricultural structures. The final plat for the Brown Farm Division was approved in 2017 (Planning Case No. PP2017-001 and FP2017-007) that created two parcels. Each of the new parcels of the plat included one of the residences. Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 3 of 8 2017 Brown Farm Division Plat Property Characteristics The parcel contains a single-family residence that would remain after the proposed land subdivi- sion. The northeast corner of the parcel is relatively flat while on the west and south areas of the property the topography slopes downward and is densely wooded. An existing drainage and utility easement extends across the southeast corner of the parcel and ties into the Stewart Addition plat. The south and west property lines are densely wooded, and the current property owner would like to maintain much of those areas. Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 4 of 8 Variance The proposed lot configuration would create a new parcel with less than the minimum 180-foot lot width requirement. The 3.01-acre parcel would have a reduced width of 92 feet. The topography of the site to the south includes steep slopes and is densely wooded. Using frontage to the south of the existing residence for a new parcel would require tree removal and additional grading to allow access and creation of an acceptable building site. The applicant has indicated his desire to maintain the natural state of the parcel as much as possible. By utilizing frontage on the north side of the existing structure, grading and tree removal would be avoided. This proposed location would also allow for a shared access as no additional access points are permitted off Kimbro Avenue. 2013 Ortho-Photo Land Use The future land use for this property is designated as Low Density Residential per the 2030 Com- prehensive Plan. The East Ravine Master Plan identifies that this area and the areas to the north and south along Kimbro Avenue should allow the existing natural open spaces and features to guide placement of residential growth. These areas would remain with access to existing park and open space via an extensive trail system throughout the East Ravine. The East Ravine Master Plan also indicates future lots sizes would be flexible depending on the existing topography. The proposed request is consistent with the land use plan designation. Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 5 of 8 Zoning The property is zoned R-1, Rural Residential, which has a minimum lot size of three acres. The proposed request is consistent with the zoning classification. The proposed property lines meet the required setbacks from existing structures on the John property, including 25 feet from side property lines and 50 feet from rear property lines. Any new structure proposed on the 3.01-acre parcel would be required to meet all appropriate setbacks as well. This would be reviewed as a part of the building permit process. Transportation Access and Right-of-Way Kimbro Avenue is designated as a Major Collector Roadway in the 2030 Comprehensive Plan. The existing parcel currently has access off Kimbro Avenue on the north end of the parcel. A condition of approval for the Brown Farm Division plat approved in 2017 prohibited any additional access points off Kimbro Avenue. The applicant has proposed that a new access drive would be constructed to the north of the existing access and would be shared by the existing residence and a future residence. The existing access drive would be required to be removed. The required 40- foot right-of-way was obtained as a part of the 2017 Brown Farm Division for future growth in this area as necessary to accommodate future capacity. Utilities and Area Charges The subject property is not located within the Metropolitan Urban Service Area (MUSA). The site is currently served by a private well and sewer system. A newly constructed residence would also be served by a private well and an individual sanitary treatment system (ISTS). Primary and alternate ISTS sites would be required to be located on the proposed 3.01-acre site to verify a building location prior to the issuance of a building permit. The minimum acreage for property having an ISTS is 1.5 acres. Park Dedication State Statute and the City’s Subdivision Ordinance allow the City 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 10.17-acre parcel abuts the Cottage Grove Ravine Regional Park. As a part of the Brown Farm Division plat in 2017, the City deducted the storm water facility area charge owed for both lots in exchange for two acres along the westerly property line, which were added to the County park system. The applicant for this minor subdivision is not proposing to dedicate land in lieu of the 2019 park dedication fee, which is $3,400. Total due prior to building permit Number of lots approval Park dedication fee (per lot) - $3,400.00 1 $3,400.00 Stormwater Management The City Engineer has reviewed the proposed lot division to evaluate any drainage issues that should be addressed. The drainage and utility easement that was secured as a part of the 2017 Brown Farm Division is located at the bottom of the ravine in the southeast corner allowing the City access if necessary. The easement connects with the easement secured with the approval of the Stewart Addition to the south. Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 6 of 8 Drainage and Utility Easement Area on John Property Stewart Addition to the South – Utility Easement Connection Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 7 of 8 No grading is proposed as a part of the subdivision, although at such time a residence is proposed a grading plan would be required. Existing surface water drainage patterns are not proposed to be impacted. The City is requiring payment of the storm water facility charge for the 3.01-acre parcel. The 2019 storm water facility area charge rate is $4,837.00. This rate would be collected prior to the record- ing of any deeds finalizing the lot split. Total due prior to recording of any Acres deeds Storm Sewer Area Charge - $4,837.00 per acre 3.01 $14,559.00 Public Hearing Notices The public hearing notice was mailed to 9 property owners within 500 feet of the proposed minor subdivision and published in the South Washington County Bulletin on April 10, 2019. Recommendation That the Planning Commission recommends that the City Council approve a minor subdivision sub- dividing a 10.17-acre parcel of land (PIN 23.027.21.31.0006) into one 3.01-acre parcel and one 7.16-acre parcel and a variance to the minimum front width of a new parcel, based on the findings of fact and subject to the conditions listed beow: Findings of Fact: A. The topography of the site to the south includes steep slopes and is densely wooded. B. Using frontage to the south of the existing residence for a new parcel would require tree re- moval and additional grading to allow access and creation of an acceptable building site. C. By utilizing frontage on the north side of the existing structure, grading and tree removal would be avoided. D. The proposed location allows for a shared access as no additional access points are permitted off Kimbro Avenue. Conditions of Approval: 1) A shared access drive will be required onto Kimbro Avenue from Parcels 2A and 2B. No additional access drives are permitted. 2) Any lawn irrigation placed within the Kimbro Avenue public right-of-way shall be the home- owners’ responsibility if repair or maintenance is required. 3) Area charges in the amount of $14,559.00 s hall 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. Planning Staff Report – Case No. MS2019-015 & V2019-016 Brown Farm Subdivision April 18, 2019 Page 8 of 8 4) The park dedication fee in lieu of land dedication amounting to the annual rate applicable at the time of building permit (currently $3,400.00/unit) shall be paid to the City for Parcel 2A prior to the release of a building permit. 5) All applicable permits (i.e.; building, electrical, grading, and mechanical) for the construction of a house on the parcel(s) 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. 6) The minimum setbacks for the principal structure shall be those found in the R-1 zoning criteria. 7) A certificate of survey is required with the building permit for Parcel 2A. 8) An as-built survey shall be required prior to a certificate of occupancy for Parcel 2A. 9) The property owner shall obtain a right-of-way permit from the City prior the installation of a shared driveway for Parcel 2A and 2B. The driveway location shall be approved by the City Engineer. 10) Any newly constructed private drive must be hard surfaced with asphalt or concrete between the Kimbro road edge and the front property setback line (30 feet). 11) Grading and erosion control measures meeting City standards shall be utilized during con- struction on Parcel 2A. 12) Prior to the issuance of a certificate of occupancy for Parcel 2A, all disturbed areas shall be sodded or have ground cover established to the satisfaction of the City Engineer. 13) If the City Engineer determines that any additional 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. Prepared by: Emily Schmitz Senior Planner Attachment: Exhibit A – Survey