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Home My WebLink About2021-03-22 PACKET 06.1.STAFF REPORT CASE: MS2021-021 & ZA2021-022 ITEM: 6.1 PUBLIC MEETING DATE: 3/22/21 TENTATIVE COUNCIL REVIEW DATE: 4/21/21 APPLICATION APPLICANT: Kathryn and Andrew Nash REQUEST: A zoning amendment to rezone approximately 6 acres of land from AG-1, Agricultural Preservation, to R-1, Rural Residential, and a minor subdivi- sion to subdivide the property into two 3-acre parcels. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 6005 Lamar Avenue South AG-1, Agricultural Preservation Rural Residential LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Woodbury (Ag) EAST: Agricultural SOUTH: Agricultural WEST: Agricultural SIZE: 6 Acres DENSITY: 1 unit per 3 acres RECOMMENDATION GUIDED Woodbury Rural Residential Rural Residential Rural Residential Approval, subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: Application Accepted:. 2/22/2021 60-Day Review Deadline: 4/23/2021 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Nash Zoning Amendment and Minor Subdivision Planning Case No. MS2021-021 and ZA2021-022 March 22, 2021 Proposal Kathryn and Andrew Nash have applied for a minor subdivision to subdivide a 6.0-acre parcel located at 6005 Lamar Avenue into two 3-acre parcels and a zoning amendment to rezone their 6.0 acre parcel from AG-1, Agriculture Preserve, to R-1, Rural Residential. Location Map Review Schedule Application Received: February 22, 2021 Acceptance of Completed Application: February 22, 2019 Planning Commission Meeting: March 22, 2021 60-Day Review Deadline: April 23, 2021 Tentative City Council Meeting: April 21, 2021 Planning Considerations Ordinance Requirements The City's Zoning Code allows for the division of land without a platting process when the pro- posed lot division is taking place within a rural zoning district and creating no more than two parcels. A minor subdivision process is still required when dividing land to ensure minimum zoning code standards are met. The parcel is currently zoned AG-1, Agricultural Preservation. The City's 2040 Land Use Plan guides this area of the community as Rural Residential, which is develop- ment of larger residential parcels (minimum three -acre lot size). The proposed zoning amendment Planning Staff Report — Case No. MS2021-021 and ZA2021-022 Nash Minor Subdivision and Zoning Amendment March 22, 2021 Page 2 of 6 to R-1, Rural Residential, aligns with the City's long-range plan as the proposal will create two 3- acre parcels. Newly created lots also require no less than 180 feet of road frontage. 77is�--i'""""' 1. f City Boundary Major Future Roadways Agriculture Preserve Rural Residential _ow Density Residential ^tedium Density Residential High Density Residential _ Commercial ® Mixed Use 2040 Land Use Plan Property Characteristics The applicants recently purchased the parcel located at 6005 Lamar Avenue, which includes the tax parcel to the north within the City of Woodbury city limits. The parcel currently contains a residence and several outbuildings and has access off Lamar Avenue/Cottage Grove Drive. Sev- eral rural lots surround the property to the west and to the south within the Old Cottage Grove neighborhood as well as surrounding tilled fields. The applicants plan to remove the existing struc- tures from the site and in the coming year will be constructing a new residence on the parcel within the city limits of Woodbury. Current Site Planning Staff Report — Case No. MS2021-021 and ZA2021-022 Nash Minor Subdivision and Zoning Amendment March 22, 2021 Page 3 of 6 Transportation Access and Right -of -Way Both the Cottage Grove parcel and the Woodbury parcel have access to Lamar Avenue/Cottage Grove Drive from a shared driveway. The driveway access is located near the north end of the Cottage Grove parcel and the majority is located within the city limits of Woodbury. The applicant has indicated they plan to utilize the existing access as they improve the Woodbury parcel and for any improvements to the proposed three -acre lots and have proposed improving the condition of the current driveway. The Cottage Grove parcel has minimal frontage onto Lamar (approxi- mately 33 feet). The City's Zoning Code requires a minimum of 180 feet of frontage for any newly created lot within the R-1, Rural Residential Zoning District. Given the current lot configuration does not provide additional frontage, the applicants are proposing a private driveway easement that will be recorded against both the Woodbury parcel and the two newly created three -acre parcels that will provide the required frontage to a public road. The easement is required to extend 180 feet to the east of the most easterly Parcel B. This easement will be required to be recorded at the time the deeds are recorded creating Parcels A and B. it �'\ '' 'i'� ,'/ �/� '4 rrall0r��lili'I ( l+ ��`.��:�= •�:\�\�:��:`\\`\t\\\.` `•\\ \ ,\ ~ r r.'�li�' 1+ � :' / ter--• �'`�� '^ �.`'.. � � \ .. ♦ \ , ` \,, �\ 1\ '`'''' /'. `', j' / ( r, I:11i1: 111:1111 +I , , `'-h��'\``� \ \\\\\\`,`��,♦ti ", `•''��`�`\`� \ `\ /: t VA ♦� V `A / r %i ��:_ +. ft/rij l l +. Proposeddnvawlrlemn*nt , t�"�t t \�•.`\ ` ` • .A Required Private Driveway Easement At such time this area is developed, these parcels would be required to be platted and the private driveway easement would be vacated. No residential development is planned within the City's 2040 Comprehensive Plan that would require City utilities, which are not currently available. Neither the City of Cottage Grove nor the City of Woodbury have plans for a public road in this location, therefore, both cities support the private driveway easement between the private prop- erty owners for their maintenance opposed to the cities' responsibility of public right-of-way. As part of the minor subdivision approval, the City is requiring the applicant to dedicate a small portion of right-of-way along Lamar Avenue. For rural road sections, the City typically has a total of 66 feet (33 feet on each side of the center line) of right-of-way, which includes the road and ditch sections. This small portion needing to be dedicated will align with the existing City right-of- way along Lamar Avenue for any future road work needing to take place. Planning Staff Report — Case No. MS2021-021 and ZA2021-022 Nash Minor Subdivision and Zoning Amendment March 22, 2021 Page 4 of 6 Required Dedicated ROW Utilities and Area Charges The site is currently served by a private well and sewer system. Any newly constructed residences on either of the new lots will be required to be served by a private well and an individual sanitary treatment system (ISTS). Primary and alternate septic site locations are required to be identified and have been provided by the applicant verifying viable building sites on both Parcels A and B. Prior to the issuance of a building permit on either of these lots, the applicant will be required to provide an approved septic permit from Washington County. 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 applicant, as part of this minor subdivision, is not proposing to dedicate land in lieu of the 2021 park dedication fee, which is $3,400 per lot. Given the proposed minor subdivision will create one additional lot, the park dedi- cation fee required to be paid prior to the issuance of a building permit will be one unit of park dedication. Number of lots Total due prior to building permit 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. No grading is proposed as a part of the subdivision, although at such time Planning Staff Report — Case No. MS2021-021 and ZA2021-022 Nash Minor Subdivision and Zoning Amendment March 22, 2021 Page 5 of 6 a residence is proposed, a grading plan would be required. Existing surface water drainage pat- terns are not proposed to be impacted. The City is requiring payment of the storm water facility charge at the rural rate for one of the 3.0- acre parcels. The 2021 storm water facility area charge rate is $4,837.00 per acre. This rate would be collected prior to the recording of any deeds finalizing the lot split. Acres Total due prior to recording of any deeds Storm Sewer Area Charge - $4,837.00 per acre 3.0 $14,511 Public Hearing Notices The public hearing notice was mailed to 5 property owners within 500 feet of the proposed minor subdivision and published in the St. Paul Pioneer Press on March 10, 2021. Recommendation That the Planning Commission recommend that the City Council approve a minor subdivision sub- dividing a 6.00-acre parcel of land (6005 Lamar Avenue South) into two 3.0-acre parcels and the rezoning of 6 acres of land from AG-1, Agricultural Preservation, to R-1, Rural Residential, subject to the conditions listed below: 1) A private driveway easement is required to be recorded against all three properties (10- acre Woodbury Parcel and Parcel A and Parcel B) prior to the recording of the deeds for the lot split. No additional access drives are permitted onto Lamar Avenue. 2) Lamar Avenue right-of-way shall be dedicated as part of the minor subdivision in the north- west corner of the property, aligning with the existing 33 feet of dedicated right-of-way from center of roadway. 3) Storm sewer area charge in the amount of $14,511.00 shall be paid to the City of Cottage Grove prior to recording the deeds creating the lots with Washington County. 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 one of the three -acre parcels 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, Rural Residential, zoning criteria. 7) A certificate of survey is required with the building permits for both Parcel A and Parcel B. Planning Staff Report — Case No. MS2021-021 and ZA2021-022 Nash Minor Subdivision and Zoning Amendment March 22, 2021 Page 6 of 6 8) An as -built survey shall be required prior to a certificate of occupancy for newly constructed residences on either Parcel A or Parcel B. 9) Grading and erosion control measures meeting City standards shall be utilized during con- struction on either Parcel A or Parcel B. 10) Prior to the issuance of a certificate of occupancy for a new residence constructed on either Parcel A or Parcel B, all disturbed areas shall be sodded or have ground cover established to the satisfaction of the City Engineer. 11) 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. 12) Any lawn irrigation placed within the Lamar Avenue public right-of-way shall be the home- owners' responsibility if repair or maintenance is required. Prepared by: Emily Schmitz Senior Planner Attachments: Applicant Narrative Survey Percolation Report Narrative for Minor Subdivision of 6005 Lamar Avenue S In the fall of 2019 we purchased the property at 6005 Lamar Ave. This purchase was the culmination of a multi year process to find an acreage property with more than one parcel. Our goal, along with our good friends and current neighbors of 20 years, Jeremy and Aimee Thornton, has been to build new homes and still remain neighbors. The property is currently two parcels, Parcel 1 is in Woodbury and is ten acres. Parcel 2 is in Cottage Grove and is six acres. The Woodbury parcel will remain as ten acres with one home to be built on it. We are proposing to split the Cottage Grove parcel with a home to be built on each of the newly formed parcels. This will leave a total of three homes over the sixteen acres. Further, the total sixteen acres currently has approximately seven acres of crop production, and we intend to continue this crop production. The desire to split this Cottage Grove parcel is to create a third building site. There are several friends and family members who are interested in building on acreage and we are excited to have another neighbor. The plan is as follows, the Nash family will build on the Woodbury parcel, and the Thornton family will build on proposed Parcel B. In regards to proposed Parcel A, it will have a new home built by a friend/family member, and as mentioned there are a few interested parties but no firm decision as of yet. In order to facilitate all of this new construction, the existing home, pole barn and other structures on the properties will be removed. Sincerely, Kathryn and Andrew Nash LEGAL DESCRIPTION: The South Half of the South Half of the Southwest Quaver of the Southwest Quaver of Seetion 36. Township 28. PROPOSED LEGAL DESCRIPTION FOR PARCEL A: Range 21. Washington County, Minnesota. The West Half of the North 12 rods of the Northwest Quaver of the Northwest Quaver of Section 1, Township 27. Range 21. Washington County. Minnesota. AND PROPOSED LEGAL DESCRIPTION FOR PARCEL B.- The North 12 rods of the Northwest Quarter of the Nonhwest Quaver of Section 1. Township 27, Range 21. The East Half of the North 12 rods of the Northwest Quarter of the Northwest Quaver of Sestion 1. Township 27. Washington County, Mimesons. Raoge 21. Washington County. Minnesota. SCOPE OF WORK & LIMITATIONS: PROPOSED LEGAL DESCRIPTION FOR EASEMENT: 1. Showing the length and dumion of boundary lines of the legal description listed above. The scope of our The West 845 feet of the South 60 fact of the South Half of the South Half of the South— Quarter of the es does not include determining what you own, which is a Iegal maser. Please check the legal Southwest Quaver of Section It& Township 28. Range 21. Washington County. Minnesota. description with your records or consult with competent legal counel. if nemsary. to make— that it is correct and that any masers of record such as easements. that you wish to be included on the aun'ay have been shown 2. Showing the larmim, of observed existing imWovements we deem mressary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Showing elevation, on the site at selected locations m give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevation for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and eheok at least one other feature shown on the survey whop determining other elevations for use on this site or before beginning connection. 5. This survey has been completed without the benetil of a current title cotantivnem. There may be existing semenis or other encumbrances that would be revealed by a cument tide commitment. Therefore, this a ey does not purport ro show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS &CONVENTIONS: •' Draw tmn survey marker. sat. -I— mberwisc rated. IS; - ORAWNC ORIEMAIgN a eCAIE CUEMNOB AO0RE55 ANDREW NASH " 6005 LAMAR AVE. S. WOODBURY. MN 1311J2 -------------- --- �\ -- / N 9a39'44' W 132Q47 AdvanceuartMrt• y�n.r SURVEYED DATE: SHEET TRLE LOTSPLITSURVEY SHEET NO. StnPeymg d Engineering. Co. a ..c NOVEMRER 25. 2020 J SHEET SIZE: 22 X 34 w.I,vP 443503 pgAFTED DATE: nttNg�.+r Nv.J DRAWING NUMBER JANUARY S. 2021 sfr Paom(M)a1a-r89a ve: DECEMBER 4, 21120 202052 WP BNF David R. Brown drufusb i Cap yahoo.com L#3649 C#9370 651-788-3296 PE 1COIL ATION REPORT WISE RESOURCE MANAGEMENT DOESN'T COST ... IT PAYS 6005 Lamar Ave S. Cuttaze Grove, Mn 1 //22/2021 Six soil pits were recently conducted for the proposed land split of the above named property, 6005 Lamar Ave S. Cottage Grove, Mn., for the purpose of declaring these sites buildable in regards to sustaining a standard septic system. From these pits taken and observed, this lot can sustain Type I ISTS. This is preliminary soil testing and the final decision for this site will be made by Washington County. Additional soil testing, percolation tests and a septic design will be required prior to a septic permit being granted by Washington County. Trenches and absorption widths will need to observe setbacks of 10 feet from any lot line and at minimum 20 feet from any house, building with footings and neighboring ISTS soil treatment areas. Setbacks from any lake, stream or river will also need to be observed and these distances vary pertaining to the type of waterway. Individual wells will need to observe a 50 foot setback from any soil treatment area. All wastewater treatment sites are to be cordoned off prior to the start of any construction activity. No construction traffic or grading is permitted in the soil treatment area (STA). All proposed wastewater treatment sites are to be protected with a visual barrier to prevent construction traffic from encroaching into the test area and possibly causing irreversible soil damage in respect to the on -site wastewater treatment and absorption areas. Thank you, David R. Brown L#3649 C#9370 Soil Map —Washington County, Minnesota d G� k 41. 51' 3N' N 5t /7A 5B270 911m mm CONM 11,1AM 3 IS I8 Map `.,tale: 1:2,320 F prkt W on A lar&a pe it l" x W) Shell. _ -- mdm NN 0 3D 80 120 -- 180 N._ �- ,� 0 100 mo 40D 000 Map per: Web Nk1®mr Garner marinates: VAZB4 Edge om: (IN Zane 19 1WCiS84 tmm Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey M' 51'4WN I UAto) ,`YIFL+n,J ^„lR#]iU VJagJV CAgf aL d a Bt —= Sots. �►i5 2/11/2021 Page 1 of 3 ii` 51' 3W N