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Home My WebLink About2024-08-26 PACKET 06.A. (LOT SPLIT AT 9016 KIMBRO)STAFF REPORT CASE: MS2024-016 & V2024-016 ITEM: 6.1 PUBLIC MEETING DATE: 8/26/24 TENTATIVE COUNCIL REVIEW DATE: 9/4/24 APPLICATION APPLICANT: Al Stewart REQUEST: A minor subdivision to subdivide a 6.45-acre parcel of land into two lots, a 3.1-acre parcel with the existing house and structures and a 3.35-acre buildable parcel, and a variance from the minimum 180-foot lot width at the road. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 9016 Kimbro Avenue South R-1, Rural Residential Rural Residential LAND USE OF ADJACENT PROPERTIES NORTH: EAST: SOUTH: WEST: SIZE: DENSITY: 6.45 acres RECOMMENDATION rlIRRFNT Park/Open Space Agricultural Rural Residential Park/Open Space GUIDED Park/Open Space Agricultural Rural Residential Park/Open Space Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. 10Cottage COTTAGE GROVE PLANNING DIVISION `�?�'�` j Grove kh�+e Price .n,P,p5perity Meet Planning Staff Contact: Riley Rooney, Associate Planner; 651-458-2834; rriley(o-)_cottagegrove mn.qov Application Accepted: 8/1/2024 60-Day Review Deadline: 9/30/2024 City of Cottage Grove Planning Division e 12800 Ravine Parkway South e Cottage Grove, MN 55016 Planning Staff Report 9016 Kimbro — Minor Subdivision Planning Case No. MS2024-016 & V2024-016 August 26, 2024 Proposal Al Stewart has submitted an application for a minor subdivision and a variance to subdivide a 6.45-acre parcel located at 9016 Kimbro Avenue South into two separate parcels- a 3.10-acre parcel that would include the existing house and accessory structures, and a 3.35-acre buildable parcel with a proposed reduced lot width at the front property line requiring a variance. Location Map Review Schedule Application Received- August 1, 2024 Acceptance of Completed Application- August 1, 2024 Planning Commission Meeting- August 26, 2024 60-Day Review Deadline- September 30, 2024 Tentative City Council Meeting- September 4, 2024 Planning Staff Report — Case No. MS2024-16 & V2024-016 9016 Kimbro Avenue Minor Subdivision August 26, 2024 Page 2 of 6 Planning Considerations Property Characteristics The parcel located at 9016 Kimbro Avenue currently contains a single-family residence as well as two accessory structures, which will remain after the proposed land subdivision. The parcel bor- ders Cottage Grove Ravine Regional Park to the north and west and a rural residential (R-1) property to the south. Current access to the parcel is off Kimbro Avenue. The south and west property lines are densely wooded, and the property owner would like to maintain much of those areas. �i`� �y caCaPtleA ,f F (-� IOEAI� ' 9y545fiY N seem•' .i l e+�t .�,�_.i J wnefr+Wm luar.m Am 1 _ r✓ _ RtiBSLM 1- - J-L caeea,saew wVIM bno re .A I • . `� W '�n_.�" :; Y �I.rl_ I �. f __r� F y } •f - � I f1J `4 J _L � I lCBe m.n m � Jw. N+Q ei RaN lBtln. N+Q. 1Mhr� IMIN6d1E 1065E _ � � - 8�b�6MY"96i�. _ I lHei49E. th51 it �JI,� _ , iI �I ''}jj'''}JJJ i /// K I B�wd{M.pra.l lkeimM.. ' i4]41TE �I 2024 Proposed Site Survey Variance The proposed survey creates a new parcel with a frontage width of 60 feet while the minimum width permitted by the zoning code is 180 feet. The septic tank sites on the current parcel are located central to the existing lot; by locating the frontage for the proposed new parcel (Parcel A) to the north of the existing house and structures (Parcel B), Parcel A will not impede the integrity of the established septic tank locations. By utilizing frontage on the north side of the lot, separation of the existing accessory structures from the existing house on Parcel B will be alleviated allowing the home to continue its use of these structures. The proposed location of Parcel A allows Parcel B to maintain the setbacks for the existing structures for the proposed newly created property line. Planning Staff Report — Case No. MS2024-16 & V2024-016 9016 Kimbro Avenue Minor Subdivision August 26, 2024 Page 3 of 6 March — April 2024 Photo Findings The findings of fact for a favorable recommendation that were considered during the review are identified as follows: A. Expanding the frontage width of Parcel A to meet code standards would impede the existing home and accessory structures on Parcel B by creating a parcel with accessory structures and no principal structure. B. Utilizing frontage on the north side of the existing structures would avoid constructing the access over the existing drain field and septic tank. Land Use The future land use for this property is designated as Rural Residential per the 2040 Comprehen- sive 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 continue to have access to the 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. 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 creating two parcels greater than three acres: 3.35 acres and 3.10 acres. The proposed property lines for the future buildable lot meet the required setbacks from existing structures, including 25 feet from side property lines and 50 feet from rear property lines. Any new structure proposed on the 3.35-acre parcel (Parcel A) Planning Staff Report — Case No. MS2024-16 & V2024-016 9016 Kimbro Avenue Minor Subdivision August 26, 2024 Page 4 of 6 would be required to meet all appropriate setbacks as well and would be reviewed as a part of the building permit process. No new accessory structures would be permitted on the existing lot as Parcel B has reached the maximum square footage and number of allowed accessory structures per City Code Title 11-3-5. Transportation Access and Right -of -Way Kimbro Avenue is designated as a Major Collector Roadway in the 2040 Comprehensive Plan. The existing parcel currently has access off Kimbro Avenue to the north and south end of the property. Resolution 2017-015 states that no additional drives shall be permitted on Kimbro Ave- nue. With no additional access points permitted off Kimbro Avenue, the property owner has pro- posed moving the north -most existing access to the proposed new lot to allow for Parcel A to have frontage on Kimbro Avenue. The existing lot, Parcel B, will continue to utilize the southern access drive. For the time being, the applicant plans to retain both existing drives in their current location until such time a building permit for a new home is requested on the newly created buildable lot. At that time, the current property owner will construct a new driveway to allow Parcel A access off Kimbro Avenue. The required 40 foot right -of way for Kimbro Avenue was obtained previously, therefore no additional ROW dedication is required. Parcel A — Adjusted Future Access Location Utilities and Stormwater Management The subject property is not located within the Metropolitan Urban Service Area (MUSA) and no public utilities are available for connection. The existing residence is currently served by a private well and septic system. A newly constructed residence on the 3.35-acre parcel would also be served by a private well and an individual sanitary treatment system (ISTS); therefore, no water or sanitary area charges are required as a part of this lot minor subdivision. Primary and alternate ISTS sites would be required to be identified on the proposed 3.35-acre site prior to the issuance of a building permit; however, a soil observation test collected earlier this summer indicated the native soils were conducive for onsite drainfields. The minimum acreage for property having an ISTS is 1.5 acres. Planning Staff Report — Case No. MS2024-16 & V2024-016 9016 Kimbro Avenue Minor Subdivision August 26, 2024 Page 5 of 6 The proposed lot split has been evaluated for division to evaluate any drainage issues that should be addressed. No grading is proposed as a part of the subdivision, although at such time a new home building permit is proposed, a grading plan and grading permit would be required. Existing surface water drainage patterns are not proposed to be impacted. Park Dedication and Stormwater Area Charges 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 is not proposing to dedicate land in lieu of the 2024 park dedication fee, which is $4,600, therefore, one lot fee is required to be paid prior to the issuance of a building permit. Number of lots Total due prior to building permit approval Park dedication fee (per lot) — 1 $4,600.00 $4,600.00 Payment of the storm water facility charge for the 3.35-acre parcel is required. The 2024 storm water facility area charge rate is $7,730.00 per acre. This rate would be collected prior to the recording of any deeds finalizing the lot split and is calculated based on the City's Rural Friendly approach. Acres Total due prior to recording of any deeds Storm Sewer Area Charge — 3.35 $25,895.50 $7,730.00 per acre Public Hearing Notices The public hearing notice was mailed to 7 property owners within 500 feet of the proposed minor subdivision and published in the St. Paul Pioneer Press on August 14, 2024. Recommendation That the Planning Commission recommends that the City Council approve a minor subdivision sub- dividing a 6.45-acre parcel of land (PIN 2302721120005) into one 3.10-acre parcel and one 3.35- 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 below: 1) Any lawn irrigation placed within the Kimbro Avenue public right-of-way shall be the home- owners' responsibility if repair or maintenance is required. 2) Stormwater area charges in the amount of $25,895.50 shall be paid to the City of Cottage Grove prior to recording the deeds creating the lots with Washington County. 3) The park dedication fee in lieu of land dedication amounting to the annual rate applicable at the time of building permit (currently $4,600.00/unit) shall be paid to the City for Parcel A prior to the release of a building permit. Planning Staff Report — Case No. MS2024-16 & V2024-016 9016 Kimbro Avenue Minor Subdivision August 26, 2024 Page 6 of 6 4) 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 ap- proved by the Building Official and Fire Marshal. 5) The northernmost existing access off Kimbro Avenue shall be moved from Parcel B to Parcel A prior to the approval of a building permit on Parcel A. No additional access drives are permitted. 6) The moved access onto Parcel A shall comply with the minimum setbacks for accessory structures per City Code Title 11-3-5. 7) The minimum setbacks for the principal structure shall be those found in the R-1 zoning criteria. 8) A certificate of survey is required with the building permit for Parcel A. 9) An as -built survey shall be required prior to a certificate of occupancy of a new house for Parcel A. 10) Grading and erosion control measures meeting City standards and grading permit shall be utilized during construction on Parcel A. 11) Prior to the issuance of a certificate of occupancy for Parcel A, all disturbed areas shall be sodded or have ground cover established to the satisfaction of the City Engineer. 12) 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. 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