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7.a)3) TKDA Memo-Sandager Rezoning Application �1 �� 3� - � 444 Cedar Street,Suite 1500 Saint Paul.MN 55101 651.292.4400 � tkdo.com TKDA Memorandum To: Scandia City Council Reference: Sandager Rezoning Application, Kristina Handt, City City of Scandia Administrator Copies To: L. Daniel and Susan K. Sandager, applicants Project No.: 15253.024 From: Sherri Buss, RLA AICP, Routing: Planner Date: December 9, 2013 SUBJECT: Sandager Rezoning Application MEETING DATE: December 17, 2013 LOCATION: 20021 St. Croix Trail North Scandia, Minnesota APPLICANTs: L. Daniel and Susan K. Sandager ZONING: Rural Commercial (R COMM) 60-DAY PERIOD: January 8, 2014 ITEMS REVIEWED: Application and Plans received November 12, 2013; New Scandia Township meeting records from April, 1989 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to record and rezone a parcel from the Rural Commercial (R COMM) District to the General Rural (GR) District. New Scandia Township approved the subdivision of the parcel in 1989, and a single-family home was built on the new parcel. However, the subdivision was never recorded at Washington County. The applicants are proposing to record the subdivision now. The use on the parcel that was created with the 1989 subdivision is not consistent with the current zoning classification of the parcel, and therefore requires a zoning change to permit approval of the deeds and recording the parcel. The property is currently located in the Rural Commercial (R COMM) District. An employee owned company promoting affirmative action ond equal opportunity Sandager Rezoning Staff Report Scandia City Council Page 2 December 17, 2013 BACKGROUND In 1989, the applicants applied for a minor subdivision of a 34.66 acre parcel to create a 6.56 acre parcel (called Parcel "A" on the survey attached). The larger parcel includes Abrahamson's Nursery. The applicants applied for subdivision so that they could build a home on the 6.56-acre parcel. The Township approved the subdivision on April 3, 1989, and the home was built shortly after that date. However, the applicants did not record the subdivision at Washington County. The Township's ordinance at the time of approval required that minor subdivisions be recorded, but included no deadline for recording. (The current ordinance requires that minor subdivisions be recorded within 1 year of approval.) The applicants are working to separate their business property from their personal property. They have requested that the City approve the subdivision now and allow them to record it. However, the zoning of the property has changed to Rural Commercial since the approval of the subdivision in 1989. Single-family residential use is allowed only with a PUD in the R COMM District. The applicants are requesting rezoning of Parcel A to General Rural, where single- family residential use is permitted. The properties adjacent to the 6.56-acre parcel to the north, west and east are in the General Rural Zoning District. The remaining parcel where the nursery is located would remain in the R COMM District. The City could require the applicants to reapply for subdivision approval, given the length of time since the original approval. The Planner contacted the County to determine if the County would record the 1989 subdivision at this time, or require a new application and approval. County staff indicated that since the Township's ordinance in 1989 did not have a time limitation for recording minor subdivisions, the County could record the subdivision now, if the City determines that it is consistent with the current ordinance and approves the deeds. County staff recommended that if the City does not wish to require a new subdivision application, the applicant could have new deeds drawn up for the approved subdivision, have them stamped by the City, and submit them to the County Recorder. City staff reviewed the subdivision that was created in 1989, and found that a change in zoning is needed to permit the single-family use on the parcel. The use and dimensions of the parcel are consistent with the General Rural District requirements. Staff recommended that the applicant did not need to reapply for subdivision approval, but needed to submit an application to rezone the parcel. If the rezoning is approved, the applicant may create the new deeds for City approval, and record the parcel. DETAILED EVALUATION OF THE REZONING REQUEST: A rezoning request is a request to amend the Comprehensive Plan, and may include amendments to the plan text, map or both. Section 5.0 of the Development Code includes the criteria that the Planning Commission shall use to evaluate requests for changes to the Comprehensive Plan: A) The proposed action shall be considered in relation to the specific policies and provisions of and shall be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans. 1 r Sandager Rezoning Staff Report Scandia City Council Page 3 December 17, 2013 B) Whether the proposed action meets the purpose and intent of the Development Code, or in the case of a map amendment, it meets the purpose and intent of the individual district. Consistency with the Comprehensive Plan The current Comprehensive Plan created the Rural Commercial District. The Plan says that the District was created for the following purposes: • The District is intended to "support commercial development in places of historic commercial activity" outside the Village Center. • The District permits a variety of commercial uses, but does not permit single-family residences as a use, unless the use is part of a Planned Unit Development (PUD). The Comp Plan describes the General Rural District as follows: • The General Rural Area is a residential area of mixed lot sizes. • Single-family residential dwellings will be the primary land use for the General Rural Area. It will be developed at a maximum density of four dwelling units per 40 acres with a minimum allowed lot size of 2 acres. The Planner suggests that a rezoning of the 6.56-acre parcel from the Rural Commercial District to the General Rural District is consistent with the Comprehensive Plan for the following reasons: • The existing and proposed use of Parcel A is consistent with the goals and policies for the GR District, and is not consistent with the goals and policies for the R COMM District. • The rezoning of Parcel A to the GR District will be consistent with zoning classification of adjacent parcels to the north, west and east. • The use of the parcel will not require additional public facilities or services. It will not have a negative impact on the City's capital improvement plan or facilities plans. Consistency with the Standards of the General Rura/District and Intent of the Development Code Density, Lot Size and Width The minimum lot size for newly created lots in the General Rural District is 2.0 acres. The new subdivision will result in parcels that are 6.56 acres and 28.7 acres in size. The proposed lots meet the ordinance requirement. Frontaqe on the Public Roadway The Development Code requires that new lots in the GR District that are 4.0 acres or larger have 300 feet of frontage on a public roadway. Parcel A has 302.16 feet of frontage on St. Croix Trail North. The applicants will continue to utilize the existing driveway to access St. Croix Trail North. Parcel A meets the frontaqe requirement. 1 � Sandager Rezoning Staff Report Scandia City Council Page 4 December 17, 2013 Accessorv Structures Parcel A includes an existing home and no detached accessory structures. No new structures are proposed for Parcel A. Parcel A meets the Code requirement. Wetlands No wetlands exist on Parcel A. The parcel meets the Code requirement to have a minimum of 1 acre of buildable area in the GR District. Setbacks The required setbacks in the General Rural District include the following: • Front setback: 40 feet • Side setback (1.5 acres or larger): 20 feet • Rear: 50 feet • Arterial roadways (St. Croix Trail North is an A-Minor Arterial): 150 feet from the centerline or 75 feet from the right-of-way, whichever is greater The existing home is approximately 730 feet from the front lot line and the right-of-way of St. Croix Trail North, 50 feet from the rear lot line, and 160 and 35 feet from each of the side lot lines. The existinQ setbacks meet the Code requirement. Wastewater Treatment The Township required the applicants to complete soil tests at the time of the original subdivision application. The existing homestead is served by a permitted on-site septic system. No new uses that would require additional wastewater treatment are proposed. Stormwater Manaqement No alteration is proposed in the grades on the site, and no new impervious surfaces are proposed. The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review. Jim Shaver, the District Administrator, replied that the District has no comments on the application, and no District permit is required for the proposed rezoning. Access The existing driveway serving Parcel A is located on St. Croix Trail North (TH 95). The applicant obtained a Mn/DOT permit for the driveway access after the original subdivision was approved. No additional access is proposed. The access meets the ordinance requirement. Park Dedication Park dedication is required for new subdivisions. The City has the option to obtain park land or collect the fee in lieu of land. The New Scandia Township Park Dedication requirement at the time that the subdivision was approved in 1989 was $75. The City does not have a record of whether the applicant paid the park dedication fee in 1989. However, the Sandagers provided 1 � Sandager Rezoning Staff Report Scandia City Council Page 5 December 17, 2013 documentation that the park dedication fee was paid in 1989, and therefore this requirement for subdivision is satisfied. Findings The following bullets present the Planner's findings related to the Sandager request for rezoning, based on the Development Code criteria for approving changes to the Comprehensive Plan and zoning map. Each of the criteria are shown in italics: • The proposed action shall be considered in relafion to the specific policies and provisions of and shall be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans. a. The existing and proposed use of Parcel A are consistent with the Comprehensive Plan's goals and policies for the General Rural District, and are not consistent with the goals and policies for the Rural Commercial District. Single-family residential uses are permitted in the General Rural District, but only permitted with a Planned Unit Development in the General Rural District. b. The rezoning of Parcel A to the General Rural District will be consistent with the zoning classification of adjacent parcels to the north, west and east. c. The use of the parcel will not require additional public facilities or services. It will not have a negative impact on the City's capital improvement plan or facilities plans. • Whether the proposed action meets the purpose and intent of the Development Code, or in the case of a map amendment, it meets the purpose and intent of the individual district. a. The uses on the parcel that was created with the subdivision in 1989 meet the intent and all of the dimensional requirements and standards of the current Development Code for the General Rural District. The Planner finds that the Sandager request for rezoning meets the Development Code criteria for approving the rezoning of Parcel A from Rural Commercial to the General Rural District. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Sandager rezoning application at their meeting on December 3. The Commission received no oral or written comments on the application. Planning Commission members agreed that the request is reasonable and that the subdivision meets the ordinance requirements. The Commission indicated that if the subdivision had been recorded at the time of the Comprehensive Plan, the parcel would have been included in the General Rural District at that time. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 1 � Sandager Rezoning Staff Report Scandia City Council Page 6 December 17, 2013 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the rezoning of the 6.56- acre parcel located at 20021 St. Croix Trail North from the Rural Commercial (R COMM) District to the General Rural (GR) District, with the following conditions: 1. The applicants shall have new deeds drawn up for the subdivision that are consistent with the subdivision approved by New Scandia Township in 1989, for approval by the City. 2. The applicants shall record the subdivision at Washington County within one (1) year of the approval of this rezoning application. 3. The Applicant shall pay all fees and escrows associated with this application. 7 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-17-13-04 APPROVING REZONING OF 20021 ST. CROIX TRAIL NORTH WHEREAS, L. Daniel and Susan K. Sandager have made an application rezone a 6.56- acre parcel located at 20021 Scandia Trail North from the Rural Commercial (R COMM)Zoning District to the General Rural (GR) District; and WHEREAS, the property is legally described as follows: Those parts of the Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter, both in Section 19, Township 32 North, Range 19 West, Washington County, Minnesota, lying easterly of the center line of St Croix Trail North (State Highway No. 95), lying north of a line drawn ]005.00 feet north of and parallel with the south line of the Southwest Quarter of said Section 19, and lying west of a line drawn 1180.00 feet west of and parallel with the east line of said Southwest Quarter; and WHEREAS, the Planning Commission reviewed the request for rezoning at a duly noticed Public Hearing on December 3, 2013, and recommended approval based on the following findings: 1. The existing and proposed use of Parcel A are consistent with the Comprehensive Plan's goals and policies for the General Rural District, and are not consistent with the goals and policies for the Rural Commercial District Single-family residential uses are permitted in the General Rural District, but only permitted with a Planned Unit Development in the General Rural District. 2. The rezoning of Parcel A to the General Rural District will be consistent with the zoning classification of adjacent parcels to the north, west and east. 3. The use of the parcel will not require additional public facilities or services. It will not have a negative impact on the City's capital improvement plan or facilities plans. 4. The uses on the parcel that was created with the subdivision in 1989 meet the intent and all of the dimensional requirements and standards of the current Development Code for the General Rural District; Resolution No.: 12-17-13-04 Page 2 of 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the rezoning of a 6.56-acre parcel located at 20021 Scandia Trail North from the Rural Commercial (R COMM) Zoning District to the General Rural (GR) District; and FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The applicants shall have new deeds drawn up for the subdivision that are consistent with the subdivision approved by New Scandia Township in 1989, for approval by the City. 2. The applicants shall record the subdivision at Washington County within one (1) year of the approval of this rezoning application. 3. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 17th day of December, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk CITY OF SCANDIA ORDINANCE NO. 150 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE DESIGNATION OF 20021 ST. CROIX TRAIL NORTH FROM RURAL COMMERCIAL TO GENERAL RURAL The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. The official Zoning Map, as adopted in Chapter 2, Section 1.2 of the Development Code of the City of Scandia is hereby amended to change the designation of the following described property from Rural Commercial ("R COMM")to General Rural ("GR"): 20021 St. Croix Trail North, mare specifically described as: Those parts of the Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter, both in Section 19, Township 32 North, Range 19 West, Washington County, Minnesota, lying easterly of the center line of St. Croix Trail North (State Highway No. 95), lying north of a line drawn 1005.00 feet north of and parallel with the south line of the Southwest Quarter of said Section 19, and lying west of a line drawn 1180.00 feet west of and parallel with the east line of said Southwest Quarter, Washington County, MN. Section 2: Effective Date. This ordinance shall be effective upon its passage and summary publication according to law. Passed and adopted by the City Council of the City of Scandia this 17th day of December, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Clerk/Administrator F,.,�.,...as�i� 1 t k!� M 0 N U'M E N T S N 0 T S E T NOTE: C E R T 1 F I C A T E 0 F 5 U R V E Y A S P E R T H I S D A T E. SODIE PERIPHERAL DIMENSIONS ARE TORFAD�EDPRIORTOFIIING. ��Ncn�RK SURVEYING INC. ����� ziioo oii�aa r�eii:+o«n-v.o.eox 7� s�e�a�a,ru���mc.sso» �ooz� �C,..:-..��,,._pJ le�eyne R.Dupaleff lelephone � Licensed Surveyor 633-3G?1 I CereDy ertl[y ctut t�1e vey, plen,o report vae prepareE Dy ce cnder v.7 Eirect supervlalon anC 'I33-zv 3� • ♦ thet I eo e�duly IScensed lend Surveyar�nder the lavv of�ne Scxte ef MinMvote. ��syx��('.(s�e4.i�� u�eme No. I2660 oace: 4 APTiC /9B9 '�" � � , ; . . ,\\,� 13 I _' n I • � 18� . v y i: MINOR SUBDIVISION FOR : � __ � N �; � n o L. DANIEL S SUSA1.' K. SANOAGER �y �� I 24 i ` T S •� I, ZOOZ� ST. Cft01% TRAIL NORTH Y C i Sf,.4N01A. ��1NNESOTA 55��3 SZ 53 x 'i'. � 1�i �p,. 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