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HomeMy WebLinkAboutX-C-04 Resolution Authorize Placement of an On-Site Sewer within the MUSA - Daniel Bauer - NW Corner of Pleasant and Co Rd 46 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: Resolution: Authorize Placement of an on-site sewer within the MUSA - Daniel Bauer - NW Corner of Pleasant and Co Rd 46 Council Action Requested: Consider adoption of the attached resolution authorizing the placement of an on-site sewer (septic system) within the Metropolitan Urban Service Area (MUSA) on a 10.5 acre parcel owned by WRB, LLC (Bauer) generally located northwest of Pleasant Drive and Co Rd 46. A simple majority is necessary for action. Ordinance Requirement: City Code Chapter 50.05, Subd. D.3 establishes requirements for on-site sewer (septic system), stating: No private on-site sewer system shall be permitted without approval by the City Council. City Council may deny approval of an on-site sewer on property situated within the MUSA due to the pending availability of City sanitary sewer service. Proposed Use: Construction of a single family home\hobby estate served by private well and septic system. Existing Condition: The property is currently used and zoned for agriculture and subject to a minimum lot size of 10 acres. The 2040 Comprehensive Plan guides the property for Medium Residential Development. Adjacent Zoning and Land Use The following land uses abut the properties: Direction Use Comp Plan District Zoning District North Vermillion River Single Family Homes Flood Plain\Low Residential Flood Plain R-1 Low Density East Pleasant Drive Agriculture High Residential A - Agriculture South Co Rd 46 Agriculture Commercial Marshan Township West Agriculture Medium Residential A - Agriculture X-C-04 Municipal Sewer Availability Sanitary sewer is located nearly ½ mile from the site near the intersection of Co Rd 46 and Village Trail. The 2040 Comprehensive Plan identifies future construction of a 36” sanitary sewer line along County Road 46 to serve properties for future development. The cost of future extension would be the responsibility of benefitting developers. City staff has spoken to the landowners located between the subject site and the existing sewer line and they do not plan development in the near future. The cost of extending a sanitary sewer for a single home is prohibitively expensive. Recommendation Approval is recommended. The size of the property is large enough to support a septic system along with primary and secondary drainfields. Development of a single family home would still allow for further development intensification upon the extension of municipal sanitary sewer. Extension of sanitary sewer to serve the property does not appear likely in the near future. Per City Code Chapter 50.03 connection to municipal sanitary sewer would be required within one year of such time as service becomes available to a property boundary. Financial Impact: Allow construction of a single family home\hobby farm to increase the tax value. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments:  Resolution  Location Map  Request - Dan Bauer - WRB, LLC X-C-04 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ALLOWING CONSTRUCTION OF AN ON-SITE SEWER WITHIN THE METROPOLITAN URBAN SERVICE AREA Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, WRB, LLC is owner of a +/- 10.5 acre parcel of land (“SUBJECT PROPERTY”) generally located northwest of Pleasant Drive and County Road 46 (PID 19-03200-82-011) and legally described as follows: The south 3,016.86 feet of the east 1,155 feet of the West Half of the East Half of Section 32, Township 115, Range 17, Dakota County, Minnesota located west of Pleasant Drive; except that portion platted as OLD BRIDGE 1ST ADDITION, and except that part located north of OLD BRIDGE 1ST ADDITION WHEREAS, WRB seeks permission to construct an on-site sewer system on the SUBJECT PROPERTY to serve one single family home\hobby farm; and WHEREAS, the SUBJECT PROPERTY is within the Metropolitan Urban Service Area (“MUSA”) for connection to municipal sanitary sewer service; and WHEREAS, City Code Chapter 50.05 establishes requirements for the construction of on-site sewer systems, including the City Council approval of on-site sewer systems; and WHEREAS, existing municipal sanitary sewer service is nearly ½ mile from the property boundary, and not planned for extension in the near term; and WHEREAS, the SUBJECT PROPERTY is zoned A-Agriculture and exceeds the minimum size requirement for construction of a single family home within the zoning district. X-C-04 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the request to allow construction of a singular on- site sewer system subject to the following conditions: 1) Connection to municipal sanitary sewer service within one year of such time as service becomes available to the property boundary. 2) Abandonment of the on-site sewer system upon connection to municipal sewer. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. Adopted by the Hastings City Council on November 15, 2021, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal)   X-C-04 I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 15th day of November, 2021, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-04 LOCATION MAP Existing Sewer Location X-C-04 REQUEST - DAN BAUER - WRB, LLC Hi John, Per your discussions with our agent, Brent Hislop from Synergy Land Company, we are requesting permission to construct an on-site well and sewer system on the parcel of land located at the intersection of 160th St and Pleasant Avenue. The property is currently zoned Agriculture which would allow for a housing unit. We are not asking for further subdivision of the parcel, just for reasonable use. At 10+ acres, a single family home/hobby estate on well/septic is reasonable and does not materially limit its ability to re- subdivide further once City sewer/water is provided. If the City had city water/sewer utilities available now, the Family would not be requesting the well/septic for a single home. We understand that this parcel may not fit the typical current day planning/zoning “norm” for parcels within the City. For this reason, we ask the City for flexibility in supporting our request. We also understand that the property would be subject to hooking up to City Sewer and Water within a year of availability provided the hookup is within a reasonable distance of 100 feet or less for the connection. We appreciate your help in finding a path forward on this topic. Please let us know if you need additional information. Thanks for your understanding. Daniel J Bauer X-C-04