ITEM 5.1 Barthel CUPF
Otsezo
MINNESOTA CDP
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
8 April 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
5.1— Barthel CUP
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
width within an A-2 District.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
Held by Planning Commission 1 April 2019
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
Urban Service District. Section 11-52-5.G of the Zoning Ordinance requires a Conditional Use Permit to
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a conditional use permit allowing a lot less than 20 acres and 450 feet in
width within an A-2 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 1 April 2019
BACKGROUND/JUSTIFICATION:
Mr. Joseph Barthel is proposing to subdivide a 2.5 acre lot from an 86.59 acre parcel located north of 601h
Street (CR 137) and east of Macallister Avenue. The subject site is zoned A-2, Agriculture Long Range
Urban Service District. Section 11-52-5.G of the Zoning Ordinance requires a Conditional Use Permit to
allow for subdivision of a lot in the A-2 District with an area less than 20 acres and width less than 450 feet
to a public street.
The Planning Commission held a public hearing on 1 April 2019 to consider the application. Mr. Barthel
was present to address the Planning Commission. There were no public comments. The Planning
Commission had no questions or concerns regarding the request. The public hearing was closed and the
Planning Commission voted 6-0 to recommend approval of the conditional use permit.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 19 March 2019
■ Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit allowing administrative subdivision of a lot with an area less
than 20 acres within the A-2 District, subject to the conditions set forth in the Findings of Fact and Decision
as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
RE:
REPORT DATE:
ACTION DEADLINE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
Otsego — Barthel/Praught A-2 District Lot Area CUP
19 March 2019
10 May 2019
101.02
Mr. Joseph Barthel is proposing to subdivide a 2.5 acre lot from an 86.59 acre parcel located north of
60th Street (CR 137) and east of Macallister Avenue. The subject site is zoned A-2, Agriculture Long
Range Urban Service District. Section 11-52-5.G of the Zoning Ordinance requires a Conditional Use
Permit to allow for subdivision of a lot in the A-2 District with an area less than 20 acres and width less
than 450 feet to a public street. A public hearing has been noticed for the Planning Commission meeting
on 1 April 2018 to consider the application.
Exhibits:
■ Site location map
Boundary survey dated 3-08-19
ANALYSIS
Comprehensive Plan. The subject site is divided between the West Sewer District and Urban Service
Expansion Area E3 established by the Sewer Staging Plan of the 2012 Comprehensive Plan as amended
on 10 December 2018. Development density within the Urban Service Expansion Area is allowed at 1
dwelling unit per 10 acres. The existing 86.59 acre parcel retains 6 development rights based on the
existing single family dwelling and prior subdivisions. The proposed subdivision of a 2.5 acre lot from
the subject site is consistent with the interim rural use of the property. A deed restriction is to be
recorded on the remaining 84.09 acre property limiting future development to not more than five,
including the existing single family dwelling.
Zoning. The subject site is zoned A-2 District. The A-2 District allows for development at a density of
one dwelling unit per 10 acres and subdivision of lots less than 20 acres in area by approval of a
conditional use permit consistent with the interim land use plan policies established by the
Comprehensive Plan.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum
width of 450 feet. In order to maintain contiguous tracts of land for future urban development, Section
11-52-5.G of the Zoning Ordinance allows for the subdivision of lots less than 20 acres in area within the
A-2 District by conditional use permit based on compliance with the following criteria:
1. All other applicable requirements of Section 11-52-6 of this Chapter are complied
with.
2. A concept plan utilizing all development rights allowed by Section 11-52-6.8 of
this Chapter is submitted and recorded with the subdivision.
3. Lots are to be clustered and the overall subdivision designed in such a manner so
as to provide for logical future street and utility extensions.
4. No lot shall be less than one (1) acre in size or 150 feet in width.
5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall
be two and one-half (2.5) acres except if one of the following conditions is met;
a. Topography, soils, wetlands, or other natural features dictate a larger
minimum lot area.
b. The location of existing buildings cannot be fully accommodated in
compliance with applicable setback requirements of Section 11-52-6.0 of
this Chapter.
C. One (1) development right as allowed by Section 11-52-6.8 of this
Chapter is used for a dwelling located on the present parcel outside of
the residential cluster.
6. A resubdivision plan for future division of each lot with availability of municipal
sanitary sewer service is submitted and recorded on the deed for each lot.
Principal and accessory buildings shall be located on each lot in conformance
with all present and future setback requirements based on the resubdivision
plan.
Z A deed restriction is placed on the parcel exercising development rights and all
subdivided lots to prohibit additional subdivision unless is conforms to applicable
zoning district requirements.
8. Each lot is capable of accommodating a private well and septic system.
2
9. The provisions of Section 11-4-2.F of [the Zoning Ordinance] are considered and
satisfactorily met.
The proposed lot is to be located at the northwest corner of the subject site. A previously subdivided lot
is located 150 feet to the south of the proposed lot. The distance between the proposed lot and the
previously subdivided lot is sufficient to allow for a future subdivision of an additional lot in between
thus clustering the rural residential dwellings allowed within the existing parent parcel. The
configuration of the proposed 2.5 acre lot at the northwest corner of the property clustered with
previous and potentially subdivided lots complies with the criteria established by the Zoning Ordinance.
Setbacks. The table below illustrates the required setbacks applicable to the subject site and the
proposed lot to be subdivided. The proposed lot has adequate area within the required setbacks to
allow for construction of a single family dwelling.
A-2 District Minimum Setbacks
Macallister Ave
Side
Rear
From
Centerline
From
ROW
65ft.
35ft.
10 ft.
50 ft.
Access. The proposed lot is to be 222 feet in width fronting Macallister Avenue. Macallister Avenue is
a designated as a local street by the 2012 Comprehensive Plan. Access to the proposed lot from
MacAllister Avenue is allowed by Section 11-21-6 of the Zoning Ordinance. As MacAllister Avenue is a
gravel roadway, the driveway accessing the proposed lot is not required to be paved with asphalt or
concrete in accordance with Section 11-21-7.C.1 of the Zoning Ordinance.
Easements. Section 11-8-10.A of the Subdivision Ordinance requires 10 foot wide drainage and utility
easements at the perimeter of the proposed lot. The required drainage and utility easements will be
required to be shown on a revised survey to be submitted to subdivide the lot administratively. All
easements are subject to review and approval by the City Engineer.
Park and Trail Dedication. The subdivision of the existing parcel creating one new lot requires
dedication of land or a cash fee in lieu of land for park and trail dedication in accordance with Section
11-8-15 of the Subdivision Ordinance. City staff recommends that the applicant pay a cash fee in lieu of
land of $1,968 for the additional lot created by the administrative subdivision satisfying park and trail
dedication requirements due with this application.
Utilities. The proposed lot will be served by individual on-site septic and well utilities. The applicant
must identify primary and secondary drain field sites and septic tank locations with the application at
the time a building permit is applied for. The suitability of the lot to accommodate on site utilities is
subject to review and approval by the Building Official.
Criteria. Consideration of the requested Zoning Map amendment and conditional use permit
applications is to be based upon, but not limited to, the criteria outlined in Section 11-4-2.F of the
Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the official City
Comprehensive Plan.
Comment: The Comprehensive Plan guides the site for interim rural land uses until sanitary
sewer and water utilities are available. The requestsed conditional use permit will allow for a
subdivision of one rural single family lot, which is within the 6 development rights that remain
with the existing parcel. The requested conditional use permit is is consistent with the interim
land use plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: Surrounding land uses currently consist of cultivated fields and large lot, rural single
family uses. The surrounding area is also guided for rural land uses until such time as urban
services are available. As such, the proposed subdivision will be compatible with the existing and
planned land uses surrounding the subject site.
The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Comment: The proposed subdivision will conform to all requirements of the Zoning Ordinance,
Subdivision Ordinance, and Engineering Manual.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving the
property.
Comment: The proposed subdivision is not anticipated to generate additional traffic that that
would exceed the current capacity of Macallister Avenue that will access the proposed lot.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Comment: As a rural residential use consistent with the allowed density of the 2012
Comprehensive Plan, the proposed subdivision can be accommodated by the City's existing
service capacity.
RECOMMENDATION
City staff recommends approval of the requested conditional use permit to allow subdivision of a lot
with an area of less than 20 acres within an A-2 District as outlined below.
POSSIBLE ACTIONS
A. Motion to approve a conditional use permit allowing administrative subdivision of a lot with an
area less than 20 acres within the A-2 District, subject to the following conditions:
1. The application for administrative subdivision shall be submitted and processed in
accordance with Section 2 of the Subdivision Ordinance.
2. The proposed 2.5 acre parcel shall be deed restricted to prohibit further subdivision
until such time as rezoned to allow for development with sewer and water utilities.
4
The remaining 84.09 acre parcel shall be deed restricted to not more than 5
development rights, one of which shall include the existing single family dwelling.
4. The subdivided lot shall provide for dedication of drainage and utility easements as
required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval
of the City Engineer.
5. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication
requirements applicable to the administrative subdivision application.
6. The ability of the proposed lot to accommodate on-site septic and well utilities shall be
subject to review and approval by the Building Official.
B. Motion to deny the application based on a Comment that the request is inconsistent with the
Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tam! Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Joseph Barthel, applicant
5
Barthel/Praught CUP - Site Location Map
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APPLICANT: Joseph Barthel
2 Apr 19
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Consideration of a conditional use permit to allow subdivision of a lot with less than
20 acres within the A-2 District.
CITY COUNCIL MEETING: 8 April 2019.
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The subject site is guided by the Comprehensive Plan for future industrial uses within the
Urban Service Expansion Area.
C. The subject site is zoned A-2, Agriculture Long Range Urban Service District.
D. The applicant is requesting approval of an administrative subdivision to allow subdivision of a
lot with less than 20 acres. Lots less than 20 acres are allowed within the A-2, Agriculture
Long Range Urban Service District by approval of a conditional use permit subject to Section
20-52-5.1-1 of the Zoning Ordinance.
E. Consideration of the application is to be based upon (but not limited to) the criteria set forth
by Section 20-4-21 of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan guides the site for interim rural land uses until
sanitary sewer and water utilities are available. The requestsed conditional use
permit will allow for a subdivision of one rural single family lot, which is within the 6
development rights that remain with the existing parcel. The requested conditional
use permit is is consistent with the interim land use plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: Surrounding land uses currently consist of cultivated fields and large lot,
rural single family uses. The surrounding area is also guided for rural land uses until
such time as urban services are available. As such, the proposed subdivision will be
compatible with the existing and planned land uses surrounding the subject site.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed subdivision will conform to all requirements of the Zoning
Ordinance, Subdivision Ordinance, and Engineering Manual.
1
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
Flnding: The proposed subdivision is not anticipated to generate additional traffic that
that would exceed the current capacity of Macallister Avenue that will access the
proposed lot.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
F/nding: As a rural residential use consistent with the allowed density of the 2012
Comprehensive Plan, the proposed subdivision can be accommodated by the City's
existing service capacity.
F. The Planning Report dated 19 March 2019 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 1
April 2019 to consider the application, preceded by published and mailed notice; upon review
of the application, and other evidence, the public hearing was closed and the Planning
Commission recommended by a 6-0 vote that the City Council approve the request based
on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the conditional use
permit is hereby APPROVED, subject to the following conditions:
The application for administrative subdivision shall be submitted and processed in
accordance with Section 2 of the Subdivision Ordinance.
2. The proposed 2.5 acre parcel shall be deed restricted to prohibit further subdivision until
such time as rezoned to allow for development with sewer and water utilities.
3. The remaining 84.09 acre parcel shall be deed restricted to not more than 5 development
rights, one of which shall include the existing single family dwelling.
4. The subdivided lot shall provide for dedication of drainage and utility easements as required
by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City
Engineer.
5. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication
requirements applicable to the administrative subdivision application.
6. The ability of the proposed lot to accommodate on-site septic and well utilities shall be
subject to review and approval by the Building Official.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
K
Attest:
ADOPTED by the City Council of the City of Otsego this 8th day of April, 2019.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor