ITEM 3.5 CUP Well #9O
OtSeTYgoF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
12 November 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.5 — Well #9
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
parcel of land for Well #9.
Is a strong organization that is committed to leading the community through innovative
communication.
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Has proactively expanded infrastructure to responsibly provide core services.
Held by Planning Commission on 4 November 2019
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The City of Otsego maintains Well #9 within the Otsego Elementary property owned by ISD 728 as part of
Is a social community with diverse housing, service options, and employment opportunities.
for service to Otsego Elementary. The City is proposing to improve this well to expand capacity within the
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 for administrative subdivision of a
parcel of land for Well #9.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission on 4 November 2019
BACKGROUN D/JUSTI FICATION:
The City of Otsego maintains Well #9 within the Otsego Elementary property owned by ISD 728 as part of
the municipal water system within the East Sewer District. The well was originally developed by ISD 728
for service to Otsego Elementary. The City is proposing to improve this well to expand capacity within the
East Sewer District to meet current and forecasted demand. As part of the expansion, the City is proposing
to acquire a parcel of land encompassing the well from ISD 728. The Otsego Elementary property is zoned
INS, Institutional District. The proposed parcel to be acquired by the City is less than the minimum area
and width required within the INS District. Section 11-32-5.13 of the Zoning Ordinance allows for
establishment of lots with less than the zoning district minimum for essential service uses.
A public hearing to consider a conditional use permit to allow the proposed lot was held by the Planning
Commission on 4 November 2019. Mr. George Sebek had questions regarding the proposed design and
location for the well improvement. He was referred to contact the City Engineer. The Planning
Commission had no questions or comments. The public hearing was closed and the Planning Commission
voted 5-0 to recommend approval of the conditional use permit.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 30 October 2019
■ Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit for the City of Otsego related to the lot area for Well #9 in
accordance with Section 11-32-5.13 of the Zoning Ordinance subject to the conditions stated in the Findings
of Fact and Decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 30 October 2019
RE: Otsego — Utilities; Well #1
TPC FILE: 101.01
BACKGROUND
The City of Otsego maintains Well #1 within the Otsego Elementary property owned by ISD 728
as part of the municipal water system within the East Sewer District. The well was originally
developed by ISD 728 for service to Otsego Elementary. The City is proposing to improve this
well to expand capacity within the East Sewer District to meet current and forecast demand. As
part of the expansion, the City is proposing to acquire a parcel of land encompassing the well
from ISD 728. The Otsego Elementary property is zoned INS, Institutional District. The
proposed parcel to be acquired by the City is less than the minimum area and width required
within the INS District. Section 11-32-5.13 of the Zoning Ordinance allows for establishment of
lots with less than the zoning district minimum for essential service uses. A public hearing to
consider a conditional use permit to allow the proposed lot is to be held by the Planning
Commission on 4 November 2019.
Exhibits:
Site Location Map
Site Plan
ANALYSIS
Use. The well was originally constructed to provide service to Otsego Elementary before the
City had established a municipal water utility. The City later acquired the well from ISD 728
with an easement for access to the facility. Well facilities are allowed as a conditional use
within the INS District. The original construction of the well did not require a condition use
permit as it was accessory to Otsego Elementary. Section 11-6-1 of the Zoning Ordinance
provides that the existing well is considered to have an approved conditional use permit. The
improvement of the existing well is not deemed to require a conditional use permit
amendment as the intensity of the above ground activity will not change as a result of the
project meeting the criteria set forth in Section 11-4-4 of the Zoning Ordinance.
Lot Requirements. Section 11-90-7.A.1 of the Zoning Ordinance requires uses within the INS
District to have a minimum lot area of 5 acres unless reduced by conditional use permit. There
is no minimum lot width requirement within the INS District. The proposed well parcel is to be
0.476 acres in area. The area of the proposed parcel is sufficient to accommodate the
proposed well, above ground well head, and electrical box with a 55 foot setback from side and
rear lot lines as required by the Minnesota Department of Health. The structures are setback
105 feet from the CSAH 42 right-of-way line. The location of the planned structures comply the
setback requirements of the INS District established by Section 11-90-7.13.2 of the Zoning
Ordinance.
Access. The existing well is accessed via a driveway directly from River Road (CSAH 42). This
access is to continue to be maintained for access to the improved well facility. There is an area
from the driveway for off-street parking of service vehicles. Section 11-21-7.C.1 of the Zoning
Ordinance requires this access to be surfaced with materials suitable to control dust and
drainage and Section 11-21-7.1) of the Zoning Ordinance exempts the use from providing
concrete curb. Section 11-21-6.E of the Zoning Ordinance requires the proposed access to be
setback a minimum of 5 feet from the side property line.
Subdivision. The proposed subdivision of the well parcel from the Otsego Elementary property
is to be processed as an administrative subdivision in accordance with Section 10-4-4 of the
Subdivision Ordinance. Administrative subdivisions are subject to review and approval of the
Zoning Administrator.
RECOMMENDATION
Our office recommends approval subject to the conditions outlined below.
POSSIBLE ACTIONS
A. Motion to recommend approval of a conditional use permit to allow for subdivision of a
lot within the INS District for Otsego Municipal Well #1 subject to the following
conditions:
1. Administrative subdivisions of the proposed lot shall be subject to review and
approval of the Zoning Administrator in accordance with Section 10-4-4 of the
Subdivision Ordinance.
2. Access location to the proposed lot shall comply with the provisions of Section
11-21-6 of the Zoning Ordinance.
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3. Off-street parking areas shall comply with Section 11-21-7 of the Zoning
Ordinance.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
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APPLICANT: City of Otsego
5Nov 19
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for conditional use permit to allow a lot with less than the zoning district
minimum for an essential service use.
CITY COUNCIL MEETING: 12 November 2019
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the East Sewer District and is guided for Institutional uses by the
2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned INS, Institutional District; the existing and proposed municipal well is
allowed as a conditional use.
D. The City is proposing to acquire a 0.476 acre parcel to encompass the existing and proposed
well; Lots within the INS District are required to have a minimum area of 5.0 acres by
Section 11-90-7.A.1 of the Zoning Ordinance; Section 11-32-5.13 of the Zoning Ordinance
allows for establishment of lots with less than the zoning district minimum for essential
service uses.
E. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment 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
Otsego Comprehensive Plan.
Finding: A goal of the 2012 Comprehensive Plan is that Costs incurred for the
provision of all municipal utilities and services shall be financed by those who receive
such service. This is implemented through the policy of reducing the risk of payment
for the provision of the utility system by non-users through utility phasing, the
identification of potential water revenue sources, establishment of realistic growth
expectations, and adoption of a Capital Improvement Plan. The planned
improvement of Well #9 is consistent with the 2019-2023 Capital Improvement Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by property owned by ISD 728 as an
elementary school. The improvement of the existing well will not affect surrounding
properties.
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 preliminary subdivision and improvement of the
municipal well will comply with the applicable requirements of the Zoning Ordinance,
Subdivision Ordinance, and City Code.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The subject site is will not generate any additional traffic beyond
current service trips.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The subject site is located within the East Sewer District. The City has
planned for development of this improved well to provide service capacity in
accordance with the Comprehensive Plan.
F. The planning report dated 30 October 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 4
November 2019 to consider the application, preceded by published and mailed notice; based
upon review of the application and evidence received, the public hearing was closed and the
Planning Commission recommended by a 5-0 vote that the City Council approve the request
based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is
hereby APPROVED, subject to the following conditions:
Administrative subdivisions of the proposed lot shall be subject to review and approval of the
Zoning Administrator in accordance with Section 10-4-4 of the Subdivision Ordinance.
2. Access location to the proposed lot shall comply with the provisions of Section 11-21-6 of the
Zoning Ordinance.
3. Off-street parking areas shall comply with Section 11-21-7 of the Zoning Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 12th day of November, 2019.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk