Item 3.3 - ReiblingTPC
The Planning Company
PLANNING REPORT
TO:
FROM:
RE:
REPORT DATE
60 DAY DATE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
Otsego — Reibling; A-2 District Lot Area CUP
3 May 2021
20 June 2021
101.02
ITEM 3_3
Ronald and Ronda Reibling own a 33.39 acre parcel at the southwest corner of 70th Street
(CSAH 38) and Odean Avenue. There are currently no homes on the property. The property
owner is proposing to subdivide one single family lot at the northeast corner of the parcel.
The proposed subdivision is to be processed administratively, but requires prior approval of a
conditional use permit allowing a lot in the A-2 District with an area less than 20 acres. A public
hearing has been noticed for the Planning Commission meeting on 17 May 2021
Exhibits:
■ Site Location
■ Certificate of Survey
ANALYSIS
Zoning. The subject site is zoned A-2 District, which allows development density at one
dwelling unit per 10 acres. The subject site is allowed up to 2 lots subject to applicable
minimum lot requirements of the A-2 District after one lot was subdivided from the property in
2019. The proposed subdivision is consistent with the provision of the Comprehensive Plan.
1
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and
minimum width of 450 feet. Section 11-52-5.1-1 of the Zoning Ordinance allows for the creation
of lots less than 20 acres in area within the A-2 District by conditional use permit based on
compliance with the following criteria:
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 20-
52-6.0 of this Chapter.
C. One (1) development right as allowed by Section 11-52-6.B 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.
7. 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 this Chapter are considered and
satisfactorily met.
The applicant is proposing to subdivide a 3.17 acre acre lot at the northeast corner of the
subject site with the other allowed development entitlement remaining with the balance of the
property. The proposed lot is within the maximum area allowed in accordance with the Zoning
Ordinance as the lot is 2.5 acres in area not including right-of-way easement for Odean Avenue.
The proposed lot is to be located at a property corner to allow for future subdivision of the
balance of the property.
Access. The subject site has frontage to 70th Street (CSAH 38) and Odean Avenue, which is
designated as a minor arterial roadway by the 2012 Comprehensive Plan. No new direct
accesses are to be allowed to 70th Street (CSAH 38) and the proposed lot is to be accessed from
Odean Avenue, which is designated as a local street by the Comprehensive Plan. The property
owner dedicated an easement over the existing roadway with the administrative subdivision
approved in 2019.
Setbacks. The table below illustrates the required setbacks applicable to the subject site and
the proposed lot to be subdivided as outlined in Section 11-52-6.0 of the Zoning Ordinance.
There is adequate area within the proposed lot resulting from the subdivision to accommodate
a single family dwelling.
Minimum Setbacks
CSAH 38
Odean
Side
Rear
Ave.
65ft.
35 ft.
10 ft.
50 ft.
Easements. Section 10-8-12 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 the survey to subdivide the lot administratively and
are subject to review and approval by the City Engineer.
Utilities. The proposed lot resulting from the subdivision 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 for the administrative subdivision. The suitability of
the lots to accommodate on site utilities is subject to review and approval by the Building
Official.
Park and Trail Dedication. The subdivision of the subject site to create an additional lot triggers
dedication requirements for land or a cash fee in lieu of land for park and trail system
improvements. City staff recommends that the applicant pay a cash fee in lieu of land for the
additional lot created by the proposed subdivision to satisfy park and trail dedication
requirements due with this application.
Criteria. Consideration of the requested conditional use permit application for a lot less than
20 acres within the A-2 District is to be based upon, but not limited to, the criteria outlined in
Section 11-4-2.F of the Zoning Ordinance:
1. 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 sewer
and water utilities are available. The proposed conditional use permit allows for a
subdivision of a rural single family lot at a density consistent with the interim land use
plan. The proposed conditional use permit is consistent with the policies of the
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: Surrounding land uses currently consist of rural single family uses and
cultivated fields planned to continue as such until urban services are available. The
proposed subdivision of a rural single family lot 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.
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 use will not generate traffic that will exceed the capacities of
Odean Avenue and other streets serving the property.
5. The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Comment: The proposed subdivision can be accommodated by the City's existing service
capacity.
RECOMMENDATION
City staff recommends approval of the requested conditional use permit as outlined below.
11
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 4 of the Subdivision Ordinance.
2. The maximum area of the lot proposed to be subdivided shall be 2.5 net acres
with a minimum width of 150 feet and shall comply with all other applicable lot
and setback requirements of the A-2 District.
3. The parcels shall be deed restricted to limit further subdivision in accordance
with the density limits of the A-2 District.
4. The proposed lot to be subdivided shall provide 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 ability of the proposed lot to accommodate on-site septic and well utilities
shall be subject to review and approval by the City Engineer.
6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision application.
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
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Location Map
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
❑ C
❑ t
ED] Parcels
or-
SOLID
ES
MINOR SUBDIVISION --of-67077 O'DEAN AVVENUEIN E.
OTSEGO, MINNESOTA 55330
PROPERTY DESCRIPTION
The Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota, Except the three following parte
1. Beginning at the northwest corner of the said Northeast Quarter of the Northwest Quarter; thence East along the north line of said Northeast Quarter of the Northwest Quarter, a
distance of 200 feet, thence South parallel with the West line of said Northeast Quarter of the Northwest Quarter, 544.50 feet; thence West parallel with the North line of said
Northeast Quarter of the Northwest Quarter, a distance of 200.00 feet, more or less, to the West line of said Northeast Quarter of the Northwest Quarter, thence North along said West
line, a distance of 544.50 feet, more or less, to the point of beginning.
2. Parcel B of Wright County Highway Right of Way Plat No. 29.
3. That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota described as commencing at the southwest comer of
said Northeast Quarter of Northwest Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of said Northeast Quarter of the
Northwest Quarter a distance of 564.68 feet to the point of beginning of land to be described; thence North 0 degrees 53 minutes 50 seconds East 247.10 feet; thence North 89
Q P 9 9 9
degrees 17 minutes 41 seconds East 371.48 feet,• thence South 42 degrees 47 minutes 10 seconds East 216.07 feet to the centerline of Odeon Avenue Northeast' thence
southwesterly along said centerline to the south line of said Northeast Quarter of the Northwest Quarter; thence westerly along said south line to the point of beginning, Except the
Southeasterly 30 feet thereof.
PROPOSED PARCEL A DESCRIPTION
The Northeast Quarter of the Northwest Quarter of Section 33 Township 121 Range 23 Wright County, Minnesota Except the four following Parcels:
1. Beginning at the northwest corner of the said Northeast Quarter of the Northwest Quarter; thence East along the north line of said Northeast Quarter of the Northwest Quarter, a
distance of 200 feet, thence South parallel with the West line of said Northeast Quarter of the Northwest Quarter, 544.50 feet; thence West parallel with the North line of said
Northeast Quarter of the Northwest Quarter, a distance of 200.00 feet, more or less, to the West line of said Northeast Quarter of the Northwest Quarter, thence North along said West
line, a distance of 544.50 feet, more or less, to the point of beginning.
2. Parcel B of Wright County Highway Right of Way Plat No. 29.
3. That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota described as commencing at the southwest corner of
said Northeast Quarter of Northwest Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of said Northeast Quarter of the
Northwest Quarter a distance of 564.68 feet to the point of beginning of land to be described; thence North 0 degrees 53 minutes 50 seconds East 247.10 feet; thence North 89
degrees 17 minutes 41 seconds East 371.48 feet; thence South 42 degrees 47 minutes 10 seconds East 216.07 feet to the centedine of Ode,an Avenue Northeast; thence
southwesterly along said centerline to the south line of said Northeast Quarter of the Northwest Quarter; thence westerly along said south line to the point of beginning, Except the
Southeasterly 30 feet thereof.
4. That part of the East 340.81 feet of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota, which lies northerly of the
following described line:
Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 53 minutes 50 seconds West, along the east line of said
Northeast Quarter of the Northwest Quarter, a distance of 464.09 feet to the point of beginning of the line to be described; thence South 89 degrees 52 minutes 57 seconds West
a distance of 340.86 feet to the west line of said East 340.81 feet of the Northeast Quarter of the Northwest Quarter and said line there terminating.
PROPOSED PARCEL B DESCRIPTION
................
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LEGEND
That part of the East 340.81 feet of the Northeast Quarter of the Northwest
•
DENOTES IRON MONUMENT FOUND AS LABELED
Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota, which
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DENOTES IRON MONUMENT SET, MARKED RLS# 41578
lies southerly of Parcel B of Wright County Highway Right of Way Plat No. 29. and
- Address of the surveyed premises: 6777 Odean Avenue N.E., Otsego, Minnesota 55330
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DENOTES WRIGHT COUNTY CAST IRON MONUMENT
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Northwest Quarter; thence South 00 degrees 53 minutes 50 seconds West,
along the east line of said Northeast Quarter of the Northwest Quarter, a
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DENOTES EXISTING STORM SEWER
distance of 464.09 feet to the point of beginning of the line to be^"-"'""•-•--""
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Northeast Quarter of the Northwest Quarter and said line there
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DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER WRIGHT COUNTY TAX INFORMATION)
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- Address of the surveyed premises: 6777 Odean Avenue N.E., Otsego, Minnesota 55330
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VICINITY MAP GENERAL NOTES
Fee ownership Is vested In Ron and Rhonda Relbling.
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OF SEC. 33, TWP. 126 RNC'. 23
- Parcel ID Number: 118-500-332100
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- Address of the surveyed premises: 6777 Odean Avenue N.E., Otsego, Minnesota 55330
- Boundary area of the surveyed premises: 33.39 Acres
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- Field survey was completed by E.G. Rud and Sons, Inc. on 08/08/2019.
- - Bearings shown are on Wright County Coordinate System. (NAD83-1986 Adjustment)
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- This survey was prepared based upon Title Commitment File No. 1806 -1022 -BF prepared by
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Old Republic National Title Insurance Company, dated June 1, 2019.
- Contours shown are from MNGeo Ud.r topography and supplemented by field data.
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WRIGHT COUNTY, MINNESOTA
(NO SCALE)
EST -1971 Professional Land Surveyors
www.egrud.com 6776 Lake Drive NE Suite 110
Lino Lakes, MN 55614
Tel. (651) 361-8200 Fax (651) 361-8701
1. A zoning endorsement letter was not furnished to the surveyor. A search of the City of Otsego web site Indicates that the
surveyed premises shown on this survey is currently zoned A-1(Agricultum-Rural Service Area). Under the applicable zoning
regulations, the current setbacks are:
Building:
Front = 65 feet from C.S.A.H. No. 38 Right of Way line.
35 feet form Township Road Right of Way line.
Side = 10 feet
Rear = 50 feet
For additional Information contact the Planning and Zoning Department of City of Otsego at (763) 441-4414.
2. The surveyed premises has access to C.S.A.H. No. 38 and Odean Avenue NE, a public street.
3. Location of utilities existing on or serving the surveyed property determined by:
Observed evidence collected pursuant to Section S.E.iv.
Record drawings provided by the City of Otsego's Public Works department.
Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of
underground utilities and/or structures may vary from locations shown hereon and additional underground utilities and/or
structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility
type and field location, prior to excavation.
4. Subsurface and environmental conditions were not examined or considered during the process of this survey. No statement Is
made concerning the existence of underground or overhead containers or facilities that may affect the use or development of the
surveyed premises.
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NO. 1806 -1022 -BF,
REVISION DATE JUNE 14, 2018 SCHEDULE B -I SURVEY RELATED EXCEPTIONS:
7. All Easements, including those for utility and drainage purposes, if any, as shown in the public records.
Note: A drainage and utility easement attached as Exhibit to the Purchase Agreement purportedly exists over the southerly portion of the property
8. Roadways as shown on available maps and plats, including Otsego Township Road Plat Map filed as Document No. 404209. See plat drawing for dimension and location.
9. Highway Easement, and the terms and conditions thereof, filed May 31, 1995, as Document No. 571721.
30. Resolution No. 96-24 for the Vacation of a portion of O'Dean Ave. NE, and the terms and conditions thereof, per document fled November 1, 1996 as Document No. 606025.
11. City of Otsego Zoning Subdivision Request, and the terms and conditions thereof, filed May 11, 1999, as Document No. 677875.
12. Mineral Rights in favor of Agribank, FCB, successor In interest to The Federal land Bank of St. Paul reserved in deed dated August 6, 1941 to Otto S. Beier and Laura M. Beler. Transfer of Mineral
Rights to DeSoto Associates via Quit Claim Mineral Deed filed May 14, 2008, as Document No. 1088183.
13. Highway Easement in favor of Wright County for Parcel it of Wright County Highway Right of Way Plat No. 72, per document filed February 7, 2018, as Document No. 1363668.
14. A portion of the property contains wetlands, which may be subject to federal, state, or low[ regulation, and the rights to use or improve these wetlands is excepted herein.
NE601INER OF
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MI/4 OF SEC.33,
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-- MOST SOUTHERLY LINE OF
` WRIGHT CO. R/W PIAT NO. 72
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EDGE OF ]URISDICTIONAL
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lOF SEC.33, T.121, R.23.
BENCHMARK
MNDOT 39 ES(NAD83-1996 ADJUSTMENT)
ELEVATION = 950.99 (N.A.V.D.1988)
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that I am a
duly Registered Land Surveyor under
the laws of the State of Minnesota.
JASON E. UD
Date: 04-30-2021 License No. 41578