Item 3.4 Reibling CUP0
OtCI�eooF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
24 May 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.4 — Reibling CUP
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
lot with an area less than 20 acres within the A2 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.
Yes, Held by Planning Commission 17 May 2021.
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.
subdivide one single family lot at the northeast corner of the parcel. The proposed subdivision is to be
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 to allow for administrative subdivision of one
lot with an area less than 20 acres within the A2 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Yes, Held by Planning Commission 17 May 2021.
BACKGROUND/JUSTIFICATION:
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 was held at the Planning Commission meeting on 17 May 2021 to consider the application.
Mr. Ron Touchette was present on behalf of the applicants and had no comments. There were no public
comments. The public hearing was closed.
City staff noted that the area of the proposed lot has been increased to 3.07 net acres to allow for greater
separation between the driveway access to Odean and the Odean Avenue/70th Street (CSAH 38)
intersection. The conditions listed on the findings of fact and decision attached for City Council
consideration indicate this change to the applicant's request. The Planning Commission had no concerns
regarding the application. A motion to recommend approval of the application subject to the conditions as
recommended by City staff was approved by a 7-0 vote.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 3 May 2021
■ Findings of Fact and Decision
D(lc¢IF I G Mf1TIC1N
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit allowing a lot less than 20 acres in area within the A2 District
for Ronald and Ronda Reibling subject to the conditions stated in the Findings of Fact and Decision as
resented.
RI In(2GT IN1:0RMATI0N
FUNDING• BUDGETED:
N/A N/A
TPC
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:
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 20-
52-6.0 of this Chapter.
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.
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.
FNI
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:
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.
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.
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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.
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.
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
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APPLICANT: Ronald and Ronda Reibling
18 May 21
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Consideration of a conditional use permit to allow a lot less than 20 acres in area within the A2
District.
CITY COUNCIL MEETING: 24 May 2021
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 low density residential 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 11-52-5.1-1 of the Zoning
Ordinance.
Consideration of the application is to be based upon (but not limited to) the criteria set forth by 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.
Finding: 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.
The proposed use's compatibility with present and future land uses of the area.
Finding: 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.
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.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving the
property.
Finding: The proposed use will not generate traffic that will exceed the capacities of Odean
Avenue and other streets serving the property.
The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The proposed subdivision can be accommodated by the City's existing service
capacity.
The Planning Report dated 3 May 2021 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 17 May 2021
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
7-0 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 4 of the Subdivision Ordinance.
2. The maximum area of the lot proposed to be subdivided shall be 3.07 net acres 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.
The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements
applicable to the administrative subdivision application.
2
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 24" day of May, 2021.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Audra Etzel, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
The Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County,
Minnesota, Except the three 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 centerline of Odean 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