ITEM 2.3TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 30 July 2014
ACTION DATE: 14 September 2014
RE: Otsego — Zoning Ordinance; Feedlot Setback
TPC FILE: 101.02
BACKGROUND
ITEM 2.3
BL Holdings, Inc. has submitted an application to amend the Zoning Ordinance to
repeal Section 20-27-9 of the Zoning Ordinance that prohibits construction of a new
residential dwelling within 1,000 feet of a feedlot registered with the City in accordance
with Section 20-27-2.13 of the Zoning Ordinance. The application is made on behalf of
OHW, LLC, which owns Outlots E, F, G, H, Arbor Creek 3rd Addition and Outlots A and
B, Arbor Creek 4th Addition. These parcels were final platted as outlots as they are
within 1,000 feet of a registered feedlot located north of 80th Street. The applicant is
seeking approval of the proposed Zoning Ordinance amendment to allow for the outlots
to be final platted as buildable lots and developed with single family dwellings. A
public hearing has been noticed in accordance with Section 20-3-2.0 of the Zoning
Ordinance for the Planning Commission meeting on 4 August 2014 at 7:OOPM to
consider the application.
Exhibits.-
A.
xhibits:A. Applicant's letter dated July 15, 2014 and maps (3 pages)
B. Arbor Creek 3rd Addition Preliminary Plat (2 sheet)
ANALYSIS
Comprehensive Plan. Provisions were incorporated as part of the 1998
Comprehensive Plan to address continued viability of existing agricultural uses within
the City, while providing for managed expansion of development served by sanitary
sewer and water utilities. These provisions were carried forward as part of
Comprehensive Plan updates in 2002, 2004 and 2012, which currently states:
"An issue related to maintaining viable agricultural uses in the
community is allowing existing farm operations that qualify as an
animal feedlot to continue operating with limited expansion
opportunities. The 1998 Comprehensive Plan outlined a strategy
for the continued use and limited expansion of existing animal
feedlots in the rural service area. The key elements of this strategy
were registration of then -existing animal feedlots, establishment of
reciprocal buffer zones, and limited expansion opportunities. The
City amended its Zoning Ordinance to allow for a continuation of
agricultural feedlots consistent with the Comprehensive Plan and
these policies are to be continued for the remaining eight
agricultural uses qualifying as feedlots under the City's definition
that were identified in the existing land use survey of the City."
Zoning Ordinance. The applicant is requesting repeal of Section 20-27-9 of the
Zoning Ordinance adopted on 22 March 1999 based on the policies established by the
1998 Comprehensive Plan -
20 -27-9: NEW DWELLING SETBACKS: No building permit
shall be issued for a new dwelling unit within one thousand
(1, 000) feet of an existing feedlot that is registered under the
provisions of Section 20-27-2.8, which also qualifies as a
farm as defined by Section 20-2-2 of this Chapter. This
provision shall not apply to dwellings constructed as a
principal residence on the same parcel and under the
ownership of the owner/operator of the registered feedlot.
The applicant is not proposing to amend the provisions in Section 20-27-4 of the Zoning
Ordinance allowing registered feedlots to expand the number of farm animal units at the
facility or Section 20-27-5 of the Zoning Ordinance allowing registered feedlots to
expand existing buildings or construct new buildings to house farm animals. It should
be noted that Section 20-27-5.A.2 of the Zoning Ordinance requires approval of a
conditional use permit for expansion of an existing building or construction of a new
building to house farm animals that is within 1,000 feet of an existing residential dwelling
(other than that owned by the feedlot operator).
N
Arbor Creek. The City Council approved the preliminary plat for Arbor Creek on 10
March 2003. A second preliminary plat for Arbor Creek 4th Addition was later approved
on 20 October 2005. There were areas of the initial Arbor Creek preliminary plat and
the entire preliminary plat of Arbor Creek 4th Addition within 1,000 feet of two feedlots
registered in accordance with Section 20-27-2.13 of the Zoning Ordinance located north
of 80th Street. The westerly feedlot voluntarily terminated their registration prior to final
plat approval of Arbor Creek allowing buildable lots to be established and single family
dwellings constructed within 1,000 feet of that facility. The east feedlot, owned by
Berning Family Dairy Inc., has maintained its registration and the portions of Arbor
Creek 3rd Addition and Arbor Creek 4th Addition within the 1,000 foot setback distance
from the closest animal building were final platted as outlots. Notwithstanding the
setback required by Section 20-27-9 of the Zoning Ordinance, these outlots would be
able to be final platted into 49 single family lots.
Other Feedlots. Eight farms that would be defined as animal feedlots by the Zoning
Ordinance were identified as part of existing land use inventory for the 2012
Comprehensive Plan update. Of these, three are registered feedlots in accordance with
Section 20-27-2.13 of the Zoning Ordinance. These include the Berning Family Dairy,
Inc., the Anderson farm located north of 95th Street (CSAH 39) at Nantucket Avenue
and the Floyd Goennerr farm located on Nashua Avenue between 77th Street and 83rd
Street. The Berning Family Dairy Inc. farm is the only feedlot within 1,000 feet of either
the east or west sewer district. The Anderson farm abuts the Davis Mississippi Cove
rural residential open space cluster development, but all of the lots within that
subdivision were platted outside of the 1,000 foot setback.
W-WWTF. The applicant has included information showing that there are 107 homes
constructed within 1,000 feet of the City's West Waste Water Treatment Facility within
the Arbor Creek, Pleasant Creek Farms and SunRay Farms subdivisions as well as a
City park. The East WWTF is also adjacent to single family residential neighborhoods.
No setback was established as part of the Zoning Ordinance requiring separation of
new dwelling units from a City WWTF, although many of the same compatibility issues
associated with the proximity of a feedlot and residential uses would apply to the
WWTFs.
Criteria. Consideration of the requested Zoning Ordinance amendment is to be based
upon, but not limited to, the criteria outlined in Section 20-3-2.F of the Zoning
Ordinance.-
The
rdinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment: The Comprehensive Plan establishes the goal that: "Rural character
and existing operating farms and agricultural activities within the rural service
area shall be maintained as an interim land use in recognition of the City's
established growth management goals." The 1,000 foot setback required by
Section 20-27-9 of the Zoning Ordinance was established as a means to
3
achieve this goal by maintaining physical separation between existing feedlot
operations and new residential dwelling units to protect land use compatibility.
Repeal of Section 20-27-9 of the Zoning Ordinance requires the Planning
Commission and City Council to make a determination that the 1, 000 foot
setback is not necessary to maintain the viability of the three remaining
registered feedlots or to maintain land use compatibility.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The feedlot from which the 1, 000 foot setback effects the
applicant's properties is guided by the Comprehensive Plan for future low density
residential uses within Urban Service Expansion Area W2. Amendment of the
existing West Sewer District to include all or portions of Urban Service Expansion
Area W1 would likely require expansion of the West Waste Water Treatment
Facility, which is a process that would take up to three years from the date of
initial approval to study the feasibility of the project. As such, the feedlot
operation may be expected to be allowed to continue for the foreseeable future
and expansion of the operation in accordance with Section 20-27-4 and/or 20-27-
5 of the Zoning Ordinance remain a possibility.
3. The proposed use's conformity with all performance standards contained within
the Zoning Ordinance and other provisions of the City Code.
Comment: The subject outlots cannot be final platted into buildable lots and
have single family dwellings constructed upon them unless Section 20-27-2.8 of
the Zoning Ordinance is repealed.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment: The proposed Zoning Ordinance amendment will not affect traffic
generation, which would be considered as a subdivision related issue under the
requirements of the Subdivision Ordinance.
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 Zoning Ordinance amendment will not affect public
facilities. Maintaining land use compatibility related to public services is a
function of zoning administration and code enforcement activities. The proposed
Zoning Ordinance amendment may result in additional questions or concerns
related to feedlot operations that require City staff to respond. Our office does
not have record of or recall any complaints related to the existing registered
feedlot operations. Development of the lots would result in elimination of code
enforcement actions related to grass and weed control has been required
annually.
M
RECOMMENDATION
The Planning Commission must consider if the requested Zoning Ordinance
amendment that would allow for construction of 49 single family dwellings within 1,000
feet of an existing feedlot compromises land use compatibility policies established by
the Comprehensive Plan and the intent of the feedlot regulations adopted in 1999 based
on these policies.
POSSIBLE MOTIONS
A. Motion to recommend City Council approval of a Zoning Ordinance amendment
repealing Section 20-27-9 of the Zoning Ordinance.
B. Motion to recommend the City Council deny the application based on a finding
that the request is inconsistent with the Comprehensive Plan.
C. Motion to table.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Larry Olson, BL Holdings, LLC
Tom Berning, Berning Family Dairy, Inc.
5
BL HOLDINGS, LLC
13519 Apollo St.
Lino Lakes, MN, 55014
Ph. (763) 228-2222 (Baleen)
(612) 964-4524 (Larry)
July 15, 2014
City Council Members:
Otsego City Ordinance 20-27-2.13 prohibits the building of single family homes within 1000 feet of a feedlot. It has come to my
attention that there are 37 single family lots in the Arbor Creek Addition that have been given preliminary plat approval but cannot be
fmal platted because of this ordinance.
I would appreciate it if you would take it under consideration to have this ordinance amended so that these lots be final platted and
released for building based on the following reasons.
1. These lots are in various stages of development, all are graded, some have utilities but no finished streets and some are
completely development ready to be built on.
2. It is taking City staff time dealing with vacant land that is not farmed and is not resided on by the owner.
3. City staff has not had any complaints of the feedlot from the 8 house that were located within the 1000 foot radius of the
feedlot when the ordinance was established.
4. A restrictive convenience could be placed on the deeds for these new lots that states they are located within 1000 feet of a
feedlot.
5. No additional restrictions would be placed on the feedlot.
6. The City sewer treatment facility has no building restrictions placed on the surrounding property. There are currently 107
homes within 1000 feet of this facility, see attached exhibit.
7. This ordinance prohibits existing land owners within the 1000 foot circle from being able to take advantage of higher land
values due to City sewer and water availability, they are locked into the value of acreage lots in an urban district and cannot
even sell their land off as new acreage lots since no building permits can be issued within the 1000 foot ring.
I believe it would be in the best interest of City resources to allow the development of these lots to be completed, add to the City tax
base and not be left as a hard ship for all involved.
Sincerely,
eA
BL Holdings, LLC
Wright County, MNbe.-,.-
Date
n�._
Created: 4/1512014
Parcel ID 118800233200 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 23-121-24 Class 101 - AGRICULTURAL
Property Address 8420 KADLER AVE NE Acreage 96.71
OTSEGO
District n/a
Brief Tax Description Sect -23 Twp -121 Range -024 UNPLATTED LAND 0TSEG03 96.71 AC NW1/40F SW1/4&S1/20F SWI/4EX W56RDS2FT OF
S57RDS EX 5208.7FT OF E208.7FT OF SEI/40F SW1/4EX TR DES IN BK330-995 EX N160FT OF S190FT OF W350FT OF
NW1/4 OF SWI/4
(Note: Not to be used on legal documents)
Last Data Upload: 4/15/2014 7:56:41 AM
by
FEEDLOT �r r�dp
- Parcels in question
Wright County, MN
Obeacon T
M
Date Created: 4/15/2014
Parcel ID 118800233200 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 23-121-24 Class 101 - AGRICULTURAL
Property Address 8420 KADLER AVE NE Acreage 96.71
OTSEGO
District n/a
Brief Tax Description Sect -23 Twp -121 Range -024 UNPLATTED LAND OTSEGO3 96.71 AC NW1/4OF SW1/4&S1/2OF SWI/4EX W56RDS2FT OF
S57RDS EX 5208.7FT OF E208.7FT OF SEI/4OF SWI/4EX TR DES IN BK330-995 EX N160FT OF S190FT OF W350FT OF
NW1/4 OF SW1/4
(Note: Not to be used on legal documents)
Last Data Upload: 4/15/2014 7:56:41 AM
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