ITEM 4.2 Arlene Lindenfelser0
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 September 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.2 —Arlene Lindenfelser
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Zoning Map amendment and CUP allowing subdivision of one lot
less than 20 acres in area within an A-2 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Planning Commission held on 15 September 2014.
BACKGROUND/JUSTIFICATION:
The Planning Commission held a public hearing to consider the application of the Arlene Lindenfelser
Revocable Trust related subdivision of an existing single family dwelling from an 118 acre agricultural
parcel located west of Kadler Avenue, south of 85th Street. The application involves rezoning the
subject site from A-1 District to A-2 District and a CUP to allow a lot less than 20 acres in area within the
A-2 District for the purpose of allowing subdivision of one lot. Mr. Doug Lindenfelser and Mr. Leroy
Lindenfelser were present as the applicants.
There were no public comments. The Planning Commission also did not have any comments or any
discussion regarding the request. The public hearing was closed and the Planning Commission voted 5-
0 to recommend approval of the applications. Findings of fact consistent with the recommendation of
the Planning Commission have been prepared for consideration by the City Council at their meeting on
11 March 2013.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 11 September 2014
B. Zoning Map amendment Findings of Fact
C. Ordinance 2014-12 amending the Zoning Map
D. CUP Findings of Fact
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Ordinance 2014-12 rezoning property to A-2 District and approving a conditional use
permit for a lot less than 20 acres within an A-2 District subject to the conditions included on the
findings of fact as presented.
BUDGET INFORMATION
FUNDING: I BUDGETED: ❑ YES
NA
ACTION TAKEN
■ M1
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.E5840
Facsimile: 763.427.0520
TPCOPlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Arlene Lindenfelser; Zoning Map Amendment/CUP
REPORT DATE: 11 September 2014
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TPC FILE: 101.02
BACKGROUND
Trustees of the Arlene Lindenfelser Revocable Trust are seeking to divide the existing
single family dwelling from the balance of the 118.17 acre site used for agricultural
cultivation. The subject site is guided by the Comprehensive Plan for future low density
residential uses and is currently zoned A-1, Agriculture Rural Service District and is also
within the Shoreland Overlay District of a natural environment lake east of the property.
The property owner is requesting approval of a Zoning Map amendment rezoning to A-
2, Agriculture Long Range Urban Service District and a CUP allowing a lot in the A-2
District with an area less than 20 acres to allow for an administrative subdivision of one
lot.
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A. Site Location
ANALYSIS
Comprehensive Plan. The subject site is zoned A-1 District, which allows
development density at one dwelling unit per 40 acres and the minimum lot size for lots
established after October 2002 is 20 acres. The applicant is requesting a rezoning of
the subject site having an area of 118.17 acres to A-2 District. The A-2 District allows
for development at 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 established by the Comprehensive Plan.
A subdivision was approved on 14 April 1992 subdividing one lot from the subject site
but there are 11 entitlements remaining with the property under the current
Comprehensive Plan, including the existing single family dwelling.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres
and minimum width of 450 feet. S In order to maintain contiguous tracts of land for
future urban development, the A-2 District requires that subdivided lots conform either
to this minimum lot area of 20 acres or that all but one lot not exceed 2.5 acres in area
subject to approval of a conditional use permit. The applicant is proposing to subdivide
the existing single family dwelling onto a lot having an area of not more than 2.5 acres.
Section 20-52-5.H 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 20-52-6 of this Chapter
are complied with.
2. A concept plan utilizing all development rights allowed by Section
20-52-6.8 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.
et.
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. C of this Chapter.
C. One (1) development right as allowed by Section 20-52-6.8
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.
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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.
9. The provisions of Section 20-4-2.F of this Chapter are considered
and satisfactorily met.
The area of the developed yard surrounding the existing single family dwelling is
approximately one acre in acre, which would comply with both the minimum and
maximum lot area regulations in the A-2 District and there is adequate space to comply
with applicable setback requirements. A concept plan for utilization of the balance of
the agricultural property is not necessary at this time as only the existing single family
dwelling is being subdivided. The subdivision application may be processed
administratively in accordance with Section 2 of the Subdivision Ordinance. An
application to subdivide additional lots within five years from the date of approval of an
administrative subdivision will require application for preliminary and final plat approval
as established by Section 21-2-1.0 of the Subdivision Ordinance. The remaining
agricultural parcel will be required to be deed restricted to not more than 10 additional
development rights.
Access. The subject site is accessed from Kadler Avenue, which is a paved rural
section roadway. The Kadler Avenue exists by prescriptive easement allowing the City
rights to the maintained portion of the roadway. The subdivision of the single family
dwelling on to a separate lot will not effect the capacity of the street.
Setbacks. The table below illustrates the required setbacks applicable to the subject
sites and the proposed lot to be subdivided. The proposed lot will need to demonstrate
compliance with the required minimum side and rear setbacks. The front setback of
the existing single family dwelling is not effected by the proposed subdivision.
Minimum Setbacks
Kadler
Side
Rear
Ave.
65 ft.
10 ft.
50 ft.
Easements. Section 21-7-15 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 be
submitted to subdivide the lot administratively and are subject to review and approval by
the City Engineer.
Park and Trail Dedication. The subdivision of the subject site to create an additional
lot will require dedication of land or a cash fee in lieu of land for park and trail
dedication. City staff recommends that the applicant pay a cash fee in lieu of land for
the additional lot created by the administrative subdivision satisfying park and trail
dedication requirements due with this application.
Utilities. The proposed lot would 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 City
Engineer.
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
20-3-21 and Section 20-4-25 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 proposed rezoning will
allow for a subdivision of up to 11 rural single family lots, which 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 primarily agricultural -rural
service area uses and large lot 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.
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 is not anticipated to generate traffic that will
overwhelm the capabilities of the existing 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.
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RECOMMENDATION
City staff recommends approval of the requested Zoning Map amendment and CUP as
outlined below.
POSSIBLE ACTIONS
Decision 1 — Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1
District to A-2 District based on a finding that the request is consistent with the
Comprehensive Plan.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan.
C. Motion to table.
Decision 2 — Conditional Use Permit and Preliminary/Final Plat
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:
The application for administrative subdivision shall be submitted and
processed in accordance with Section 2 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 balance of the 118.17 acre parcels shall be deed restricted after
subdivision of the single family lot to not more than ten development
rights.
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 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 City Engineer.
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. Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Doug Lindenfelser/LeRoy Lindenfelser, applicants
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MINNESOTA (-DP
APPLICANT: Arlene Lindenfelser Revocable Trust
9-17-14
FINDINGS & DECISION
ZONING MAP AMENDMENT
APPLICATION: Consideration of a Zoning Map amendment rezoning property from A-1 District to
A-2 District.
CITY COUNCIL MEETING: 22 September 2014.
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 agricultural uses within the Urban
Service Expansion Area.
C. The subject site is zoned A-1, Agriculture Rural 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.H of the Zoning Ordinance; the applicant is requesting a Zoning Map amendment to
rezone the subject site to A-2 District.
E. Consideration of the application is to be based upon (but not limited to) the criteria set forth
by Section 20-3-2.F of the Zoning Ordinance:
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 proposed rezoning will allow for
a subdivision of up to 11 rural single family lots, which 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 primarily agricultural -rural service
area uses and large lot 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.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
Finding: The proposed use is not anticipated to generate traffic that will overwhelm
the capabilities of the existing 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.
Finding: The proposed subdivision can be accommodated by the City's existing
service capacity.
F. The Planning Report dated 11 September 2014 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 15
September 2014 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 5-0 vote that the City Council approve the Zoning
Map amendment based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the proposed Zoning
Map amendment is hereby APPROVED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 22nd day of September, 2014.
Tami Loff, City Clerk
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CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
ORDINANCE NO.: 2014-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby
amended to change the zoning classification of the property legally described by Exhibit
A..
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural
Service District to A-2, Agriculture, Long Range Urban Service District designation.
Section 3. The Zoning Map of the City of Otsego shall not be republished to
show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the
Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove
provided for in this Ordinance, and all of the notations, references and other information
shown thereon are hereby incorporated by reference and made part of this Ordinance.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication according to Law.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22nd day of
September, 2014.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A
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MINNESOTA CDP
APPLICANT: Arlene Lindenfelser Revocable Trust
9-17-14
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: 22 September 2014.
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 agricultural 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 20-4-2.F of the Zoning Ordinance:
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 proposed rezoning will allow for
a subdivision of up to 11 rural single family lots, which 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 primarily agricultural -rural service
area uses and large lot 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.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
Finding: The proposed use is not anticipated to generate traffic that will overwhelm
the capabilities of the existing 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.
Finding: The proposed subdivision can be accommodated by the City's existing
service capacity.
F. The Planning Report dated 11 September 2014 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 15
September 2014 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 5-0 vote that the City Council approve the Zoning
Map amendment based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the proposed Zoning
Map amendment 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 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 balance of the 118.17 acre parcels shall be deed restricted after subdivision of the single
family lot to not more than ten development rights.
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 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 City Engineer.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
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ADOPTED by the City Council of the City of Otsego this 22"d day of September, 2014.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk