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Item 3.6 Zoning Map Amendment and Conditional Use Permit PID 118800154101 Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 27 May 2025 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner 3.6 – Greninger A2 District/CUP STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve a Zoning Map Amendment and Conditional Use Permit. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 19 May 2025. BACKGROUND/JUSTIFICATION: Jeff Greninger is proposing to subdivide PID 118-800-154101, which is a 19.91 acre parcel, into two parcels. The property is located at the northwest quadrant of Kadler Avenue and 92nd Street and is currently developed with a single family dwelling and detached accessory building in the northeast corner. The proposed subdivision may be processed administratively, which would also include acquisition of 0.9 acres from PID 118-800-151401. However, the proposed subdivision first requires approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and a Conditional Use Permit allowing a lot in the A-2 District with an area less than 20 acres. A public hearing was noticed and held at the Planning Commission meeting on 19 May 2025. Mr. Jeff Greninger was present and agreed with the recommendations of City staff. There were no public comments and the public hearing was closed. The Planning Commission supported the proposed subdivision of the property into two 10 acre lots based on the long-range time line for extension of sewer to the subject property. The Planning Commission indicated they wanted to discuss further the allowance of interim subdivisions resulting in parcels 10 acres in area or larger at a future meeting. Following discussion, the Planning Commission recommended the City Council approve the applications by a 7-0 vote. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 20 May 2025 • Findings of Fact and Decision; Zoning Map Amendment • Ordinance 2025-02 Amending the Zoning Map • Findings of Fact and Decision; Conditional Use Permit POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2025-02 amending the Zoning Map and approve a Conditional Use Permit for PID 118- 800-154101 subject to the conditions stated on the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: Fund 701 – Development Escrows N/A 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht RE: Otsego – Greninger; A-2 District Zoning Map Amendment/CUP REPORT DATE: 20 May 2025 60-DAY DATE: 13 June 2025 TPC FILE: 101.02 BACKGROUND Jeff Greninger is proposing to subdivide PID 118-800-154101, which is a 19.91 acre parcel into two parcels. The property is located at the northwest quadrant of Kadler Avenue and 92nd Street and is currently developed with a single family dwelling and detached accessory building in the northeast corner. The proposed subdivision may be processed administratively, which would also include acquisition of 0.9 acres from PID 118-800-151401. But the proposed subdivision first requires approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and 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 19 May 2025 at 7:00PM. Exhibits: A. Property Location ANALYSIS Comprehensive Plan. The subject property is located within Urban Service Expansion Area W2, which will be among the last areas of the City to receive sewer utilities, and is guided for future Low Density Residential development. The interim land use plan policies of the Comprehensive Plan limits development of the property to one dwelling per 10 acres until it is to be subdivided 2 for development connected to sewer and water utilities. With 19.91 acres, the property is limited to one development right, which is utilized for the existing single family dwelling. To allow for the proposed subdivision, Mr. Greninger has proposed acquiring 0.9 acres of land from the 83.45 acre property to the north. The parcels subdivided from the subject property will be deed restricted as part of the administrative subdivision to prohibit further subdivision until rezoned and connected to utilities, as will the property to the north relative to the limit of one dwelling unit per 10 acres. Zoning. The subject property 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 proposed subdivision requires a Zoning Map amendment to zone the parcel to A- 2 District, which allows for development at a density of one dwelling per 10 acres and subdivision of lots less than 20 acres in area consistent with the interim land use plan established by the Comprehensive Plan. 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.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: 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.B 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.C of this Chapter. 3 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. Mr. Greninger is proposing the subject property approximately in half north-to-south resulting in two 10 acre parcels with the intent of continuing to cultivate the west parcel. While it would be possible to subdivide the subject property in a manner that results lot less than ten acres surrounding the existing single family dwelling and accessory building, a 10 acre parcel is considered to be a reasonable size to be subdividable in the future when sewer utilities are available. Allowance of the two proposed 10 acre parcels is to be subject to recommendation from the Planning Commission. 4 Setbacks. The table below illustrates the required setbacks applicable to the subject property and the proposed lot to be subdivided as outlined in Section 11-52-6.C of the Zoning Ordinance. The proposed property to be subdivided and the existing buildings within the farmstead will comply with these setbacks, which will be confirmed on a certificate of survey. Kadler Ave. 92nd St. Side Rear Principal Building 65ft. 35ft. 10ft. 50 ft. Accessory Building 20ft. 35ft. 10ft. 10ft. Right-of-Way. The subject property abuts Kalder Avenue to the east and 92nd Street to the south. Both roadways exist by prescriptive easement. Dedicaiton of a 40 foot wide roadway easement for Kadler Avenue and 30 foot roadway easement for 92nd Street the full length of the parcels abutting these streets will be required as a condition of subdivision approval. Park and Trail Dedication. The subdivision of the subject property to create an additional parcel is subject to requirements for dedication of land for park purposes. The Parks System Master Plan does not identify acquisition of land from the subject property. City staff recommends that park dedication requirements for the administrative subdivision be satisfied by payment of a cash fee in lieu of land for the proposed parcel to be created. The park dedication fee will be required to be paid prior to recording of the administrative subdivision. Utilities. The existing single family dwelling is served by an existing individual on-site septic and well, which are not impacted by the proposed subdivision. Construction of the new home within the proposed west parcel will require the property owner to demonstrate that there is space for a septic system and well. All on-site utilities are subject to review and approval by the Building Official at time a building permit is requested. 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 dedicated by document to subdivide the lot administratively. All easements are to be 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 11-3-2.F and 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 subject property for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for an administrative subdivision of the subject property separating the existing rural residential use from the balance of the property that the applicant intends to maintain in long-term cultivation. 5 2. The proposed use’s compatibility with present and future land uses of the area. Comment: There are six rural residential dwellings south of 92nd Street. Agriculture and rural residential land uses are planned to continue in the area until such time as municipal sewer is available. The proposed subdivision will not be incompatible with the existing and planned land uses surrounding the subject property. 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 traffic generated by an additional rural parcel can be accommodated by access to 92nd Street intersecting with Kadler Avenue. 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 Zoning Map amendment and Conditional Use Permit as outlined below. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a Zoning Map amendment rezoning the subject property from A-1 District to A-2 District and 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 administrative subdivision shall include attaching a minimum of 0.9 acres from PID 118-800-151401. 6 3. The parcels included in the administrative subdivision shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 4. Right-of-way: a. A 40 foot wide roadway easement shall be dedicated by document for the west half of Kalder Avenue the full width of the abutting parcel. b. A 30 foot wide roadway easement shall be dedicated by document for the north half of 92nd Street the full width of the abutting parcels. 5. Park dedication requirements for the proposed administrative subdivision application shall be satisfied by payment of a cash fee in lieu of land dedication prior to recording the administrative subdivision. 6. Dedication of drainage and utility easements by document with the administrative subdivision shall be subject to review and approval of the City Engineer. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and does not comply with the 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 Subject Property 461 ft Overview Legend Highways Interstate State Hwy US Hwy Roads City/Township Limits c t Parcels Torrens 1 ZONING MAP AMENDMENT FINDINGS OF FACT & DECISION APPLICANT: Jeff Greninger APPLICATION: Request to amend the Zoning Map. CITY COUNCIL MEETING: 27 May 2025 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 described by Exhibit A. B. The property lies within Urban Service Expansion Area W3 and is guided for Rural land uses by the 2023 Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The applicant is proposing to amend the Zoning Map to rezone the property to A-2, Agriculture Long Range Urban Service District. 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 11-3-2.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 subject property for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for an administrative subdivision of the subject property separating the existing rural residential use from the balance of the property that the applicant intends to maintain in long-term cultivation. 2. The proposed use’s compatibility with present and future land uses of the area. Finding: There are six rural residential dwellings south of 92nd Street. Agriculture and rural residential land uses are planned to continue in the area until such time as municipal sewer is available. The proposed subdivision will not be incompatible with the existing and planned land uses surrounding the subject property. 2 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 traffic generated by an additional rural parcel can be accommodated by access to 92nd Street intersecting with Kadler Avenue. 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 20 May 2025 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 19 May 2025 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 7-0 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. (Remainder of page intentionally blank signatures follow) 3 ADOPTED by the Otsego City Council this 27th day of May, 2025. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 4 EXHIBIT A LEGAL DESCRIPTION 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO: 2025-02 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 designation to A-2, Agriculture Long Range Urban Service District. 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. (Remainder of page intentionally blank signatures follow) 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 27th day of May, 2025. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:__________________________ Audra Etzel, City Clerk 3 EXHIBIT A LEGAL DESCRIPTION 1 CONDITIONAL USE PERMIT FINDINGS OF FACT & DECISION APPLICANT: Jeff Greninger APPLICATION: Request to allow subdivision resulting in parcels less than 20 acres in area and 450 feet in width within the A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 27 May 2025 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 described by Exhibit A. B. The property lies within Urban Service Expansion Area W3 and is guided for Rural land uses by the 2023 Otsego Comprehensive Plan, as amended. C. The property is zoned A-2, Agriculture Long Range Urban Service District. D. The applicant is proposing to subdivide the subject parcel into two parcels each with a lot area less than 20 acre and width less than 450 feet; the proposed subdivision requires a Conditional Use Permit in accordance with Section 11-52-5.G of the Zoning Ordinance. 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: 1. The proposed action’s consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the subject property for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for an administrative subdivision of the subject property separating the existing rural residential use from the balance of the property that the applicant intends to maintain in long-term cultivation. 2. The proposed use’s compatibility with present and future land uses of the area. Finding: There are six rural residential dwellings south of 92nd Street. Agriculture and rural residential land uses are planned to continue in the area until such time as municipal sewer is available. The proposed subdivision will not be incompatible with the existing and planned land uses surrounding the subject property. 2 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 traffic generated by an additional rural parcel can be accommodated by access to 92nd Street intersecting with Kadler Avenue. 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 20 May 2025 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 19 May 2025 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 7-0 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: 1. The application for administrative subdivision shall be submitted and processed in accordance with Section 4 of the Subdivision Ordinance. 2. The administrative subdivision shall include attaching a minimum of 0.9 acres from PID 118-800- 151401. 3. The parcels included in the administrative subdivision shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 4. Right-of-way: a. A 40 foot wide roadway easement shall be dedicated by document for the west half of Kalder Avenue the full width of the abutting parcel. b. A 30 foot wide roadway easement shall be dedicated by document for the north half of 92nd Street the full width of the abutting parcels. 3 5. Park dedication requirements for the proposed administrative subdivision application shall be satisfied by payment of a cash fee in lieu of land dedication prior to recording the administrative subdivision. 6. Dedication of drainage and utility easements by document with the administrative subdivision shall be subject to review and approval of the City Engineer. (Remainder of page intentionally blank signatures follow) 4 ADOPTED by the Otsego City Council this 27th day of May, 2025. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 5 EXHIBIT A LEGAL DESCRIPTION