ITEM 4.2ITEM 4_2
TPC3601 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: D. Daniel Licht, AICP
RE: Otsego —Shelquist; Zoning Map Amendment/CUP
REPORT DATE: 2 March 2017
ACTION DEADLINE: 20 March 2017
TPC FILE: 101.02
BACKGROUND
The estate of Milton Shelquist is proposing to subdivide the existing single family dwelling from
the balance of the 147.67 acre site used for agricultural cultivation. The subject site is guided
by the Comprehensive Plan for future agricultural uses and is currently zoned A-1, Agriculture
Rural Service District. The applicant 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. A
public hearing has been noticed for the Planning Commission meeting on 6 March 2017 to
consider the applications.
Exhibits:
A. Site Location
B. Boundary Survey (2 sheets)
ANALYSIS
Comprehensive Plan. The subject site is within Urban Service Expansion Area W3 established
by the Sewer Staging Plan of the 2012 Comprehensive Plan and is guided for continued
agricultural land uses. Development density within the Urban Service Expansion Area is
allowed at 1 dwelling unit per 10 acres. Based on the 147.67 acre area of the existing parcel,
up to 14 lots could be subdivided, one of which must include the existing single family dwelling.
Zoning. 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 to A-2 District. The A-2
District allows for development at a density of 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 policies 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. 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. Section 20-52-5.1-1 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 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. 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 20-52-6.8 of this
Chapter is used for a dwelling located on the present parcel
outside of the residential cluster.
2
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.
B. 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 existing single family dwelling is located at the northeast corner of the parcel that the
applicant is proposing to subdivide into a lot having an area of more than 2.5 acres but less than
10 acres. The proposed subdivision of the single family dwelling is to be a 6.90 acre parcel that
includes the portions of the subject east the exception parcel to Kadler Avenue and south of the
exception parcel following an existing tree line and the west line of the exception parcel to
"square" the area at the intersection of CSAH 39 and Kadler Avenue and include the existing
single family dwelling, mound septic system, and pole building. The applicant is also proposing
that two of the allowed 14 development rights of the existing parcel would remain with the
proposed lot to allow a future subdivision into a 3.58 acre parcel with the existing single family
dwelling and a 2.43 acre parcel north of this lot and east of the exception parcel. The boundary
survey does indicate the potential to subdivide the remaining 140.77 acre parcel into an 83.60
acre parcel and 56.17 acre parcel, but this subdivision is not part of the current application.
The subdivision of the proposed 6.90 acre parcel may be processed administratively in
accordance with Section 2 of the Subdivision Ordinance. An application to subdivide any
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 proposed remaining agricultural parcel will be required to be
deed restricted to not more than 12 additional development rights.
Access. The existing single family dwelling has a driveway from Kadler Avenue. Kadler Avenue
is designated by the 2012 Transportation Plan as a future minor arterial roadway. Direct lot
access to Kadler Avenue is prohibited. The existing driveway is allowed to remain but no other
driveways from Kadler Avenue will be permitted. If the proposed 6.90 acre lot is subdivided to
utilize both retained development rights, approval of a conditional use permit allowing shared
access via an ingress/egress easement over the existing driveway would be required. Access to
the remaining 140.77 acre parcel is available via a field entrance from CSAH 39 or possibly via
prescriptive easement from the terminus of 92,d Street.
The proposed boundary survey provides for dedication of 50 feet of right-of-way for the south
half of CSAH 39 and 33 feet of right-of-way for the west half of Kadler Avenue. As minor
arterial roadways, 75 feet of half right-of-way is required and must be dedicated with the
proposed subdivision. The boundary survey also identifies a proposed easement for extension
of 92nd Street beyond its current terminus should the 140.77 acre remaining parcel be further
subdivided. The proposed easement is 66 feet wide consistent with the easement for the
existing segment of 92nd Street. Easement for a cul-de-sac turnaround measuring 90 feet in
diameter and construction of a public street with a cul-de-sac would be required to extend 92nd
Street if the 140.77 are parcel is subdivided in the future.
Setbacks. The table below illustrates the required setbacks applicable to the subject site and
the proposed lot to be subdivided. The existing single family lot will comply with applicable
setbacks, as will the existing pole building within the proposed lot.
Minimum Setbacks
Kadler CSAR
Side Rear
Ave. 39
Required 65 ft. 65ft. 10 ft. 50 ft.
Proposed Lot 120ft. 435ft. 150ft. 300ft.
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 a revised 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 existing parcel creating two parcels requires
dedication of land or a cash fee in lieu of land for park and trail dedication in accordance with
Section 21-7-18 of the Subdivision Ordinance. 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 20-3-2.F and
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.
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
I
subdivision of up to 14 rural single family lots (one of which includes the existing single
family dwelling), 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 cultivated fields and large lot, rural
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 subdivision is not anticipated to generate additional traffic that
that would exceed the capabilities of Kadler Avenue 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: As a rural residential use consistent with the allowed density of the 2012
Comprehensive Plan, 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 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.
5
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
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 2 of the Subdivision Ordinance.
2. The proposed 6.90 acre parcel shall be deed restricted to not more than two
development rights.
3. The proposed 140.77 acre parcel shall be deed restricted to not more than 12
development rights.
4. No new access to the 6.90 acre parcel or 140.77 acre parcel shall be allowed
from CSAH 39 or Kadler Avenue; future subdivision of the 6.90 acre parcel into
two parcels shall be subject to approval of a conditional use permit to allowing
shared access via the existing driveway to Kadler Avenue with an ingress/egress
easement as allowed by the Zoning Ordinance.
5. The boundary survey shall be revised to dedicate 75 feet for the south half right-
of-way of CSAH 39 and 75 feet for the west half right-of-way for Kadler Avenue.
6. The subdivided lots shall provide for dedication of drainage and utility
easements as required by Section 21-7-15 of the Subdivision Ordinance subject
to review and approval of the City Engineer.
7. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision application.
8. 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. Adam Flaherty, Interim City Administrator
Tami Loff, City Clerk
I
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Pete Shelquist
Overview
Legend
Roads
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land 66.00 feet in width, the centerline of which is described as follows:
Commencing at the Northeast corner of the Southwest Quarter of the Southeast
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Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota; thence
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SCALE IN FEET
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Base Parcel Description:
The West Half of the Southeast Quarter, the East Half of the Southeast Quarter of the Southwest Quarter, the North Half of the Northeast Quarter of the
_ Southeast Quarter, and the South Half of the Northeast Quarter lying South of the centerline of County Road No. 39, all in Section 15, Township 121, Range
24, Wright County, Minnesota.
Ow AND that part of the following described property which lies North of the centerline iof WRIGHT COUNTY RIGHT OF WAY PLAT NO th
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ns o e ounty Road: Commencing at the Southeast corner of said Northeast an . ou of the former
minutes 21 seconds West along the South line of said Northeast Quarter; thence on an assumed bearing of South 89 degrees 13
Quarter, a distance of 539.00 feet; thence North 0 degrees 54 minutes 03 seconds West
parallel with the East line of said Northeast Quarter, a distance of 841.50 feet to the former center line of the County Road; thence South 83 degrees 47
minutes 54 seconds East along said former center line, a distance of 209.61 feet to the Point of Beginning of the land to be described; thence continue
South 83 degrees 47 minutes 54 seconds East along said former center line, a distance of 23.18 feet; thence South 0 degrees 54 minutes 03 seconds East
parallel with said East Has of the Northeast Quarter, a distance of 377.00 feet; thence South 89 degrees 05 minutes 57 seconds West, a distance of 23.00
feet to the intersection of a line bearing South 0 degrees 54 minutes 03 seconds East, parallel with said east line of the Northeast Quarter, from the Poin
of Beginning; thence North 0 degrees 54 minutes 03 seconds West, a distance of 379.87 feet to the Point of Beginning.
EXCEPT*
The North 520.00 feet of the East 312.00 feet of the Southwest Quarter of the Southeast "Quarter .of Section 15, Township 121, e 24, Wright County,
Minnesota. ConWning'3.72 acres and subject to a 68.00 foot ingress and egress easement, the center line -of said easement is described as the westerly Rang
extension of the center line of Description No. 69 of the Otsego Township Road Map according to the recorded map thereof, said westerly extension
terminating on the west line of the East 312.00 feet of said Southwest Quarter of the Southeast Quarter. '
ALSO EXCEPT: I
The West 687.33 feet, as measured along the South line, of that part of the Northeast 74 oflSection 15. Township 121, Range 24, Wright County, Minnesota
lying south of the center, line of County Road Number 39, as constructed. Subject to Count Road Number 39. Being a part of Lot 13, plat of lands owns
by Hiram Heath and others as recorded in book 1 of Sectional Plats on pages 529 and 533.1 Also the North 105.00 feet of the West 887.33 feet of the
Northwest Y4 of the Southeast Y4 of Section 15, Township 121, Range 24, Wright County, Minnesota as measured along the North and West lines thereof.
ALSO EXCEPT: i
That part of the Northeast Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the southeast
corner of said Northeast Quarter; thence on an assumed bearing of South 89 degrees 13 minutes 21 seconds West along the southline of said Northeast
Quarter, a distance of 639.00 feet; thence North 0 degrees 54 minutes 03 seconds West parallel with the east line of said Northeast Quarter, a distance of
382.78 feet to the Point of Beginning of the land to be described; thence continue North 0 degrees 54 minutes 03 seconds West parallel with said east line
of the Northeast Quarter, a distance of 458.72 feet to the former center fine of the County Road; thence South 83 degrees 47 minutes 54 seconds East
along said former center line, a distance of 209.61 feet; thence South 0 degrees 54 mfnutes'03 seconds East parallel with said east line of the Northeast
_ Quarter, a distance of 438.82 feet-, thence North 89 degrees 14 minutes 48 seconds West, a distance of 208.09 feet to the -Point of _Beginning.
Proposed Parcel A Description:
The East 539.00 feet of that part of the Northeast Quarter of Section 15, Township 121, Range 24, Wright County Minnesota which lies South of the
centerline of WRIGHT COUNTY RIGHT OF WAY PLAT NO. 6 and which lies North of the South 70.00 feet of said Northeast Quarter, as measured along and
parallel with the South and East lines of said Northeast Quarter.
AND that part of the following described property which lies North of the centerline of WRIGHT COUNTY RIGHT OF WAY PLAT NO. 6 and South of the former
center line of the County Road: Commencing at the Southeast corner of said Northeast Quarter; thence on an assumed bearing of South 89 degrees 13
minutes 21 seconds West along the South line of said Northeast Quarter, a distance of 539.00 feet; thence North 0 degrees 54 minutes 03 seconds West
parallel with the East line of said Northeast Quarter, a distance of 841.50 feet to the former center line of the County Road; thence South 83 degrees 47
minutes 54 seconds East along said former center line, a distance of 209.61 feet to the Point of Beginning of the land to be described; thence continue
South 83 degrees 47 minutes 54 seconds East along said former center line, a distance of 23.18 feet; thence South 0 degrees 54 minutes 03 seconds East
parallel with said East line of the Northeast Quarter, a distance of 377.00 feet; thence South 89 degrees 05 minutes 57 seconds West, a distance of 23.00
feet to the intersection of a line bearing South 0 degrees 54 minutes 03 seconds East, parallel with said east line of the Northeast Quarter, from the Point
of Beginning; thence North 0 degrees 54 minutes 03 seconds West, a distance of 379.87 feet'to the Point of Beginning.
Subject to easements for County Road No. 39 and Kadler Ave.
EXCEPT that part of the Northeast Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the
southeast corner of said Northeast Quarter; thence on an assumed bearing of South 89 degrees 13 minutes 21 seconds West along the south line of said
Northeast Quarter, a distance of 539.00 feet; thence North 0 degrees 54 minutes 03 seconds West parallel with the east line of said Northeast Quarter, a
distance of 382.78 feet to the Point of Beginning of the land to be described; thence continue North 0 degrees 54 minutes 03 seconds .West parallel with
said east line of the Northeast Quarter, a distance of 458.72 feet to the former center line of the County Road; thence South 83 degrees 47 minutes 54
seconds East along said former center line, a distance of 209.61 feet; thence South 0 degrees 54 minutes 03 seconds East parallel with said east line of the
Northeast Quarter, a distance of 438.82 feet; thence North 89 degrees 14 minutes 48 seconds West, a distance of 208.09 feet to the Point of Beginning.
Proposed Parcel B Description:
The East Half of the Southeast Quarter of the Southwest Quarter of Section 15, Township 121, Range 24, Wright County Minnesota.
AND the Southwest Quarter of the Southeast Quarter of said Section 15 except the North 520.00 feet of the East 312.00 feet of said Southwest Quarter of
— — the Southeast Quarter,
Subject to easement for Kadler Ave.
Proposed Parcel C (Remnant Description):
The South Half of the Northeast Quarter lying South of the centerline of County Road No. 39, all in Section 15, Township 121, Range 24, Wright County,
Minnesota.
AND the North Half of the Northeast Quarter of the Southeast Quarter of said Section 16.
AND the Northwest Quarter of the Southeast Quarter of said Section 15.
Subject to easement for Kadler Ave.
EXCEPT The East 539.00 feet of that part of the Northeast Quarter of Section 15, Township 121, Range 24, Wright County Minnesota which lies South of the
centerline of WRIGHT COUNTY RIGHT OF WAY PLAT NO. 6, South of the former centerline of the County Road, and which lies North of the South 70.00 feet of
said Northeast Quarter, as measured along and parallel with the South and East lines of said Northeast Quarter.
AND EXCEPT The West 687.33 feet, as measured along the South line, of that part of the Northeast Y4 of Section 15, Township 121, Range 24, Wright County,
Minnesota lying south of the center line of County Road Number 39, as constructed.
AND EXCEPT the North 105.00 feet of the West 687.33 feet of the Northwest
of the Southeast- %_ of Section 15, Township 121, Rance 24, Wrieht County.