ITEM 5.2 Shelquist�1
Otsezo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
13 March 2017
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
Interim Administrator Flaherty
5.2 — Shelquist
Long Range Urban Service District and a CUP allowing a lot in the A-2 District with an area less than 20
City Engineer Wagner
The Planning Commission meeting held a public hearing at their meeting on 6 March 2017 to consider
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Zoning Map amendment and CUP to allow 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 6 March 2017.
BACKGROUND/JUSTIFICATION:
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.
The Planning Commission meeting held a public hearing at their meeting on 6 March 2017 to consider
the applications. Mr. Peter Shelquist, executor for the estate, was present at the applicant. There were
no public comments regarding the requested rezoning and subdivision of the property and the public
hearing was closed. The Planning Commission did not have comments regarding the application and
voted 6-0 to recommend approval of the applications.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 2 March 2017
B. Zoning Map amendment Findings of Fact
C. Ordinance 2017-03 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 2017-03 rezoning property included to A-2 District and approve a
conditional use permit to allow subdivision of one lot with an area less than 20 acres within an A-2
District subject to the conditions included within the findings of fact dated March 8, 2017.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o No
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763,231.5840
Facsimile: 763.42 7.0520
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.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 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.
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 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 92nd 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 CSAH Side
Ave. 39
Rear
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:
1. 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 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
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:
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
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Pete Shelquist
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1
ORDINANCE NO.: 2017-03
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:
2017.
ADOPTED by the City Council of the City of Otsego this 13th day of March,
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A
8 March 2017
0 CITY OF
t
Cn O FINDINGS & DECISION
MINNEJOTC•g ZONING MAP AMENDMENT
APPLICANT: Estate of Milton & Lorraine Shelquist, c/o Peter Shelquist, Executor.
APPLICATION: Consideration of a Zoning Map amendment rezoning property from A-1 District to
A-2 District.
CITY COUNCIL MEETING: 13 March 2017.
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 rural land 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 a subdivision of one lot with an area 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:
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
sanitary sewer and water utilities are available. The proposed rezoning will allow for
a 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.
Finding: 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.
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 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.
Finding: 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.
F. The Planning Report dated 2 March 2017 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 6
March 2017 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 6-0 vote that the City Council approve the
application based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 13th day of March, 2017.
Tami Loff, City Clerk
6
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
8 March 2017
0 OF
FINDINGS & DECISION
tkzo CONDITIONAL USE PERMIT
MINNESOTA
APPLICANT: Estate of Milton & Lorraine Shelquist, c/o Peter Shelquist, Executor.
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: 13 March 2017.
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 rural land 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 a preliminary/final plat to allow subdivision of a lot
with an area 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.
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 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.
Finding: 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.
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 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.
Finding: 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.
F. The Planning Report dated 2 March 2017 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 6
March 2017 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 6-0 vote that the City Council approve the
application based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the application 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 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.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 13th day of March, 2017.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor