ITEM 5.1 Lindenfelser CUP0
F
Otsezo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 May 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Flaherty
5.1— Lindenfelser CUP
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a conditional use permit to allow a lot with less than 20 acres within the
A-2 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission on 15 May 2017
BACKGROUND/J USTI FICATI ON:
Matt and Kari Lindenfelser are proposing to subdivide a 1.3 acre lot from a 96.71 acre parcel located east of
Kader Avenue approximately 940 feet north of 80th Street. The subject site is guided by the Comprehensive
Plan for future agricultural uses and is currently zoned A-2, Agriculture Long Range Urban Service District.
The applicant is requesting approval of a conditional use permit to allow a lot in the A-2 District with an
area less than 20 acres for an administrative subdivision of one lot.
A public hearing to consider the application was held at the Planning Commission meeting on 15 May 2017.
Mr. and Ms. Lindenfelser were present to address the Planning Commission. There were no public
comments. The Planning Commission had no discussion or comments. The public hearing was closed and
the Planning Commission voted 7-0 to recommend the City Council approve the application.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 11 May 2017
• Findings and Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
No action is required at this time.
BUDGET INFORMATION
FUNDING: BUDGETED:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
e L 0Wk1 10:1001:31
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
RE: Otsego — Lindenfelser Bros LLC; CUP
REPORT DATE: 11 May 2017
ACTION DEADLINE: 17 June 2017
TPC FILE: 101.02
BACKGROUND
Matt and Kari Lindenfelser are proposing to subdivide a 1.3 acre lot from a 96.71 acre parcel
located east of Kader Avenue approximately 940 feet north of 80th Street. The subject site is
guided by the Comprehensive Plan for future agricultural uses and is currently zoned A-2,
Agriculture Long Range Urban Service District. The applicant is requesting approval of a
conditional use permit to allow a lot in the A-2 District with an area less than 20 acres for an
administrative subdivision of one lot. A public hearing has been noticed for the Planning
Commission meeting on 15 May 2017 to consider the application.
Exhibits:
A. Site Location
B. Certificate of Survey
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 96.71 acre area of the existing parcel
and prior subdivisions, up to seven dwellings may be developed. There is one existing home
within the 96.71 acre parcel at the northwest corner. Subdivision of an additional lot from the
subject site will require a deed restriction limiting further development of the parent parcel to
not more than six dwelling units.
Zoning. The subject site is zoned A-2 District, which allows development density at one
dwelling unit per 10 acres and the minimum lot size for lots established after October 2002 is
20 acres. The A-2 District allows for 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. Consideration of the requested conditional use permit application is to
be based upon, but not limited to, the criteria outlined in 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. Interim land use plan allows for
subdivision of up to seven rural single family lots. The proposed subdivision 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.
The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
1A
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.
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.
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 location of the proposed lot will allow for logical further subdivision of the parent parcel in
the future will local street accesses that will serve future development as well as existing lots
and the proposed lots. A future public street may be constructed along the south lot line of
the proposed lot when sanitary sewer and water utilities are available and the surrounding
properties may be subdivided in the future. The proposed subdivision complies with the
criteria outlined by the Zoning Ordinance for subdivision of lots less than 20 acres in area within
the A-2 District.
Setbacks. The table below illustrates the required setbacks of the A-2 District applicable to the
proposed lot to be subdivided. The proposed house as shown on the certificate of survey will
comply with setback requirements.
Minimum Setbacks
Kadler Ave. Side Rear
Required 65 ft. loft. 50ft.
Proposed Lot 115ft. 30ft./65ft. 78ft.
Right -of -Way. The proposed lot abuts Kadler Avenue, which is designated by the 2012
Transportation Plan as a minor arterial street. Minor arterial streets require 150 feet of right-
of-way. The certificate of survey must be revised to provide for dedication of an easement of
75 feet for the east half right-of-way with the proposed subdivision. Setbacks for the proposed
house will be measured from the boundary of the right-of-way easement. The proposed lot will
be accessed from Kadler Avenue. As a future minor arterial roadway, direct lot access to Kadler
Avenue would be prohibited in the future. City staff recommends a condition of approval be
included with the conditional use permit that direct access to Kadler Avenue must terminate
upon construction of local street access to the lot.
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.
M
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.
RECOMMENDATION
City staff recommends approval of the requested CUP as outlined below.
POSSIBLE ACTIONS
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 1.3 acre parcel shall be deed restricted to not more than one
development right.
3. The remaining 95.41 acre parcel shall be deed restricted to not more than six
development rights.
4. Direct access to Kadler Avenue from the 1.3 acre parcel shall terminate upon
future construction of a local street accessing the lot.
5. The boundary survey shall be revised to dedicate 75 feet for the east half right-
of-way of Kadler Avenue.
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 finding that the request is inconsistent with
the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Matt and Kari Lindenfelser
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APPLICANT: Matt and Kari Lindenfelser
5-16-17
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 May 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 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.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. Interim land use plan allows for
subdivision of up to seven rural single family lots. The proposed subdivision 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 11 May 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 15
May 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 7-0 vote that the City Council approve the application
based on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the proposed
conditional use permit 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 1.3 acre parcel shall be deed restricted to not more than one development
right.
3. The remaining 95.41 acre parcel shall be deed restricted to not more than six development
rights.
4. Direct access to Kadler Avenue from the 1.3 acre parcel shall terminate upon future
construction of a local street accessing the lot.
5. The boundary survey shall be revised to dedicate 75 feet for the east half right-of-way of
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:
2
ADOPTED by the City Council of the City of Otsego this 22"d day of May, 2017.
Attest:
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor