PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

1

Applicants & Property Owners

Bradley & Eileen Anderson

2024 W Montana Ave

Harlingen, TX 78550

Request and Location

Request for review and approval of a Conditional Use Permit to Transfer the Residential

Development Right from the Southwest Quarter of the Northeast Quarter to the Southeast Quarter

of the Northeast Quarter all located in Section 7, Judson Township. The property is zoned

Agricultural.

Legal Description

Transferred From:

Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) of Section 7, Judson Township

108N, Range 28W

Transferred To:

Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section 7, Judson Township 108N,

Range 28W

General Site Description and Project Proposal

The applicants own a single parcel that makes up the sending and receiving Quarter-Quarter

Sections and have a combined total of 76.01 acres. There is an existing developed parcel with a

single-family dwelling northeast of the property.

The applicants are requesting approval to transfer the development right from the SW Quarter of

the NE Quarter of Section 7, Judson Township to the SE Quarter of the NE Quarter of Section 7,

Judson Township. The sending quarter-quarter consists of cropland areas. The eastern portion of

the parcel involved with the transfer, does have frontage to the County State-Aid Highway (CSAH)

20. If the transfer is approved, the applicants intend to construct a second residential dwelling in

the receiving Quarter-Quarter. See Attachment A-3

Project Outcome - If approved, the SE Quarter of the NE Quarter of Section 7, Judson Township

will have an additional development right to enable the applicants to construct a second residential

dwelling in the Quarter-Quarter Section.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

2

Land Use Plan

The current Land Use Plan adopted in 1998 directed the review of all permitted and conditional

uses in all zoning districts. As a result of the review process by the Planning Commission and

County Board for a 2012 amendment to the zoning ordinance, the County Board decided that

transferring residential development rights in an agricultural zoned district should remain as a

conditional use.

Zoning

Both the sending and receiving quarter-quarters are zoned Agricultural.

Access

The current access to the property is to and from CSAH 20.

Existing Land Use within ¼ mile of the receiving quarter-quarter

North: One residence, and cropland

South: Cropland

East: CSAH 20, Cropland, and 219th St. (a Township Road)

West: Cropland

NATURAL RESOURCES INFORMATION

Topography

The topography of the area is best described as gently rolling. See Attachment A-4

Floodplain

According to the draft FEMA floodplain map, neither of the quarter-quarter sections have areas of

floodplain. The nearest area of floodplain is in excess of one mile from the property, therefore no

attachment has been included.

Shoreland

Neither quarter-quarter section includes areas within a Shoreland Overlay District. The nearest

Shoreland area is approximately 450 feet, northwest of the sending Quarter-Quarter sSection.

See Attachment A-5

Township Review

The applicants met with the Township at their September 11th, 2017 meeting. The Township

expressed no issue with the request provided it is in compliance with the Blue Earth County

Planning and Zoning requirements.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

3

Environmental Health Review

See Attachment A-6

APPLICABLE SECTIONS OF THE CODE OF ORDINANCES

Section 24-112 Uses

(b) Conditional Uses

(30) Transfer of Development Rights

Section 24-139 Density Regulations for dwellings

(c) Transfer of development rights. Development rights may be transferred from a quarter of a

quarter section (40 acres) to a contiguous (sharing one (1) common boundary) quarter of a quarter

section (40 acres) for the purpose of constructing a dwelling, upon obtaining a conditional use

permit. The sending quarter of a quarter of a section (40 acres) shall consist of a suitable buildable

area capable of accommodating all requirements of the Blue Earth County Code of Ordinances for

the construction of a single family dwelling. The transfer shall not allow the establishment of more

than four (4) dwellings in a quarter of a quarter section.

Sec. 24-47 Planning Commission

(f) Findings required

1. Enumeration. The Planning Commission shall not forward a recommendation of approval

of a conditional use permit unless they find the following facts at the hearing where the

applicant shall present a statement and evidence in such form as the Planning Agency may

require:

a. That the proposed use conforms with the county land use plan.

b. The demonstrated need for the proposed use.

c. That the proposed use will not degrade the water quality of the county.

d. That the proposed use will not adversely increase the quantity of water runoff.

e. That soil conditions are adequate to accommodate the proposed use.

f. That the proposed use does not create a potential pollution hazard.

g. That adequate utility, access roads, drainage and other necessary facilities have been

or are being provided.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

4

h. That adequate measures have been or will be taken to provide sufficient off-street

parking and loading space to serve the proposed use.

i. That facilities are provided to eliminate any traffic congestion or traffic hazard

which may result from the proposed use.

j. That the conditional use will not be injurious to the use and enjoyment of other

property in the immediate vicinity for the purposes already permitted.

k. That the establishment of the conditional use will not impede the normal and orderly

development and improvement of surrounding vacant property for predominant uses

in the area.

l. That adequate measures have been or will be taken to prevent or control offensive

odor, fumes, dust, noise and vibration, so that none of these will constitute a

nuisance, and to control lighted signs and other lights in such a manner that no

disturbance to neighboring properties will result.

m. That the density of proposed residential development is not greater than the density

of the surrounding neighborhood or not greater than the density indicated by the

applicable zoning district.

n. That the intensity of proposed commercial or industrial development is not greater

than the intensity of the surrounding uses or not greater than the intensity

characteristic of the applicable zoning district.

o. That site specific conditions and such other conditions are established as required

for the protection of the public's health, safety, morals and general welfare.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

5

Proposed Findings of Facts

(The proposed findings below are directly related to the above standards, labeled, items a-o)

After careful review of the project and all associated documents, staff has developed the following

opinions for this proposal:

1. That the proposed use conforms with the county land use plan.

The current Land Use Plan included a goal that existing permitted and conditional uses be

reviewed to determine if the use can be accommodated in the rural areas. The uses were

reviewed by the Planning Commission and County Board in 2012. As a result, the proposed

use was added as a conditional use in the Agricultural District.

2. The demonstrated need for the proposed use.

The sending quarter quarter located on the Southwest Quarter of the Northeast Quarter does

not have direct access to the CSAH 20. In order to avoid taking prime farmland out of

production by creating a new access, the applicants are transferring the development to the

Southeast Quarter of the Northeast Quarter to enable them to use the existing access point

from CSAH 20 to the proposed building area. Therefore, there is a demonstrated need for the

transfer.

3. That the proposed use will not degrade the water quality of the county.

With proper erosion control of the intended development area, the proposal does not appear

likely to degrade the water quality of the county.

4. That the proposed use will not adversely increase the quantity of water runoff.

With proper planning of the proposed development, the quantity of runoff should not be

adversely affected.

5. That soil conditions are adequate to accommodate the proposed use.

Based on the information contained on the County’s Soils Map, it appears as though the soil

conditions onsite are adequate to accommodate an area for the proposed development.

6. That the proposed use does not create a potential pollution hazard.

With proper erosion control during future development of the property, the proposal does not

appear likely to create a potential pollution hazard.

7. That adequate utility, access roads, drainage and other necessary facilities have been or are

being provided.

These items will be addressed as part of the construction permit review.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

6

8. That adequate measures have been or will be taken to provide sufficient off-street parking and

loading space to serve the proposed use.

The property appears to have adequate off-street parking to accommodate any vehicles

requiring access to the property.

9. That facilities are provided to eliminate any traffic congestion or traffic hazard which may

result from the proposed use.

The property appears to have adequate area to alleviate any traffic congestion or traffic

hazards in this area.

10. That the conditional use will not be injurious to the use and enjoyment of other property in the

immediate vicinity for the purposes already permitted.

The predominant use of the area is a mix of residential and agricultural uses. Transferring of

the residential development right and future development of the site appears unlikely to be

injurious to the use and enjoyment of any property in its immediate vicinity for the purposes

already permitted.

11. That the establishment of the conditional use will not impede the normal and orderly

development and improvement of surrounding vacant property for predominant uses in the

area.

It appears unlikely that approval of this transfer will impede any development efforts of the

surrounding vacant areas.

12. That adequate measures have been or will be taken to prevent or control offensive odor, fumes,

dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted

signs and other lights in such a manner that no disturbance to neighboring properties will result.

This standard does not apply to this request.

13. That the density of proposed residential development is not greater than the density of the

surrounding neighborhood or not greater than the density indicated by the applicable zoning

district.

With the development right transfer, the density of the area conforms to the ordinance.

14. That the intensity of proposed commercial or industrial development is not greater than the

intensity of the surrounding uses or not greater than the intensity characteristic of the applicable

zoning district.

This standard does not apply to this request.

PC 21-17

Bradley and Eileen Anderson

Conditional Use Permit – TDR

11/04/2017

7

15. That site specific conditions and such other conditions are established as required for the

protection of the public's health, safety, morals and general welfare.

The protection of the public’s health, safety, morals and general welfare have been addressed

through the required performance standards for this type of conditional use and in the

conditions included below.

Recommendations

Staff recommends APPROVAL of the Conditional Use Permit to Transfer the Development Right

with the following conditions:

1. That the applicant shall obtain a construction permit prior to commencement of any future

construction activities.

2. That any future splitting of the property within the receiving Quarter-Quarter Section, shall

first meet the requirements outlined in the County Land Division Ordinance.

ATTACHMENTS

A-1 General Location Map

A-2 General Site Map

A-3 Proposed TDR Map

A-4 Topography Map

A-5 Shoreland Overlay Map

A-6 Environmental Health Comments

General Location Map

Attachment A-1

Site of the Proposal

General Site Map

Attachment A-2

Sending quarter-quarter

section

Receiving quarter-quarter

section

Approximate Location of

Proposed Home

Proposed TDR Map

Attachment A-3

SWNE

Qtr-Qtr

Section

Approximate Location of

Proposed Home

SENE

Qtr-Qtr

Section

Topography Map

Attachment A-4

Shoreland Overlay Map

Attachment A-5

Approximate Location of

Proposed Home

BLUE EARTH COUNTYENVIRONMENTAL SERVICES

Government Center, 410 South Fifth StreetP.O. Box 3566, Mankato, Minnesota 56002-3566

Phone: (507) 304-4381 Fax: (507) 304-4431

Environmental Health Section - Planning Application Reviews

Date Printed: October 25, 2017 Permit Number: PL2017068

Property Owner: ANDERSON BRADLEY R &EILEEN M

Applicant: ANDERSON BRADLEY R &EILEEN M

Parcel Number: R38.07.07.200.009 File ID: PC 21-17

Application Description: Request for review and approval of a Conditional Use Permit to transfer the residentialdevelopment right from the Southwest Quarter of the Northeast Quarter to the SoutheastQuarter of the Northeast Quarter all located in Section 7, Judson Township. The property iszoned Agricultural.

Septic ReviewStatus: Complete - Comments Received

Comments: The transfer of development rights will require that when the property is split into two parcels thateach new parcel has the ability to support two septic systems each. At the time of development orsubdividing of the receiving ¼ ¼, this requirement will be required to be completed. Anderson,Jesse 09/26/2017 4:27 PM

Well ReviewStatus: Complete - Comments Received

Comments: A review of the well records indicates that the recieving quarter section with some grain binsand a machine shed has a sealed well, unique # H291539, which previously served the existingbuilding site. This well was properly sealed by Searles Well Drilling in 2011. The transfer ofdevelopment rights does not appear to negatively impact the known well situation on thisproperty. grant 09/28/2017 4:27 PM

Wetland ReviewStatus: Complete - Comments Received

Comments: The proposed TDR will not directly impact any wetlands. The area of the proposed house willbe reviewed once building plans have been finalized, however, a brief wetland review did notsuggest any likely wetland issues with the proposed building site. Schulte Michael 10/23/20179:58 AM