Item 3.2ITEM 3_2
TPC
The Planning Company
TO:
FROM:
REPORT DATE:
60 -DAY DATE:
RE:
TPC FILE:
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
2 December 2020
15 January 2021
Otsego — Gardner; A-2 District Zoning/Conditional Use Permit
101.02
Mr. Richard Gardner owns a 28.48 acre parcel located at the southeast corner of 95th Street
(CSAH 39) and Mason Avenue. The property owner 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. A public hearing to consider the
application has been noticed for the Planning Commission meeting on 7 December 2020.
Exhibits:
Site location map
Site plan
ANALYSIS
Comprehensive Plan. The subject site is guided by the 2012 Comprehensive Plan for future low
density residential uses as part of Urban Service Expansion Area W1 for the West Sewer
District. The subject site is at the north boundary of Urban Service Expansion Area W1 and
sewer and water utilities are not planned to be available to the subject site in the foreseeable
future. The subject site is be allowed up to two lots subject to applicable minimum lot
requirements in accordance with the one dwelling unit per 10 acre density limits established for
interim land uses within the Urban Service Expansion Area until utilities are extended.
Lot Requirements. 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 four dwelling units per forty 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 established by the Comprehensive Plan.
The subject site is proposed to be subdivided into two parcels north and south, one of which is
to be approximately 15.00 acres and the other is 18.48 acres that encompasses the existing
building on the property. Section 11-52-5.1-1 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. The approval of
the CUP is to be 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 11-
52-6.0 of this Chapter.
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.
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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.
In order to maintain contiguous tracts of land for future urban development, the A-2 District
requires that subdivided lots conform either to a minimum lot area of 20 acres or that all but
one lot not exceed 2.5 acres in area. The proposed area of the two parcels satisfies the criteria
of Section 20-52-5.H.5.b. and c of the Zoning Ordinance to accommodate the existing building
and a remnant parcel within the available development entitlements. Based on the area of the
two proposed subdivided parcels and utilization of all available development entitlements, no
resubdivision plan is to be required.
Setbacks. The table below illustrates the required setbacks applicable to the subject site.
Each of the proposed lots will have sufficient buildable area in compliance with these setback
requirements.
CSAR 39
Mason
Side
Rear
Ave.
65ft.
35ft.
10ft.
50ft.
Right -of -Way. The subject site abuts 95th Street (CSAR 39), which is designated as a minor
arterial street on the Transportation Plan. Right-of-way easement of 75 feet for the south half
of 95th Street and 40 feet for the east half of Mason Avenue will be required to be dedicated
with the survey for the subdivision of the property. Lot access is prohibited to minor arterial
streets but is allowed to minor collector streets by Section 11-21-6 of the Zoning Ordinance.
No new accesses to CSAH 39 will be allowed and the existing driveway should be relocated to
Mason Avenue at the time a single family dwelling is constructed upon the north lot. The south
lot will only have frontage to Mason Avenue for location of a driveway.
Easements. Section 11-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and
utility easements at the perimeter of the two proposed parcels and overlying common lot lines.
The drainage and utility easements will be required to be shown on the survey subdividing the
subject site and are subject to review and approval by the City Engineer.
Utilities. The existing building on the property is served by an individual on-site septic and well
utilities. These systems will need to be evaluated for compliance with current regulations and
updated or replaced as a condition of sale of the property under Wright County ordinances.
The design of on-site utilities for each lot is to be subject to review and approval by the City
Building Official.
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Administrative Subdivision. The subdivision of the subject site into two parcels qualifies for an
administrative subdivision under Section 10-4-1 of the Subdivision Ordinance. The
administrative subdivision is subject to review and approval by the Zoning Administrator
following approval of the Zoning Map amendment and conditional use permit applications by
the City Council.
Park and Trail Dedication. The subdivision of the subject site from one into two lots requires
dedication of land or a cash fee in lieu of land for park and trail dedication. City staff
recommends that the applicant pay a cash fee in lieu of land for the one additional lot created
by the subdivision satisfying park and trail dedication requirements due with this application.
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 site for interim rural land uses until
sanitary sewer and water utilities are available. The proposed rezoning will allow for a
subdivision of the subject site into two lots, 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 rural large lot single family
dwellings and cultivated fields. The surrounding area is guided to continue with rural
land uses until such time as utilities are available. The proposed subdivision will be
compatible with the existing and planned interim 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 conforms 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 lots will be accessed from Mason Avenue, which has adequate
capacity for the proposed use of the property.
M
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
Our office recommends approval of the applications as set forth below.
POSSIBLE ACTIONS
Decision 1— Zoning Map Amendment
A. Motion to recommend City Council approval 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.
B. Motion to recommend the City Council 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 subject to the following conditions:
1. A deed restriction shall be recorded with each subdivided parcel further
prohibiting further subdivision unless the lots are rezoned.
2. Right-of-way easement for the south 75 feet of 95th Street (CSAH 39) and for the
east 40 feet of Mason Avenue shall be dedicated to the City, subject to review
and approval of the City Engineer.
3. No new accesses shall be allowed to CSAH 39 and the existing access to CSAH 39
shall be relocated to Mason Avenue at such time as a building permit is issued
for the proposed north lot.
4. The design of on-site septic and well utilities shall be subject to review and
approval by the Building Official.
The administrative subdivision shall be subject to review and approval by the
Zoning Administrator.
6. The applicant shall pay a cash fee in lieu of land of $2,640.00 to satisfy park
dedication requirements applicable to the current subdivision application.
B. Motion to deny the application based on a finding that the request is inconsistent with
the provisions of the Zoning Ordinance and/or Subdivision Ordinance.
C. Adam Flaherty, City Administrator/Finance Director
Bethany Benting, Deputy City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
C9
Site Location Map
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
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Highways
Interstate
State Hwy
US Hwy
City/Township Limits
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Parcels
Torrens
Site P|@D
Overview
Legend
Roads
--csAHCL
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-- MuN|cL
-- PR}vxrcCL
—
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Highways
Interstate
State Hwy
US Hwy
City/TmwnshinLim|ts
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Parcels
[-1 Tu,,ens
D. DANIEL LICHT
From: Ray Davis <otsegoborn3@yahoo.com>
Sent: Sunday, November 22, 2020 11:41 AM
To: DDL@PlanningCo.com
Subject: Richard Gardner property
In regards to the Richard Gardner property. We have lived across the road from him on Mason for several years. We
pay taxes comparable to Martin Farms but yet we view this travesty of unfinished basements and a rickety tin fence I
can only imagine all built without permits. If he wishes to split this land off to increase his profits so be it , all I ask is to
clean up this property. It's an eye sore.
Sincerely, Raymond K Davis