Item 4.1
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 24 February 2021
60‐DAY DATE: 7 April 2021
RE: Otsego – Bauer A‐2 District Conditional Use Permit
TPC FILE: 101.02
BACKGROUND
Roman and Michelle Bauer own 40.39 acres between two parcels located west of Kadler
Avenue at 90th Street. The property owner is proposing to subdivide the property to create
one new lot. The proposed subdivision can be processed administratively in accordance with
Chapter 4 of the Subdivision Ordinance. The property owner has submitted application to
rezone one of the existing parcels from A‐1, Agriculture Rural Service District to A‐2, Agriculture
Long Range Urban Service District and for a conditional use permit to allow for subdivision of a
lot within the A‐2 District to have an area less than 20 acres. A public hearing to consider the
application has been noticed for the Planning Commission meeting on 1 March 2021.
Exhibits:
Site Location
Concept Plan
ANALYSIS
Comprehensive Plan. The subject site is located within Urban Service Expansion Area W_
established by the 2012 Comprehensive Plan. The area is intended to remain rural in character
until such time as sewer and water utilities are available. To minimize the amount of
development outside of the designated Sewer Districts, development density within the Urban
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Service Expansion Area is limited to one dwelling per 10 acres. The parcels owned by the
property owners are identified in the below. Based on the total area of 40.69 acres, a total of
four development entitlements would be allowed for the combined properties.
PID Area
118‐800‐154402 17.53ac.
118‐800‐221102 23.16ac.
TOTAL 40.69ac.
Zoning. The 23.16 acre parcel is zoned A‐2 District and the 17.52 ace parcel is zoned A‐1
District. Development density within the A‐1 District is limited to one dwelling per 40 acres of
land. To allow for the proposed development of up to four dwellings within the subject site,
the both properties must be zoned A‐2 District.
Lot Requirements. Lots within the A‐2 District must have a minimum area of 20 acres and
minimum width of 450 feet. The City does allow for subdivided lots to conform either to a
minimum lot area of 20 acres or that all but one lot not exceed 2.5 acres in area to maintain
large tracts of land for development with availability of sewer and water utilizes and to prevent
rural subdivisions from being a physical barrier to future extension of streets and utilities.
Section 11‐52‐5.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.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 20‐
52‐6.C of this Chapter.
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c. One (1) development right as allowed by Section 20‐52‐6.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.
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 property owner is proposing to subdivide one lot at the southeast corner of the parcel
abutting Kadler Avenue. The proposed lot has an area of 4.4 acres and potentially resubdivided
into as many as three lots with areas ranging from 1.3 to 1.8 acres. The remaining area of the
two parent parcels would be 35.26 acres. The proposed lot would be deed restricted to not
more than three development entitlements with the parent parcels deed restricted to not more
than one development right for both properties. The proposed subdivision complies with the
criteria for lots less than 20 acres in area.
Access. The subject site is accessed from Kadler Avenue, which is designated as a future minor
arterial roadway by the 2012 Comprehensive Plan. Direct access to minor arterial roadways
from lots created through subdivisions is prohibited by Section 11‐21‐6.B of the Zoning
Ordinance. The subdivision concept illustrates that the property owner will dedicate right‐of‐
way for the north half of future 90th Street to be extended west of Kadler Avenue. Access to
the proposed lot would need to be constructed within the easement to align with the existing
Kadler Avenue and 90th Street intersection. If the proposed lot is further subdivided, it is
anticipated that a shared private driveway would be utilized by approval of a conditional use
permit as provided for in Section 11‐21‐6.A of the Zoning Ordinance to provide access until such
time as a public street may be constructed.
Setbacks. The table below illustrates the required setbacks of the A‐2 District. The proposed
subdivision has sufficient lot area to provide a building site that complies with required
setbacks.
Kadler
Avenue
Future
90th Street Side Rear
65ft. 35ft. 10 ft. 50ft.
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Easements. Section 11‐8‐12 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 the 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 proposed lot will require dedication of land or
a cash fee in lieu of land for park and trail purposes as provided for by Section 10‐8‐15 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 to satisfy 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 Building Official.
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 up to four rural single family 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 primarily agricultural‐rural service
area uses and large lot 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.
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Comment: The subject site is accessed from Kadler Avenue, which has adequate capacity
to serve the traffic that would be generated by rezoning and subdividing the parent
parcels.
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
City staff recommends approval of the requested Zoning Map amendment and conditional use
permit 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.
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 Chapter 4 of the Subdivision Ordinance.
2. The proposed lot shall be deed restricted to limit further subdivision of not more
than three total lots
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3. The parent parcels shall be deed restricted to limit further subdivision to one
entitlement for both properties.
4. The applicant shall dedicate a 30 foot right‐of‐way or easement for the north
one‐half of future 90th Street with the administrative subdivision, subject to
review and approval by the City Engineer.
5. The proposed lot to be subdivided shall provide drainage and utility easements
as required by Section 21‐7‐15 of the Subdivision Ordinance subject to review
and approval of the City Engineer.
6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision application.
7. The ability of the proposed lot to accommodate on‐site septic and well utilities
shall be subject to review and approval by the Building Official.
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, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Loca tio n
921 ft
Overvi ew
Legend
Roads
C SAHC L
C TYC L
MUNIC L
PRIVATEC L
TWPC L
Highw ays
Intersta te
State Hwy
US Hwy
City/T ow nship Limits
c
t
Parcels
T orr ens