Item 3.1 KollesITEM 3_1
TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Kolles; A-2 District Zoning Map Amendment/CUP
REPORT DATE: 6 August 2021
ACTION DEADLINE: 25 September 2021
TPC FILE: 101.02
BACKGROUND
John and Karla Kolles own a 40.19 acre parcel located northwest of McAllister Avenue and 77th
Street. There is currently a farmstead on the property. The property owner is proposing to
subdivide the farmstead from the balance of the property as a home site for one of their
children. The proposed subdivision may be processed administratively, but requires prior
approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service
District and a Conditional Use Permit allowing a lot in the A-2 District with an area less than 20
acres. A public hearing has been noticed for the Planning Commission meeting on 16 August
Exhibits:
A. Site Location
B. Sketch plan
ANALYSIS
Comprehensive Plan. The subject site is located within the West Sewer District and is guided
for future Low Density Residential development. The interim land use plan of the
Comprehensive Plan limits development of the property to one dwelling per 40 acres until it is
to be subdivided for development connected to sewer and water utilities. The subdivision of
the farmstead would allow for potential sale and development of the balance of the property as
guided by the Comprehensive Plan. Based on the density limit of one dwelling per 40 acres for
rural uses within the sewer district, a deed restriction will be recorded on the undeveloped
parcel to prohibit further subdivision or other homes until rezoned to an urban district and
connection utilities. The parcel with the farmstead will also be deed restricted to prohibit
further subdivision until rezoned and connected to utilities.
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 parcel to A-2 District. The A-2 District
allows for development 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.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and
minimum width of 450 feet. 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 11-52-6 of this Chapter are
complied with.
2. A concept plan utilizing all development rights allowed by Section 11-52-
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:
G. 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 11-52-6.B of this
Chapter is used for a dwelling located on the present parcel
outside of the residential cluster.
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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.
The applicant is proposing to subdivide the farmstead onto a parcel approximately 10 acres in
area. The area of the subdivided parcel is necessary to encompass the farmstead buildings and
extend the property to McAlister Avenue and 77th Street. The configuration of the proposed lot
meets the criteria established by the Zoning Ordinance to allow a lot less than 20 acres in area
but larger than 2.5 acres.
The existing parcel is a non -conforming lot without the minimum frontage to a public street.
Right-of-way for MacIver Avenue and 77th Street contacts the property at its southeast corner.
The property owner will need to establish an ingress/egress easement over the property to the
east (owned by them) to provide access to the subdivided lot. An ingress/egress easement will
also be required over the subdivided farmstead parcel to be able to access the remaining
undeveloped parcel. The undeveloped parcel also has future access to 76th Street from Martin
Farms.
Setbacks. The table below illustrates the required setbacks applicable to the subject site and
the proposed lot to be subdivided as outlined in Section 11-52-6.0 of the Zoning Ordinance.
The sketch plan illustrates that the proposed lot and existing buildings will comply with these
setbacks, which will be confirmed on a certificate of survey.
Minimum Setbacks
ROW Side Rear
Principal Building 35ft. loft. 50 ft.
Accessory Building 35ft.. loft. loft.
Park and Trail Dedication. The subdivision of the subject site to create an additional lot will is
subject to require dedication of land for park purposes. The Parks System Master Plan
designates acquisition of land from the subject site surrounding the natural environment lake
(wetland) to the north of the property as part of a greenway corridor. City staff recommends
that park dedication requirements for the proposed subdivision be deferred until the
undeveloped parcel is further subdivided to allow the City to require land dedication of land
based on the 40.19 acre area of the existing parcel for the future greenway.
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Utilities. The farmstead is served by an existing individual on-site septic and well. The property
owner is proposing to demolish the existing single family dwelling and construct a new home.
Construction of the new home will require the property owner to demonstrate that the existing
septic system complies with current rules and is adequately sized for the new dwelling. The
existing on-site utilities are subject to review and approval by the Building Official.
Easements. Section 10-8-12 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 subdivide the lot administratively and
are 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 11-3-2.F and
Section 11-4-2.F of the Zoning Ordinance:
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. Sewer and water utilities are available
at the west line of the property. The proposed rezoning will allow for a subdivision of the
existing farmstead allowing for potential development of the balance of the property as
guided by the Comprehensive Plan consistent with the interim land use plan policies.
The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site abuts single family lots within Martin Farms to the west and
cultivated fields and rural single family dwellings to the south, east, and north. guided
for rural land uses until such time as urban services are available. 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 use is not anticipated to generate additional traffic as there will
not be an increase in the number of dwelling units as a result of the subdivision.
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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:
The application for administrative subdivision shall be submitted and processed
in accordance with Section 4 of the Subdivision Ordinance.
The parcels shall be deed restricted to limit further subdivision in accordance
with the density limits of the A-2 District.
The property owner shall dedicate an ingress/egress easement over the property
to the east and the proposed subdivided parcel allowing access to McAllister
Avenue and 77th Street.
Park dedication requirements for the proposed administrative subdivision
application shall be deferred until the undeveloped parcel is subdivided and shall
be based on 40.19 acres.
6. The existing on-site septic and well utilities shall be subject to review and
approval by the City Building Official.
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.
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.
Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
Barb Williams, Building Technician
David Kendall, City Attorney
ON
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