ITEM 2.2I- I=M 2-2
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCTPCPPlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Arlene Lindenfelser; Zoning Map Amendment/CUP
REPORT DATE: 11 September 2014
ACTION DEADLINE: 26 October 2014
TPC FILE: 101.02
BACKGROUND
Trustees of the Arlene Lindenfelser Revocable Trust are seeking to divide the existing
single family dwelling from the balance of the 118.17 acre site used for agricultural
cultivation. The subject site is guided by the Comprehensive Plan for future low density
residential uses and is currently zoned A-1, Agriculture Rural Service District and is also
within the Shoreland Overlay District of a natural environment lake east of the property.
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 to allow for an administrative subdivision of one
lot.
Exhibits:
A. Site Location
ANALYSIS
Comprehensive Plan. 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 having an area of 118.17 acres to A-2 District. The A-2 District allows
for development at one dwelling unit per 10 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.
A subdivision was approved on 14 April 1992 subdividing one lot from the subject site
but there are 11 entitlements remaining with the property under the current
Comprehensive Plan, including the existing single family dwelling.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres
and minimum width of 450 feet. S 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. The applicant is proposing to subdivide
the existing single family dwelling onto a lot having an area of not more than 2.5 acres.
Section 20-52-5.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:
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. C 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.
2
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 area of the developed yard surrounding the existing single family dwelling is
approximately one acre in acre, which would comply with both the minimum and
maximum lot area regulations in the A-2 District and there is adequate space to comply
with applicable setback requirements. A concept plan for utilization of the balance of
the agricultural property is not necessary at this time as only the existing single family
dwelling is being subdivided. The subdivision application may be processed
administratively in accordance with Section 2 of the Subdivision Ordinance. An
application to subdivide additional lots within five years from the date of approval of an
administrative subdivision will require application for preliminary and final plat approval
as established by Section 21-2-1.0 of the Subdivision Ordinance. The remaining
agricultural parcel will be required to be deed restricted to not more than 10 additional
development rights.
Access. The subject site is accessed from Kadler Avenue, which is a paved rural
section roadway. The Kadler Avenue exists by prescriptive easement allowing the City
rights to the maintained portion of the roadway. The subdivision of the single family
dwelling on to a separate lot will not effect the capacity of the street.
Setbacks. The table below illustrates the required setbacks applicable to the subject
sites and the proposed lot to be subdivided. The proposed lot will need to demonstrate
compliance with the required minimum side and rear setbacks. The front setback of
the existing single family dwelling is not effected by the proposed subdivision.
Minimum Setbacks
Kadler
Side
Rear
Ave.
65 ft.
10 ft.
50 ft.
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 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 subject site to create an additional
lot will require 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 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.
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
20-3-21 and Section 20-4-2.17 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. The proposed rezoning will
allow for a subdivision of up to 11 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.
Comment: The proposed use is not anticipated to generate traffic that will
overwhelm the capabilities of the existing streets 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.
Comment: The proposed subdivision can be accommodated by the City's
existing service capacity.
El
RECOMMENDATION
City staff recommends approval of the requested Zoning Map amendment and CUP 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 and Preliminary/Final Plat
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 maximum area of the lot proposed to be subdivided shall be 2.5 net
acres with a minimum width of 150 feet and shall comply with all other
applicable lot and setback requirements of the A-2 District.
3. The balance of the 118.17 acre parcels shall be deed restricted after
subdivision of the single family lot to not more than ten development
rights.
4. 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.
5. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision
application.
6. 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.
5
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. Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Doug Lindenfelser/LeRoy Lindenfelser, applicants
Cel
CL
s
c
3
12