Item 4.1 Subdivision Ordinance Application Procedures3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Otsego Planning Commission
FROM: D.Daniel Licht
DATE: 11 June 2025
RE: Otsego – Subdivision Ordinance; Application Procedures
TPC FILE: 101.01
BACKGROUND
City staff initiated a review of Title 10, Chapter 2 of the City Code establishes application
procedures within the Subdivision Ordinance. This review is undertaken initially to respond to
recommendations from the City Attorney to include language outlining an appeals process to the
District Court should a subdivision application be denied by the City Council.
However, our office is recommending a more comprehensive rewriting of the chapter to provide
clarity on the subdivision review process and to have such processes reflect current City practices.
We are also recommending adoption of provisions requiring review of common interest community
(condominium) subdivisions, which are not currently addressed by the Subdivision Ordinance but
subject to City approval.
Proposals to amend the application procedures of the Subdivision Ordinance do not require a
public hearing. The proposed amendments are to be considered by the Planning Commission at
their meeting on 16 June 2025.
Exhibits:
Draft ordinance
ANALYSIS
Submission Requirements. The Subdivision Ordinance establishes procedures for subdivision
applications. The current provisions require applicants to submit multiple paper copies of
application information for City staff review. However, the City currently accepts and encourages
application information to be submitted electronically. The proposed amendments eliminate the
requirement for hard copies of information to be submitted. The proposed amendment also
Item 4.1
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revises the number of days for City staff to inform an applicant if the application is complete to be
the 15 days as required by Minnesota Statutes 15.99.
Appeals. The Zoning Ordinance was amended in 2020 to respond to the Minnesota Supreme Court
decision related to appeals of zoning decisions in the case of Schultz v. Town of Duluth, which
upheld a city’s authority to enact, via the City Code, a limit the time to appeal a City’s zoning
decisions to the district court. The City Attorney recommends amending the Subdivision
Ordinance to enact the same time limit to appeal City decisions related to subdivision
applications.
CIC Plats. Condominium forms of ownership are subject to the provisions of the City’s development
regulations. The Subdivision Ordinance currently does not address review and approval of
condominiums even though these have the effect of subdividing property. City staff is proposing to
add a review process for City approval of condominiums to allow opportunity to verify compliance
with the Zoning Ordinance and Subdivision Ordinance. The proposed review process for
condominium applications would follow that of final plats requiring a recommendation of the
Planning Commission only if referred by the Zoning Administrator prior to City Council
consideration.
RECOMMENDATION
City staff recommends approval of amendments of the Subdivision Ordinance, as presented.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of amendments of the Subdivision Ordinance,
as presented.
B. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
David Kendall, City Attorney
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2025-XX
AN ORDINANCE AMENDING SUBDIVISION ORDINANCE PROCEDURES
THE OTSEGO CITY COUNCIL ORDAINS:
Section 1. Section 10-5-1 of the Subdivision Ordinance (Filing and Review Procedures – Preapplication
Meeting) is hereby repealed in its entirely and amended to read as follows:
10-5-1: SKETCH PLAN REVIEW:
A. Prior to the preparation of a preliminary plat, a subdivider is encouraged to meet with the proper City
staff in order to be made aware of all applicable ordinances, regulations, and plans in the area to be
subdivided so that the subdivider may demonstrate that the proposed subdivision will provide for
consideration of adjacent land uses and community facilities that would serve it.
B. The subdivider shall submit electronic files of the sketch plan to the Zoning Administrator illustrating the
proposed layout of streets within the proposed subdivision and adjacent to or connecting with abutting
development, lots, proposed parks and open space, unique land characteristics, general topography,
100-year flood plain, wetlands, major drainage patterns, and written data including the approximate
number of lots, typical lot area, width, and depth, and what zoning amendments, conditional use
permits, or variances would be required.
C. The subdivider may request that the Zoning Administrator refer the sketch plan to the Planning
Commission and City Council for review and informal comment.
D. Referral to the Planning Commission and City Council:
1. The subdivider shall prepare a request for sketch plan review, as provided within this title, which
shall be filed with the Zoning Administrator on an official application form.
2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code.
3. Public Hearing: Upon receipt of the completed application, the City Clerk shall set a public
hearing for review of the preliminary plat to be held by the Planning Commission:
a. Notice of the hearing shall consist of a description of the property proposed to be
subdivided and of the request shall be published in the official newspaper at least ten
(10) days prior to the hearing.
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b. Written notification of the public hearing shall be mailed at least ten (10) days prior to
the hearing to all property owners within three hundred fifty feet (350') of the property
in question.
c. A copy of the public hearing notice and a list of the property owners and addresses to
which the public hearing notice was sent shall be attested and made a part of the
records of the proceeding.
d. Failure of a property owner to receive said public hearing notice shall not invalidate any
proceedings as set forth in this chapter, provided a bona fide attempt has been made
to comply with the notice requirements of this chapter.
4. Technical Reports:
1. The Zoning Administrator shall instruct City staff, including but not limited to, the City
Planner, City Engineer, Building Official, and City Attorney, and other agencies as
appropriate, to prepare technical reports and provide general assistance in preparing a
recommendation on the requested action to the City Council.
2. The City shall have the authority to request additional information from the applicant
concerning the proposed subdivision and its operational factors or impact, or to retain
expert testimony with the consent and at the expense of the applicant concerning
operational factors or impacts, when said information is to be declared necessary to
establish performance conditions in relation to all pertinent sections of this title.
3. Failure on the part of the applicant to supply all necessary supportive information may
be basis for denial of the request.
5. Planning Commission Recommendation:
1. The Planning Commission shall conduct the required public hearing to be held for
consideration of the sketch plan.
2. The applicant or a designated representative thereof shall appear before the Planning
Commission at the public hearing in order to answer questions concerning the proposed
subdivision.
3. The Planning Commission shall report its informal comments to the City Council after
the close of public hearing; if the Planning Commission has not acted upon the sketch
plan within sixty (60) days after opening a public hearing, the City Council may act on
the sketch plan without the Planning Commission's recommendation.
6. City Council Action:
1. Upon receiving the comments of the Planning Commission, the request shall be placed
on the agenda of the City Council; the reports and comments of the official record of
the Planning Commission shall be entered in and made part of the permanent written
record of the City Council meeting.
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2. The City Council shall have the option to schedule and hold a public hearing if deemed
necessary and shall make a record of any informal comments it considers relevant to
protect the public health, safety, and welfare.
3. The City Council shall provide informal comment within one hundred twenty (120) days
following receipt of an application completed in compliance with this title unless an
extension of the review period has been agreed to by the applicant and the City.
7. Informal Comment. The comments provided by City staff, the Planning Commission and City
Council in review of a sketch plan application are not binding upon either the subdivider or the
City and provide no entitlement to approval of a subdivision application under this title; said
comments are intended only to provide the subdivider guidance in preparation of an application
for preliminary plat as to the proposed subdivision compliance with the polices, plans,
regulations, and standards established by the official controls of the City.
Section 2. Section 10-5-2 of the Subdivision Ordinance (Filing and Review Procedures – Preliminary Plat)
is hereby repealed in its entirety and amended to read as follows:
10-5-2: PRELIMINARY PLAT:
A. Application:
1. The subdivider shall prepare a request for preliminary plat, as provided within this title, which
shall be filed with the Zoning Administrator on an official application form.
2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code.
3. An application shall also be accompanied by electronic copies of a preliminary plat and
supportive information in conformity with requirements of section 10-7-2 of this title.
4. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along
with any unrecorded documents, an Opinion of Title, and a legal description of the property to
be subdivided.
5. The preliminary plat shall be considered as being complete for review only when there is
compliance with all of the information requirements and the appropriate fees and escrows have
been submitted.
B. Public Hearing: Upon receipt of the completed application, the City Clerk shall set a public hearing for
review of the preliminary plat to be held by the Planning Commission:
1. Notice of the public hearing shall consist of a description of the property to be preliminary
platted and of the request shall be published in the official newspaper at least ten (10) days prior
to the hearing.
2. Written notification of the public hearing shall be mailed at least ten (10) days prior to the
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hearing to all property owners within three hundred fifty feet (350') of the property in question.
3. A copy of the public hearing notice and a list of the property owners and addresses to which the
public hearing notice was sent shall be attested and made a part of the records of the
proceeding.
4. Failure of a property owner to receive public hearing notice shall not invalidate any proceedings
as set forth in this chapter, provided a bona fide attempt has been made to comply with the
notice requirements of this chapter.
C. Technical Reports:
1. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner,
City Engineer, Building Official, and City Attorney, and other agencies as appropriate, to prepare
technical reports and provide general assistance in preparing a recommendation on the
requested action to the City Council.
2. The City shall have the authority to request additional information from the applicant
concerning the proposed subdivision and its operational factors or impact, or to retain expert
testimony with the consent and at the expense of the applicant concerning operational factors
or impacts, when said information is to be declared necessary to establish performance
conditions in relation to all pertinent sections of this title.
3. Failure on the part of the applicant to supply all necessary supportive information may be basis
for denial of the request.
D. Planning Commission Recommendation:
1. The Planning Commission shall conduct the required public hearing to be held for consideration
of the preliminary plat.
2. The applicant or a designated representative thereof shall appear before the Planning
Commission at the public hearing in order to answer questions concerning the proposed
request.
3. The Planning Commission may recommend any condition of approval it considers necessary to
protect the public health, safety, and welfare; provide consistency with the Comprehensive
Plan; or ensure compliance with this title.
4. The Planning Commission shall make its recommendation to the City Council after the close of
public hearing; if the Planning Commission has not acted upon the preliminary plat within sixty
(60) days after opening a public hearing, the City Council may act on the preliminary plat without
the Planning Commission's recommendation.
E. City Council Action:
1. Upon receipt of the recommendation of the Planning Commission, the request shall be placed
on the agenda of the City Council; the reports and recommendations of the official record of the
Planning Commission shall be entered in and made part of the permanent written record of the
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City Council meeting.
2. The City Council shall have the option to schedule and hold a public hearing if deemed necessary.
3. The City Council impose any condition of approval it considers necessary to protect the public
health, safety, and welfare; provide consistency with the Comprehensive Plan; or ensure
compliance with this title.
4. The City Council shall approve or disapprove the preliminary plat within one hundred twenty
(120) days following receipt of an application completed in compliance with this title unless an
extension of the review period has been agreed to by the applicant and the City.
5. If, upon receiving said reports and recommendations of the Planning Commission and City staff,
the City Council finds that specific inconsistencies exist in the review process and thus the final
decision of the City Council will differ from the recommendation of the Planning Commission,
the City Council may, before taking final action, refer the matter back to the Planning
Commission for further consideration. The City Council shall provide the Planning Commission
with a written statement detailing the specific reasons for referral. This procedure shall be
followed only one time on a singular action.
5. If the preliminary plat is not approved by the City Council, the reasons for such action shall be
recorded in the proceedings of the Council and shall be transmitted to the applicant. If the
preliminary plat is approved, such approval shall not constitute final acceptance of the design
and layout. Subsequent approval will be required of the engineering proposals and other
features and requirements as specified by this title to be indicated on the final plat. The City
Council may impose such conditions and restrictions as it deems appropriate or require such
revisions or modifications in the preliminary plat or final plat as it deems necessary to protect
the health, safety, comfort, general welfare and convenience of the City.
6. The City Council reserves the right to decline approval of a preliminary plat if due regard is not
shown for the preservation of all natural features, such as topography, trees, watercourses,
scenic points, prehistoric and historical spots, and similar community assets which, if preserved,
will add attractiveness and stability to the proposed development of the property.
7. All decisions made by the City Council regarding a preliminary plat shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after delivery of the
decision to the appellant, to the District Court in Wright County. Any person seeking judicial
review under this section must serve the City and all necessary parties, including any
landowners, within the thirty (30) day period defined above.
F. Effect of Approval:
1. Following City Council approval of a preliminary plat, the applicant must submit a final plat to
the City within one (1) year of preliminary approval unless otherwise specified as a condition of
approval or provided for by a development contract otherwise approval of the preliminary plat
shall be considered void.
2. The City Council may grant an extension of the preliminary plat approval of up to one (1) year,
provided that:
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a. The extension is requested in writing and filed with the Zoning Administrator at least
thirty (30) days prior to the expiration of the initial preliminary plat approval.
b. The request for extension states facts demonstrating that a good faith attempt has been
made to complete subdivision.
c. The circumstances related to the preliminary plat approval, including compliance with
official controls, has not changed to such extent that the preliminary plat is no longer
consistent or compliance with the requirements of the City.
G. Amendment: A subdivider may propose an amendment to modify an approved preliminary plat. No
changes in the approved plans, intensity or scope of the subdivision shall, however, be undertaken
without prior approval of those changes by the City. Requests for amendment of a preliminary plat shall
be processed according to section 10-5-2 of this chapter as the initial preliminary plat application and
shall be subject to all requirements and standards of this title.
Section 3. Section 10-5-3 of the Subdivision Ordinance (Filing and Review Procedures – Final Plat) is
hereby amended to read as follows:
10-5-3: FINAL PLAT:
A. Application:
1. After the preliminary plat has been approved, the subdivider shall prepare a request for final
plat, as provided within this title, which shall be filed with the Zoning Administrator on an official
application form.
2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code.
3. The Zoning Administrator may approve to process the applications for preliminary plat and final
plat concurrently.
4. The final plat application shall not be considered complete unless the applicant has submitted
construction plans as required by section 10-10-2 of this title approved and signed by the City
Engineer.
5. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along
with any unrecorded documents, and an Opinion of Title.
6. The common interest community shall be considered as being complete for review only when
there is compliance with all of the information requirements and the appropriate fees and
escrows have been submitted.
B. Technical Reports:
1. The final plat, including all information outlined in section 10-7-3 of this title, shall be submitted
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as electronical files to the Zoning Administrator.
2. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner,
City Engineer, Building Official, and City Attorney, and other agencies as appropriate, to prepare
technical reports and provide general assistance in preparing a recommendation on the
requested action to the City Council.
C. Consistency with Preliminary Plat. The final plat shall strictly conform to the approved preliminary plat,
including incorporation of all changes, modifications, and revisions required of the approved preliminary
plat.
D. Planning Commission Recommendation. Planning Commission review of a final plat application is not
required; the City Council may refer the final plat to the Planning Commission for recommendation if it
finds that the proposed final plat is substantially different from the approved preliminary plat or the
requirements of the preliminary plat are not resolved.
E. City Council Action:
1. The City Council shall take action on a final plat not more than sixty (60) days after the plat is
filed with the City following receipt of an application completed in compliance with this title
unless an extension of the review period has been agreed to by the applicant and the City.
2. Prior to recording of a final plat, the applicant shall execute a development contract, including
establishment of required securities and payment of required fees and escrow monies, with the
City as required by chapter 10 of this title.
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3. The subdivider and the designated representatives of the City shall sign the approved final plat
within sixty (60) days of City Council approval unless otherwise specified as a condition of
approval or provided for by a development contract otherwise approval of the final plat shall be
considered void.
4. The City Council may grant an extension for execution of the final plat approval of up to one (1)
year, provided that:
a. The extension is requested in writing and filed with the Zoning Administrator at least
thirty (30) days prior to the expiration of the initial final plat approval.
b. The request for extension states facts demonstrating that a good faith attempt has been
made to complete subdivision.
c. The circumstances related to the preliminary plat approval, including compliance with
official controls, has not changed to such extent that the preliminary plat is no longer
consistent or compliance with the requirements of the City.
d. The subdivider shall be responsible for providing securities based on current
construction cost estimates and payment of city fees or cash escrows in accordance with
the current fee schedule in effect at the time the final plat is recorded.
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5. The City Clerk shall record the signed final plat, executed development contract, and any
documents related thereto with the Wright County Recorder.
6. If the final plat is not approved, the reasons for such action shall be recorded in the official
proceedings of the City and shall be transmitted to the applicant.
7. All decisions made by the City regarding a final plat shall be final, except that any aggrieved
person shall have the right to appeal within thirty (30) days after delivery of the decision to the
appellant, to the District Court in Wright County. Any person seeking judicial review under this
ordinance must serve the City and all necessary parties, including any landowners, within the
thirty (30) day period defined above.
F. Amendment: A subdivider may propose an amendment to modify an approved final plat. No changes in
the approved plans, intensity or scope of the subdivision shall, however, be undertaken without prior
approval of those changes by the City. Requests for amendment of a preliminary plat shall be processed
according to section 10-5-3 of this chapter as the initial preliminary plat application and shall be subject
to all requirements and standards of this title.
Section 4. Title 10, Chapter 2 of the Subdivision Ordinance (Procedures for Filing and Review) is
hereby amended add the following section with subsequent sections renumbered accordingly:
10-5-4: COMMON INTEREST COMMUNITIES: Minnesota Statutes 515B.1-106 makes applicable the
requirements and standards of the Subdivision Ordinance, Zoning Ordinance, and City Code to the common
interest community form of property ownership subdivision; a proposed common interest community shall be
subject to the following provisions:
A. Application:
1. The subdivider shall prepare a request for a common interest community, as provided within
this title, which shall be filed with the Zoning Administrator on an official application form.
2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code.
3. An application shall also be accompanied by electronic copies of a common interest community
and supportive information in conformity with requirements of section 10-7-3 of this title.
4. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along
with any unrecorded documents, an Opinion of Title, and a legal description of the property to
be subdivided.
5. The common interest community shall be considered as being complete for review only when
there is compliance with all of the information requirements and the appropriate fees and
escrows have been submitted.
B. Technical Reports:
1. Electronic files shall be submitted to the Zoning Administrator of the following information
regarding the common interest community, including:
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a. All information outlined in section 10-7-3 of this title as determined applicable by the
zoning administrator.
b. Proposed declaration and bylaws prepared in accordance with Minnesota Statutes
515B, as may be amended.
2. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner,
City Engineer, Building Official, and City Attorney, and other agencies as appropriate, to prepare
technical reports and provide general assistance in preparing a recommendation on the
requested action to the City Council.
C. Planning Commission Recommendation. Review of a common interest community application by the
Planning Commission is not required; the City Council may refer the common interest community
application to the Planning Commission for recommendation if it determines such review is necessary.
D. City Council Action:
1. The City Council shall take action on a final plat not more than sixty (60) days after the plat is
filed with the City.
2. If accepted, the common interest community shall be approved by resolution, providing for the
acceptance of all agreements for basic improvements, public dedication and other requirements
as indicated by the city council.
3. If disapproved, the basis for any refusal to approve a common interest community shall be set
forth in the proceedings of the council and reported to the person or persons applying for such
approval within ten (10) days of the city council’s action.
4. All decisions made by the city council regarding a common interest community shall be final,
except that any aggrieved person shall have the right to appeal within thirty (30) days after
delivery of the decision to the appellant, to the District Court in Wright County. Any person
seeking judicial review under this section must serve the City and all necessary parties, including
any landowners, within the thirty (30) day period defined above.
D. Special Assessments: When any existing special assessments which have been levied against the
property described shall be divided and allocated to the respective units in the proposed common
interest community, the Finance Director shall estimate the clerical cost of preparing a revised
assessment roll, filing the same with the County Auditor, and making such division and allocation, and
upon approval by the council of such cost, the same shall be paid to the City Clerk before the common
interest community approval.
E. Recording:
1. If the common interest community is approved by the City Council, the subdivider shall record
it with the Wright County Recorder within sixty (60) days after said approval or approval of the
common interest community shall be considered void, unless a request for time extension is
submitted in writing and approved by the City Council; the subdivider shall, immediately upon
recording, furnish the City Clerk with evidence of the recording.
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2. No building permits shall be let for construction of any structure on any lot in said common
interest community plat until the City has received evidence of the common interest community
plat being recorded by the Wright County.
F. Amendment: Amendments to the declaration of an existing common interest community or further
subdivision of units within an existing common interest community may be proposed at any time and
shall be processed according to section 10-5-4 of this chapter as the initial common interest community
application and shall be subject to all requirements and standards of this title.
Section 5. This Ordinance shall be effective upon its passage and publication according to law.
(Remainder of page intentionally blank signatures follow)
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ADOPTED by the Otsego City Council this 27th day of May, 2025.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk