ORD 03-10ORDINANCE NO.:?oo,3=10
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO
TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PROPERTY
INCLUDED AS PART OF THE KITTREDGE CROSSING PRELIMINARY PLAT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby
amended to change the zoning classification of the property legally described by Exhibit A
(the "property").
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service
District designation to a PUD, Planned Unit Development District designation.
Section 3. The Zoning Administrator is hereby directed to make appropriate
changes to the official Zoning Map of the City of Otsego to reflect the change in zoning
classification set forth above.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication.
its 12th day of May, 2003.
CITY OF OTSEGO
rry Fou ier, Mayor
:y Clerk
Posted: May 14, 2003
Published: Elk River Star News 05-21-03
CITY OF
0TSEGo
WRIGHT COUNTY, MINNESOTA
APPLICANT: Darrel A. Farr Development Corp.
05-07-03
FINDINGS & DECISION
Negative Declaration for EIS
APPLICATION: Consideration of an Environmental Assessment Worksheet related to the Kittredge
Crossing preliminary plat.
CITY COUNCIL MEETING: 12 May 2003
FINDINGS: Based upon review of the application, the recommendation of the Planning Commission,
and evidence received, the City Council of the City of Otsego now makes the following findings of fact:
A. The legal description of the subject site is attached as Exhibit A.
B. The project lies within the west sanitary sewer service district and is guided for a mix of
residential, commercial and industrial land uses by the Otsego Comprehensive Plan, as amended
on 9 December 2003.
C. The project is zoned PUD District for development of the mix of land uses identified on the
approved PUD Master Guide Plan.
D. The project requires preparation of a mandatory EAW pursuant to Minnesota Rules 4410.4300
Subp. 19 and Subp. 36.A.
E. The EAW was approved by the Otsego Zoning Administrator for distribution was published in the
Environmental Quality Board Monitor on 31 March 2003. The 30 day comment period ended 30
April 2003.
F. Section 20-38-3.D.4 of the Zoning Ordinance required the City Council to base its decision on the
need for an Environmental Impact Statement (EIS) and the proposed scope of an EIS on the
information gathered during the EAW process and on the comments received on the EAW.
Pursuant to Minnesota Rules 4410.1700, in deciding whether a project has the potential for
significant environmental effects, the following factors shall be considered:
a. Type, extent and reversibility of environmental effects.
b. Cumulative potential effects of related or anticipated future projects.
C. The extent to which the environmental effects are subject to mitigation by ongoing public
regulatory authority.
d. The extent to which environmental effects can be anticipated and controlled as a result of
other environmental studies undertaken by public agencies or the project proposer, or of
EISs previously prepared on similar projects.
G. The EAW prepared by MFRA Inc. is incorporated herein.
H. The planning reports dated 30 April 2003 prepared by the City Planner, Northwest Associated
Consultants, Inc., are incorporated herein.
The engineering reviews dated 14 April 2003 and 28 April 2003 prepared by the City Engineer,
Hakanson Anderson Associates, Inc., is incorporated herein.
J. The Otsego Planning Commission conducted a public hearing at their regular meeting on 21 April
2003 to consider the application, preceded by published and mailed notice. Upon review of the
application and evidence received, the Otsego Planning Commission continued the public
hearing to their meeting on 5 May 2003.
K. The applicant submitted revised plans that were reviewed by the Planning Commission at their
meeting on 5 May 2003. After reviewing the revised plans and other evidence received, the
Planning Commission closed the public hearing and recommended by a 5-0 vote that the City
Council make a finding that the request does not have the potential for significant environmental
effects and preparation of an EIS is not necessary based on the aforementioned findings.
L. The letter from the Department of Natural Resources dated 7 April 2003 is incorporated herein.
No other comments regarding the EAW were received during the 30 -day comment period.
DECISION: Based on the foregoing information and applicable ordinances, the proposed Arbor Creek
does not have potential for significant environmental effects and that preparation of an EIS is not to be
required based on a review of the submitted EAW and evidence received, subject to the following
condition:
The project shall proceed in conformance with the preliminary plat and applicable stipulations
approved 12 May 2003 by the City Council.
PASSED by the Otsego City Council this 12th day of May, 2003.
CITY OF OTSEGO
By:
rnier, Mayor
Larry F
Attest: OJ'As-�ft
J u s n, Zoning Administrator/City Clerk
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ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A