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ORD 03-22ORDINANCE NO.: 2003-22 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 LAND TO BE DEVELOPED AS PART OF THE OTSEGO WEST 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, Agriculture Rural Service District designation to a R-4, Residential Urban Single Family 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 and the filling of a final plat. Um ED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO Hud�ok Zoning Administrator/City Clerk Published: 09-17-03 Elk River Star News Posted: 09-11-03 City Hall ORDINANCE NO.: 2003-22 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 LAND TO BE DEVELOPED AS PART OF THE OTSEGO WEST 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, Agriculture Rural Service District designation to a R-4, Residential Urban Single Family 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 and the filling of a final plat. P-AjSSED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO • Viier, Mayor Zoning Administrator/City Clerk Published: 09-17-03 Elk River Star News Posted: 09-11-03 City Hall • CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Otsego West, LLC. • 09-02-03 FINDINGS & DECISION PRELIMINARY PLAT APPLICATION: Request for preliminary plat approval for a 144 lot single family subdivision to be known as "Otsego West". CITY COUNCIL MEETING: 8 September 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 property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-4, Residential Urban Single Family District consistent with the Comprehensive Plan. The R-4 District allows for single family uses as a permitted use. D. The preliminary plat consists of 144 single family lots, three outlots and land to be dedicated for development of a public park. E. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 26 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for preliminary plat approval of Otsego West is hereby approved based on the most current plan and information received to date, subject to the following conditions: Approval of the preliminary plat does not guarantee access to sanitary sewer capacity. Sanitary sewer capacity shall be allocated only to approved final plats with executed development contracts to assure the City of timely development. 2. A final plat application shall not be approved prior to final plat approval and execution of development contracts for the Martin Farms and Zimmer Farms subdivisions to provide for extension of sanitary sewer and water utilities to serve the subject site. 3. The applicant shall improve 67th Street to a local urban section from the east line of Zimmer Farms to its intersection with Avenue D. Lots within Block 2 shall access only to Street 3 to allow for future relocation of 67th Street. The applicant shall agree that future vacation of the existing 67th Street right-of-way is to be turned back entirely to the property to the north to provide for relocation of the roadway within that parcel. 4. The preliminary plat is revised to provide the two ponding areas at the south east corner of the subject site within the rear yards of lots with access to the east provided at a location meeting the 1,200 block length limit established by the Subdivision Ordinance. The preliminary plat is also revised to extend the side lot lines within Block 4 to include the ponding area currently within Outlot A. 5. The preliminary plat is revised to illustrate a 40 foot principal building setback from all wetland areas as required by Section 20-16-9.E of the Zoning Ordinance. 6. The applicant shall provide for extension of Avenue D the full frontage of the park parcel and dedication of the park parcel with the first phase final plat. 7. All grading, utilities and easements are subject to review and approval of the City Engineer. 8. The applicant shall enter into a development contract upon approval of a final plat and pay all applicable fees and securities, subject to review and approval of the City Attorney. 9. The dwellings on Lots 1-3 of Block 9 shall all be constructed to "front' Avenue A or the preliminary plat is revised to eliminate Lot 2, Block 9, subject to review and approval of City Staff. PASSED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO By:,( -;ew xe'tle-z� Larry F ier, Mayor Attes . J Fu oning Administrator/City Clerk 2 • CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Otsego West, LLC. • 09-02-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment to rezone land included as part of the Otsego West preliminary plat from A-1 District to R-4 District. CITY COUNCIL MEETING: 8 September 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 property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. The applicant has requested a rezoning to R-4, Residential Urban Single Family District for development of single family residential lots. The R-4 District allows for single family uses as a permitted use. D. The Planning Commission and City Council are to evaluate the application based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject site is guided by the Comprehensive Plan for low density residential uses. Low density residential use is defined as having less than four units per gross acre and generally consisting of single family housing. The proposed development is all single family housing on lots larger than 12,000 square feet with a density of 2.0 units per acre. The proposed preliminary plat adds to the available single family lots within the west sanitary sewer service district balancing the housing supply. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded by the following existing and planned land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Agriculture East Agriculture A-2 District A-1 District Agriculture South LD Residential A-1 District Agriculture West LD Residential R-6 District Zimmer Farms 0 • The Zimmer Farms plat provides for transition to single family uses such as proposed for the subject site. Similar uses may be expected to develop to the north and south of the subject site. Future use of the areas east of the subject site, which are outside of the west sanitary sewer service district, have not been determined. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed preliminary plat will be required to meet all applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed preliminary plat is a logical extension of urban development utilizing infrastructure being installed as part of the Martin Farms and Zimmer Farms developments. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed preliminary plat will have access to an upgraded Maclver Avenue, which will be the primary collector street for development in the west sanitary sewer service district. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is anticipated to provide for more full utilization of planned infrastructure improvements being installed as part of the Martin Farms and Zimmer Farms developments. E. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 26 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 26 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment related to the Otsego West preliminary plat is hereby approved based on the most current plan and information received to date. 2 • 0 PASSED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO By' ar4Fier,Mayor /City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A