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ORD 02-08ORDINANCE NO.: 2002-08 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FORA CHANGE IN ZONING CLASSIFICATION FOR PROPERTY OWNED BY ED AND BETH SPECHT. 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 an A-2, Agriculture - Long Range Urban Service Area 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. A D by the Otsego City Council this 22th day of April 2001. CITY OF OTSEGO BY 6a;rry F ier, Mayor Jod* Hud4o% Zoning Administrator/City Clerk 793981 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA Applicant: Ed and Beth Spect. 415-02 Zoning Map Amendment Findings of Fact & Decision Request: Consideration of a Zoning Map amendment to rezone property located along Mason Avenue south of CSAH 39 from A-1 District to A-2 District to allow development of single family uses. City Council Meeting Date: 22 April 2002 Findings of Fact: 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: 1. The legal description of the property is described by attached Exhibit A. 2. The 87.5 acre property lies within the Urban Service Reserve Area and is guided for agriculture land uses by the 2002 Comprehensive Plan Update, as amended. 3. The property is zoned A-1, Agricultural Rural Service District; The applicant is requesting the property be rezoned to A-2, Agriculture Long Range Urban Service District to allowfor a lot division resulting in two single family dwellings (one existing / one new home); Single family uses are permitted uses of the A-2 District. 4. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding The Comprehensive Plan outlines a limited density allowance intended to provide opportunities for rural character development in areas not planned for sanitary sewer service. The 2002 Comprehensive Plan update specifies that non- farm subdivisions in the Urban Service Reserve Area are to be limited to a minimum lot size of or a maximum 2.5 acre lot size if less than 20 acres. In that the applicant submitted their development application prior to adoption of the 2002 Comprehensive Plan Update, it is reasonable that the provisions of the 1998 document apply. In this context, the proposed rezoning is consistent with the City's polices for rural unsewered development. B. The proposed use's compatibility with present and future land uses of the area. Finding. This area along Mason Avenue has developed with several large rural lot parcels with single family homes. The proposed lot division and keeping of horses is consistent with this character. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed division and keeping of horses will conform to all applicable requirements. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed division and keeping horses is not expected to cause any negative effects as it is consistent with the framework of the 1998 Comprehensive Plan under which application was made and character of the area. E. 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. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Mason Avenue has necessary capacity for any additional traffic created by the property division and construction of another single family home. G. 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 not anticipated to have a negative impact to the City's service capacity. 5. The planning report dated 10 April 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 April 2002 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 and recommended by a -1-0 vote that the City Council approve the Zoning Map amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Zoning Map amendment is hereby approved based on the most current plan and information received to date. 2 PASSED the Otsego City Council this 22nd day of April, 2002. CITY OF OTSEGO By' arty Fo ie r, Mayor Attest: w V�Wkw J d*Hu, Zoning Administrator/City Clerk 793981 3 EXHIBIT A PID 118-500-194200 NW %a OF SE A EX E 330 FT ALSO W %z OF NE A EX TR DES IN BK 287 - 848 EX TR DES IN BK 288 - 252 EX TR DES IN BK 293-47 EX TR DES IN BK 74- 371 EX TR DES IN BK 82 MIS 274 EX TR DES IN 305-776 EX TR DES IN BK 288 - 250 EX TR DES IN BK 287 - 467 Range 23, Section 19, Township 121 City of Otsego County of Wright