ITEM 3.3TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
REPORT DATE;
ACTION DATE:
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
9 April 2019
14 May 2019
Otsego —Gilman Zoning Map amendment
101.01
ITEM 3.3
Robert and Heidi Gilman own a 5 acre parcel at 6939 Packard Avenue and they would like to
keep goats. The property is zoned R-2, Residential Long Range Urban Service District (Large
Lot), which does not allow for keeping farm animals. The property owner has applied for a
Zoning Map amendment to rezone the property to A-1, Agriculture Rural Service Area. A public
hearing has been noticed for the Planning Commission meeting on 15 April 2019 at 7:00 PM to
consider the application.
Exhibits:
Site Location Map
Urban Service Staging Plan map
ANALYSIS
Farm Animals. Keeling of farm animals is regulated by Section 11-26-4 of the Zoning
Ordinance. Section 11-26-4.F of the Zoning Ordinance allows keeping of horses on lots zoned
R-1 and R-2 District as a conditional use with performance standards that require a minimum
lot area of 2.5 acres and 200 foot setback from any property zoned R-3 District. Section 11-26-
4.G of the Zoning Ordinance allows keeping of fowl on all residentially zoned properties with
approval of an administrative permit. Keeping of all other farm animals is allowed only in the
A-1 District as a permitted use, within the A-2 District by administrative permit, and within R -C
District by conditional use permit.
Zoning. The R-2 District is a carry-over from the Wright County Zoning Ordinance that
governed land use in Otsego prior to incorporation in 1990. The purpose of the Wright County
R-2 District is to allow for rural lifestyle residential development in areas that are marginal or
non -feasible for agriculture. Existing parcels zoned R-2 District under Wright County were
zoned R-2 District as established under the Otsego Zoning Ordinance for areas guided for long-
range urban services by the Comprehensive Plan.
City records, which include property information from Wright County, and files at our office do
not indicate why the subject site and abutting property to the west were zoned R-2 District by
Wright County. Other areas zoned R-2 District are limited to subdivisions in the central portion
of the Long Range Urban Service Area designated by the Comprehensive Plan, where lots
served by on-site septic and well utilities were platted starting in the 1970s.
The intent of the Comprehensive Plan is not to expand designation of R-2 District uses that are
served by on-site septic and well utilities beyond the Long Range Urban Service Area designated
by the Comprehensive Plan. Rather, the City has invested in and planned for extension of
sewer and water utilities to support development at urban densities. The subject site is within
Urban Service Expansion Area that encompasses properties to which utilities are not currently
available but are anticipated to be in the future.
The Comprehensive Plan provides that until sewer and water utilities are available to properties
within the Urban Service Expansion Area, A-1 District zoning is to be maintained to minimize
subdivision of large tracts into smaller parcels that may become a barrier to utility (and street)
extensions. The Zoning Map amendment initiated by the property owner to rezone the subject
site from R-2 District to A-1 District would be consistent with the interim land use plan policies
of the Comprehensive Plan.
Surrounding Uses. The subject site is surrounded by the following existing and planned land
uses within Urban Service Expansion Area E2 set forth by the Comprehensive Plan:
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
A-1 District
Rural single family
East
LD Residential
A-1 District
Rural single family
South
LD Residential
A-1 District
Rural single family
West
LD Residential
R-2 District
Rural single family
The subject site abuts other +/- 5 acre parcels to the west and south that are developed with
single family homes. The properties to the south are zoned A-1 District. The property to the
west is zoned R-2 District. The property to the west is developed with a single family dwelling
and received approval of a conditional use permit in 1998 to allow the keeping of horses, which
is an on-going use of the property. Amending the Zoning Map to rezone the subject site to
allow for the existing single family dwelling with keeping of goats would not create any
compatibility issues or change the character of the area.
2
Lot Requirements. The table below outlines the lot requirements of the A-1 District and R-2
District; the minimum lot requirements are the same between the two districts. The subject
site will comply with the minimum lot requirements of the A-1 District, thus a Zoning Map
amendment rezoning the subject site to A-1 District will not create any non -conforming
conditions.
Accessory Buildings. The table below compares the accessory building allowances for the A-1
District and R-2 District. With the proposed Zoning Map amendment, the property would be
allowed a greater total square footage of detached accessory buildings, but the number of
accessory buildings and construction requirements would not be changed.
Min.
Lot Area
Min.
Lot Width
Min. Lot
Depth
Max. Lot
Cover
Setbacks
Front
Side
Rear
Al District
1.0ac.
150ft.
150ft.
5%
65ft.
10ft
50ft.
R2 District
2.5ac.
150ft.
150ft.
NA
65ft.
10ft
50ft.
Accessory Buildings. The table below compares the accessory building allowances for the A-1
District and R-2 District. With the proposed Zoning Map amendment, the property would be
allowed a greater total square footage of detached accessory buildings, but the number of
accessory buildings and construction requirements would not be changed.
RECOMMENDATION
The proposed Zoning Map amendment is a unique request to change the designation of a
property from residential to agricultural zoning. The existing residential zoning of the property
and property to the west is an isolated location within the City. The proposed agricultural
zoning designation is more consistent with the policies of the Comprehensive Plan for interim
land uses to be allowed within areas planned for urban development prior to extension of
infrastructure. The proposed agricultural zoning would also be consistent with the existing
zoning designation for similar rural residential parcels to the south of the subject site and would
not alter the character or the area or create compatibility issues. Our office recommends
approval of the requested Zoning Map amendment.
POSSIBLE ACTIONS
A. Motion to recommend approval of a Zoning Map amendment rezoning the subject site
from R-2 District to A-1 District based on a finding that the request is consistent with the
Comprehensive Plan.
3
Max.
Area
Number
Of Bldgs.
Height
Pole
Building
Al District
3,OOOsf
2
Not
Not
greater
allowed
than the
house
R2 District
2,OOOsf.
2
16ft.
Not
allowed
RECOMMENDATION
The proposed Zoning Map amendment is a unique request to change the designation of a
property from residential to agricultural zoning. The existing residential zoning of the property
and property to the west is an isolated location within the City. The proposed agricultural
zoning designation is more consistent with the policies of the Comprehensive Plan for interim
land uses to be allowed within areas planned for urban development prior to extension of
infrastructure. The proposed agricultural zoning would also be consistent with the existing
zoning designation for similar rural residential parcels to the south of the subject site and would
not alter the character or the area or create compatibility issues. Our office recommends
approval of the requested Zoning Map amendment.
POSSIBLE ACTIONS
A. Motion to recommend approval of a Zoning Map amendment rezoning the subject site
from R-2 District to A-1 District based on a finding that the request is consistent with the
Comprehensive Plan.
3
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Robert and Heidi Gilman
11
Gilman - Site Location
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
❑ c
❑ t
Parcels