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ITEM 4.1 Gilman Zoning MapTY 06eOF o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 April 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.1— Gilman Zoning Map STRATEGIC VISION MEETS: THE CITY OF OTSEGO: ARE YOU SEEKING APPROVAL OF A CONTRACT? Is a strong organization that is committed to leading the community through innovative communication. No Has proactively expanded infrastructure to responsibly provide core services. BACKGROUND/JUSTIFICATION: Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. property to A-1, Agriculture Rural Service Area as keeping farm animals is a permitted use within the A-1 Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of an ordinance amending the Zoning Map. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 15 April 2019 BACKGROUND/JUSTIFICATION: 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 as keeping farm animals is a permitted use within the A-1 District. The Planning Commission held a public hearing to consider the application at their meeting on 15 April 2019. Mr. and Ms. Gilman were present and discussed their interest in keeping goats. Residents of rural residential properties to the west and north spoke during the public hearing in support of the request. The property owner to the west specifically said that they would be interested in rezoning their property, which is also zoned R-2 District as outlined in the planning report, to A-1 District to allow greater opportunity for keeping horses allowed under their current CUP or other farm animals without the effort, time, and cost of a conditional use permit process. The Planning Commission discussed how keeping of animals is regulated within the A-1 District. The City limits the total number of animals allowed by a measure of animal units defined by the Minnesota Department of Agriculture. A horse is 1.0 animal units whereas a goat is 0.1 animal unit and no property in Otsego is allowed to keep more than 10 animal units. There are also manure handling standards adopted as part of the Zoning Ordinance. The Public Hearing was closed and the Planning Commission voted 7-0 to recommend approval of the requested Zoning Map amendment. The City cannot impose conditions on applications for Zoning Map amendments so none are recommended. City staff has drafted findings of fact consistent with the recommendation of the Planning Commission, which are attached hereto for review and action by the City Council. SUPPORTING DOCUMENTS ATTACHED: Planning Report dated 9 April 2019 Findings of Fact and Decision Ordinance 2019-09 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2019-09 amending the Zoning Map for the Robert E Gilman Trust based upon the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: NA TPC 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 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. Max. Area Number Of Bldgs. Height Pole Building Al District 3,000sf 2 Not Not greater allowed than the house R2 District 2,000sf. 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. 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. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Robert and Heidi Gilman M Gilman - Site Location Overview Legend Roads CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits ❑ c ❑t E1 Parcels TPC a 0.25 0.5 I URBAN SERVICE �Hakanson mll� I ■�lAnderson STAGING PLAN 0 J kN 2012 Dber 2015 2018 ember 2018 DISCLAIMER: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. 0tse F o MINNESOTA C APPLICANT: Robert E. Gilman Trust APPLICATION: Request for a Zoning Map amendment. CITY COUNCIL MEETING: 22 April 2019 16 Apr 19 FINDINGS & DECISION ZONING MAP AMENDMENT FINDINGS: Based upon review of the application and evidence received, the Otsego City Council 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 Urban Service Expansion Area and is guided for low density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-2, Residential Long Range Urban Service Area (Large Lot); the applicant is requesting a Zoning Map amendment rezoning the property to A-1, Agriculture Rural Service Area. D. The applicant has requested approval of the Zoning Map amendment to allow keeping of goats within the property; keeping of farm animals, including goats, is a permitted use within the A-1 District. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-3-21 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Otsego Comprehensive Plan designates the property as being within Urban Service Expansion Area. Until such time as sewer and water utilities are available to the property, the Comprehensive Plan guides that the interim land use is to be rural development governed by A-1 District zoning. 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. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The property 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 and received approval of a conditional use permit in 1998 to allow the keeping of horses. 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. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The property will comply with all applicable requirements of the A-1 District. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed Zoning Map amendment will not alter traffic generation from the existing developed property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The requested Zoning Map amendment will not affect the City's service capabilities. F. The planning report dated 9 April 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 April 2019 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission 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 is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 22nd day of April, 2019. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2019-09 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 OWNED BY THE ROBERT E. GILMAN TRUST. 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 by Exhibit A. Section 2. The property is hereby rezoned from an to R-2, Residential Long Range Urban Service District (Large Lot) designation to an A-1, Agricultural Rural Service District designation. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of April, CITY OF OTSEGO :f'fi Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A