ITEM 4.1 Gilman Zoning MapTY
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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
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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.
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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