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ORD 05-03ORDINANCE NO.: 2005-03 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 ZIMMER FARMS PHASE 3 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 as follows (the "property"): Outlots C, D and E, Martin Farms, City of Otsego, Wright County, MN. 2. Outlot A, Zimmer Farms, City of Otsego, Wright County, MN. Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service District designation to a R-6, Residential Quadraminium, Townhouse and Low Density Multiple 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. ATTEST: by the Otsego City Council this 28TH day of February, 2005. CITY OF OTSEGO BY:�"\a— Vern Heidner, Deputy Mayor ng Administrator/City Clerk Published:`)3A River Star News 03-09-05 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: D.R. Horton, Inc. 02-23-05 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment rezoning land included as part of the Zimmer Farms Phase 3 Preliminary Plat from A-1, Agriculture Rural Service Area to R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District. CITY COUNCIL MEETING: 28 February 2005 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 as follows: 1. Outlots C, D and E, Martin Farms, City of Otsego, Wright County, MN. 2. Lots 1 and 2, Block 3, Lot 1, Block 4 and Outlot A, Zimmer Farms, City of Otsego, Wright County, MN. 3. Outlot C, Zimmer Farms 3`d Addition, City of Otsego, Wright County, MN. B. The property lies within the West Sanitary Sewer Service District and is guided for medium- high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The following parcels are zoned A-1 District: Outlots C, D and E, Martin Farms, City of Otsego, Wright County, MN. 2. Outlot A, Zimmer Farms, City of Otsego, Wright County, MN. D. The following parcels are zoned R-6 District: 1. Lots 1 and 2, Block 3 and Lot 1, Block 4 Zimmer Farms, City of Otsego, Wright County, MN. 2. Outlot C, Zimmer Farms 3`d Addition, City of Otsego, Wright County, MN. E. The applicant is requesting a Zoning Map amendment to include the property identified above as being zoned A-1 District within the R-6 District for the purpose of developing single family and townhouse residential dwellings, which are permitted uses in the R-6 District. F. The Planning Commission and City Council must take into consideration the possible effects of the rezoning with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the City's Comprehensive Plan. Finding: The Comprehensive Plan guides these portions of Martin Farms and Zimmer Farms for medium to high density residential uses, which is defined as eight dwelling units per acre or greater. The changes in proposed dwelling unit types from the original development plans for both projects results in a decrease in density in the area of Zimmer Farms Phase to 3.6 dwelling units per acre. The proposed decrease in number of dwelling units and overall density is not a negative in evaluating the proposed Zoning Ordinance amendment and PUD - CUP given the overall mix of dwelling units planned or approved within the west sewer district. 2. The proposed use's compatibility with present and future land uses in the area. Finding: The table below illustrates land uses surrounding the subject site. The proposed Zimmer Farms Phase 3 is compatible with the various existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North Low/Med. Density Residential R-4 District & R-6 District Martin Farms East Low/Med. Density Residential R-6 District/ R-6 District Zimmer Farms/ Remington Coves South Low/Med. Density Residential R-6 Zimmer Farms West Low/Med. Density Residential R -1A District Agriculture — Albertville 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform to the Zoning Ordinance, Subdivision Ordinance and Engineering Manual except as may be allowed and specifically identitled on the development plan under the PUD -CUP. 4. The proposed use's effect upon the area in which it is planned. Finding. The proposed Zimmer Farms Phase 3 provides for a logical pattern of development consistent with the balance of the Zimmer Farms and Martin Farms subdivisions. 5. The proposed uses impact on property values in the area in which it is planned. Finding. Although no official study has been completed, the proposed use is not anticipated to have a negative effect upon area property values. 6. Traffic generation by the proposed use in relation to the capabilities of existing and planned streets serving the property. Finding. Development of Zimmer Farms Phase 3 is accompanied by and provides for upgrades through payment of road access fees for MacIver Avenue and 70" Street, which are designated collector streets intended to accommodate traffic generated by the proposed development and surrounding neighborhoods. 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 intensity of the proposed use is within the parameters established by the Comprehensive Plan and original development plans for Martin Farms and Zimmer Farms 2 upon which infrastructure and service planning has been based. As such, no negative impact to the City's service capacity is anticipated as a result of this project G. The planning report dated 16 February 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The Engineering Review dated 16 February prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. The Otsego Planning Commission held a public hearing at their regular meeting on 22 February 2005 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 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 approval of a Zoning Map amendment for lands included in the Zimmer Farms Phase 3 Preliminary Plat is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 2e day of February, 2005. CITY OF OTSEGO By: �L -�Mlk Vern Heidner, Deputy Mayor Attest: Ju ud o , Zoning Administrator/City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: D.R. Horton, Inc. • 02-23-05 FINDINGS & DECISION PUD Development Plan/Preliminary Plat APPLICATION: Request for a PUD Development Stage Plan and Preliminary Plat for Zimmer Farms Phase 3 consisting of 55 single family lots and 213 townhouse units. CITY COUNCIL MEETING: 28 February 2005 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 as follows: Outlots C, D and E, Martin Farms, City of Otsego, Wright County, MN. 2. Lots 1 and 2, Block 3, Lot 1, Block 4 and Outlot A, Zimmer Farms, City of Otsego, Wright County, MN. 3. Outlot C, Zimmer Farms 3`d Addition, City of Otsego, Wright County, MN. B. The property lies within the West Sanitary Sewer Service District and is guided for medium- high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-6, Residential Townhouse, Quadraminium and Low -Density Multiple Family District which allows single family and townhouse residential dwellings as permitted uses. D. The applicant is requesting a PUD -CUP to allow for unit / base lot subdivision of townhouse dwellings and also planned development within a shoreland overlay district. E. The Planning Commission and City Council must take into consideration the possible effects of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the City's Comprehensive Plan. Finding: The Comprehensive Plan guides these portions of Martin Farms and Zimmer Farms for medium to high density residential uses, which is defined as eight dwelling units per acre or greater. The changes in proposed dwelling unit types from the original development plans for both projects results in a decrease in density in the area of Zimmer Farms Phase to 3.6 dwelling units per acre. The proposed decrease in number of dwelling units and overall density is not a negative in evaluating the proposed Zoning Ordinance amendment and PUD - CUP given the overall mix of dwelling units planned or approved within the west sewer district. 2. The proposed use's compatibility with present and future land uses in the area. Finding: The table below illustrates land uses surrounding the subject site. The proposed Zimmer Farms Phase 3 is compatible with the various existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North Low/Med. Density Residential R-4 District & R-6 District Martin Farms East Low/Med. Density Residential R-6 District/ R-6 District Zimmer Farms/ Remington Coves South Low/Med. Density Residential R-6 Zimmer Farms West Low/Med. Density Residential R -1A District Agriculture — Albertville 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform to the Zoning Ordinance, Subdivision Ordinance and Engineering Manual except as may be allowed and specifically identified on the development plan under the PUD -CUP. 4. The proposed use's effect upon the area in which it is planned. Finding: The proposed Zimmer Farms Phase 3 provides for a logical pattern of development consistent with the balance of the Zimmer Farms and Martin Farms subdivisions. 5. The proposed uses impact on property values in the area in which it is planned. Finding. Although no official study has been completed, the proposed use is not anticipated to have a negative effect upon area property values. 6. Traffic generation by the proposed use in relation to the capabilities of existing and planned streets serving the property. Finding. Development of Zimmer Farms Phase 3 is accompanied by and provides for upgrades through payment of road access fees for Maclver Avenue and 7dh Street, which are designated collector streets intended to accommodate traffic generated by the proposed development and surrounding neighborhoods. 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 intensity of the proposed use is within the parameters established by the Comprehensive Plan and original development plans for Martin Farms and Zimmer Farms upon which infrastructure and service planning has been based. As such, no negative impact to the City's service capacity is anticipated as a result of this project F. The planning report dated 16 February 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Engineering Review dated 16 February 2005 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. H. The Otsego Planning Commission held a public hearing at their regular meeting on 22 February 2005 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 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 the Zimmer Farms Phase 3 PUD Development Stage Plan and Preliminary Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. A phasing plan shall be submitted outlining the anticipated final platting of the proposed subdivision. The phasing plan is subject to approval of the City Council, its schedule shall be made a condition of preliminary plat approval, and it shall be incorporated as part of the terms and conditions of a development contract executed for the initial final plat of a phased development. 3. Five foot wide concrete sidewalks shall be added along the private drives in the area of Blocks 16 to 26 within Outlot C and Outlot D as approved by City Staff. 4. The preliminary plat shall be revised such that the width of Lots 4-8, Block 46 shall be at least 75 feet wide. 5. The landscape plan shall be revised to provide additional plantings along the north portion of Outlots A and B and future single-family additions of the Martin Farms, to specify irrigation details and specify that areas between driveways of abutting dwelling units are to be grass or asphalt. 6. The exterior materials and colors for the row and back-to-back townhouse buildings shall be consistent with those previously approved as part of phases 1 and 2 of Zimmer Farms. Brick wainscoting at least four feet high shall also be added to the side of any townhouse building within Phase 3 facing a public right-of-way. 7. A guest parking plan for the townhouse portion of the project indicating the a supply of at least 107 guest parking stalls shall be submitted and is subject to approval by City Staff. 8. The applicant shall submit scaled plans for proposed area identification signs to conform to Section 20-37-5.2 of the Zoning Ordinance, subject to approval of City Staff. 9. Park and trail dedication requirements are to be satisfied as a cash fee in lieu of land based on the current fee in effect at the time of final plat approval. 10. The preliminary plat shall be revised to provide drainage and utility easements over Outlots A, B, C and D, subject to approval of the City Engineer. 11. All grading, utilities, streets, street names, easements and construction plans are subject to review and approval of the City Engineer. 12. The applicant shall enter into a development contract with the City, subject to the approval of the City Attorney. PASSED by the Otsego City Council this 28th day of February, 2005. CITY OF OTSEGO By: L\p— Vem Heidner, Deputy Mayor Attest: _ J dy ud o oning Administrator/City Clerk 4