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ORD 04-03ORDINANCE NO.: 2004-03 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 ARBOR PLACE 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 by Exhibit (the "property"). 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. PASSED by the Otsego City Council this 23rd day of February, 2004. CITY OF OTSEGO BY: arty F nier, Mayor y Clerk 03-04 v ' CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: OhW, LLC 2-11-04 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment to rezone property within the A-1, Agriculture Rural Service Area District to R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District as part of the Arbor Place preliminary plat. CITY COUNCIL MEETING: 23 February 2004 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 attached as Exhibit A. B. The property lies within the west sanitary sewer service district and is guided for low density residential uses by the Comprehensive Plan. C. The property is zoned A-1 District; The applicant is requesting that the property be rezoned to the R-6 District to allow for subdivision of 11 single family lots. Single family dwellings are a permitted use of the R-6 District. D. Consideration of the application by the Planning Commission and City Council is to be based upon, but not limited to, the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject site is located within the west sanitary sewer district and is planned for low density residential use by the Comprehensive Plan. The Comprehensive Plan defines low density residential use as having less than four units per gross acre. The proposed development consists of eleven single family lots with an average lot size of 14,287 square feet and a gross density of 2.2 dwellings per acre. The type of use and density is consistent with the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The site is consistent with the adjacent R-6 single family residential development within the Arbor Creek Subdivision. The site abuts an undeveloped area to the east. Planning Staff has prepared a sketch plan to shown how that area may be subdivided in the future. Section 20-27-9 of the Zoning Ordinance, restricts new dwelling units from being constructed within 1,000 feet of any animal building on a registered feedlot. The Barthel Feedlot to the northwest of the site is no longer a registered operation. The subject site is outside of the 1,000 foot setback from the Beming feedlot to the northeast of the site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. V • • Finding: The preliminary plat will be required to conform with all applicable performance standards outlined in the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual. Consistency with these performance standards will be evaluated in subsequent paragraphs. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use is consistent in character with the area in which it is proposed and will not have a negative impact upon the area. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: The proposed use is not anticipated to negatively impact area property values. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The preliminary plat is to be adequately served by existing and planned public streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, school's, streets, and utilities, and its potential to overburden the City's service capacity. Finding: The Comprehensive plan anticipates the development of the proposed use. E. The planning report dated 11 February 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review 27 January 2004 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 17 February 2004 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 recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information, plans submitted to date and applicable ordinances, the requested rezoning of the property to R-6 District is hereby approved. 2 0 • PASSED by the Otsego City Council this 23rd day of February, 2004. CITY OF OTSEGO Attest: Ju Hu s , Zoning Administrator/City Clerk 0 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: OhW, LLC • 2-18-04 FINDINGS & DECISION PRELIMINARY PLAT APPLICATION: Request for preliminary plat approval of an 11 lot single family subdivision to be known as Arbor Place. CITY COUNCIL MEETING: 23 February 2004 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 attached as Exhibit A. B. The property lies within the west sanitary sewer service district and is guided for low density residential uses by the Comprehensive Plan. C. The property is zoned R-6 District. Single family dwellings are a permitted use of the R-6 District. D. The planning report dated 11 February 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. E. The engineering review 27 January 2004 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 17 February 2004 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 recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information, plans submitted to date and applicable ordinances, the requested Arbor Place Preliminary Plat is hereby approved, subject to the following conditions: 1. Sanitary sewer capacity shall be allocated only to approved final plats with executed development contracts to assure the City of timely development. 2. The preliminary plat must be revised to show the east -west street as a through street and stubbed for future connection to the east. 3. The proposed east -west street shall be named 79"' Lane. 4. Lots 2 — 5 of Block 1 must access from the south off of the newly created public road. 5. All four existing accessory structures must be removed and any future accessory structures must meet the number, area, and setback requirements as defined in Section 20-16-4 of the Zoning Ordinance. 0 • 6. The preliminary plat is to be revised to illustrate sidewalk running east -west along the northern side of 79th Lane and north -south along the west side of Large Avenue NE. 7. A landscape plan is to be submitted for a bufferyard area abutting the 80th Street right-of- way based on the design standards outlined in Section 20-16-7.D of the Zoning Ordinance. 8. The landscape bufferyard along 80th Street is to be overlaid by a drainage and utility easement. 9. A cash payment in lieu of land is to be taken in satisfaction of park land dedication requirements at the time of final plat approval. 10. All grading, utilities, easements, streets and right-of-way shall be subject to the review and approval of the City Engineer. 11. The existing home on Lot 1, Block 1 is to be connected to municipal sanitary sewer and water services. PASSED by the Otsego City Council this 23rd day of February, 2004. CITY OF OTSEGO By. arty F ie , Mayor /City Clerk 2