ITEM 4.1 Zoning Map AmendmentYc'
0tsTeF o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT.
REQUESTOR:
... . _ . _..
MEETING QATE:
Community Development
City Planner Licht
14 January 2013
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.1— Zoning Map amendment
AGENDA ITEM DETAILS
RECOMMENDATION:
The Planning Commission recommended that the Zoning Map amendment not be amended stating that
the action was premature to rezone the property at 14807 95th Street from A-1 District to R-3 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
ISA PUBLIC NEARING REQUIRED?
No.
Field by Planning Commission 7 January 2013,
BACKGROUNDIJUSTIFICATION:
The City initiated action t0 consider an amendment of the Zoning Map in accordance with Section
Section 20-3-1 of the Zoning Ordinance to rezone PID 118-500-164406 and PID 118-500-164407 from A-
1 District to R-3 District.
The Planning Commission received written comment from one property owner and testimony from four
others to the west and south of the subject site all opposing the proposed Zoning Map amendment.
The Planning Commissioners themselves discussed the allowances for the property under both the
current A-1 District and proposed R-3 District and potential issues related to each. As part of the
discussion, City staff was asked to clarify that the A-1 District allows keeping of farm animals not limited
to horses, but which may also include cows, pigs, sheep, goats, fowl, etc. in animal units related to the
area of the property. The Planning Commission also raised as an issue that the action was not initiated
by the current or a prospective property owner.
The Planning Commission closed the public hearing and voted 6-1 to recommend the City Council not
approve the proposed Zoning Map amendment on the basis that while such action would be consistent
with the Comprehensive Plan it would also be premature at this time. City staff has drafted findings of
fact to approve the Zoning Map amendment or the City Council may alternatively act to accept the
Planning Commission recommendation.
SUPPORTING DOCUMENTS: # ATTACHED ❑ NONE
A. Findings of Fact
B. Ordinance 203.3-03.
POSSIBLE MOTIONS
Please word motion as you would like It to appear In the minutes.
Motion to adopt Ordinance 2013-01 rezoning PID 118-500-164406 and PID 118-500-164407 from A-1
District to R-3 District based on the Findings of Fact as presented.
Or,
Motion to accept the recommendation of the Planning Commission and not take action to rezone PID
118-500-164406 and PID 118-500-164407 at this time finding that such action would be premature.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
n No
ACTION TAKEN
n APPROVED AS REQUESTED n DENIED ❑ TABLED o OTHER (List changes)
COMMENTS:
0tsceooo
MINNESOTA
APPLICANT: City of Otsego
01-07-13
FINDINGS & DECISION
ZONING MAP AMENDMENT
APPLICATION: Consideration to rezone PID 118-500-164406 and 118-500-164407 from A-1 District to
R-3 District.
CITY COUNCIL MEETING: 14 January 2013
FINDINGS: Based upon review of the application 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 PID 118-500-164406 and 118-500-164407 located
within the City of Otsego, County of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for low density residential uses within
the Long Range Urban Service Area.
C. The subject site is zoned A-1, Agriculture Rural Service District.
D. The City of Otsego has initiated consideration of an amendment to the Zoning Map to rezone
the subject site from A-1 District to R-3, Residential Long Range Urban Service District in
accordance with Section 20-3-1 of the Zoning Ordinance and State Statues.
E. Consideration of the application is to be based upon (but not limited to) the criteria set forth
by Section 20-3-2.F of the Zoning Ordinance:
1.
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The Comprehensive Plan outlines that rural uses, including the keeping of
farm animals, is intended to be maintained as an interim use to allow an orderly
transition to planned urban uses. However, the area surrounding the subject site has
already been developed with suburban character residential uses suggesting that
consideration of the proposed rezoning is appropriate at this time in order to maintain
consistency with the policies of the Comprehensive Plan regarding land use.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The table below indicates the existing and planned uses in the area
surrounding the subject site:
Direction
Land Use
Pian
Zoning
Existing Use
Subject Site
LD Residential
A-1 District
Single
Family
Dwellin
North
LD Residential
R-3 District
CSAH 39
Single Family
Dwellings
East
LD Residential
R-3 District
Sin
le Family
Dwellings
South
LD Residential
R-3 District
Sin
le Family
Dwellings
West
LD Residential
R-3 District
Single
Family
Dwellings
The area surrounding the subject site is developed with single family dwellings under
the provisions of the R-3 District. The subject site is an isolated parcel zoned A-1
District, which due to its size and surrounding land uses has caused compatibility
issues in the past. Rezoning the subject site to R-3 District consistent with the
surrounding area would promote a cohesive land use pattern that ensures
compatibility and functional relationships among activities as directed by the
Comprehensive Plan.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The subject site complies with all of the performance requirements of
the proposed R-3 District. If rezoned, farm animals would not be allowed to be
returned and kept on the property.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed action would have no immediate impact to traffic
generation. The proposed rezoning would allow potential subdivision of the subject
site that would increase traffic but which would be within the capacity of streets
serving the subject site.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed action will have no effect to the City's service capacity.
F. The Planning Report dated 18 December 2013 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 7
January 2013 to consider the application, preceded by published and mailed notice; upon
review of the application, and other evidence, the public hearing was closed and the
Planning Commission recommended by a 6-1 vote that the City Council not approve the
Zoning Map amendment.
DECISION: Based on the foregoing information and applicable ordinances, the proposed Zoning
Map amendment is hereby APPROVED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
ADOPTED by the City Council of the City of Otsego this 14th day of January, 2013.
CITY OF OTSEGO
By;
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
ORDINANCE NO.: 2013-01
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
LOCATE AT 14807 95TH STREET.
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 PID
118-500-164406 and 118-500-164407 located within the City of Otsego, County of
Wright, State of Minnesota.
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural
Service District designation to a R-3, Residential Long Range Urban 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 marc 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 14th day of
January, 2013.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami L.off, City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A