ORD 03-13ORDINANCE NO.: 003-13
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
TIM MAHER.
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
Area District designation to a A-2, Agriculture Long Range Urban Service District
designation.
Section 3. The amended Zoning Map will not be published, but the Zoning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.
PASSED by the Otsego City Council this 23rd day of June, 2003.
ATTE
CITY OF OTSEGO
BY: .♦� it r:,L �i
Larry • - •P;7 11
Jqd% Hu4sdki, Zoning Administrator/City Clerk
CITY OF
OTSEGO
WRIGHT COUNTY, MINNESOTA
APPLICANT: Tim Maher
06-17-03
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for a conditional use permit to a residential lot size of less than 20 acres
within the A-2, Agriculture Long Range Urban Service District.
CITY COUNCIL MEETING: 23 June 2003
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 Urban Service Area Reserve and is guided for agriculture land
uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned A-2 District which allows for single family residential uses as a
permitted use.
D. The minimum lot size in the A-2 District is 20 acres. The applicant is proposing to divide the
subject site into three parcels, two of which are less than 20 acres in area. Lots less than 20
acres in area are allowed as a conditional use within the A-2 District subject to the provisions
of Section 20-52-5.1-11 of the Zoning Ordinance.
E. The Planning Commission and City Council must take into consideration the possible effects
of the conditional use with their judgment based upon (but not limited to) the criteria outlined
in Section 20-4-21 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment: The Comprehensive Plan designates this area as Urban Service Reserve
Area, where expansion of sanitary sewer utilities is expected at such time as the initial
service district is saturated. The subject site abuts the West Sanitary Sewer Service
District and the proposed division will facilitate eventual urbanization of the subject
site. As such, the request is consistent with the growth management policies of the
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses off the
area.
Comment: There will be no change to the current uses as a result of the request.
Again, the applications will allow for eventual development with expansion of the
West Sanitary Sewer Service District compatible with future uses in the area.
3. The proposed use's conformity with all performance standards contained
within the Zoning Ordinance.
Comment: The proposed minor subdivision will be required to conform to all
performance standards of the City's development regulations.
4. The proposed use's effect upon the area in which it is proposed.
Comment: There are no changes proposed to the existing use and no impact to the
area is anticipated.
5. The proposed use's impact upon property values of the area in which it is
proposed.
Comment: Although no detailed study has been completed, no impact on the
property values of the surrounding area are anticipated.
6. Traffic generation of the proposed use in relation to capabilities of streets
serving the property.
Comment: The request will not impact existing traffic generation.
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.
Comment. There will be no impact upon the City's ability to service this site
related to the application.
F. The planning report dated 29 May 2003 prepared by the City Planner, Northwest Associated
Consultants, Inc., is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2
June 2003 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 and tabled action on the application to their 16 June 2003 meeting.
H. Following further discussion at the 16 June 2003 Planning Commission meeting, the
Planning Commission 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 a
conditional use permit for lots size less than 20 acres within the A-2 District is hereby approved
based on the most current plan and information received to date, subject to the following conditions:
1. A minor subdivision application is submitted subject to City Staff review and approval.
2. The parent parcel is deed restricted to allow not more than three potential development rights
unless rezoned consistent with the provisions of the Comprehensive Plan.
3. The applicant shall pay a park dedication fee in lieu of land of $2,100.00 prior to release of
the minor subdivision for recording.
4. Dedication of right-of-way for MacAllister Avenue is subject to review and approval of the City
Engineer.
2
is 23RD day of June, 2003.
CITY OF OTSEGO
By: 1-,L—
Larry Fournier, Mayor
/City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A
CITY OF
OTSEGO
WRIG14T COUNTY, MINNESOTA
APPLICANT: Tim Maher
06-17-03
FINDINGS & DECISION
ZONING MAP AMENDMENT
APPLICATION: Request for a Zoning Map amendment rezoning approximately 40 acres from A-1,
Agriculture Rural Service Area to A-2, Agriculture Long Range Urban Service District.
CITY COUNCIL MEETING: 23 June 2003
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 Urban Service Area Reserve and is guided for agriculture land
uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned A-1 District which allows for single family residential uses as a
permitted use at a density of one unit per 40 acres. The applicant has requested a rezoning
to A-2 District to allow for development of single family uses at a density of four units per 40
acres.
D. The Planning Commission and City Council must take into consideration the possible effects
of the conditional use with their judgment based upon (but not limited to) the criteria outlined
in Section 20-4-21 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment. The Comprehensive Plan designates this area as Urban Service Reserve
Area, where expansion of sanitary sewer utilities is expected at such time as the initial
service district is saturated. The subject site abuts the West Sanitary Sewer Service
District and the proposed division will facilitate eventual urbanization of the subject
site. As such, the request is consistent with the growth management policies of the
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses off the
area.
Comment There will be no change to the current uses as a result of the request.
Again, the applications will allow for eventual development with expansion of the
West Sanitary Sewer Service District compatible with future uses in the area.
3. The proposed use's conformity with all performance standards contained
within the Zoning Ordinance.
Comment: The proposed minor subdivision will be required to conform to all
performance standards of the City's development regulations.
4. The proposed use's effect upon the area in which it is proposed.
Comment: There are no changes proposed to the existing use and no impact to the
area is anticipated.
5. The proposed use's impact upon property values of the area in which it is
proposed.
Comment: Although no detailed study has been completed, no impact on the
property values of the surrounding area are anticipated.
6. Traffic generation of the proposed use in relation to capabilities of streets
serving the property.
Comment: The request will not impact existing traffic generation.
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.
Comment: There will be no impact upon the City's ability to service this site
related to the application.
E. The planning report dated 29 May 2003 prepared by the City Planner, Northwest Associated
Consultants, Inc., is incorporated herein.
F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2
June 2003 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 and tabled action on the application to their 16 June 2003 meeting.
G. Following further discussion at the 16 June 2003 Planning Commission meeting, the
Planning Commission 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 a Zoning
Map amendment is hereby approved based on the most current plan and information received to
date.
PASSED by the Otsego City Council this 23RD day of June, 2003.
CITY OF OTSEGO
Attes : A,, A qt rkoy-)
u H d on, Zoning Administrator/City Cle
2
EXHIBIT A
ATTACH LEGAL DESCRIPTION HERE