Loading...
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 The amended Zoning Map will not be published, but the Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning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