ITEM 3.3TPC
The Planning Company
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
31 January 2019
Otsego — Zoning Ordinance/Subdivision Ordinance
101.01
ITEM 3.3
City staff has initiated housekeeping related amendments to the Subdivision Ordinance and
Zoning Ordinance. The proposed amendments are related to design standards included within
the Subdivision Ordinance, off-street parking requirements within the Zoning Ordinance, and
development fee provisions of both land use regulations. A public hearing has been noticed for
the 4 February 2019 Planning Commission meeting at 7:OOPM to consider the proposed
amendments.
Fxhihits:
Vehicle weight classification graphic
Draft ordinance related to off-street parking
Draft ordinance related to development application fees
ANALYSIS
Subdivision Design Standards. City staff has undertaken a comprehensive revision of Chapter
8 of the Subdivision Ordinance. The purpose of this update is to align the standards and
requirements of these provisions with other sections of the City Code, the Engineering Manual,
and current Best Management Practices. The City Engineer is still in the process of reviewing
the proposed amendments. City staff recommends that the public hearing be continued to
allow for consideration of these proposed amendments at a future Planning Commission
meeting.
Off -Street Parking. City staff has undertaken a comprehensive revision of Chapter 21 of the
Zoning Ordinance regulating off-street parking. The purpose of these revisions is to:
The Zoning Ordinance prohibits parking of vehicles with a gross vehicle weight of 12,000
pounds or more on residential properties. The intent of this provision is to prevent
commercial vehicle parking in residential areas. However, the 12,000 pound gross
vehicle weight reference is out of date as many heavy-duty trucks used as passenger
vehicles exceed this capacity. A more current reference is to utilize the truck
classifications established by the United States Department of Transportation Federal
Highway Administration. A chart illustrating the truck classifications and representative
vehicles is attached for reference. The proposed amendment would prohibit parking
Class 4 or larger vehicles.
Parking of recreational vehicles is allowed to occur in the front yard upon a driveway.
Recreational vehicles may also be stored within the side or rear yard upon grass or other
surface. Parking of recreational vehicles is regulated in both Section 18 (accessory uses)
and Chapter 21 (off-street parking). The proposed amendment eliminates the storage
provisions related to recreational vehicles from Chapter 21 of the Zoning Ordinance to
avoid overlapping regulations.
City staff has encountered interpretation issues related to off-street parking and storage
of semi -tractor trailers and shipping containers. City staff proposes to include provisions
in Chapter 18 of the Zoning Ordinance regulating off-street parking of semi -tractor
trailers and storage of shipping containers to address this and provide more defined
regulations in one location of the City Code. The draft amendment also includes
provisions making parking of semi -tractor trailers and storage of shipping containers an
accessory use within industrial and institutional districts. Making parking of semi -
tractor trailers and storage of shipping containers an allowed use only within industrial
districts makes such activity prohibited in other Zoning Districts.
■ The draft amendment includes new provisions regulating the location of driveways
based on the functional classification of streets to minimize potential to interference
with through traffic by property access.
Off-street parking requirements have been reviewed and updated in accordance with
Institute of Transportation Engineers parking generation studies and current
development demand.
Chapter 21 has been comprehensively reorganized to improve accessibility and clarity of
the requirements and standards.
Development Application Fees. The City has established fees for application for approvals
required by the Subdivision Ordinance and Zoning Ordinance intended to ensure that the costs
of processing development applications is borne by those making the request. The
2
development fees address costs incurred for City staff, publication of public hearings and
ordinances, recording costs, and overhead expenses. The City also charges applicants for costs
incurred for planning, engineering, and legal expenses for the review of development
applications and administration of approved development plans, permits, and agreements. An
escrow is collected at the time a development application is submitted that the City utilizes to
pay for these professional services. The property owner is ultimately responsible for all costs
incurred by the City related to a development application, whether the request is approved or
denied. If invoiced expenses above the initial development application fee and escrow are not
paid, the City has the ability to assess the unpaid charges to the property to be paid over like
property taxes.
The Subdivision Ordinance and Zoning Ordinance must be amended clarify the City's
certification of unpaid development application costs in consideration of the case of Great
Western Industrial Park, LLC v. Randolph Township, 853 N.W. 2d 155 (Minn. App. 2104). In that
case, after Randolph Township denied a conditional use permit application submitted by an
applicant and the applicant failed to pay the expenses incurred by the Township in processing
the application, the Township passed a resolution under Minnesota Statute 366.012 that
certified the expenses to the county auditor as an unpaid service charge to be collected with
applicant's property taxes. The Court of Appeals reversed the Township's certification order
but indicated that the Township may have had a right to certify the unpaid costs if they had
included a provision in their land use ordinance to allow them to certify unpaid planning costs
to the applicant's property taxes citing Minnesota Statute 462.353, subd. 4a., which states:
A municipality may prescribe fees sufficient to defray the costs incurred by it in
reviewing, investigating, and administering an application for an amendment to
an official control established pursuant to sections 462.351 to 462.364 [governing
municipal planning and development] or an application for a permit or other
approval required under an official control established pursuant to those sections.
Except as provided in subdivision 4a, fees as prescribed must be by ordinance. Fees
must be fair, reasonable, and proportionate and have a nexus to the actual cost of
the service for which the fee is imposed.
Based on the case of Great Western Industrial Park, LLC v. Randolph Township, City staff has
drafted amendments to Section 10-3-6 of the Subdivision Ordinance and Section 11-1-8 of the
Zoning Ordinance. These identical provisions more clearly outline the City's established pass-
through cost structure for processing development applications. The proposed amendments
also include a specific citation of Minnesota Statute § 462.353, subd. 4a related to the property
owner's responsibility for unpaid charges.
RECOMMENDATION
City staff recommends approval of the proposed amendments to the Subdivision Ordinance and
Zoning Ordinance related to development application fees and off-street parking provisions as
presented.
3
Again, City staff recommends that the public hearing not be closed at this time to allow for
future review of amendments to the Subdivision Ordinance related to subdivision design
standards.
POSSIBLE ACTIONS
A. Motion to continue the public hearing to 19 February 2019 related to Subdivision
Ordinance design standards and to recommend approval of ordinances amending the
Subdivision Ordinance and Zoning Ordinance related to development application fees
and off-street parking.
B. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
11
■ ri.;.
CLASS i b, 000 lbs or less
oft oft 4m* qlaw
MINIVAN
CARGO VAN
SUV PICKUP TRUCK
CLASS 2 6,001
to 10,0001bs
4mop
-as
FURNITURE
MINIVAN
CARGO VAN
FULL-SIZE PICKUP STEP VAN
CLASS 3 10, 001 to 14, 000 lbs
mik wk oft "Mo
WALK-IN BOX TRUCK CITYDELIVERY HEAVY-DUTYPICKUP
CLASS 4 14,001 to 16,000 lbs
aft wk
LARGE WALK-IN BOX TRUCK
CLASS S 16wi to 1 g, soo lbs
BUCKET TRUCK LARCE WALK-IN
CLASS 6 19,501 to 26,000 lbs
CLASS 8 33,001 to REALLY HUGE
%a
CEMENT TRUCK TRUCK TRACTOR
m
CITY DELIVERY
m
QTY DELIVERY
SCHOOL BUS RACK TRUCK
GTYrRANSTT BUS o TRUCK TRACTOR
a . FA
DUMP TRUCK SLEEPER CAB
q'*
BEVERAGE TRUCK
SINGLE -AXLE
CLASS 7 16,001 to 3.3,000 lbs
REFUSE
FURNITURE
CLASS 8 33,001 to REALLY HUGE
%a
CEMENT TRUCK TRUCK TRACTOR
m
CITY DELIVERY
m
QTY DELIVERY
SCHOOL BUS RACK TRUCK
GTYrRANSTT BUS o TRUCK TRACTOR
a . FA
DUMP TRUCK SLEEPER CAB
ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING OFF-STREET
PARKING.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-18-3 of the City Code is hereby amended to insert the
following provisions with existing sections renumbered accordingly:
B. Semitractor Trailers and Land/Sea Containers:
1. Certification:
a. All semitractor trailers with a Minnesota license plate shall be
certified by the state and shall display a current inspection
certification decal issued in accordance with Minnesota
statutes section 169.78.
b. All semitractor trailers with out of state license plates shall
produce upon request proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in
interstate commerce as provided under 49 CFR section
396.17.
2. Location:
a. Land/sea containers shall not be stored and semitractor
trailers shall not be parked in the required front yard setback
area or in a required side yard setback area abutting a
residential district or right-of-way of a collector or arterial
street as defined by the Comprehensive Plan.
b. Outdoor storage of land/sea containers and parking of
semitractor trailers shall not be allowed on required parking
spaces.
3. Surface:
1
a. All semitractor trailers shall be parked on a concrete or
bituminous surface.
b. Land/sea containers used for outdoor storage shall be
placed upon a concrete, bituminous, crushed rock, or
crushed concrete surface.
Section 2. Title 11, Chapter 21 of the Zoning Ordinance is hereby amended to
read as follows:
Chapter 21
OFF STREET PARKING
11-21-1: PURPOSE:
11-21-2: APPLICATION:
11-21-3: SITE PLAN DRAWING REQUIRED:
11-21-4: GENERAL PROVISIONS:
11-21-5: LOCATION:
11-21-6: STREET ACCESS:
11-21-7: STALL AND AISLE DESIGN:
11-21-8: NUMBER OF REQUIRED STALLS:
11-21-9: PARKING DEFERMENT:
11-21-10: JOINT FACILITIES:
11-21-11: OFF SITE PARKING:
11-21-1: PURPOSE: The purpose of this chapter is to alleviate or prevent congestion of
the public right-of-way and to promote the safety and general welfare of the public by establishing
minimum requirements for off street parking of motor vehicles in accordance with the utilization
of various parcels of land or structures.
11-21-2: APPLICATION: The regulations and requirements set forth herein shall apply to
all off street parking facilities in all of the zoning districts of the City.
11-21-3: SITE PLAN DRAWING REQUIRED: All applications for a building or an
occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and
dimension indicating the location of off street parking stalls and loading stalls in compliance with
the requirements set forth in this chapter and chapter 22 of this title. All site plans for single-family
homes must provide for the location of a two (2) stall garage in compliance with this title, whether
or not construction is intended.
2
11-21-4: GENERAL PROVISIONS:
A. Floor Area: The term "floor area", for the purpose of calculating the number of off street
parking stalls required, shall be determined on the basis of the exterior floor area
dimensions of the buildings, structures or use times the number of floors, minus ten
percent (10%), except as may hereinafter be provided or modified.
B. Reduction Of Existing Off Street Parking Stall Or Lot Area: Off street parking stalls and
loading stalls or lot area existing upon the effective date hereof shall not be reduced in
number or size, unless said number or size exceeds the requirements set forth herein for
a similar new use.
C. Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already
dedicated to parking stalls, driveways, or loading stalls shall be made, nor shall any sale
of land, division or subdivision of land be made which reduces area necessary for parking,
parking stalls, or parking requirements below the minimum prescribed by this chapter.
D Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any
building or buildings, including additions thereto, requiring more parking area shall not be
permitted until there is furnished such additional parking stalls as required by this chapter.
E. Residential Use Parking: Except on a limited, temporary basis involving guests or work
being performed on site, on and off street parking facilities accessory to a residential use
shall be utilized solely for the parking of licensed and operable passenger automobiles,
vans, trucks not to exceed gross capacity of twelve thousand (12,000) pounds, and
recreational vehicles and equipment which are the property of the occupant. Under no
circumstances shall required facilities accessory to residential structures be used for the
storage of nonqualifying commercial vehicles, commercial equipment, or for the parking
of automobiles belonging to the employees, owners, tenants or customers of business or
manufacturing establishments.
F. Calculating Stalls:
When determining the number of off street parking stalls results in a fraction, each
fraction shall constitute another stall.
2. In stadiums, sports arenas, churches and other places of public assembly in which
patrons or spectators occupy benches, pews or other similar seating facilities, each
eighteen inches (18") of linear seating shall be counted as one (1) seat for the
purpose of determining requirements.
3. Except as provided under joint parking and shopping centers, should a structure
contain two (2) or more types of use, the sum of each shall be calculated separately
and shall be used for determining the total off street parking stalls required.
G. Disability Accessible Parking: Disability accessible parking stalls and pedestrian access shall
be provided as applicable pursuant to the Americans with Disabilities Act, as may be amended.
H. Maintenance. It shall be the joint responsibility of the lessee and owner of the principal
use, uses or buildings to maintain in a neat and adequate manner, the parking stall, drive
aisles, striping, landscaping, and required screening.
Prohibited Use. Required accessory off street parking stalls in any district shall not be
utilized for open storage, sale or rental of goods, repair work, storage of inoperable
vehicles, and/or storage of snow.
11-21-5 LOCATION: All accessory off street parking facilities as required by this chapter
shall be located and restricted as follows:
A. Required accessory off street parking shall be on the same lot under the same ownership
as the principal use being served, except under the provisions of sections 11-21-
10 and 11-21-11 of this chapter.
B. Setbacks:
Except for single family, two-family and townhouse dwellings, there shall be no off
street parking within fifteen feet (15') of any public right-of-way.
2. Off-street parking areas shall be setback a minimum of five feet (5') from interior
side and rear lot lines.
C. Required accessory off street parking shall not be provided in required front yards or in
required side yards in the case of corner lots, in agricultural and residential zoning districts.
D. Single and Two Family Dwellings:
Required off street parking areas for single family and two-family uses shall be in
the rear yard, side yards other than a required side yard, garage, or carport, and
upon a defined driveway.
2. Parking stall in excess of that specifically required by this chapter may be located
in an area not to exceed twelve feet (12') in width abutting the driveway or garage
on one side only away from the principal building in the front yard.
11-21-6: STREET ACCESS:
A. Street Access Required: All off street parking facilities shall be designed and constructed
with appropriate means of vehicular access to a public street. Each lot shall have access
directly onto an abutting, improved and City accepted public street, except as may be
allowed as a conditional use pursuant to chapter 4 of this title.
B. Street Access Spacing:
0
Nearest Intersecting Street'
Min. Spacing
Street With
Between
Proposed
Local
Minor
Minor
Principal
Adjacent
Driveway
Street
Collector
Collector
Arterial
Arterial
Driveways
1. Local street:
F
F
a. Residential
40 ft.
1 40 ft.
50 ft.
50 ft.
50 ft.
F 10 ft.
b. Individual
50 ft.
50 ft.
90 ft.
90 ft.
90 ft.
50 ft.
multiple family,
commercial,
industrial, or
institutional
c. Multiple
90 ft.
90 ft.
125 ft.
125 ft.
125 ft.
100 ft.
commercial
2. Minor
F
F
collector:
a. Residential
40 ft.
40 ft.
50 ft.
50 ft.
50 ft.
10 ft.
b. Individual
50 ft.
50 ft.
90 ft.
90 ft.
90 ft.
50 ft.
multiple family,
commercial,
industrial, or
institutional
c. Multiple
90 ft.
90 ft.
125 ft.
["�ft.
PT5ft.
100 ft.
commercial
3. Major
F
F
collector:
a. Residential
NP
NP
NP
NP
NP
NP
b. Individual
90 ft.
90 ft.
220 ft.
220 ft.
220 ft.
200 ft.2
multiple family,
commercial,
l
industrial, or
institutional
c. Multiple
125 ft.
125 ft.
220 ft.
220 ft.
220 ft.
200 ft.2
commercial
4. Minor arterial:
a. ResidentialNP
NP
NP
NP
NP
NP
b. Individual NP NP NP 660 ft. 660 ft. 230 ft.2
multiple family,
commercial,
industrial, or
institutional
c. Multiple NP FNP [_NP 660 ft. 660 ft. 230 ft.2
commercial
5. Principal
F�P
NP NP NPF�P
NP
arterial
Notes:
NP = Not permitted
' The setback measurement shall be measured from the edge of the street right of way to the
nearest edge of the curb cut. Site access shall not be permitted within right turn lanes or taper
areas of a street.
2 Driveways onto arterials and major collectors shall be prohibited where alternative street
access is available. For existing lots of record, where alternative access is not available, direct
access onto arterial and major collectors may be permitted, provided a site plan is submitted for
review and approval of the city engineer or the city traffic consultant.
C. Street Access Width:
Single-family, two-family, and townhouse dwelling units: The maximum width of an
access within the right-of-way onto any public street shall not exceed thirty feet
(30'), as defined by the Engineering Manual.
2. Other uses: The maximum width of an access within the right-of-way onto any
public street shall not exceed twenty four feet (24'), as defined by the Engineering
Manual, except as may be approved by the City Engineer in the case of traffic
circulation needs.
D. Number of Street Accesses:
All property shall be entitled to one (1) access from a public street.
2. Multiple family, commercial, industrial, and institutional, uses shall be allowed one
(1) access from each one hundred twenty five feet (125') of street frontage, subject
to approval of the City Engineer.
3. Townhouse and two-family uses shall be allowed one (1) access per dwelling unit.
4. Single-family residential uses shall be limited to one (1) access per property,
except as follows:
a. Lots within the A-1 or A-2 District shall be allowed two (2) accesses per
property by administrative permit; provided, that:
(1) The lot shall have an area of five (5) acres or greater.
(2) The lot shall have a minimum frontage of two hundred fifty feet
(250') to a public street with a rural section design (no curb).
(3) The location of all access points shall be subject to approval of the
City Engineer.
b. Lots within the R -C, R-1, R-2, and R-3 Districts shall be allowed two (2)
accesses per property by administrative permit; provided, that:
(1) There is a demonstrated need for more than one lot access due to
physical site constraints (soils, steep slopes, significant vegetation,
ponds or wetlands) or the location of existing principal buildings.
(2) The lot shall have a minimum of one hundred fifty feet (150') of
frontage to a public street.
(3) The location of all access points shall be subject to approval of the
City Engineer.
C. Lots within all other districts or those not meeting the requirements for an
administrative permit outlined in Sections 11-21-6.D.4.a and b of this
section shall be allowed not more than two (2) accesses per property by
conditional use permit; provided, that:
(1) There is a demonstrated need for more than one lot access due to
physical site constraints (soils, steep slopes, significant vegetation,
ponds or wetlands) or the location of existing principal buildings.
(2) The location of all access points shall be subject to compliance with
subsection H7 of this section and approval of the City Engineer and
the County Engineer when applicable.
(3) The design of the lot access shall conform to the specifications
established by the Engineering Manual.
d. A lot having access from two (2) public streets (in the case of a corner lot
or double frontage lot) may incur additional costs related to street
improvement projects benefiting the property.
E. Side Yard Setback: Except with special approval from the Zoning Administrator, curb cut
openings shall be a minimum of five feet (6) from the side yard property line in all districts.
7
11-21-7: STALL AND AISLE DESIGN:
A. Parking Stall Size: Except for parking stalls for persons with physical disabilities, each
parking stall shall not be less than nine feet (9') wide and eighteen feet (18') in length
exclusive of access aisles, and each stall shall be served adequately by access aisles.
B. Lot Design: Except in the case of single-family, two-family, and townhouse dwellings,
parking areas and their aisles shall be developed in compliance with the standards on the
parking lot dimension table below.
PARKING LOT DIMENSIONS TABLE
Curb Length Per
[Aisle
Angle Of Parking
Stall Width
Car
Stall Depth
Width
00 �8'6" 2310" 816" 12'0" I
910" 2310" 9'0" 12'0"
916" 2310" 916" 1210"
1010" 2310" 1010" 12'0"
200 816" 24'11" F 1416" 11'0"
910" F 2614" 1510" 11 Toll 1'0"
i
916" F-27-1 0" � 15'6" 11'0"
1010" 2913" 15'11" 11'0"
30° 816" 1710" 16'11"
F 110"
910" 1810" 1714"
1110"
9'6"19'0" 17'10"
11'0 "
10'0" 2010" 1813"
11-o-
400 816" 1313"
1819"
12-0-
2'0"9'0"
1912"
12'0"
i
910111410"
9'6" 14110"
1916" 12-0-
2'0"10'0"
10101115'8"
19'11 "
12'0"
450 816" 1210"
1915"
13'6"
3
C
I -
91
0" F— 1219" 19'10" 13'0"
9'6" 13'5" 2012" 1310"
I
10'0" 14'2" F 20-6" 13'0-
500 816" 1112" 2010" 12'6"
i
9'0" 11'9" 2015" 12'0"
I
9'6"
I
—
f --12'5" 2019" 12'0"
F
I
10'0"
13'2" F21'0" 12'0"
600 8'6"
I
910"
9'10" F20'9" 18'6"
10'5" 21'0" 1810"
--9,6,,-- - 711-o"
I
217 F 18'0"10'0" 1116" 21'6" 18'0"
700 816"
I
9'0-'
910" 20'10"
91811 217
1916"
19011
I
9'6"
102" 21'3"
18'6"
1010"
1018" 2113"
18'0"
800 8'6"
9-0"
9'6"
8'8" 2013" 24'0"
97- 201411 24 0"
9'8" 2015" 24'011
10'0"
10'3" 2016" 24'0"
900 8'6"
g'p-'
8'6" F 2010" 24'0"
g'p" F 2010" 2ZO'
9'6"
I� "v
9'6" 20'0"
10'0"
—
10'0" 20'0" 22'0"
Note: This table pertains to a wall to wall situation. In calculating dimensions, 2 feet may be
subtracted from each stall depth for each overhang and overlap. No subtraction for overlap
is allowed for angles greater than 60 degrees.
Surfacing:
Farmsteads, farming operations, detached single-family residential uses in
unplatted areas not accessed from a paved public street, and City of Otsego
essential service or park uses within the INS District shall have driveways and
parking areas surfaced with materials suitable to control dust and drainage.
2. All other uses shall have driveways and parking stalls surfaced with asphalt,
concrete, cobblestone, or paving brick.
3. For industrial uses that experience frequent heavy equipment utilization, which
could be expected to destroy or damage required surfacing materials, an
exemption to the surfacing requirements may be allowed by an interim use permit
pursuant to chapter 5 of this title, provided, that:
a. General public and employee access driveways and parking areas shall
not be included in the exemption.
b. At such time as the presence of heavy equipment is reduced or eliminated,
the surfacing of exempted areas shall be completed in compliance with this
title.
C. All other performance standards related to parking and driveways shall be
met.
D. Curbing: Except for agricultural uses; single-family, two-family and townhouses dwellings;
and City of Otsego essential service or park uses within the INS Zoning District, all open,
off street parking shall have a continuous six inch (6") high back concrete perimeter curb
barrier around the entire parking lot.
E. Grading:
The grade elevation of any parking area or driveways shall not exceed
a. Single family, two family and townhouses: ten percent (10%)
b. All other uses: four percent (4%).
2. Plans for surfacing and drainage of driveways and stalls for parking areas of five
(5) or more vehicles shall be submitted to the City Engineer for review, and the
final drainage plan shall be subject to written approval.
G. Striping: Except for single-family, two-family and townhouses dwellings, all parking stalls
shall be marked with white or yellow painted lines not less than four inches (4") wide.
H. Pedestrian Provision: All off street parking areas shall be designed with due regard to
pedestrian circulation. Off street parking areas shall be designed such that vehicle and
pedestrian circulation is accommodated in a safe, complementary and orderly fashion. When
curb separated sidewalks are provided at the head of parking stalls, the minimum width shall
be five feet (6).
10
Snow Storage: Adequate area for snow storage shall be provided on the site so as not to
reduce the required minimum number of parking stalls. In those cases where excessive snow
cannot be properly stored on site, it shall be immediately removed from the site.
Lighting: Any lighting used to illuminate an off street parking area shall be hooded and so
arranged as to reflect the light away from adjoining property, abutting residential uses, and
public rights-of-way, and shall be in compliance with section 11-16-6 of this title.
K. Signs: No sign shall be so located as to restrict the sight lines and orderly operation and
traffic movement within any parking lot or driveway. All signs shall be in conformance
with chapter 37 of this title.
L. Required Screening: All open off street parking areas of five (5) or more stalls shall be
screened and landscaped from abutting or surrounding residential districts and uses, and
the public right-of-way in compliance with section 11-19-3 of this title.
M. Lot Circulation:
Except in the case of single-family, two-family, and townhouse dwellings, parking
areas shall be designed so that circulation between parking bays or aisles occurs
within the designated parking lot and does not depend upon a public street or alley.
Except in the case of single-family, two-family, and townhouse dwellings, parking
area design which requires backing into the public street is prohibited.
2. In the case of single-family, two-family, and townhouse, dwellings that front on
streets designated as collector, minor arterial, or principal arterial by the
Comprehensive Plan, the installation of a vehicle turnaround area, immediately
adjacent to the access driveway is allowed and may be required by the Zoning
Administrator. Said area is to be no larger than ten feet (10') wide and ten feet (10')
in length. Where possible, said area shall be located away from the principal
structure and shall be no closer than twenty feet (20') from the street surface. Said
stall shall not be utilized for parking or storage purposes.
N. Within Structures: The off street parking requirements may be furnished by providing a
stall so designed within the principal building or one structure attached thereto; however,
unless provisions are made, no building permit shall be issued to convert said parking
structure into a dwelling unit or living area or other activity until other adequate provisions
are made to comply with the required off street parking provisions of this chapter.
11-21-8: NUMBER OF REQUIRED STALLS: The following minimum number of off street parking
stalls shall be provided and maintained by ownership, easement and/or lease for and during the life
of the respective uses hereinafter set forth:
Use Number Of Required Stalls
11
Residential: FF
Multiple -family 2.0 stalls per unit.
Senior housing, independent living
1 stall per dwelling unit or 1 stall per 2 dwelling
units
units when units are within a continuing care
retirement community facility.
Single and two-family 2 stalls.
F—
Townhouses
2.5 stalls per unit.
Institutional:
FF
Auditoriums, theaters, religious
1 stall per 3 seats of design capacity of the main
institutions, sports arenas
assembly with a maximum capacity less than or
equal to 1,000 persons or 1 stall per 2.5 seats of
design capacity of the main assembly with a
maximum capacity greater than 1,000 persons, plus
additional stalls required for adjoined facilities, not
including private or private nonprofit baseball fields
(see below).
Community center, physical culture
10 stalls plus 1 stall per 300 square feet over 2,000
studio, libraries, museums
square feet of floor area for the principal structure.
Public or private nonprofit baseball
1 stall per 8 seats of design capacity.
fields
School, elementary and junior
1 stall per 7 students based upon building design.
high
School, high school and post -high
1 stall per 3 students based on building design
school facilities
capacity, plus 1 stall per classroom.
Senior housing, assisted living and
4 stalls per 10 dwelling units, plus stalls equal to the
memory care units
number of employees on a maximum shift.
Commercial/industrial:
F
1
r
Animal hospital/kennel
1 stall for each 200 square feet of floor area.
Auto repair uses
1 stall per 200 square feet of floor area.
Auto sales
1 stall per 500 square feet of showroom plus 1 stall
for each 3,000 square feet of outdoor sales lot, plus
additional parking required for ancillary service or
repair.
r—
Auto wash
Drive through: 10 stalls.
Self-service: 1 stall per wash bay.
12
r -
Motor fuel stations: None in addition to that required
for the principal use.
r-
Beauty or barber shop
2 stalls per chair.
Bowling alleys
5 stalls per lane plus stalls as required for other
uses within the principal structure.
r -
Catering business/commercial
1 stall per 200 square feet or 1 stall for each
kitchen
employee on the maximum shift, whichever is
greater; plus 1 stall for each business vehicle
parked on site.
r-
Coffee/doughnut shop with or
1 stall per 50 square feet.
without drive through
Commercial self -storage
3 stalls plus 1 stall per 100 storage units.
(ministorage) facilities
Daycare facilities
In a residential district serving less than 12 persons:
2 stalls per use.
All others: 1 stall for each 4 persons of licensed
capacity.
Fast food restaurant with or without
1 stall per 70 square feet.
drive through
Fitness centers
1 stall per exercise station (e.g., strength machine
or cardiovascular) plus 1 stall per employee on the
largest shift plus additional parking required for
ancillary uses.
r -
Funeral home
20 stalls per chapel or viewing parlor, plus 1 stall for
each company vehicle maintained on site.
Adequate stacking stall shall also be provided for
staging funeral processions.
Furniture sales
1 stall per 400 square feet for first 25,000 square
feet, plus 1 stall per 600 square feet thereafter.
r -
Golf course
4 stalls per hole plus 50 percent of the parking stall
j
requirement for any associated retail use; on site
restaurant and/or banquet facilities shall provide
parking stalls for that use as required by this
section.
Instructional classes, dance
studios, karate centers, music
schools and similar uses
1 stall for each 200 square feet of floor area.
13
14
Major bus terminal, boat/marine
8 stalls plus 1 stall per 800 square feet of
sales and repair, bottling company,
manufacturing or display floor area over 1,000
trade shop with 6 or less
square feet.
employees, garden supply or
building materials sales
Manufacturing
1 stall per 350 square feet of floor area, plus 1 stall
per company vehicle not stored within the principal
structure.
Hotels/lodging
1 stall per unit, plus 1 stall for every 10 units.
Motor fuel stations and auto
4 stalls plus 2 stalls for each service stall plus other
repair
requirements for uses or sale of goods not directly
auto related.
Multiple occupancy retail or service
1 stall per 160 square feet of gross leasable floor
buildings with 3 or more tenants
area. The total required stalls may be reduced by
10 percent based upon approval of an
administrative permit by the Zoning Administrator.
Multiplex theater
1 stall per 3.4 seats (all other theaters shall be
subject to the requirements applicable to
auditoriums, theaters, religious institutions and
sports arenas established by this section).
Office buildings and professional
1 stall for each 200 square feet of floor area.
offices; banks, public
administration, and medical
Restaurants, clubs, lodges,
1 stall per 40 square feet of dining area and 1 stall
brewpubs, taprooms, tasting
for each 80 square feet of kitchen area.
rooms
Retail commercial uses (other)
1 stall per 200 square feet.
r-
Retail sales and service with 50
1 stall for each 200 square feet of public
percent or more gross floor area as
sales/service area, plus 1 stall for each 500 square
storage/warehouse or industry
feet of storage area.
Skating rink, banquet hall, private
20 stalls plus 1 stall per 200 square feet over 2,000
or public auction house
square feet.
r -
Truck wash
3 stalls plus 1 stall per service bay.
r—
Undertaking
20 stalls per chapel or parlor, plus 1 stall for each
company vehicle maintained on site. Adequate
stacking stall shall also be provided for staging
funeral processions.
Warehousing
Office: 1 stall per 200 square feet.
14
r -
Other: 1 stall per 1,000 square feet plus 1 stall per
company vehicle not stored within the principal
structure.
Uses not specified or not precisely [and
alculated by Zoning Administrator based upon,
identified ut not limited to, characteristics for similar uses
professional studies prepared by APA or ITE.
11-21-9: PARKING DEFERMENT: The Zoning Administrator may allow a reduction in the
number of required off street parking stalls for commercial, industrial, institutional, and multiple -
family uses by administrative permit in accordance with Chapter 8 of this title.
A. The proposed use will have a peak parking demand less than the required parking under
section 11-21-9.A of this chapter. Factors to be considered when reviewing the proposed
parking demand shall include, but not be limited to:
Size of building, or number of dwelling units and number of bedrooms per dwelling
unit.
2. Type and use.
3. Number of employees or residents.
4. Projected volume and turnover of customer traffic.
5. Projected frequency and volume of delivery or service vehicles.
6. Number of company owned vehicles.
7. Storage of vehicles on site.
B. In no case shall the amount of parking provided be less than one-half (1/2) of the number
of parking stalls required by this Chapter.
C. The site has sufficient property under the same ownership to accommodate the
expansion of the parking facilities to meet the minimum requirements of this chapter if
the parking demand exceeds on site supply.
D. Parking shall only occur in areas designed and constructed for parking in accordance
with this chapter.
E. The applicant and city enter into a development agreement, to be recorded against the
subject property, which includes a clause requiring the owner to install the additional
parking stalls, upon a finding of the Zoning Administrator that such additional parking
stalls are necessary to accommodate the use.
15
F. A change of use will necessitate compliance with the applicable zoning ordinance
standard for parking.
11-21-10: JOINT FACILITIES: The City Council may approve an interim use permit, pursuant
to chapter 5 of this title, for two (2) or more commercial or industrial businesses to provide the
required off street parking facilities by joint use of one (1) or more sites where the total number of
stalls provided is less than the sum of the total required for each business should they provide
them separately. To qualify for joint parking, the following conditions are required to exist.
A. Up to fifty percent (50%) of the parking facilities required for a theater, bowling alley, dance
hall, bar, or restaurant may be supplied by the off street parking facilities provided by types
of uses specified as primarily daytime uses in subsection D of this section.
B. Up to fifty percent (50%) of the off street parking facilities required for any use specified
under subsection D of this section as primarily daytime uses may be supplied by the
parking facilities provided by the following nighttime or Sunday uses: auditoriums
incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters,
bars, apartments or restaurants.
C. Up to eighty percent (80%) of the parking facilities required by this chapter for a church or
for an auditorium incidental to a public or parochial school may be supplied by the off
street parking facilities provided by uses specified in subsection D of this section as
primarily daytime uses.
D. For the purposes of this chapter, the following uses are considered as primarily daytime
uses: public schools, banks, business offices, retail stores, personal service shops,
household equipment or furniture shops, clothing or shoe repair or service shops,
manufacturing, wholesale and similar uses.
E. Conditions required for joint use:
The building or use for which application is being made to utilize the off street
parking facilities provided by another building or use shall be located within three
hundred feet (300') of such parking facilities.
2. Documentation as specified by the City shall be submitted demonstrating that there
is not substantial conflict in the principal operating hours of the two (2) buildings or
uses (for which joint use of off street parking facilities is proposed).
3. A properly drawn legal instrument, executed by the parties concerned for joint use
of off street parking facilities, duly approved as to form and manner of execution
by the City Attorney, shall be filed with the City Clerk and recorded with the Wright
County Recorder.
16
11-21-11: OFF SITE PARKING: The City Council may approve an interim use permit, pursuant
to chapter 5 of this title, use of off-site parking facilities provided that the following conditions are
met:
A. Off site parking shall be developed and maintained in compliance with all requirements
and standards of this title.
B. Reasonable access from off site parking facilities to the use being served shall be
provided.
C. Location:
1. Off site parking for multiple -family dwellings shall not be located more than one
hundred feet (100') from any normally used entrance of the principal use served.
2. Off site parking for nonresidential uses shall not be located more than three
hundred feet (300') from the main public entrance of the principal use being served.
D. Any use which depends upon off site parking to meet the requirements of this chapter
shall maintain ownership and parking utilization of the off site location until such time as
on site parking is provided or a site in closer proximity to the principal use is acquired and
developed for parking.
E. Except as provided for by section 11-21-115 of this title, the site used for meeting the off
site parking requirements of this chapter shall be under the same ownership as the
principal use being served or under public ownership.
F. Compliance with off street parking requirements provided through leased off street parking
may be approved by the City Council, subject to the following conditions:
1. The lease shall specify the total number and location of parking stalls under
contract, and this number, when added to any on site parking required, must be
equal to the total number of parking stalls required.
2. The lease instrument shall legally bind all parties to the lease and provide for
amendment or cancellation only upon written approval from the City.
3. The lease agreement shall incorporate a release of liability and any other
provisions, as recommended by the City Attorney, that are deemed necessary to
ensure compliance with the intent of this chapter.
G. No advertising sign or material is to be located on the property where the parking lot is
located.
Section 3. Section 11-85-5 of the City Code (1-1 District — Accessory Uses) is
hereby amended to add the following provision with existing sections renumbered
17
accordingly:
D. Semitractor trailer parking and land/sea container storage.
Section 4. Section 11-86-5 of the City Code (1-2 District — Accessory Uses) is
hereby amended to add the following provision with existing sections renumbered
accordingly:
D. Semitractor trailer parking and land/sea container storage.
Section 5. Section 11-87-5 of the City Code (1-3 District — Accessory Uses) is
hereby amended to add the following provision with existing sections renumbered
accordingly:
D. Semitractor trailer parking and land/sea container storage.
Section 6. Section 11-90-5 of the City Code (INS District — Accessory Uses) is
hereby amended to add the following provision with existing sections renumbered
accordingly:
D. Semitractor trailer parking and land/sea container storage; city of otsego
facilities only
Section 7. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2019.
ADOPTED by the City Council of the City of Otsego this 14th day of February,
W.
ATTEST:
Tami Loff, City Clerk
19
CITY OF OTSEGO
la
Jessica L. Stockamp, Mayor
ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING DEVELOPMENT
APPLCIATION FEES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 3-1-2.0 of the City Code is hereby amended to include the
following provision:
C. ; Development applications: Sec. 10-3-6 and
Sec. 11-1-8
-1;1 11111111111111IF-
- --— - i
Section 2. Section 10-3-6 of the Subdivision Ordinance is hereby amended to
read as follows:
10-3-6: FEES, CHARGES, AND EXPENSES:
A. Fees and charges, as well as expenses incurred by the City for engineering, planning,
attorney, and other services related to the processing of applications required by this title,
as well as for public hearings special meetings, or other such City Council or Planning
Commission actions as are necessary to process applications, shall be as set out in
section 3-1-2 of this Code. and GG"eGted by the Inning AdmiRistrater fnr deposit in the
Gity1
s aGGOunts. Fees shall be established feF building r�
1 �planned , r� l+ ,
w1'1'1
ing a r�'1endmTfeRtS, arl unit d-evel•e'�iTl Ie Il s, appeals, issuanGeof -a
faGilitieS, land filling epeFatiens, land exGavatien/grading, essential SerViGes, wind energy
establish. The COURGil may also establish charges fer PUbliG heaFiRgE;, speGial ,
eF other Such Counnil or Planning ('nmmicc'n+vR @@bens—as are eGessary to nrnrocc
B. Escrow: An escrow deposit required in section 3-1-2 of this code the shall be used for
payment of all costs incurred for City in the processing of an application required by this
title:
1
1. All costs incurred for City staff and consultants directly related to processina of an
application required by this title including preparation of reports or studies,
attendance at staff or public meetings, and any other expenses incurred with
processing of an application.
2. The property owner shall reimburse the escrow account for -any -deficits caused if
the amount actually expended by or billed to the City exceeds the fund balance.
3. The City shall refund any amount deposited in the escrow account not expended_
within sixty (60) calendar days after final action on the application.
-BC. SUG#-Fees, charges, and estimated expenses for the processing of a development
application required by this title , Of se required by the Z - _
Adminostrat shall be collected prior to City action on any application. The fees shall be
deposited in City accounts. The applicant shall not be paid interest on the fees required
by this section. All SUGh appliGati^nc shall be—as^^^r---,ed by -a- written statement
as set Gut in SeGtieR 3 1 2 of this Code as provided abeve, and WhiGh allews the City -to
assess the above fees, Gharges and expenses agaiRSt the 1andGWRer if SuGh menies
not paid within thirty (30) days after a hill is sent to the applinant/landown
D. All fees and expenses incurred by the City are to be paid whether the application is
approved or denied.
E The owner of the property subject to the application required by this title shall be
responsible for all costs incurred by the City in processing said application and enforcing
the terms of any agreements relating to the application in accordance with Minnesota
Statues Chapter 462.353, Subd. 4a.
F. Unpaid expenses:
1. All unpaid expenses incurred by the City under the City Code not covered by the
escrow will be charged against the property subject to the application and will be
the responsibility of the property owner pursuant to Minnesota Statutes Chapter
462.353.
2. The property owner shall be invoiced for the City's costs to where property tax
statements are sent by the County to be paid within thirty (30) days of the date of
the invoice.
3. Should the property owner not reimburse the City as required by this section. the
City shall be authorized to certify said unreimbursed costs plus interest to the
County Auditor for payment with the property owner's property taxes with interest
and said certified amounts shall constitute a lien against the property that shall be
collected and enforced in the same manner as general property taxes pursuant to
Minnesota Statutes Chapter 429.81.
Section 3. Section 11-1-8 of the Zoning Ordinance is hereby amended to read as
follows:
11-1-8:SCHEDULE OF FEES, CHARGES, AND EXPENSES:
A. Fees and charges, as well as expenses incurred by the City for engineering, planning,
attorney, and other services related to the processing of applications required by this title._
as well as for public hearings, special meetings, or other such City Council or Planning
Commission actions as are necessary to process applications. shall be as set out in
section 3-1-2 of this Code. and-GelleGted by the Zoning AdministFator fnr deposit On the
Gity's aGGGunts. Fees shall be established for building peFmitS, GE)nditienal use permits-,
zening amendMeRtS, varianGes, planned unit developments, appeals, issuanGe ef-a
faGilities, land filling epeFatiGRS, land eXGavatien/grading, essential seWiGeS, wind energy
systems, GOMmURiGatien deviGeS, review ef site/building plans, parking plans, leadIR9
plans, and SUGh other land use related PFGGedures as the GeunGil may frern time te
,
B Escrow: An escrow deposit required in section 3-1-2 of this code the shall be used for
payment of all costs incurred for City in the processing of an application required by this
title:
1 All costs incurred for City staff and consultants directly related to processing of an
application required by this title including preparation of reports or studies,
attendance at staff or public meetings. and any other expenses incurred with
processing of an application.
2. The property owner shall reimburse the escrow account for any deficits caused if
the amount actually expended by or billed to the City exceeds the fund balance.
3 The City shall refund any amount deposited in the escrow account not expended
within sixty (60) calendar days after final action on the application.
-BC. SUGh Fees, charges, and estimated expenses for the processing of a development
application required by this title , mt 60 Fequ red by the AeniRg
dministratshall be collected prior to City action on any application. The fees shall be
deposited in City accounts. The applicant shall not be paid interest on the fees required
by this section. All SUGh appliGations shall be --------,ed by a written staterneRt
D. All fees and expenses incurred by the City are to be paid whether the application is
approved or denied.
E The owner of the property subject to the application required by this title shall be
responsible for all costs incurred by the City in processing said application and enforcing
the terms of any agreements relating to the application in accordance with Minnesota
Statues Chapter 462.353, Subd. 4a.
F. Unpaid expenses:
1. All unpaid expenses incurred by the City under the City Code not covered by the
escrow will be charged against the property subject to the application and will be
the responsibility of the property owner pursuant to Minnesota Statutes Chapter
462.353.
2. The property owner shall be invoiced for the City's costs to where property tax
statements are sent by the County to be paid within thirty (30) days of the date of
the invoice.
3. Should the propertv owner not reimburse the Citv as reauired by this section. the
City shall be authorized to certify said unreimbursed costs plus interest to the
County Auditor for payment with the property owner's property taxes with interest
and said certified amounts shall constitute a lien against the property that shall be
collected and enforced in the same manner as general property taxes pursuant to
Minnesota Statutes Chapter 429.81.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 11th day of February,
2019.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk