ITEM 2.2ITEM 2..
3601 Thurston Avenue N, suite 100
Anoka, MN 55303
Phone; 763, 231 .5840
Facsimile: 763.427.0520
TPC9Plan ningCo.corn
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 31 January 2014
RE: Otsego —Zoning ordinance Updates Section 16, 18-19
TPC FILE: 101.01
The city has initiated an update of the Zoning Ordinance and subdivision Ordinance
following adoption of the 2012 comprehensive Pian. This memorandum forwards
revisions to Sections 16 as well as 18 and 19 of the Zoning Ordinance for Planning
Commission review and discussion. The primary changes to these chapters involve a
reorganization of section 16, which address general performance standards applicable
to uses within the range of zoning districts. We have provided the complete text of each
section so that the changes can be reviewed in context and also to allow for additional
discussion by the Planning commission as to how certain applications are processed
and evaluated.
Exhibits:
A. Draft Zoning ordinance sections 16, 1 8-1 9
ANALYSIS
■ The regulations in section 16 of the Zoning ordinance are general standards that
apply generally to land uses within the city. In revising this section, city staff
sought to simply and minimize the extent of the provisions within section 16 and
move frequently referenced standards to be standalone sections. These
changes include:
o Moving regulations for accessory buildings, swimming pools, refuse, and
sales in residential districts to be incorporated as Section 18 of the Zoning
Ordinance.
o Moving regulations for fences, landscaping and required landscaping and
screening as Section 19 of the Zoning ordinance.
■ Temporary dwelling units allowed by Section 20-16-2.E of the Zoning ordinance
are to be processed specifically as administrative permits. Redundant provisions
within this subsection related to processing of such requests, variances and fees
have been deleted.
■ Language is added in Section 20-16-2.o specifying provisions related to
development of outlots clarifying the situation that occurred with the Justen
Addition whereby the city Council approved a preliminary and final plat to
establish an outlot into lots and blocks to allow for development of single family
dwellings.
■ city staff proposes to revise the provisions for traffic visibility triangles outlined in
Section 20-16-4 to allow for measurement in the field based on the edge of
pavement or curb line versus property lines. Exceptions to the traffic visibility
triangle requirements are also specified to avoid potential conflicts in regulations
outlined in the Zoning ordinance and/or city code.
■ The city Engineer has reviewed Section 20-16-6 of the Zoning ordinance related
to drainage plans to ensure consistency with the provisions included in Chapter 4
and Chapter 6 of the city code and the Engineering Manual. A provision
requiring the lowest floor of a structure to be a minimum of three feet above the
ground water is added as a flood protection measure for lots created after the
effective date of the ordinance amendment. Also, existing Section 20--16-22 of
the Zoning ordinance addressing temporary storage of fill is deleted in favor of
existing language in Chapters 4 of the City code.
■ References to MPCA management rules for smoke, dust, odor, and noise are
updated to reflect current provisions.
■ Requirements for sewage disposal systems are revised to reference more
comprehensive regulations adopted within Chapter 6 of the city Code.
■ Provisions addressing accumulation of waste of waste materials to city utilities is
revised to reference more comprehensive regulations in the City code.
■ Regulations governing uses in public rights--of-way is relocated from Section 18
and is revised to reference chapter 6, Section 6 of the city Code.
■ Standards related to accessory buildings and uses are grouped together as a
revised Section 18:
o The exception for farm properties is clarified that only uses meeting the
definition of agricultural purposes previous adopted are exempt and only
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as it relates to accessory building area, building type and construction and
height. Farre buildings remain subject to applicable setback requirements.
o Section 20-18-2.C.1 is clarified to specify that detached accessory
structures for single family and two family uses are prohibited in front
yards (closer to the street than the dwelling) within residential Zoning
districts.
o Additional language is added to Section 20-18--3.A.2 to clarify allowance of
outdoor storage for recreational vehicles, trailers and other equipment
regarding location, setbacks and surfacing requirements.
o Standards for waste and recycling containers are revised to allow single
family dwellings to keep these receptacles outdoors in a side or rear yard
based upon the type of receptacle that is now common.
Standards related to landscaping, fences and required screening are codified
together as a revised Section 19. Existing provisions related to building
relocation will be moved to Section 17, which outlines building requirements.
o Comprehensive regulations addressing general landscaping were added
to Section 5 of the City Code, which are incorporated by reference into the
Zoning ordinance.
o The City has required installation of two trees per single family lot as part
of final plat approvals but this standard was not included in the Zoning
Ordinance. To ensure that the requirement is enforceable, language is
added as Section 20-19-2.13.1
o The listing of specific allowed plant types is eliminated in favor of plants as
approved by the Zoning Administrator to allow flexibility in addressing site
specific issues or issues that may arise with specific plant types (Emerald
Ash Boarer).
o The landscape guarantee requirement is revised from two years to one
year consistent with Nursery practices,
o Provisions regarding fences include additional language regarding
determination of property boundaries requiring the property owner to
locate the corner irons or the City may require either a survey to identify
property lines in the field or agreement from the abutting property owner
as to the location of the fence. The intent of this language is to ensure
that the fence is located entirely upon the property of the person erecting it
and avoid disputes in the future.
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o Fences used as required screening or for commercial and industrial uses
would be required to use vinyl, masonry or composite products (or chain
link when not a screening fence) to ensure long-term maintenance.
CONCLUSION
The Planning commission will review the proposed Zoning ordinance amendments for
Sections 15 and 18-19 at their meeting on 3 February 2014.
C. Lori Johnson, city Administrator
Tami Loff, city clerk
Andy MacArthur, City Attorney
Ron Wagner, city Engineer
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