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4.1 Zoning Ordinance Amendment Regarding Commercial Zoning and Uses Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 27 March 2023 PRESENTER(s) REVIEWED BY: ITEM #: Planning City Administrator/Finance Director Flaherty 4.1 – Zoning Ordinance STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of an ordinance amending the City Code regarding commercial zoning districts and uses. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes. Held by Planning Commission on 21 February 2023 BACKGROUND/JUSTIFICATION: The City Council Administrative Subcommittee has directed the Planning Commission to review the various uses allowed within the commercial zoning districts established by the Zoning Ordinance. The purpose of this review is to consider whether certain uses are appropriate for development within the commercial areas guided by the Comprehensive Plan in the area surrounding the TH 101 and CSAH 39 interchange. Comprehensive Plan. The 2012 Comprehensive Plan guides the area generally surrounding the TH 101 and CSAH 39 interchange as Otsego’s primary commercial area. The area is to develop with business serving both local as well as regional markets with retail, service, and office businesses that benefit from accumulative attraction and business interchange. These uses are also to provide opportunity for increased employment within the City, which also provides vital market to support for commercial businesses. The guidance of the Comprehensive Plan will respect to this area is not expected to change through the current update process. Allowed Uses. The table below summarizes the existing uses allowed within the B-2, Highway Commercial District and B-3, General Business District. There is currently a B-1, Transition District that is not designated on the Zoning Map that provides for limited commercial uses and opportunities for residential development. This district can be replaced by a planned mixed-use district to implement the recommendations of the Comprehensive Plan update. To this end, it is recommended that the B-1 District be revised to establish a retail district specific to the TH 101 and CSAH 39 interchange area with uses considered appropriate for the area by the City. Use B1 Retail Business B2 Highway Business B3 General Business Adult uses, principal and accessory P P P Banks and other financial institutions P P P Brew on premises P P P Brew pubs P P P Commercial recreation, indoor P P P Essential services other than 33kV – 100 kV P P P Fitness centers and health clubs P P P Funeral homes and mortuaries P P P Government utilities/buildings, Otsego only P P P Hotels P P P Instructional classes P P P On site and off site service businesses P P P Parks, Otsego only P P P Pawnshops P P P Personal wireless service antennas P P P Private clubs or lodges P P P Restaurants (not convenience type) P P P Retail sales P P P Tattoo parlors P P P Farms, farmsteads, farming I I I Outdoor sales/display A A A Temporary outdoor events/sales A A A Car washes C C Convenience food restaurant C C C Daycare C C C Essential services for 33kV – 100 kV C C C Government utilities/buildings, other than Otsego C C C Micro distilleries with tasting rooms C C C Minor auto repair C C Motor fuel station C C Motor vehicle sales/rental C Small breweries with tap rooms C C C Theaters C Veterinary clinics C C C Notes: Permitted Use: P Use by Administrative Permit: A Interim Use: I Conditional Use: C The proposed B-1, Retail Business District does not allow for certain automotive uses such as car washes and motor fuel facilities that are allowed in the existing B-3 District. The proposed B-1 District also does not allow for automobile sales or theaters like the B-3 District, which are only allowed in the B-2 District. The Planning Commission was also asked to provide direction as to whether minor auto repair uses, such as oil change businesses, tire shops, or repair businesses not involving body work or painting are to be allowed within this area. These uses have caused concern for the Planning Commission and City Council with respect to traffic generation, noise, light as to whether such uses are compatible with existing and planned land uses in this area of the City. The Planning Commission and City Council have also noted their opinion that these businesses do not tend to provide the same opportunities for employment or increase market support for surrounding businesses. The existing Holiday station and Coborns motor fuel uses, Tire’s Plus, and Due North car wash can be retained as allowed uses by including an exception provision for pre-existing uses within the B-1 District and modifying the respective PUD District for certain sites to allow a continuation of the use. If it is the City’s intent to see any of these uses be redeveloped, it is also possible to make the uses non-conforming through the amendment process. The existing use would be allowed to continue as is, but could not be enlarged or expanded in the future. City staff has received numerous inquiries regarding locations for automotive oriented businesses including motor fuel facilities, car washes, and minor auto repair within the TH 101 and CSAH 39 area and, to date, have been directing these uses to consider locations at TH 101 and CSAH 42, TH 101 and CSAH 38, or CSAH 19 north of CSAH 38. Zoning Map. City staff has prepared a draft amendment of the Zoning Map illustrating those areas to be rezoned to B-1 District, which is attached to the draft Zoning Ordinance amendment. Public Hearing. A public hearing to consider possible amendments of the Zoning Ordinance to this effect was opened at the Planning Commission meeting on 3 January 2023 and continued to the meeting on 21 February 2023. Ms. Stephanie Carpenter, who is interested in opening a minor auto repair business within the subject area, spoke in favor of retaining minor auto repair uses as an allowed use. Mr. Stephen Shea also spoke in favor of continuing to allow minor auto repair, specifically in support of Ms. Carpenter’s potential business. There were no further comments and the public hearing was closed. Planning Commission. The Planning Commission agreed that the existing locations developed with motor fuel and car wash uses are sufficient for the market needs of that area and discussed other possible locations for such uses available in the City with proximity and access to TH 101 and I-94. The Planning Commission also discussed that minor auto repair uses provide a positive opportunity for business interchange with other retail, service, and office uses within a commercial area and that these uses should be allowed. The Planning Commission noted that the Conditional Use Permit process allows the City oversight at specific locations to ensure that a proposed development is appropriate for the area, compatible with surrounding uses, and does not cause a negative impact. The Planning Commission voted 6-0 to recommend approval of the proposed Zoning Ordinance amendment with a modification to continue allowing minor auto repair as a conditional use. SUPPORTING DOCUMENTS ATTACHED: ▪ Zoning Map (Draft) ▪ Ordinance 2023-04 ▪ Summary of Ordinance 2023-04 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-04 amending the City Code regarding commercial zoning districts and uses and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A \\ \ \\ \ \ \ \ \ \\ \ \ \\\ \ \\ \ \\ \ \\ \ \ \ \ \\\ \ \\ \ \ \ \\ \ \ \ \\ \ \ \ \\\ \ \ \ \ \\ \\ \ \\ \\ \\ \ \\ \\\ ZONING MAP DISCLAIMER:This product is for informational purposes and may not have beenprepared for, or be suitable for legal, engineering, or surveyingpurposes. Users of this information should review or consult theprimary data and information sources to ascertain the usabilityof the information. K:\GIS\Projects\Municipal\OTSEGO\TPC\Comprehensive Plan 2012\Zoning Map.mxd 0 0.5 10.25 Miles É Last Amendment on 27 June 2022 by Ord 2022-13 N.E. 100th STREET N.E. 95th STREET N.E. 90th STREET N.E. 85th STREET N.E. 75th STREET N.E. 70th STREET N.E. 65th STREET N.E. 60th STREET JABERJACKSONJALGERJAMBORJAMESJAMISONJANDELJANETTJANSENKADLERKAEDINGMACIVERLASALLELARABEELANNONLARGELANDERLAMONTLAMBERTLACHMANLA BEAUXKANEKALLANDKALENDAKAISERKAHLERKAHLKAGANMACKENZIEMARLOWEMARSHALLMASONMAYELINMAYERMCALLISTERMELLUMNABERNADALANADLERNAPIERNASHUANASONNAUGHTORNEEDHAMNELMARKOAKWOODO'BRIANOCHOAO'DAYODEANODELLOGDENOGRENOHLANDPACKARDPADGETTPAGEPALMGRENPARELLPARKPARKINGTONPARRISHPARSONQUADAYQUALEQUANTRELLEQUAMQUASTQUEENSQUENROEQUIGLEYQUINRACHELERADFORDRAINTELLRAMIERRAMSLUNDRANDOLPHRANKINGRATHBUNRAWLINGSREAGORCITY FILES MUST BE CONSULTED TO VERIFY THE DISTRICT CLASSIFICATION OF PROPERTY IN ADDITION TO THIS ZONING MAP. THE ZONING MAP INDICATES EXISTING ALLOWED USES OF PROPERTY BY DISTRICT SUBJECT TO CHANGE IN ACCORDANCE WITH THECOMPREHENSIVE PLAN. THE COMPREHENSIVEPLAN MUST BE REVIEWED FOR INFORMATIONREGARDING POTENTIAL FUTURE DEVELOPMENTAND ALLOWED USES PROPERTY. NOTICE: LEGEND A-1 AGRICULTURAL-RURAL SERVICE AREA A-2 AGRICULTURAL-LONG RANGE URBAN SERVICE AREA R-C RESIDENTIAL-RURAL OPEN SPACE CLUSTER DISTRICT R-1 RESIDENTIAL-LONG RANGE URBAN SERVICE AREA (RIVER FRONTAGE) R-2 RESIDENTIAL-LONG RANGE URBAN SERVICE AREA (LARGE LOT) R-3 RESIDENTIAL-LONG RANGE URBAN SERVICE AREA R-4 RESIDENTIAL-URBAN SINGLE FAMILY R-4A RESIDENTIAL-SUBURBAN SINGLE FAMILY R-5 RESIDENTIAL SINGLE AND TWO FAMILY R-6 RESIDENTIAL-MEDIUM DENSITY DISTRICT R-7 RESIDENTIAL-HIGH DENSITY DISTRICT R-MH RESIDENTIAL-MANUFACTURED HOUSING R-B RESIDENTIAL-BUSINESS DISTRICT B-1 TRANSITION BUSINESS DISTRICT B-2 HIGHWAY COMMERCIAL B-3 GENERAL COMMERCIAL B-4 OFFICE PARK INS INSTITUTIONAL DISTRICT I-1 LIMITED INDUSTRIAL DISTRICT I-2 GENERAL INDUSTRIAL DISTRICT I-3 SPECIAL INDUSTRIAL DISTRICT PUD PLANNED UNIT DEVELOPMENT DISTRICT SHORELAND OVERLAY DISTRICT WILD AND SCENIC RIVER DISTRICT 1 ORDINANCE NO.: 2023-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING COMMERCIAL ZONING DISTRICTS AND USES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 11-2-2 of the Zoning Ordinance (Definitions) is hereby amended to add the following definitions: Off Site Service Business: A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. On Site Service Business: An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus unless. Office, General: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character. Office, Medical: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations, outpatient health services, and other uses of similar character. Retail Business: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales. Section 2. Section 11-50-1 of the Zoning Ordinance (Zoning Districts – Districts Established) is hereby amended to revise the following row: B-1 TransitionRetail Business District Section 3. Chapter 75 of the Zoning Ordinance (B-1 District) is hereby repealed in its entirely and amended to read as follows: 2 SECTION 75 B-1, RETAIL BUSINESS DISTRICT Section 11-75-1: Purpose 11-75-2 : Permitted Uses 11-75-3: Interim Uses 11-75-4: Uses by Administrative Permit 11-75-5: Accessory Uses 11-75-6: Conditional Uses 11-75-7: Lot Requirements and Setbacks 11-75-8: Maximum Building Height 11-75-1: PURPOSE: The purpose of the B-1 District is to provide specifically for the development of retail, restaurant, health services, office, and other non-automotive businesses located within the City’s primary commercial areas defined by the Comprehensive Plan. 11-75-2: PERMITTED USES: The following are permitted uses in a B-1 District: A. Adult uses, principal and accessory. B. Banks and other financial institutions. C. Brew on premises. D. Brewpubs. E. Commercial recreational uses, indoor only. F. Essential services other than transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV. G. Fitness centers and health clubs. H. Funeral homes and mortuaries. I. Governmental and public related utility buildings and structures, City of Otsego only. J. Hotels. K. Instructional classes. L. On-site and off-site service businesses. M. Offices, general and medical. N. Parks, trails, play fields, playgrounds, and directly related buildings and structures, City of Otsego only. O. Pawnshops. P. Private clubs or lodges serving food and beverages. Q. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. R. Retail sales. S. Restaurants (not convenience type). T. Tattoo parlors. 11-75-4: USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 11-8-2, the following are uses allowed in a B-1 District by administrative permit as may be issued by the Zoning Administrator. 3 A. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that: 1. The area so occupied shall not exceed ten (10) percent of the principal building. 2. No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances. 3. The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by Section 21 of this Chapter, except as may be exempted for cause by the Zoning Administrator. B. Temporary, outdoor promotional events and sales provided that: 1. Promotional Events. a. Such activity is directed towards the general public and includes grand openings, carnivals, craft shows, flea markets, mechanical and animal rides and displays of materials that are typically not sold or serviced on the site. b. The event shall not exceed the period specified in the administrative permit and in no case shall exceed three (3) consecutive calendar days per event. c. There shall be no more than two (2) promotional events per calendar per year per property. 2. Outdoor Sales. a. Such activity is directed towards the general public and include warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales, and licensed transient merchant and transient product merchant sales. b. The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. (1) The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed sixty (60) days per calendar year per property. (2) There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property. 4 (3) Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. c. General Standards: (1) The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises on a regular or seasonal basis shall be sold and/or promoted. (2) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of this Chapter. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Zoning Administrator, at the petitioner’s expense. (4) Signage related to the event shall be in compliance with the temporary sign standards of this Chapter and shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. 11-75-5: ACCESSORY USES: The following are permitted accessory uses in a B-1 District: A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. B. Off-street parking as regulated by Section 21 of this Chapter. C. Off-street loading as regulated by Section 22 of this Chapter. 5 D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. 11-75-6: CONDITIONAL USES: The following are conditional uses in a B-1 District subject to the procedures set forth in and regulated by Section 4 of this Chapter. A. Convenience food restaurants, provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to constitute a blighting influence within a reasonable distance of the lot. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 19 of this Chapter. 3. Each light standard island and all islands in the parking lot landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Section 16 of this Chapter. 5. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 21 of this Chapter and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 16 of this Chapter. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. The entire area other than occupied by buildings or structures or plantings shall be surfaced with blacktop or concrete which is subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with the provisions of Section 37 of this Chapter. B. Day care facilities as regulated by Section 30 of this Chapter. C. Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV. 6 D. Governmental and public utility buildings and structures; other than City of Otsego. E. Micro-distilleries with tasting rooms. F. Minor automobile repair, provided, that: 1. The hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. unless extended by the City Council. 2. All repair activities shall be conducted within the principal building with overhead doors to the service area(s) closed at all times, except when moving vehicles in and out. 3. The emission of odor by a use shall be in compliance with and regulated by the Minnesota Pollution Control Standards, Minnesota regulation APC 7011, as amended. 4. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota State Fire Code. 5. All outside storage is prohibited. Storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. G. Motor fuel sales approved prior to March 27, 2023, provided that: 1. Outside sales and service shall be allowed on a limited basis, provided that: a. Site Plan. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. b. Location. Outdoor sales and services shall be located adjacent to the principal building upon a concrete or asphalt surface behind a raised six (6) inch curb, on the raised pump islands or otherwise segregated from vehicle circulation under the canopy and shall not encroach into any required principal building setback, required parking stall, drive aisle, or minimum five (5) foot wide pedestrian sidewalk adjacent to the principal building where head-in parking is provided or otherwise impede vehicle and pedestrian circulation, except as provided for by Section 11-75-6.C.2.d of this Chapter. c. Outdoor Sales: (1) Area. The area devoted to outdoor sales shall not exceed ten (10) percent of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. 7 (2) Height. The height of sales displays not abutting the principal building or located between the fuel pumps under the canopy shall not exceed three (3) feet in height as measured from the grade of the adjacent drive aisle to the top of the display. All other outdoor sales displays shall not exceed five (5) feet in height measured from grade to the top of the display. (3) Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Section 21 of this Chapter. d. Outdoor services shall be limited to the following uses (1) Public phones may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. (2) Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. (3) A compressed air service or automobile vacuum areas may be located on- site provided they meet all principal building setbacks and do not interrupt on-site traffic circulation and do not occupy required parking stalls. (4) Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 11-75-6.C.1.b and 11-75-6.C.1.c of this Chapter, or shall be located in a side or rear yard and fully screened from view from adjacent properties as the public right- of-way with materials consistent with the principal building. 2. The hours of operation shall be limited to 6:00 AM to 12:00 AM, unless extended by the City Council. 3. Motor fuel activities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 4. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. 8 5. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment. 6. The entire site other than that taken up by a building, structure or plantings shall be surfaced with blacktop or concrete to control dust and drainage which is subject to the approval of the City Engineer. 7. At the boundaries of the lot, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 19 of this Chapter. 8. Each light standard base shall be landscaped. 9. Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City. 10. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 11. An enclosed screened area is to be provided for rubbish and dumpsters. H. Personal wireless service towers and antennas not located on a public structure, as regulated by Section 33 of this Chapter. I. Veterinary clinics and animal kennels, provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 3. An animal kennel is permitted as a use accessory to the veterinary clinic provided that: a. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. b. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F). c. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 9 d. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. e. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once (1) per day. f. All state health department and Minnesota pollution control agency requirements for such facilities are met. 11-75-7: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in a B-1 District, subject to additional requirements, exceptions and modifications set forth in this Chapter. A. Lot Area: One (1) acre. B. Lot Width: Two hundred (200) feet C. Setbacks: 1. Front yard: Setbacks Setbacks From From Right- Centerline of-Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. 2. Side yards: Ten (10) feet, unless if abutting a Residential District: Thirty-five (35) feet. 3. Rear yards: Twenty (20) feet, unless if abutting a residential district: Thirty-five (35) feet. 11-75-8: MAXIMUM BUILDING HEIGHT: A. Principal building: Thirty-five (35) feet B. Accessory building: Per Section 11-18-2.F of this Chapter. Section 4. The PUD, Planned Unit Development District approved by the City Council on 8 April 2002 for Otsego Waterfront is hereby amended to provide that the base allowance of permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business District, as well as those motor fuel uses approved prior to March 27, 2023, subject to and as may be modified by approval of a PUD Development Stage Plan in accordance with Chapter 36 of the Zoning Ordinance. 10 Section 5. The PUD, Planned Unit Development District approved by the City Council on 10 November 2003 for Otsego Waterfront East is hereby amended to provide that the base allowance of permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business District subject to and as may be modified by approval of a PUD Development Stage Plan in accordance with Chapter 36 of the Zoning Ordinance. Section 5. Ordinance 2005-19 adopted by the City Council on 26 September 2005 establishing a PUD, Planned Unit Development District for The Great River Centre of Otsego is hereby amended, except as it applies to Great River Centre of Otsego Fourth Addition, to provide that the base allowance of permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business District as well as those commercial car wash uses approved prior to March 27, 2023, subject to and as may be modified by approval of a PUD Development Stage Plan in accordance with Chapter 36 of the Zoning Ordinance. Section 6. Ordinance 2005-20 adopted by the City Council on 26 September 2005 establishing a PUD, Planned Unit Development District for Mississippi Shores 6th Addition, Mississippi Shores 7th Addition, and Mississippi Shores 8th Addition is hereby amended to provide that the base allowance of permitted, accessory, interim, and conditional uses shall be as provided for in the B-1, Retail Business District subject to and as may be modified by approval of a PUD Development Stage Plan. Section 7. The Zoning Map of the City of Otsego as established by Section 11-50-3 of the Zoning Ordinance is hereby amended to change the zoning classification of certain properties from B-3, General Business District to B-1, Retail Business District as shown by Exhibit A. Section 8. 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 27th day of March, 2023. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2023-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING COMMERCIAL ZONING DISTRICTS AND USES. NOTICE IS HEREBY GIVEN that on March 27, 2023, Ordinance 2023-04 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code pertaining to definitions of various commercial uses; establishment of a B-1, Retail Business District specifying allowed permitted, conditional, interim, and accessory uses and performance standards; and amendment of the Zoning Map designating areas zoned B-1 District. ADOPTED by the City Council of the City of Otsego this 27th day of March, 2023. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.