3.4 Zoning Ordinance Amendments3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht
DATE: 24 May 2023
RE: Otsego – Zoning Ordinance
TPC FILE: 101.01
BACKGROUND
The City of Otsego has initiated amendments to the Zoning Ordinance to address a number of
items. These issues include definitions for instructional classes and schools, exterior building
material requirements for City public works and utility buildings, and driveway requirements for
single family lots. A public hearing to consider the proposed amendments has been noticed for
the Planning Commission meeting on 5 June 2023.
Exhibits:
Draft ordinance
ANALYSIS
Definitions. City staff is proposing to add definitions to the Zoning Ordinance pertaining to
instructional classes and schools. Without these definitions, there is not necessarily a
distinction between school facilities allowed within residential districts and the INS, Institutional
District and instructional classes as allowed within commercial districts. The intent of the
Zoning Ordinance is to regulate facilities such as Otsego Elementary School, Prairie View
Elementary School, Prairieview Middle School, and Kaleidoscope Charter School as separate
from commercial uses providing lessons in dance, music, tutoring, etc. Incorporating the
definitions allows the City to designate where the respective uses are to be allowed by zoning
district and establish performance standards applicable to the specific uses.
Item 3.4
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City Public Works and Utility Buildings. The City has the need to construct public works and
utility buildings to carry out its government functions. The Zoning Ordinance establishes the
INS, Institutional District for the purpose of designating areas in the City for development of
public facilities. Section 11-17-4.D.2 of the Zoning Ordinance currently requires that all
buildings within the INS District be constructed of at least 65 percent masonry or glass facing
public rights-of-way and that for all other elevations, the exterior building finish is to be
composed of 90 percent masonry, glass, or composite materials. Exceptions to these
requirements is allowed with approval of a conditional use permit.
City public works and utility buildings and structures may have unique specification or
functional requirements that necessitate exception to the exterior finish requirements
established by the Zoning Ordinance. As both the developer and zoning authority for such
buildings and structures, the City is acting in a unique capacity in determining appropriate
exterior finishes for its buildings taking into consideration aesthetics, durability, sustainability,
and compatibility with the surrounding area regardless of the conditional use permit process.
To facility planning and approval for City public works and utility buildings and structures, City
staff proposes to include an exemption for such buildings and structures from the exterior
finish requirements of the Zoning Ordinance.
A1/A2 District Driveways. Section 11-21-7.C.2 of the Zoning Ordinance requires that all single
family lots accessed from a paved public street have a driveway surfaced with asphalt,
concrete, or paver bricks. The intent of the provision is to provide a durable, dust free surface
to minimize erosion and dust impacting stormwater facilities and surrounding properties.
There have been a number of large acreage properties within the A1 and A2 District that have
not installed paved driveways as required by the Zoning Ordinance, in part due to the large
setback of the house from the front lot line that is significantly greater than the minimum front
yard setback. These lots are illegal non-conforming uses that are required to comply with the
requirements of the Zoning Ordinance. However, as City staff discussed this issue, there may
be an opportunity to revise the Zoning Ordinance to consider the situation of these lots and
others that may develop in the future under similar circumstances.
As noted above, the primary reason for the current performance standard is erosion and dust
control. The existing non-conforming properties also abut trails along public streets and City
staff has observed gravel being carried from the driveway on to the trail creating a public safety
risk. The intent of the Zoning Ordinance to minimize erosion and dust, as well as protect public
safety on the trail or street would be met by providing a hard surface within the public right-of-
way and a minimum distance from the property line into the front yard. City staff recommends
that the minimum depth of a required asphalt, concrete, or paver brick surface be equal to the
required front yard setback. The minimum depth of the hard surface would be 65 feet for lots
accessing arterial or collector streets designated by the Transportation Plan and 35 feet for all
other lots (plus the width of the right-of-way from the edge of the street to the property line).
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RECOMMENDATION
City staff recommends approval of an ordinance amending the Zoning Ordinance as presented.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an ordinance amending the Zoning
Ordinance as presented.
B. Motion to table.
c. Adam Flaherty, City Administrator
Audra Etzel, City Clerk
Ron Wagner, City Engineer
Kevin Lamson, Streets Supervisor
Nick Jacobs, Parks and Recreation Director
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ORDINANCE NO.: 2023-XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING BUILDING TYPE AND CONSTRUCTION.
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 provisions:
INSTRUCTIONAL CLASSES: A business that provides instruction in specific areas of knowledge or activities
including, but not limited to, cooking, dance, dog training, martial arts, music and musical instruments,
pottery, and/or yoga.
SCHOOL: A building used for the purpose of elementary or secondary education, which meets all the
requirements of compulsory education laws of the state of Minnesota, and not providing residential
accommodations.
SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of
government, the use of which meets compulsory education laws of the state of Minnesota, for
elementary school, middle school (junior high school), secondary (senior high school), or higher
education and which use does not secure the major part of its funding directly from any governmental
source.
SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws
of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior
high school), or higher education and which secures all or the major part of its funding from
governmental sources and is operated by a public agency or governmental unit.
Section 2. Section 11-17-4.F of the Zoning Ordinance (General Yard, Lot Area and Construction)
is hereby amended to add the following provisions and renumber the subsequent sections accordingly:
2. The building or structure is a public works or utility facility within an INS District, city of
otsego only.
Section 3. Section 11-21-7.C of the Zoning Ordinance (Off-Street Parking – Stall and Aisle Design)
is hereby amended to add the following provisions and renumber the subsequent sections accordingly:
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2. Residential uses with a lot area five (5) acres or larger within the A-1 and A-2 districts shall
provide for driveways and parking areas surfaced with asphalt, concrete, cobblestone, or
paving brick within the required front yard with all other driveways and parking areas
surfaced with materials suitable to control dust and drainage
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 ____ day of ________, 2023.
CITY OF OTSEGO
BY:_____________________________
Jessica L. Stockamp, Mayor
ATTEST:______________________________
Audra Etzel, City Clerk