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3.13 Ordinance 2023-06 Zoning Ordinance for Building Materials and Driveways Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 12 June 2023 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.13 – Zoning Ordinance STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. X 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 approval of an ordinance amending the Zoning Ordinance. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes – Held by Planning Commission 5 June 2023. BACKGROUND/JUSTIFICATION: The City of Otsego has initiated amendments to the Zoning Ordinance to address several 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 was noticed for the Planning Commission meeting on 5 June 2023. There were no public comments other than an email submitted by Christian Builders (attached). The Public Hearing was closed. Planning Commission members noted that the changes proposed to the residential driveway requirements would lessen the requirement for paved driveways for several non-compliant properties with new single-family homes. The Planning Commission voted 5-0 to recommend approval of the proposed Zoning Ordinance amendments as presented. SUPPORTING DOCUMENTS ATTACHED: ▪ Planning Report dated 24 May 2023 ▪ Christian Builders email dated June 5, 2023 ▪ Ordinance 2023-06 ▪ Summary of Ordinance 2023-06 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-06 amending the Zoning Ordinance regarding definitions, building materials, and driveway surfacing; and to approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 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. 2 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). 3 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 1 ORDINANCE NO.: 2023-XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING DEFINITIONS, BUILDING MATERIALS, AND DRIVEWAY SURFACING. 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) 2 is hereby amended to add the following provisions and renumber the subsequent sections accordingly: 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 __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 D. DANIEL LICHT From:Chad Christian <Chad@christianbuilders.com> Sent:Monday, June 5, 2023 10:55 AM To:D. DANIEL LICHT Subject:RE: Otsego - Driveways Hey Dan, My only comments would be how many of them in the area are having money being held as I know of a couple parcels in the area that they have no intenƟons of puƫng asphalt in. I get that it is up to the landowner and builder to know the requirements for the perspecƟve property. In the event of an unknown, we typically rely on the final inspecƟon and escrows to throw up a red flag. Quick Background of this parcel: 1. ChrisƟan Builders (as the builder) and Essington (Landowner) went into a contract to build them a house on their property. 2. In order to get our CO, we were told that there was to be an escrow held for landscaping. ChrisƟan Builders put up that escrow because we were contracted to do the landscaping. 3. Fast forward 18 months, the yard is all established and the landowner spent thousands of dollars and installed a very nice gravel driveway with an asphalt turnaround (because they never contracted us for this). We submit for a final landscape inspecƟon and it passes. The city then comes back and says, you need an asphalt driveway and we should have escrowed for that and we won’t release the landscape escrow enƟrely unƟl that is done. 4. I then reach out to the landowner and they state that they were never told they needed asphalt the enƟre way. 5. So now ChrisƟan Builders landscape escrow will be held hostage unƟl the homeowner decides to put asphalt the enƟre way (or 65Ō). We both know the $2,000 being held will never cover that amount of asphalt so the landowner basically tells us to piss off. I know I am ranƟng about something that is not your problem but the city ordinances are not the easiest to navigate and understand (unless you’re well versed in it like yourself). My recommendaƟon is (especially on rural lots) , that ciƟes building permits should have condiƟons noted. What requires an as-built survey, what requires asphalt or concrete, what requires established vegetaƟon, etc. It’s a lot easier for the builder to have these conversaƟons at the beginning of (or during) construcƟon. Compared to 18 months aŌer we have closed. Thanks for hearing me out. From: D. DANIEL LICHT <ddl@planningco.com> Sent: Tuesday, May 16, 2023 1:13 PM To: Chad Christian <Chad@christianbuilders.com> Subject: Otsego - Driveways Hi Chad: City Council Admin SubcommiƩee directed City staff to present an ordinance amendment to the Planning Commission to only require a paved driveway up to the front setback line for lots within the A1 and A2 Districts. This would change the 2 requirement for the owner of the house you built on 85th Street from the full length to 65Ō. plus the area within the public right-of-way. A public hearing has been noƟced to consider the amendment for the Planning Commission meeƟng on Jun 5 at 7:00PM. You or your clients are welcome to aƩend to provide comment or can email them to me as well. Let me know if you have any quesƟons. Thanks. Sincerely, D. Daniel Licht THE PLANNING COMPANY LLC 3601 Thurston Avenue, Suite 101 Anoka, MN 55303 612.991.2230 DDL@PlanningCo.com 1 ORDINANCE NO.: 2023-06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING DEFINITIONS, BUILDING MATERIALS, AND DRIVEWAY SURFACING. 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. 2 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: 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 12th day of June, 2023. CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2023-06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING DEFINITIONS, BUILDING MATERIALS, AND RESIDENTIAL DRIVEWAY SURFACING. NOTICE IS HEREBY GIVEN that on June 12, 2023, Ordinance 2023-06 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 for instructional classes and schools, building materials for City public works and utility buildings and structures, and driveway surfacing requirements for residential uses. ADOPTED by the City Council of the City of Otsego this 12th day of June, 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.