ITEM 5.2 Zoning OrdinanceOtCI�ezoz
MINNESOTA
nr-PARTMPKIT IRIFnRMATION
Request for
City Council Action
_.............
ORIGINATING DEPARTMENT.
Planning
REQUESFOR:
City Planner Licht
__.._...__
MEETING DATE,
11 February 2013
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
PRESENTER(S):
City Planner Licht
REVIEWED BY:
City Administrator Johnson
ITEM M
5.2 — Zoning Ordinance Update
Ar_»AInA ITFM nr-TAII R
RECOMMENDATION:
City staff recommends approval of an ordinance amending the Zoning Ordinance regarding building type
and construction.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Held by Planning Commission 4 February 2013
BACKGROUNDIJUSTIMCATION:
The Planning Commission reviewed proposed updates to the Zoning Ordinance initiated by City staff to
expedite an update of the requirements in the Zoning Ordinance for building type and construction
particularly as it relates to commercial and industrial uses. A comprehensive list of proposed updates to
the Zoning Ordinance and Subdivision Ordinance will be drafted in implementing the 2012 Otsego
Comprehensive Plan. The preliminary list of proposed amendments will be presented first to the
Administrative Subcommittee, then the Planning Commission to recommend to the City Council the
scope of the project. However, with increasing interest in commercial and industrial development
activities it is important that the City have in place it's intended standards for these land uses. The
matter was also timely to address the proposed exterior remodeling to the existing building located
within the Mississippi Shores development that has been acquired by Family Therapy.
The Planning Commission reviewed the initial draft language at their meeting on 7 January 2013 and
concurred with the changes recommended by City staff. A public hearing was noticed for the Planning
Commission meeting on 4 February 2013. No one from the public spoke during the hearing and the
Planning Commission had no further discussion. The public hearing was closed and the Planning
Commission voted 7-0 to recommend approval of the proposed Zoning Ordinance amendment as
presented.
SUPPORTING DOCUMENTS: o ATTACHED ❑ NONE
A. Planning Report dated 28 January 2013
B. Ordinance 2013-07
C. Summary of Ordinance 2013-07
POSSIBLE MOTION
_, .1.111
11
Please word motion as you would like It to appear in the minutes.
Motion to adopt Ordinance 2013-07 amending the Zoning Ordinance regarding building type and
construction.
BUDGET INFORMATION
FUNDING: i BUDGETED: d YES
❑ NO
N/A
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
MEMIkk 3601 Thurston Avenue N, Suite 100
MOIR Anoka, MN 66303
Phone: 763.231.6840
Facsimile: 763.427.0620
TPCQPlanningCo.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 28 January 2013
RE: Otsego — Zoning Ordinance update; Building Materials
TPC FILE: 101.01 --13.01
BACKGROUND
With the adoption of the 2012 Otsego Comprehensive Plan by the City Council,
attention now turns to an update of the City's development regulations. City staff will be
drafting an outline of initial modifications to the including the Zoning Ordinance,
Subdivision Ordinance and other related sections of the City Code to define the
proposed scope of work for update project, This information will be reviewed both by
the Planning Commission and City Council at future meetings.
The Planning Commission is advancing with review of Section 20-17-4 of the Zoning
Ordinance that establishes building type and material requirements. With increasing
interest in commercial and industrial development anticipated with an improving
economy, as well as a specific proposal to redevelop an existing commercial property,
several issues in this section of the Zoning Ordinance were reviewed by the Planning
Commission at their meeting on 7 January 2013 and identified as being in need of
expedited review and comprehensive revision. A public hearing has been noticed for
the Planning Commission meeting on 4 February 2013 to consider recommending the
proposed updates to the building materials section of the Zoning Ordinance to the City
Council.
Exhibit:
A. Draft ordinance amendment 2013 -XX
ANALYSIS
The Zoning Ordinance currently makes exemptions from building permits and
building materials for farm buildings. There is a need to provide greater
definition as to the applicability of these exemptions that are based in Statute for
rural areas of the City. To this end, City staff recommends including the
definitions of "agricultural building" and "agricultural purposes" in the Zoning
Ordinance and referencing those definitions regarding farming exemptions.
City staff proposes to include a range of precast concrete panel materials as
allowed materials that can be further distinguished into grades of finish by the
exterior texture. The definition of these materials is proposed to be added to the
Zoning Ordinance based on industry derived information.
The revised language in Section 20-17-4 of the Zoning Ordinance is to include
expanded statements as to the intent and purpose of the building construction
and material requirements as a guide to the applicability of these provisions.
The Zoning Ordinance currently breaks out various exterior finishes into separate
grades of materials. The following changes are proposed to this section:
o Grade A materials are revised to include only brick, custom masonry units
(CMU) with a brick like appearance and natural or artificial stone.
o Grade B materials now includes EIFS (formerly grade A). Cement
fiberboard is also added as an allowed grade B material based on its
durability and aesthetic quality, which has been used previously in the City
on Kaleidoscope Charter School as a primary exterior finish. Integral
color concrete panels with a textured finish are also added as a grade B
material.
o Grade C materials are revised to include primarily accent type materials
(at least as used on commercial, office, industrial or institutional buildings)
o Grade D materials include only concrete products having integral color
with a smooth finish.
Provisions are added to specify the extent to which the exterior finish must
include the foundation as well as provisions addressing roof materials and the
backs of parapets. There are commercial buildings that have developed within
the City where these previously unaddressed elements detract from the overall
quality appearance of the buildings.
A future topic of discussion will be the types and percentages of material grades
required to be used for townhouse and multiple family type uses to maintain a
desired architectural quality and durable exterior finish for these medium and
high density land uses and space has been reserved to insert these provisions.
2
The material requirements for commercial uses has been revised and divided
into subsections:
o Based on the PUD District design guidelines for Waterfront East and
Great River Centre, the percentage requirement of grade A materials for
commercial districts has been reduced from 75 percent to 65 percent.
This change coincides with the change to limit grade A materials to only
brick or stone consistent with these design guidelines. Grade B
materials, which would now include cement fiberboard or EIFS, may be
used for the balance of the exterior finish with up to 10 percent grade C
accent materials.
o Buildings with the B -C and B -W Districts would be required to use grade A
or precast concrete panels with a specific finish for 65 percent of any
facade facing a public street, with the balance of these facades consisting
of 35 percent grade B materials or up to 10 percent grade C materials.
Facades not facing a public street may utilize grade A or B materials with
up to 10 percent grade C materials. The distinction in materials between
the general commercial districts and the B -C and B -W Districts is that the
intended size of these building and allowed uses make these districts
higher standard office warehousing type developments in planned
locations of high visibility with good access.
Industrial uses carry forward the City's intent to require rock face block or better
construction for buildings in the 1-1 and 1-2 District. Under the revised schedule,
grades A, B or C materials must be used for any fagade facing a public street
with up to 25 percent grade D material used for facades not facility a public
street. A new provision addressing planned building expansions is also included
to allow use of grade D materials in this situation. The existing provision allowing
metal siding for buildings in the 1-3 District is carried forward into the revised
section.
Intuitional uses will be grouped with the B -C and B -W uses under the proposed
language whereas the existing Zoning Ordinance requires the same materials as
in the general commercial districts. Given the scale and intended use of these
facilities, the B W and B -C District requirements are more applicable again citing
Kaleidoscope Charter School or City Hall as examples.
The existing exception provisions of the current Zoning Ordinance language are
to be carried forward.
o The existing exception for essential services will no longer require
application for a conditional use permit.
o The exception provisions provide opportunity for flexible and creative
application of allowed building materials related to a specific architectural
3
design or theme that would be considered to meet the intent, if not the
letter, of the adopted building standards.
o An additional exception is provided for existing buildings to allow them to
be remodeled without complying with the specific percentages of exterior
materials. This exception is prompted by a proposal to redevelop the
former Hanalee Daycare building. This building is a post/beam type
building with standing vertical seam metal siding that does not meet
current (or proposed) exterior material requirements.
Under the non -conforming building provisions in Chapter 15 of the Zoning
Ordinance, the building must either be maintained with metal siding or
remodeled with an exterior finish that conforms to the current exterior
material requirements. The potential developer of this property has
proposed exterior modifications that would conform to the current material
requirements for the front facade. However, the sides and rear of the
building were to be resided almost 100 percent with cement fiberboard.
City staff believes that the developer's proposal would be a substantial
upgrade to the exterior of the building both in terms of aesthetic quality
and durability. To this end, the addition of cement fiberboard and
proposed exception language would allow for the upgrade of the building
as proposed requiring use of same or better materials, This lessening of
the building non -conformity is consistent with the City's goals to improve
non -conformity (even if it doesn't entirely eliminate the condition) while
also promoting the City's economic development objectives.
RECOMMENDATION
City staff recommends approval of a comprehensive revision to the building materials
section of the Zoning Ordinance as presented in the draft amendment attached hereto.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an ordinance amending the
building materials section of the Zoning Ordinance as presented.
B. Motion to table for further discussion.
C. Lori Johnson, City Administrator
Tam! Loff, City Clerk
Andy MacArthur, City Attorney
Loren Kohnen, Building Official
4
ORDINANCE NO.: 2013-07
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING BUILDING
TYPE AND CONSTRUCTION.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 20-2-2.A of the Zoning Ordinance (Definitions) is hereby
amended to add the following provisions:
Agricultural Building: All buildings, other than dwellings and accessory garages,
which are incidental for agricultural purposes, including, but not limited to, barns,
granaries, silos, farm implement storage buildings, and milk houses.
Agricultural Purposes: The raising, cultivation, drying, or storage of
agricultural products for sale, or the storage of machinery or equipment
used in support of agricultural production by the same farm entity. For a
property to be classified as agricultural based only on the drying or storage
of agricultural products, the products being dried or stored must have been
produced by the same farm entity as the entity operating the drying or
storage facility.
Section 2. Chapter 20-2-2.B of the Zoning Ordinance (Definitions) is hereby
amended to add the following provisions:
Building Material related: For the purposes of this Chapter, the following building
materials or finishes shall be defined as:
Acid Etch: A finish achieved by casting concrete against a smooth, hard
surface. After removal from the form the element is allowed to harden to a
uniform hardness. The element is then washed with an acid solution and
scrubbed to remove the cement surface to a sand level resulting in a
smooth, sand textured surface.
2. Brick: The conventional molded rectangular block of baked clay, nominal
four inch (4) width. Thin brick veneer, faux brick, or decorative brick shall
not be permitted as a building material for nonresidential structures.
3. Brick Face: A precast panel with a cavity cast in, or a plate cast in if the
brick runs to the bottom of the edge so that the brick can be set in the
panel after its removal from the form.
4. Cast Stone: A finish achieved by ramming moist zero slump concrete
against smooth rigid formwork until the product is densely compacted and
ready for removal from the form. After curing, the panel may be hand
rubbed or acid etched.
5. Exposed Aggregate: A finish achieved by:
a. Casting against a form surface that has been painted with retarder
that retards the set of the concrete at its surface.
b. Application of a chemical retarder to the surface of the form. The
retarder prevents the matrix from hardening at the surface of the
panel to a specific depth, controlled by the strength of the retarder.
After curing, the unhardened layer of matrix at the surface of the
panel is removed by a high pressure water washing, thus, exposing
the aggregate used in the concrete.
G. Casting concrete against a smooth hard surface. After removal
from the form, the finished surface is sandblasted to remove the
matrix and expose, as well as etch, the coarse aggregate.
6. Form Liners: A finish achieved by the use of plaster, rubber, grained
wood, rope or other material as a liner in the casting form to impart a
particular finish to the face of the panel.
7. Light Sandblast: A finish achieved by casting concrete against a smooth,
hard surface. After removal from the form, the element is given a light
sandblasting removing the cement skin from the surface resulting in a
smooth, sand textured surface.
8. Natural Stone Veneer: A finish achieved by placing natural stone pieces
into a form and casting concrete behind it resulting in a precast panel
having a natural stone face.
9. Smooth as Cast: Concrete placed against a hard, smooth formwork to
achieve a smooth "as cast" finish on the precast element.
10. Tooled: A finish achieved by casting concrete against a smooth or
specifically textured or patterned formwork. After removal from the form,
the hardened surface is treated mechanically to create the desired effect
such as "fractured fin" or "bush hammered".
2
Section 3. Chapter 20-17-4 of the Zoning Ordinance (Building Type and
Construction) is hereby amended to read as follows:
20-17-4: BUILDING TYPE AND CONSTRUCTION: Buildings in all zoning districts
shall maintain a high standard for exterior architecture to ensure a high
quality of development and land use compatibility that contribute positively
to community image in regard to material quality, visual aesthetics,
permanence and stability and to prevent use of materials that are
unsightly, deteriorate rapidly, or cause urban blight.
A. General Provisions:
1. General Design Concept: Building and/or project designs shall
utilize materials, colors, or details to meet the intent of these
architectural standards.
2. Design Elements: Projects may be required to utilize building
ornamentation features, including, but not limited to: columns,
arches, parapets, cornices, friezes, canopies, moldings, dentils,
corbels, quoins, rustication, vaults, domes, and cupolas.
3. Corporate Identity: The intent and purpose of these architectural
standards supersede corporate identity designs; when a corporate
identity design does not meet the intent and purpose of the
architectural standards, the corporate identity design shall be
limited to the area immediately adjacent to the main entry but shall
otherwise be consistent with the intent of this section.
B. Exterior Building Finishes:
1. For the purpose of this subsection, materials shall be divided into
grade A, grade B, grade C, grade D, and grade E categories as
follows:
a. Grade A:
(1) Brick or custom masonry units (CMU) having a brick -
like appearance.
(2) Glass.
(3) Natural or artificial stone.
b. Grade B:
(1) Exterior insulation and finish system (EIFS).
3
(2) Fiber -cement exterior siding (limited to vertical seam
or board/batten style for commercial, industrial uses).
(3) Integral color architecturally precast concrete panels
having an exposed aggregate, light sandblast, acid
etch, form liner, tooled, natural stone veneer, brick
face and/or cast stone type finish.
(4) Integral color specialty concrete block such as
textured, burnished block or rock faced block.
(5) Masonry stucco.
C. Grade C:
(1) Glass block.
(2) Opaque panels.
(3) Ornamental metal.
(4) Wood provided that the surfaces are finished for
exterior use or the wood is of proven durability for
exterior use, such as cedar, redwood or cypress.
d. Grade D:
(1) Integral color smooth as cast concrete block.
(2) Integral color smooth scored concrete block.
(3) Integral color smooth as cast concrete panels.
(4) Integral color architecturally precast concrete panels
having a smooth as cast finish.
e. Grade E:
(1) Aluminum siding.
(2) Steel siding.
(3) Vinyl siding.
2. Color:
4
(a) For the purpose of this Section, exterior finish materials
requiring integral color shall not include natural gray.
(b) Brick, stone and/or integral color concrete exteriors shall not
be painted during the life of the exterior materials.
3. Foundations:
a. Building foundations not exceeding one (1) foot and other
such portions of a building's facade below the elevation of
the first floor need not comply with the requirements for the
primary facade treatment or materials.
b. Foundation Requirements: Structures in excess of one
hundred fifty (150) square feet shall be constructed with
continuous structural load bearing perimeter foundations
except industrial uses within the 1-3 Zoning District and pole
buildings as expressly defined and permitted in accordance
with this Chapter.
4. Exposed Roof Materials:
a. Exposed roof materials shall be similar to, or an architectural
equivalent of a three hundred (300) pound or better asphalt
or fiberglass shingle, wooden shingle, standing seam metal
roof or better.
b. The back of parapets that are visible shall be finished with
materials and colors compatible with the front of the parapet.
5. Accessory Structures:
a. Except in A-1 and A-2 Districts, all accessory buildings in
excess of one hundred twenty (120) square feet that are
accessory to residential dwelling units shall be constructed
with a design and exterior building materials consistent with
the general character of the principal structure on the lot.
b. Accessory buildings for non-residential uses, including those
allowed in the residential districts, shall be of a similar
character, design, and facade as the principal structure.
6. Other building types and construction:
41
a. Except as allowed for buildings used for agricultural
purposes as defined by this Chapter, no galvanized or
unfinished steel or unfinished aluminum buildings (walls or
roofs), except those specifically intended to have a corrosive
designed finish such as COR -TEN steel shall be permitted in
any zoning district.
b. Pole Buildings: Except for buildings used for agricultural
purposes as defined by this Chapter, pole buildings shall not
be allowed as a principal building or structure.
7. Calculation:
a. The material shall comprise at least five percent (5%) of the
exterior wall to be considered in the calculations of exterior
materials required by this Section.
b. Garage doors, window trim, flashing accent items and the
like, shall not constitute required materials that make up the
exterior finish of a building for the purposes of this section.
C. Residential Uses:
1. The primary exterior building finish for residential uses shall consist
of grade A, B, C, D and/or E materials.
2. RESERVED (for townhouse and multiple family building standards).
D. Commercial, Office And Institutional Uses: The exterior of commercial,
office and institutional buildings shall include a variation in building
materials and forms to be distributed throughout the facade and
coordinated into the design of the structure to create an architecturally
balanced appearance and shall comply with the following requirements:
1. Business Districts (except B -C and B -W Districts):
a. The exterior building finish shall be composed of at least
sixty five (65) percent grade A materials; not more than thirty
five (35) percent grade B material and not more than ten (10)
percent grade C materials.
b. All sides of the principal and accessory structures are to
have essentially the same or coordinated harmonious
exterior finish treatment.
2, B -C. and B -W District Uses And All Institutional Uses Regardless of
Zoning District:
a. For any facade facing a public right-of-way, the exterior
building finish shall be composed of at least sixty-five (65)
percent grade A materials and/or integral color
architecturally precast concrete panels with a form liner,
tooled, natural stone veneer, brick face and/or cast stone
type finish, not more than thirty-five (35) percent other grade
B material and not more than ten (10) percent grade C
materials.
b. For all other facades, the exterior building finish shall be
composed of a minimum of ninety (90) percent grade A and
grade B materials and not more than ten (10) percent grade
C materials.
E. Industrial Uses:
Within the 1-1 and 1-2 Districts:
a. The primary exterior building finish for buildings shall consist
of grade A, B, C materials for those facades facing a public
right of way and a minimum of seventy (76) percent grade A,
B, C materials together with a maximum of twenty five (25)
percent grade D materials on all other facades.
b. Not more than one exterior wall designed for removal to
allow future building expansion shown on a site plan as
meeting all applicable lot requirements may be allowed to
use grade D materials notwithstanding other applicable
provisions of this section provided that the wall does not face
a public street.
2. Within the 1-3 District, the primary exterior building finish for
buildings shall consist of grade A, B, C, D materials and/or steel or
aluminum curtain wall panels.
F. Exceptions: Exceptions to the provisions of this section are allowed
subject to the following:
1, The use is an essential service as defined by this Chapter; or
2. Remodeling or maintenance that does not increase the gross floor
area of a building or structure existing as of [EFFECTIVE DATE]
7
shall be regulated by Section 15 of this Chapter and may utilize the
same or any higher grade materials.
3. Upon approval of a conditional use permit based on a finding by the
City Council that the applicant has demonstrated that the following
criteria are met:
a. The proposed building maintains the quality in design and
materials intended by this Chapter.
b. The proposed building design and materials are compatible
and in harmony with other structures within the district.
C, The justification for deviation from the requirements of this
Section shall not be based on economic considerations.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication according to Law.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this day of
20'i 3,
ATTEST:
Tami Loff, City Cleric
E
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
SUMMARY OF ORDINANCE NO.: 2013-07
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING BUILDING
TYPE AND CONSTRUCTION.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 20-2-2.A of the Zoning Ordinance (Definitions) is hereby
amended to add definitions of Agricultural Building and Agricultural Purposes,
Section 2. Chapter 20-2-2.13 of the Zoning Ordinance (Definitions) is hereby
amended to add definitions of the following:
1.
Acid Etch
2.
Brick.
3.
Brick Face.
4.
Cast Stone.
5.
Exposed Aggregate.
6.
Form Liners.
7.
Light Sandblast.
8.
Natural Stone Veneer.
9.
Smooth as Cast.
10,
Tooled.
Section 3. Chapter 20-17-4 of the Zoning Ordinance (Building Type and
Construction) is hereby amended to read as follows:
20-17-4: BUILDING TYPE AND CONSTRUCTION:
A. General Provisions.
B. Exterior Building Finishes.
C. Residential Uses
D. Commercial, Office And Institutional Uses
E. Industrial Uses.
F. Exceptions:
Section 4. This Ordinance shall become effective immediately upon its passage
and publication according to Law.
1
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this '11th day of
February, 2013.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Tami Loff, 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 Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego,
Minnesota 55330 during regular office hours.
2