11-15-04 PCITIE:Mr 3.2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plannerscvnacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 9 November 2004
RE: Otsego — T -Mobile; Project Update
NAC FILE: 176.02 — 04.04
Mr. Jeff Peterson of T -Mobile updated City Staff on 9 November 2004 regarding the
status of the site work to be undertaken at the northeast corner of CSAH 37 and 70th
Street to improve traffic visibility.
Quest expects materials and equipment necessary to move their existing cables from
the slope area to be delivered to the site on 10 November 2004 and expect to start site
work on Monday, 15 November 2004. Once Quest completes their work, T -Mobile has
a contractor ready to undertake the grade alterations shown on the plan approved by
the City Engineer. Mr. Peterson anticipates that the work will be competed by 19
November 2004.
We recommend that the Planning Commission again table the revocation of the CUP to
their meeting on 6 December 2004.
C. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersCq)nacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Laurie Shives/Daniel Licht, AICP
DATE: 9 November 2004
RE: Otsego — Zoning Ordinance; Swimming Pool Safety regulations
FILE NO: 176.08 — 04.17
BACKGROUND
Citizen concern has been raised regarding safety and regulation of swimming pools and
water features such as in -ground pools, above ground pools, ornamental ponds and
water gardens, etc. In response to concern expressed over the regulation of swimming
pools in the City of Otsego, the City Council has directed the Planning Commission to
investigate this matter.
ANALYSIS
Safety Research. According to the U.S. Consumer Product Safety Commission
(CPSC), an estimated 300 children under the age of five drown in swimming pools and
another 5,000 young children are estimated to need emergency room treatment
following submersion in a residential, privately -owned pool each year. Extensive
research by the CPSC found that nearly half of the pool drowning victims identified were
last seen in the house prior to the drowning and another 23 percent of the victims were
last seen outside on the porch/patio or in the yard — in total, 69 percent of all victims
were presumed to be in or near the pool when the accidents occurred. Upon
completion of the research on pool drownings, the CPSC has concluded that the best
way to reduce child drownings in privately owned pools is for the pool owner to
construct and maintain barriers (i.e. fences, gates, etc.) that will prevent young children
from accessing the pool.
Existing Regulations. The City of Otsego's Zoning Ordinance establishing safety and
security requirements for swimming pools (Section 20-16-5.C) currently regulates only
in -ground and above ground pools for which a building permit is required. A permit is
required for permanently constructed pools and prefabricated above ground pools with
a capacity of 5,000 gallons and/or two feet or more in depth. With the approval of a
permit, the pool owner is required to provide safeguards to prevent children from
gaining access to the pool when unsupervised. As written, the Otsego's Zoning
Ordinance does not address smaller above ground pools, kiddie pools, or ornamental
water features.
Section 20-16-5.0 of the Zoning Ordinance states that permitted pools must have
safeguards which would "prevent children from gaining uncontrolled access". These
safeguards are further defined as "fencing, screening or other enclosure, or any
combination thereof, of sufficient density as to be impenetrable". Any fence or other
barrier must be at least four feet in height and not more than four inches off the ground
or other surfaces to the bottom of the fence. All fence/barrier openings must also be
secured with a self-locking gate or door with a latch located at a height unreachable by
small children.
Current safeguards for regulated pools in the City of Otsego are sufficient. The issue is
with other pools and water features that are not regulated by the City and therefore are
not required to have safeguards. These unregulated pools and water features may
pose a safety hazard to small and unsupervised children much in the same way as
regulated pools. The City of Otsego may consider amending the Zoning Ordinance
regulating swimming pools to also include all in -ground and above ground pools, spas,
hot tubs, ornamental water features and the like so that these water uses will also be
required to establish adequate safeguards to insure the safety of vulnerable children.
Although the City may decide to amend some of the regulations for swimming pools and
water features, there is a practical limit to which the City can regulate these features can
be regulated from a permitting and enforcement perspective. The City should have
minimum regulations in place, but most of the responsibility for safety around pools and
water features should be placed on property owners, parents and other responsible
adults.
Proposed Ordinance Changes. Several amendments to the Zoning Ordinance may
be considered as a practical response to the safety concerns being raised.
Currently, Section 20-2-2 of the Zoning Ordinance defines a swimming pool as, " A
structure designed to be used for swimming which has a capacity of one thousand
(1,000) gallons or more or which has a depth of over twenty-four (24) inches". This
definition may be revised to include smaller sized permanent as well as temporary
pools, spas and hot tubs. Additionally, a definition for other water features not intended
for recreational swimming having a specified minimum surface area may be included in
Section 20-2-2 of the Zoning Ordinance so these features can be regulated and
required to have safeguards as needed.
Swimming Pool: A structure
that contains water which is used for
recreational swimming including all in -around, above -around and on -
around swimming pools, hot tubs and spas. This definition includes
temporary, portable, blow-up and/or wading pools, except those structures
that are only capable of holding less than twenty-four (24) inches of water
at the deepest point and are less than sixty-five (65) square feet in surface
area.
Ornamental Water Feature: A man-made pool, water garden, water
course, open tank or statuary fountain not wholly enclosed inside of a
building where swimming, for human recreation use, is not intended and
does not occur.
Additional language to strengthen the specific safety requirements for swimming pools
outlined in Section 20-16-5 of the Zoning Ordinance may also be considered:
20-16-5: Swimming Pools and Ornamental Water Features:
A. Swimming pools and ornamental water features shall be subject to the
requirements of Section 20-16-4 of this chapter.
B. An administrative permit shall be required for all
swimming pools with a capacity of €*�o one thousand (61,000) gallons or two (2)
feet or more in depth, and all ornamental water features with a surface area of
one hundred twenty (120) square feet or more or two(2) feet or more in depth.
Each application for a permit to construct a swimming pool or ornamental water
feature shall be accompanied by plans with sufficient detail to show:
The proposed location and its relationship to the other principle buildings
on the lot.
2. The size of the swimming pool or ornamental water feature.
3. Fencing and other fixtures existing on the lot, including utility location and
trees.
4. The location, size and types of equipment to be used in connection with
the pool or ornamental water feature including, but not limited to, filter unit,
pump, fencing and the pool or ornamental water feature itself.
5. That the requirements contained in Sections 20-16-5.0 and 20-16-5.D
shall be satisfied.
C. All hairpAt gm, swimming pools and ornamental water features for which an
administrative permit is required and granted shall be provided with safeguards
to prevent children from gaining uncontrolled access. This may be accomplished
with fencing, screening or other enclosure, or any combination thereof, of
sufficient density as to be impenetrable, subject to the following requirements:
The barrier shall be at least four (4) feet in height.
2. The opening between the bottom of the fence and the ground or other
surfaces shall not be more than four (4) inches.
3. Fences shall be of a non -corrosive material and shall be constructed so as
to be not easily climbable. All fence posts shall be decay or corrosion
resistant and shall be set in concrete bases or other suitable protection.
4. All fencing openings or points of entry into the pool enclosure shall be
equipped with gates or doors. All gates or doors to swimming pools shall
be equipped with self-closing and self -latching devices placed at a
sufficient height so as to be inaccessible to all small children.
5. Required fencing and/or other permitted barrier must be in place within
twenty-four hours after the swimming pool, spa or hot tub has been
constructed or filled.
6. Notwithstanding the provisions of Section 20-16-5.0 of the Zoning
Ordinance, spas and hot tubs having a span of nine feet (9') or less at the
widest point shall be locked with a top specifically_ made from the
manufacturer whenever not in use.
7. Ornamental water features with a depth areater than two (2) feet shall not
have a drop ratio greater than 3':1' and are required to have safety ledges
installed every twelve inches (12") of depth. Ornamental ponds are
required to have moving water as to prevent any hazards such as
infestations or stagnant water to occur.
D.
The swimming pool is to
be used solely for the enjoyment of the occupants and their _a_uests of the
principle use of the property on which it is located.
CONCLUSION
The City Council has directed the Planning Commission to review the existing
regulations for swimming pools established by the Zoning Ordinance to ensure
adequate protections are in place not only for swimming pools, but other water features.
The Planning Commission will discuss the issues outlined herein at their meeting on 15
November 2004 at 7:00 PM. City Staff is seeking specific direction and comments
regarding the draft Zoning Ordinance changes that have been offered.
C. Mike Robertson
Judy Hudson
Tim Rochel
Andy MacArthur
Ron Wagner
Steve Zoabek