05-05-08 PC1-117EM 3_1
NORTHWEST ASSOCIATED CONSULTANTS, INC,
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
IF Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners-&-nacplanning.com
PLANNING REPORT - updated
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Island View Bluff; CUP and Preliminary/Final Plat
REPORT DATE: 30 April 2008 ACTION DATE: 2 June 2008
NAC FILE: 176.02
BACKGROUND
Ms. Joanna Bame owns Lot 14, Block 7 and Outlot A of Island View Estates. Ms.
Bame's two parces are separated by Lot 15, Block 7 Island View Estates owned by Eric
and Amy Rolseth. The three parcels are undeveloped riparian lots along the
Mississippi River at Kahler Avenue and 1015' Street. The three parcels are zoned R-1,
Residential Long Range Urban Service District (River Frontage) and are within the WS,
Wild Scenic Recreational River District.
The three parcels have been deemed unbuildable due to erosion of the bluff along the
Mississippi River between Lots 14 and 15, Block 7 resulting from stormwater drainage
of the overall Island View Estates development and past excavation of the parcels
creating issues with locating septic drainfield sites. The property owners are proposing
to install stormwater drainage improvements and have submitted plans for on-site septic
systems for three lots to address the existing conditions. The development plans
require consideration of a conditional use permit in accordance with Sections 20-15-2.A,
20-61-5.0 and 20-95-4 of the Zoning Ordinance regarding development of substandard
lots in the WS District and a preliminary/final plat to establish Outlot A as a buildable lot.
Exhibits:
A. Site location
B. Existing Conditions
C. Grading, Drainage, Utility and Erosion Control Plan
D. Preliminary Plat
E. Final Plat
ANALYSIS
Lot Requirements. The table below states the minimum lot requirements for the R-1
District and WS District.
All three parcels have less than the required minimum lot area. Section 20-94-5, 20-15-
2.A and 20-61-5.0 of the Zoning Ordinance provide for development of a non-
conforming lot of record as a conditional use. Approval of the conditional use permit is
subject to a minimum lot area of 20,000 square feet, compliance with applicable
setbacks and provision of adequate sewage disposal facilities. The three parcels all
meet the minimum 20,000 square foot lot requirement.
Setbacks. The table below states the minimum setback requirements of the R-1
District and WS District. The setbacks are shown on the submitted preliminary plat and
grading plan. All of the proposed building sites and septic drainfields comply with the
applicable setback requirements.
Front Side Rear OHWM Bluff
35 ft. 10 ft. 50 ft. 100 ft. 30 ft_
Grading Plan. The major limitation on development of the three parcels is stormwater
drainage. The outlet for a majority of the stormwater drainage in Island View Estates is
along the side lot line between Lots 14 and 15, Block 1. This drainage is causing
severe erosion of the bluff as it has in other location along the Mississippi River. To
address this situation, the property owners are proposing to construct a stormwater
structure that would capture stormwater near the front of the lots, pipe them to the bluff
line and provide a vertical drop structure that lowers the water to an outlet at the
elevation of the Mississippi River to eliminate erosion. These improvements will be
constructed a the property owner's expense. The grading, drainage and erosion control
plan is subject to review and approval of the City Engineer.
Utilities. The other limiting factor on development of the three parcels was excavation
of the site as part of a past road project. The disturbance of the soils has restricted the
ability to construct on-site septic systems. However, the property owners have
submitted plans and specification for a standard on-site system to be constructed by
excavating the disturbed soils and placing a sand foundation for the drainfield. The
design of the septic drainfield is subject to review and approval by the City Engineer and
Building Official.
Easements. The preliminary and final plats for Lot 1, Block 1 Island View Bluff
illustrates drainage and utility easements at the perimeter of the proposed lot as
required by Section 21-15-7 of the Subdivision Ordinance. The preliminary and final
N
Min. Lot Area
Min. Lot Width
Required
2.5 ac.
150ft.
Proposed
Lot 14
0.90ac.
155ft.
Lot 14 0.92ac.
155ft.
Outlot A 0.95ac.
155ft.
All three parcels have less than the required minimum lot area. Section 20-94-5, 20-15-
2.A and 20-61-5.0 of the Zoning Ordinance provide for development of a non-
conforming lot of record as a conditional use. Approval of the conditional use permit is
subject to a minimum lot area of 20,000 square feet, compliance with applicable
setbacks and provision of adequate sewage disposal facilities. The three parcels all
meet the minimum 20,000 square foot lot requirement.
Setbacks. The table below states the minimum setback requirements of the R-1
District and WS District. The setbacks are shown on the submitted preliminary plat and
grading plan. All of the proposed building sites and septic drainfields comply with the
applicable setback requirements.
Front Side Rear OHWM Bluff
35 ft. 10 ft. 50 ft. 100 ft. 30 ft_
Grading Plan. The major limitation on development of the three parcels is stormwater
drainage. The outlet for a majority of the stormwater drainage in Island View Estates is
along the side lot line between Lots 14 and 15, Block 1. This drainage is causing
severe erosion of the bluff as it has in other location along the Mississippi River. To
address this situation, the property owners are proposing to construct a stormwater
structure that would capture stormwater near the front of the lots, pipe them to the bluff
line and provide a vertical drop structure that lowers the water to an outlet at the
elevation of the Mississippi River to eliminate erosion. These improvements will be
constructed a the property owner's expense. The grading, drainage and erosion control
plan is subject to review and approval of the City Engineer.
Utilities. The other limiting factor on development of the three parcels was excavation
of the site as part of a past road project. The disturbance of the soils has restricted the
ability to construct on-site septic systems. However, the property owners have
submitted plans and specification for a standard on-site system to be constructed by
excavating the disturbed soils and placing a sand foundation for the drainfield. The
design of the septic drainfield is subject to review and approval by the City Engineer and
Building Official.
Easements. The preliminary and final plats for Lot 1, Block 1 Island View Bluff
illustrates drainage and utility easements at the perimeter of the proposed lot as
required by Section 21-15-7 of the Subdivision Ordinance. The preliminary and final
N
plat must be revised to provide drainage and utility easement in the area between the
OHWM and bluff line. There is an existing 40 foot wide easement overlying the side lot
line b6tween Lots 14 and 15, Block 7 Island View Estates that is sufficient to
accommodate the planned stormwater drainage improvements. All drainage and utility
easements are subject to review and approval by the City Engineer.
Tree Preservation. Lots 14 and 15, Block 7 are mostly clear of trees except in the area
between the OHWM and bluff line. Proposed Lot 1, Block 1 Island View Bluff has
scattered trees throughout the site. Section 20-95-10 of the Zoning Ordinance restricts
cutting of trees larger than four inches in diameter measured at four feet above grade
within 100 feet of the OHWM and 20 feet landward of the bluff line. An inventory of
existing trees within these areas must be submitted and indicate those trees to be
saved and those to be removed as part of the site development as part of a tree
preservation plan in accordance with Section 21-7-22 of the Subdivision Ordinance.
The tree preservation plan is subject to review and approval by City staff.
Access. The three lots have frontage to and will access Kahler Avenue. Kahler
Avenue is a paved rural section local street. Construction of the access to Kahler
Avenue must conform to the design of Standard Plate 109 of the Engineering Manual
and is subject to review and approval by the City Engineer.
Park and Trail Dedication. Platting Outlot A Island View Estates as a buildable lot
requires dedication for parks and trails. The Parks and Trails Plan does not identify a
need for a City park or trail in the area of the subject site. As such, satisfaction of park
and trail dedication requirements will be in the form of a cash fee in lieu of land of
$3,280.00.
Development Contract. The property owners are required to enter into a development
contract with the City for completion of the proposed stormwater drainage
improvements and platting of Island View Bluff. The development contract is to be
drafted by the City Attorney and shall be executed prior to release of the final plat for
recording or commencement of site improvements.
CUP Criteria. Consideration of the CUP application is to be based upon, but not limited
to, Section 20-4-2.17 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment. The Comprehensive Plan guides the subject site for low density
residential uses, which the proposed use is consistent with. A goal of the
Comprehensive Plan is improvement of existing neighborhoods. The proposed
construction of stormwater drainage facilities within Lots 14 and 15, Block 7
allows for development of the subject site but also benefits the larger drainage
area within Island View Estates.
2. The proposed use's compatibility with present and future land uses of the area.
3
Comment: The subject site is surrounded by similarly sized, developed single
family residential lots. The proposed use will be compatible with the existing
character of the neighborhood and improve the condition of the neighborhood by
addressing the stormwater drainage issue.
3. The proposed use's conformity with all performance standards contained within
the Zoning Ordinance and other provisions of the City Code.
Comment: The proposed use conforms to the requirements for development of
substandard lots of record established by the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment. Development of the three lots will be adequately served by existing
City streets.
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Comment. The proposed use will improve the stormwater management facilities
in the area and is within the capabilities of other City services.
RECOMMENDATION
The development of the three existing parcels includes construction of needed
stormwater drainage improvements benefiting the Island View Estates neighborhood.
Furthermore, the submitted plans demonstrate conformance to the requirements for
development of substandard lots of record set forth by the Zoning Ordinance. However,
City staff recommends that the applications be tabled at this time to allow the applicant
the opportunity to address detail items outlined in the Engineering Review.
POSSIBLE ACTIONS
A. Motion to approve a Conditional Use Permit and Preliminary/Final Plat for Lots
14 and 15, Block 7 Island View Estates and Lot 1, Block 1 Island View Bluff to
allow development of substandard lots within the WS District pursuant to Section
20-61-5.0 and 20-95-5 of the Zoning Ordinance, subject to the following
conditions:
All grading, drainage and erosion control plans shall be subject to review
and approval by the City Engineer.
2. The submitted utility plan shall be subject to review and approval by the
City Engineer.
9
3. The applicant shall submit a tree preservation plan for the three lots in
accordance with Section 21-7-22 of the Subdivision Ordinance for the
area subject to Section 20-95-10 of the Zoning Ordinance, subject to
review and approval of City staff.
4. The preliminary and final plat for Island View Bluff to establish a drainage
and utility easement over the area between the OHWM and defined bluff
line.
5. All easements are subject to review and approval by the City Engineer.
6. The applicant shall pay a cash fee in lieu of land of $3,280.00 to satisfy
park and trail dedication requirements in accordance with Section 21-7-18
of the Subdivision Ordinance.
7. The applicant shall enter into a development agreement with the City
regarding the proposed stormwater drainage improvements and
preliminary/final plat, subject to review and approval by the City Attorney.
8. The Island View Bluff final plat shall be recorded with Wright County within
one hundred (100) days of City Council approval.
B. Motion to deny the applications based on a finding that the request is
inconsistent with the Comprehensive Plan and requirements of the Zoning
Ordinance and Subdivision Ordinance.
C. Motion to table.
G. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Joanna Bame, applicant
Eric and Amy Rolseth, applicant
Mike Brandvold, Anderson Engineering of Minnesota, LLC
V I
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8/02 UPDATED MAP
7/00 UPDATED MAP
1/99 UPDATED MAP
5/98 UPDATED MAP
01/08 UPDATED MAP
02/07 UPDATED MAP
04/08 UPDATED MAP
10/04 UPDATED MAP
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Hakanso
Anderson Thurston Avenue, Anoka, MN55303
ssoc.,1nc. Phone: 763/427-5860 Fax: 763/427-0520
MEMORANDUM
To: Honorable Mayor and City Council
cc: Mike Robertson, Administrator
Judy Hudson, Clerk
Dan Licht, NAC
Andy MacArthur, City Attorney
Ronald Wagner, P.E. City Engineer
Joanna Same, Applicant
Michael Brandvold, P.E., Anderson Engineering of Minnesota, LLC
From: Brent Larson, P.E.
Date: May 1, 2008
Re: Island View Bluff
We have reviewed the Preliminary and Final Plats, 4/18/08 revision, as well as the Preliminary Plans,
4/18/08 revision, for the above -referenced project and offer the following comments:
Final Plat
A minimum 20' wide drainage and utility easement centered over the 15" storm sewer is required
through the rear yard of Lot 1, Block 1.
2. Additional drainage easement is needed to cover the overflow down the river bluff bank.
3. The preliminary grading and utility plans depict a 40' wide easement centered on the northwest
property line of Lot 1, Block 1.
Preliminarv/Final Plans
Preliminary Plat (Sheet 1)
The Preliminary Plat shall be signed by a licensed land surveyor and not an engineer.
Preliminary Grading, Drainage, Utility and Erosion Control (Sheet 2)
The proposed plans have been revised so that the drain fields for the septic systems are to be placed
on undisturbed soils. In the response letter dated April 15, 2008, Anderson Engineering has
indicated that a qualified Type II system is still to be designed and submitted for City approval.
2. Protective fencing shall be placed around all proposed septic fields.
C:\Documents and Settings\User\Local Settings\Temporary Internet Files\Content.Outlook\KHHXWS3C\ot2500 Island View
Bluff rvw2.doc
3. The typical driveway culvert note labels the culverts to be "constructed by the homebuilder". The
temporary culvert is needed under the proposed rock entrance at the time the entrance is
constructed. Please label all proposed culvert lengths, inverts, and materials.
4. Depict the locations of all soil borings. Soil borings and percolation tests are required in the
proposed septic system locations.
5. The typical detail for Rip -Rap calls out Class III Rip -Rap.
Preliminary Storm Sewer Plan & Profile (Sheet 3)
1. The riprap at FES 1 shall be extended to the edge of water.
2. The Galvanized Split -Top Grate for CBMH 3 is not allowed. Please use the typical rear yard
casting R- 4342.
3. The grading plans EOF elevation (900.0) near CBMH 3 does not agree with the EOF elevation
(906.5) in the profile.
4. The rim elevation for CB 4 does not agree between the profile and the elevation shown on the
grading plan.
Preliminary Details (Sheet 4)
1. No comments.
Hydrology Report
1. No comments.
Summary and/or Recommendation
We recommend approval contingent upon the above comments being addressed.
Hakanson
Anderson
CADocuments and Settings\User\Local Settings\Temporary Intemet Files\Content.Outlook\ Assoc., Inc.
Bluff rvw2.doc
ITEM 3-2-
NORTHWEST
.2-
NORTHWEST ASSOCIATED CONSULTANTS, INC.
F IF4800 Olson Memorial Highway, Suite 202, Golden Valley, Mlq 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nerstAnacplanning.corn
MEMORANDUM
TO: Otsego Planning Commission
FROM: Laurie Smith / Daniel Licht, AICP
DATE: 30 April 2008
RE: Otsego — Zoning Ordinance; State Licensed Residential Care Facilities
FILE: 176.08
BACKGROUND
Last fall, the City was been made aware of plans for locating a residential care program
in a single family neighborhood in Otsego. Residential care programs occupy single
family homes designed or converted to serve as the primary residence for a group of
unrelated adults who share a common characteristic for continuing medical treatment.
Generally, those living in residential care programs are in need of social assistance and
cannot live alone. People who live in residential care programs may consist of
recovering persons recovering from chemical dependency, developmentally disabled
adults, or other adults with special needs. The City Council requested our office review
the relevant sections of the Zoning Ordinance to ensure the City's regulations are up to
date and comprehensive in scope to the extent allowed by State Statutes. This matter
has been referred to the Planning Commission for discussion and action.
Exhibits:
A. Draft Zoning Ordinance amendment
ANALYSIS
Definitions. Minnesota State Statutes and the Otsego Zoning Ordinance include the
following definitions applicable to residential care programs:
Statutes 245A.02 Human Services Licensing: Definitions:
Nonresidential Program: `Nonresidential program" means care, supervision,
rehabilitation, training or habilitation of a person provided outside the person's own home and
provided for fewer than 24 hours a day, including adult day care programs; and chemical
dependency or chemical abuse programs that are located in a nursing home or hospital and
receive public funds for providing chemical abuse or chemical dependency treatment services
under chapter 254B. Nonresidential programs include home and community-based services and
semi-independent living services for persons with developmental disabilities that are provided in
or outside of a person's own home.
Residential Program: "Residential program" means a program that provides 24 -hour -
a -day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or
treatment outside a person's own home, including a program in an intermediate care facilityfor
four or more persons with developmental disabilities; and chemical dependency or chemical
abuse programs that are located in a hospital or nursing home and receive public funds for
providing chemical abuse or chemical dependency treatment programs under chapter 254B.
Residential programs include home and community-based services for persons with development
disabilities that are provided in or outside of a person's own home.
Otsego Zoning Ordinance Section 20-2-2:
Residential Care Facility: Any facility licensed by the State of department of Health or
Department of Public Welfare, public or private, which for gain or otherwise regularly provides
one or more persons with twenty-four (24) hour per day substitute for care, food, lodging,
training, education, supervision, habilitation, rehabilitation and treatment they need, but which
for any reason cannot be furnished in the person's own home. Residential facilities include, but
are not limited to: State institutions under the control of the Commissioner of Public Welfare,
foster homes, ha6vay houses, residential treatment centers, maternity shelters, residential care
programs, residential programs or schools for handicapped children.
Residential care programs are also referred to as board and care facilities by MN
Rules 4655, which includes a definition for boarding care home:
Boarding Care Home: A "boarding care home" shall mean a licensed facility or unit
used to provide care for aged or infirm persons who require only personal or custodial care and
related services in accordance with these regulations. A boarding care home license is required
if the persons need or receive personal or custodial care only. Nursing services are not
required. Examples of personal or custodial care: board, room, laundry, and personal services;
supervision over medications which can be safely self-administered; plus a program of activities
and supervision required by persons who are not capable of properly caring for themselves.
2
Residential Programs Statutory Allowance. Minnesota State Statute 462.357
establishes state policy for the treatment of residential and non-residential care
programs by local governments by land use controls:
Minnesota Statues 462.357 Official Controls; Zoning Ordinance:
Subd 6a. Normal residential surroundings for disabled persons. It is the policy of this
state that disabled persons and children should not be excluded by municipal zoning ordinances
or other land use regulations from the benefits of normal residential surroundings. For purposes
of subdivisions 6a through 9, 'person" has the meaning given in section 245A.02, subdivision 11.
Minnesota Statutes 245A.11 and 245A.14 (and repeated in MN Statutes 462.357, Subd.
7 and 8) further establish specific requirements for cities to allow residential and non-
residential care programs within various residential zoning districts. Residential
programs serving six or fewer people must be allowed as a permitted use within all
zoning districts allowing single family dwellings. Additionally, residential care programs
serving seven to sixteen people must be allowed in multiple family zoning districts and
can be regulated as a permitted use or a conditional use.
Statutes 245A.11 Human Services Licensing: Special Conditions for Residential Programs:
Subs, 2. Permitted single-family residential use. Residential programs with a licensed
capacity of six or fewer persons shall be considered a permitted single-family residential use of
property for the purposes of zoning and other land use regulations, except that a residential
program whose primary purpose is to treat juveniles who have violated criminal statutes relating
to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use. This exception
shall not apply to residential programs licensed before July 1, 1995. Programs otherwise
allowed under this subdivision shall not be prohibited by operation of restrictive covenants or
similar restrictions, regardless of when entered into, which cannot be met because of the nature
of the licensed program, including provisions which require the home's occupants be related,
and that the home must be occupied by the owner, or similar provisions.
Subd. 3. Permitted multifamily residential use. Unless otherwise provided in any town,
municipal, or county zoning regulation, a licensed residential program with a licensed capacity
of seven to 16 persons shall be considered a permitted multifamily residential use of propertyfor
the purposes of zoning and other land use regulations. A town, municipal, or county zoning
authority may require a conditional use or special use permit to assure proper maintenance and
operation of a residential program. Conditions imposed on the residential program must not be
more restrictive than those imposed on other conditional uses or special uses of residential
property in the same zones, unless the additional conditions are necessary to protect the health
and safety of the persons being served by the program. Nothing in this chapter shall be
construed to exclude or prohibit residential programs from single-family zones if otherwise
permitted by local zoning regulations.
Statutes 245A.14 Human Services Licensing: Special Conditions for Non Residential
Programs:
Subdivision 1. Permitted single-family residential use. A licensed nonresidential
program with a licensed capacity of 12 or fewer persons and a group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children
shall be considered a permitted single-family residential use of propertyfor the purposes of
zoning and other land use regulations.
Subd. 2. Permitted multifamily use. Except as otherwise provided in subdivision I or in
a town, municipal, or county regulation, a licensed nonresidential program with a licensed
capacity of 13 to 16 persons shall be considered a permitted multifamily residential use of
propertyfor purposes of zoning. A town, municipal, or county zoning authority may require a
conditional use or special use permit in order to assure proper I maintenance and operation of
the program. Conditions imposed on the nonresidential program must not be more restrictive
than those imposed on other conditional uses or special uses of residential property in the same
zones unless the additional conditions are necessary to protect the health and safety of the
persons being served by the nonresidential program. Nothing in this chapter shall be construed
to exclude or prohibit nonresidential programs from single-family zones if otherwise permitted
by local zoning regulations.
In Otsego, residential care programs serving six (6) or fewer persons are a permitted
use in the A-1, A-2, R -C, R-1, R-2, R-3, R -4A, R-4, R-5 and R-6 Districts. Residential
care facilities in multiple family structures having sixteen (16) or fewer persons are a
permitted use in the R-7 District. Because these uses are permitted uses, the City can
not prohibit them or otherwise regulate them as a unique land use. Allowance of non-
residential programs within the City is confused with the definition of day care facilities,
which in addition to non-residential programs also applies to family day care, nursery
schools and day treatment programs.
Boarding care homes do not always require a State license. Generally, if the board and
care home serves less than five adults, a State license is not mandatory. Examples of
these types of facilities are "sober houses" where several unrelated adults who are
recovering from chemical dependency live and may receive limited supervision and
services. When these facilities do not require or are not issued a State license, City
staff's interpretation is that City is not required to allow them by Statute and that the
current definition of residential care facility in the Otsego Zoning Ordinance excludes
them by referring only to state licensed facilities.
License Required. A State -issued license is required for any individual, corporation,
partnership, voluntary association, other organization or controlling individual to operate
a residential or nonresidential program or advertise a residential or nonresidential
program. Exceptions to this are residential or nonresidential programs that are provided
to adults who do not abuse chemicals or who do not have a chemical dependency, a
mental illness, a developmental disability, a functional impairment or a physical
disability. According to MN Rules 4655 regarding boarding care homes, a State license
is required for any facility where five or more aged or infirm persons receive nursing,
4
personal or custodial care. Such facilities would fall under the City's current definition of
a residential care facility.
Otsego Rental Housing Ordinance. The City of Otsego has adopted a rental housing
licensing ordinance regulating non owner occupied housing within the City. The rental
housing ordinance requires issuance of a license for occupancy of a dwelling to ensure
that the property is being maintained consistent with other established zoning, building,
utility, property maintenance and personal conduct codes. Because residential care
facilities are a specific use defied by State Statute and regulated by State and County
health agencies, City staff does not believe the rental housing ordinance can be applied
to these uses. The residential care facility is not a dwelling per se, but an institutional
use similar to hospitals and nursing homes. This interpretation does not exempt the
residential care program from established City building, property maintenance or
personal conduct codes, but means that the City cannot require an operational license
for the use at the local level unless a similar regulation were imposed on an owner
occupied single family dwelling.
City of Anoka. The City of Anoka planning department was contacted regarding the
proliferation and regulation of residential care programs in that City based on
information that a number of such facilities are located there. According to Anoka City
staff, the City does not have many State licensed residential care program facilities, but
rather there are a number of "sober houses". Sober houses would likely fall under the
State definition of a boarder care facility. These facilities generally serve four adults and
are somewhat regulated through the City's newly adopted rental housing ordinance.
Sober houses that were established prior to the passage of the rental housing
ordinance are not regulated by the City and their exact location and mode of operation
may be unknown. When asked if the City tracks police calls or other complaints to the
sober house properties, staff stated that currently they do not, but that generally they do
not receive many complaints on these types of properties. Anoka City staff suggested
that the perception is that these properties cause problems in the single family
neighborhood they are located in related to traffic, noise and outward appearance.
However, it has been the Anoka's experience that once established, these homes most
often go unnoticed.
CONCLUSION
Minnesota Statutes 245A.11, 245A.14 and 462.357, Subd. 6A, 7 and 8 prohibit any City
from establishing zoning or other regulations related to residential and non-residential
care facilities that have been specifically established as permitted or conditional uses by
said Statutes. The intent of these Statues is to prevent a City from excluding these
facilities from locating within their jurisdiction through zoning in response to public
opposition. Our office and the City Attorney advise that the City cannot apply zoning or
other regulations to the residential program proposing to locate in the City that would
not be applicable to a single family dwelling. City staff does recommend an update of
the Zoning Ordinance to make the provisions related to residential care programs, non-
residential care programs and group day care facilities consistent with the minimum
allowances and requirements of State Statutes including:
Revise the definition of residential care facility to distinguish between residential
and non-residential care programs.
2. Revise the definition of day care facility and group day care center to distinguish
between non-residential care programs, family day care and drop in care centers.
3. Include a definition of boarder home specific to the uses identified in Minnesota
Rules 4655 to separate the activity having a boarder room use within an owner
occupied single family dwelling.
4. Review the zoning districts to make allowance for residential programs as a
permitted or conditional use only as required by Minnesota Statutes 245A.11.
5. Review the zoning districts to make allowance for non-residential programs as a
permitted or conditional use only as required by Minnesota Statutes 245A.14.
6. Review the zoning districts to make allowance for family day care as a permitted
or conditional use as only required by Minnesota Statutes 245A.15.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
0
ORDINANCE NO. 2008 —
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE DEFINITIONS SECTION, DAY CARE NURSERY
FACILITIES SECTION AND RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
DISTRICT SECTIONS OF THE OTSEGO ZONING ORDINANCE RELATING TO
STATE LICENSED DAY CARE AND RESIDENTIAL CARE FACILITIES WITHIN THE
CITY OF OTSEGO
THE CITY COUNCIL OF OTSEGO HEREBY ORDAINS:
Section 1. The following provisions of Section 20-2-2 of the Otsego Zoning
Ordinance shall be amended to read as follows:
Residential Care Facility
A facility or program
licensed by the State Department of Human Services or County
Commissioner of Health that provides care in or outside of a person's own
home.
1. Nonresidential Program: Care supervision rehabilitation. traini
or habilitation of a person outside the person's own home and
Provided for fewer than 24 hours a day, including adult day care
programs and chemical dependency or chemical abuse proarams
that are located in a nursing home or hospital and receive public
funds for providina chemical abuse or chemical dependency
treatment services under Minnesota State Statutes Chapter 2546
Nonresidential programs include home and community-based
services and semi -i ndepend enL living services for persons with
developmental disabilities that are provided in or outside of a
person's own home.
2. Residential Proaram: A proaram that provides 24 hour-a-dav care
supervision, food, lodging, rehabilitation, training, education,
habilitation, for four (4) or more persons with developmental
disabilities and chemical dependency or chemical abuse programs
that are located in a hospital or nursing home and receive public
funds for providing chemical abuse or chemical dependency
treatment programs under Minnesota State Statutes Chapter 254B.
Residential programs include home and community-based services
for oersons_with developmental disabilities that are provided in or
outside a of a person's own home.
3. Boardina Care Home: A licensed facilitv or unit used to provide
care for aged or infirm persons who require only personal or
custodial care and related services in accordance with these
regulations. A boarding care home license is required if the
persons need or receive personal or custodial care only. Nursing
services are not required. Examples of personal or custodial care:
board, room, laundry and personal services, supervision over
medications which can be safely administered. plus a program of
activities and supervision reauired by persons who are not capable
of properly carina for themselves.
Day Care Facility: Any facility licensed by the State Department of
Human Services, public or private, which for gain or otherwise
regularly provides one or more persons with care, training, supervision,
habilitation, rehabilitation or developmental guidance on a regular basis,
for periods of less than twenty-four (24) hours per day, in a place other
than the person's own home.
,
1. Day Care, In -Home: Any state licensed facility where childcare is
provided to fourteen (14) or fewer children in the principal residence
as regulated by Minnesota State Statutes and Minnesota Rules.
2. Group Day Care Center: Anv location other than a residence which
provides care for six (6) or more unrelated children at one time. for
compensation, and which is licensed to provide such services by
the Minnesota Department of Human Services. This term shall
include, but is not limited to, uses such as nursery schools. day
nurseries, child care centers and drop-in care centers
PON_
■
Section 2. Section 20-30-5 of the Otsego Zoning Ordinance shall be amended
to read as follows:
F. Passenger Loading:'prinuipakuseHwo
Ghapt hall be p Day care facilities shall provide off-street
loading areas for passenger pick-up and drop-off subiect to review
and approval of Cit v staff.
Section 3. Section 20-51-2.F of the Otsego Zoning Ordinance (A-1 District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 4. Section 20-51-4.D of the Otsego Zoning Ordinance (A-1 District
Accessory Uses) shall be amended to read as follows:
D. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 5. Section 20-52-2.F of the Otsego Zoning Ordinance (A-2 District
Permitted Uses) shall be amended to read as follows:
aY care facilities as defined byEzeetion 2 of this Ghal.-. I Heepse
by the State @AdS-rumnn hArinhi
Reserved.
Section 6. Section 20-52-4.D of the Otsego Zoning Ordinance (A-2 District
Accessory Uses) shall be amended to read as follows:
D. In home daycare serving fourteen (14) or fewer persons in a single
family detached dwelling.
�q
Section 7. Section 20-60-2.E of the Otsego Zoning Ordinance (R -C District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 8. Section 20-60-4 of the Otsego Zoning Ordinance (R -C District
Accessory Uses) shall be amended to include the following provision:
I. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 9. Section 20-61-2.D of the Otsego Zoning Ordinance (R-1 District
Permitted Uses) shall be amended to read as follows:
D= Day caicefaeiliti as 1-11.- (12) or feweF Reserved.
Section 10. Section 20-61-4 of the Otsego Zoning Ordinance (R-1 District
Accessory Uses) shall be amended to include the following provision:
K. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 11. Section 20-62-2.0 of the Otsego Zoning Ordinance (R-2 District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 12. Section 20-62-4 of the Otsego Zoning Ordinance (R-2 District
Accessory Uses) shall be amended to read as follows:
J. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 13. Section 20-63-2.0 of the Otsego Zoning Ordinance (R-3 District
Permitted Uses) shall be amended to read as follows:
Reserved.
0
Section 14. Section 20-63-4 of the Otsego Zoning Ordinance (R-3 District
Accessory Uses) shall be amended to include the following provision:
J. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 15. Section 20-64-2.0 of the Otsego Zoning Ordinance (R -4A District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 16. Section 20-64-4 of the Otsego Zoning Ordinance (R -4A District
Accessory Uses) shall be amended to include the following provision:
J. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 17. Section 20-65-2.0 of the Otsego Zoning Ordinance (R-4 District
Permitted Uses) shall be amended to read as follows:
. Reserved.
Section 18. Section 20-65-4 of the Otsego Zoning Ordinance (R-4 District
Accessory Uses) shall be amended to include the following provision:
J. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 19. Section 20-66-2.0 of the Otsego Zoning Ordinance (R-5 District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 20. Section 20-66-4 of the Otsego Zoning Ordinance (R-5 Accessory
Uses) shall be amended to include the following provision:
J. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
19
Section 21. Section 20-67-2.E of the Otsego Zoning Ordinance (R-6 District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 22. Section 20-67-4 of the Otsego Zoning Ordinance (R-6 District
Accessory Uses) shall be amended to include the following provision:
K. In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 23. Section 20-68-2.13 of the Otsego Zoning Ordinance (R-7 District
Permitted Uses) shall be amended to read as follows:
Reserved.
Section 24. Section 20-68-2.G of the Otsego Zoning Ordinance (R-7 District
Permitted Uses) shall be amended to read as follows:
Residential care facilities in multiple family structures
having seven (7) to sixteen (16) persons.
Section 25. Section 20-68-4 of the Otsego Zoning Ordinance (R-7 District
Accessory Uses) shall be amended to include the following provisions:
K. In home day care serving fourteen (14) or fewer persons in a single family
detached dwelling.
Section 26. Section 20-75-6 of the Otsego Zoning Ordinance (B-1 District
Conditional Uses) shall be amended to include the following provision:
C. Day care facilities as regulated by Section 30 of this Chapter
Section 27. Section 20-76-6 of the Otsego Zoning Ordinance (B-2 District
Conditional Uses) shall be amended to include the following provision:
I. Day care facilities as regulated by Section 30 of this Chapter.
9
Section 28. Section 20-77-6 of the Otsego Zoning Ordinance (13-3 District
Conditional Uses) shall be amended to include the following provision:
H. Day care facilities as regulated by Section 30 of this Chapter.
Section 29. Section 20-78-6.13 of the Otsego Zoning Ordinance (B -W District
Conditional Uses)shall be amended to read as follows:
B. Reserl,RdDay care facilities as regulated b Section 30 of this Chapter.
Section 30. Section 20-79-6 of the Otsego Zoning Ordinance (13-5 District
Conditional Uses) shall be amended to include the following provision:
E. Day care facilities as regulated by Section 30 of this Chapter.
Section 31. Section 20-90-6 of the Otsego Zoning Ordinance (INS District
Conditional Uses) shall be amended to read as follows:
M. Daycare nursery facilities as regulated by Section 30 of this Chapter.
Section 32. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
7
ADOPTED this day of 2008 by the City Council of the
City of Otsego.
CITY OF OTSEGO
By:
Larry Fournier, Mayor
Attest:
Judy Hudson, City Clerk/Zoning Administrator
E -*3