06-16-08 PCNORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners,:ci)nacplanning.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — GRC; Otsego Autocare
REPORT DATE: 11 June 2008 ACTION DATE: 19 July 2008
NAC FILE: 176.02 — 08.10 CITY FILE: 2008-18
BACKGROUND
Terra General Contractors has submitted applications for construction of a 6,344 square
foot minor auto repair use to be developed at the southeast corner of Parrish Avenue
(CSAH 42) and 87th Street, to the south of the recently approved KleinBank site. The
applications being requested are for a conditional use permit to allow minor auto repair
within the GRC PUD District and a final plat for The Shoppes at Great River Centre 2nd
Addition. A public hearing has been noticed for 16 June 2008 to consider the
applications.
Exhibits:
A.
Site location
B.
Site Plan
C.
Elevations
D.
Floor Plans
E.
Landscape Plan
F.
Grading Plan
G.
Utility Plan
H.
Final Plat
ANALYSIS
Zoning. The property is zoned PUD, Planned Unit Development District in accordance
with the ordinance and standards approved by the City Council on 13 March 2006. The
PUD District states that the uses allowed within the Great River Centre are to be as
provided for by the B-3, General Business District. Minor auto repair uses are allowed
in the B-3 District as a conditional use subject to the specific performance standards set
forth by Section 20-77-6.D of the Zoning Ordinance and evaluated based upon (but not
limited to) the criteria outlined in Section 20-4-25 of the Zoning Ordinance:
2
3
4
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment: The subject site is guided for commercial land uses by the
Comprehensive Plan as part of the City's primary retail and service business
area at TH 101 and CSAH 39. A minor auto repair use is consistent with the
City's goals for development of businesses in the area that provide service to
local and regional patrons.
The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site is surrounding by the following existing/planned land
uses and no compatibility issues are anticipated.
Direction
Land Use Plan
Zoning Map
Existing Use
North
Commercial
GRC PUD District
KleinBank
East
Commercial
GRC PUD District
Undeveloped
South
Commercial
GRC PUD District
Linear pond
Undeveloped
West
Commercial
A-1 District
CSAH 42
Farm/Agriculture
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 will be required to comply with all applicable
requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering
Manual.
Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment. The Great River Centre is served by existing streets improved to
accommodate traffic estimated to be generated by the range of possible uses
within the development.
2
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 is within the City's existing service capacities for
the planned commercial area centered at TH 101 and CSAH 39.
Building Design. The proposed building has a gross floor area of 6,344 square feet
consisting of a 4,890 square foot service area entered via overhead doors on the north
and south walls of the building, a 670 square foot lobby, a 80 square foot parts storage
room, separate patron/employee restrooms and an employee kitchen. There is also
561 square feet of office and mechanical space on a second floor above the
lobby/parts/patron restroom area.
The primary exterior materials used on the building include red and buff colored
masonry. A stone veneer is used at the northeast corner of the building to identify the
"front" and customer entrance. The design exterior of the building is consistent with the
themes outlined by the GRC PUD District guidelines for clean, functional forms using a
limited number of exterior materials in warm, natural colors with useful widows on all
sides. The proposed building also faces Parish Avenue, making the west elevation of
the building visually significant. The west elevation is masonry material using the two
colors for variation and with windows approximately 14 feet above grade. The building
is setback 90 feet from the west property line along Parrish Avenue creating opportunity
to use additional landscaping to screen the mass of the building elevation.
The proposed materials comply with the requirements of Section 20-17-4.13 of the
Zoning Ordinance and the GRC PUD District. The exterior of the building is 23.75 feet
tall to the top of the parapet, which is consistent with the building height envelopes
established by the PUD District. The submitted architectural plans do not indicate the
location of roof -top mechanical units. If roof -top units are to be installed, the applicant
must identify their location and demonstrate adequate screening as required by Section
20-16-7.E of the Zoning Ordinance.
Landscaping. The applicant has submitted a landscape plan proposing plantings at
the base of the building, along Parrish Avenue (consistent with the KlienBank site to the
north) and scattered trees. Isanti Dogwood shrubs are proposed at the base of the
building. These shrubs will grow to a height of five to six feet. As these plants would
block much of the windows on the northeast corner of the building, a lower growing
variety should be considered. We would also recommend a taller variety on the
sections of the building will out larger ground level windows to minimize the blank wall
space (such as common purple/white lilacs and/or evergreens). KleinBank is also
providing a row of Junipers be extended along the east of their parking area adjacent to
the north -south private drive and we recommend similar plantings on this site as well.
Also, our office recommends that additional overstory and/or ornamental trees be
provide along the north and south lot lines and in the large yard facing Parrish Avenue.
The landscape plan must be revised to provide for an in -ground irrigation system for
grass and plant maintenance. The revised landscape plan is to be subject to review
and approval by City staff.
Signs. The submitted architectural plans indicate that a 30 square foot sign is to be
located on the east and west elevations of the building and a 22 square foot sign is to
be located on the north and south elevations of the building. Allowance of wall signs on
each side of the building is allowed within the GRC PUD District. Placement of a
freestanding sign for the proposed use would be limited by the GRC PUD District to a
display on the shared monument sign to be located at 87th Street and Parsons Avenue.
A sign permit is required prior to installation of any signs upon the property.
Pedestrian Access. The GRC PUD District requires each site to provide for pedestrian
connectivity. The proposed site plan provides only a sidewalk along the front side of the
parking area. An extension of this sidewalk should be provided to align with the north -
south sidewalk to the east of the KleinBank building. A sidewalk should also be
provided along the south side of the site from the trail on Parrish Avenue to the east lot
line. This sidewalk (or trail) may either be within the subject site or within the
stormwater pond outlot to the south. Provision of pedestrian access is to be subject to
further review and approval by City staff.
Vehicle Access. The subject site is to be accessed via a shared private driveway
extending north -south from a right-in/right-out only intersection at 87th Street. Access to
Parsons Avenue will also be provided via a shared east -west connection across Outlot
A. The access at the northeast corner of the subject site is under review between City
staff, the applicant and KleinBank with City staff recommending a shared access for the
subject sight and Kleinbank aligned with the east -west connection to Parsons Avenue.
The revised access at the northeast corner of the subject site remains subject to further
review and approval by City staff. City staff has also recommended that the terminus of
the north -south common driveway end with a "T" at the southeast corner of the subject
site with an access to the subject site and a future access to the site to the east. The
final plat must also provide for a shared ingress/egress easement for the north -south
private driveway and any connection required to the KleinBank site.
Off -Street Parking. The site plan provides for 35 off-street parking stalls. Section 20-
21-9.Q of the Zoning Ordinance requires provision of four off-street parking stalls plus
three stalls for each service bay. The number of service bays is not specified.
However, the general commercial requirement of 1 stall / 200 square feet of building
area typically generate a higher off-street parking requirement than does the auto repair
standard. Using the general commercial requirement (which would also apply if the
building were ever converted to another use), 29 off-street parking stalls are required.
We believe there are an adequate number of stalls to accommodate on site parking
generated by the use. An added condition of approval specific to the auto repair use
limiting the outside storage of client vehicles to only those vehicles that are licensed and
in required condition for operation on public streets and no overnight outdoor parking is
also recommended.
Noise. Section 20-77-6.D.12 of the Zoning Ordinance requires implementation of
measures to limit potential impacts from noise generated by the minor auto repair use.
City staff recommends that a condition of approval for the CUP be that all auto repair
activities occur only within the principal structure and that the overhead doors to the
service area be closed except for moving vehicles in and out of the building.
11
Outdoor Sales and Display. Section 20-77-6.D.13 of the Zoning Ordinance
specifically prohibits outdoor sales and display related to the minor auto repair use. We
recommend this requirement be added as a condition of approval for the CUP.
Lighting Plan. A photometric lighting plan must be submitted showing the type,
location, height and illumination pattern of all exterior light fixtures in compliance with
Section 20-16-10 of the Zoning Ordinance. All fixtures must be a shoebox design with a
90 -degree horizontal cut-off. As noted with KleinBank, the lighting plan must provide for
illumination of the shared north -south private driveway along the east side of the site.
The lighting plan is to be subject to review and approval by City staff.
Trash Storage. There is a 180 square foot trash enclosure attached to the south side
of the proposed building. As an attached structure, the materials used for the enclosure
are the same as used for the exterior of the building. No storage of trash, automobile
parts or tires shall be outside of or over the top of the trash enclosure.
Snow Removal. The applicant must provide a plan showing locations for on-site snow
storage. Removal of snow from the property is to be required when designated areas
are filled to capacity to be dumped at the regional storm pond immediately south of the
subject site or along TH 101. The snow removal plan is subject to review and approval
of City staff.
Lot Requirements. The subject site is 1.24 acres in area and has 192.7 feet of
frontage to CSAH 42. However, there is no minimum lot area or width requirement
within the GRC PUD District. The adequacy of the proposed lot is evaluated based
upon the ability to accommodate the proposed site design including the principal
building, off-street parking and greenspace in compliance with setbacks and other
requirements of the GRC PUD District and Zoning Ordinance.
Setbacks. The primary setback required by the GRC PUD District is a 30 foot setback
from Parrish Avenue. As noted above, the building is 90 feet from Parish Avenue in
compliance with the setback requirement.
Final Plat. The subject site is currently part of Outlot A, The Shoppes at Great River
Centre and the developer is requesting approval of a final plat to establish a Lot/Block
for the proposed use. The developer has submitted the final plat including all
information required by Section 21-6-3.
Utility Plan. The submitted utility plan identifies connection to sanitary sewer service to
the south of the subject site and connection to water pipes to be located in the north -
south driveway. All utility plans are subject to review and approval of the City Engineer.
The SAC and WAC fees for connection to the municipal sewer and water utilities must
be calculated and paid at the time a building permit is issued.
Grading Plan. A grading plan for the subject site has been submitted. Stormwater
drainage will be collected and discharged to the regional stormwater pond to the south
of the subject site. Stormwater drainage calculations, erosion control and site grading is
subject to review and approval by the City Engineer.
Easements. The final plat provides drainage and utility easements at the perimeter of
the proposed lot as required by Section 21-7-15 of the Subdivision Ordinance.
Drainage and utility easements must also be provided over any utility lines shared with
the KleinBank site or future users of Outlot A. All easements are subject to review and
approval by the City Engineer.
Park and Trail Dedication. The park and trail dedication requirements for Great River
Center were satisfied as part of the initial final plat for the overall development. No
additional park and trail dedication is required as part of this final plat application.
Development Contract. Section 21-9-4 and Section 21-3-3 of the Subdivision
Ordinance requires the developer to execute a development contract with the City as a
condition of final plat approval. The development contract is to be subject to review and
approval by the City Attorney.
RECOMMENDATION
The proposed Otsego Autocare development and The Shoppes at Great River Centre
2nd Addition are consistent with the requirements of the GRC PUD District, Zoning
Ordinance and Subdivision Ordinance. Our office recommends approval of the
applications as set forth below.
POSSIBLE ACTIONS
A. Motion to approve a CUP allowing minor auto repair and the The Shoppes at
Great River Centre 2"d Addition final plat subject to the following conditions:
Roof -top mechanical units shall be screened as required by Section 20-
16-7.E of the Zoning Ordinance.
2. The landscaping plan shall be revised and subject to City staff approval to:
a. Specify lower growing plants at locations in front of first floor
windows.
b. Specify taller growing plants at locations in below second floor
windows.
Provide overstory or ornamental trees along the north and south
property lines.
R
d. Provide additional ornamental trees in the yard between the
proposed building and Parrish Avenue.
e. Specify installation of in -ground irrigation.
3. All signs shall comply with Section 37 of the Zoning Ordinance and the
GRC PUD District. A sign permit is required prior to installation of any
signs upon the property.
4. The site plan shall be revised to extend the sidewalk at the front of the
building to the north property line to align with the north -south sidewalk to
the east of the KleinBank building and a sidewalk (or trail) shall also be
provided along the south side of the subject site from the trail on Parrish
Avenue to the east lot line, subject to review and approval by City staff.
5. The access at the northeast corner of the subject site shall be subject to
review and approval by City staff.
6. The north -south private driveway along the east line of the subject site
shall be revised to terminate in a "T" intersection at the southeast access
to the subject site.
7. Outside storage of client vehicles shall be limited to only those vehicles
that are licensed and in required condition for operation on public streets
and no overnight outdoor parking shall be allowed.
8. The overhead vehicle doors to the auto service area of the building shall
remain closed except when moving vehicles in/out of the building.
9. There shall be no outdoor sales, display and/or rental of products.
10. The developer shall submit a photometric lighting plan showing the type,
location, height and illumination pattern of all exterior light fixtures in
compliance with Section 20-16-10 of the Zoning Ordinance, which is to be
subject to review and approval of City staff.
11. No storage of trash, automobile parts or tires shall be outside of or over
the top of the trash enclosure illustrated on the site and building plans.
12. The developer shall submit an on-site snow storage/removal plan, which is
subject to review and approval by City staff.
13. All utilities are subject to review and approval by the City Engineer.
14. All grading, drainage and erosion control issues are subject to review and
approval by the City Engineer.
7
15. All drainage and utility easements are subject to review and approval by
the City Engineer.
16. The developer shall execute a development contract as required by the
Zoning Ordinance and Subdivision Ordinance, subject to review and
approval by the City Attorney.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan, Zoning Ordinance and PUD District.
C. Motion to table.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Brent Larson, Assistant City Engineer
Tom Brown, Terra General Contractors
OTSEGO AUTOCARE
SITE PLAN REVIEW SUBMITTAL _ MAY 20, 2008
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Hakans
Anderson
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eiS�n 3601 Thurston Avenue, Anoka, MN 55303 3 Q
Phone: 763/427-5860 Fax: 763/427-0520 °
Assoc., Inc.
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
Chuch Christian, CP Otsego Partners, LLC
Tom Brown, Terra General Contractors
Craig Lau, Miller Dunwiddie Architecture
Jon Bogart, P.E. Bogart, Pederson & Associates, Inc.
Jay Hill, P.E. MFRA
Fred Whitnet, KleinBank
Gary Johnson, P.E. Anderson Engineering
From: Brent Larson, P.E.
Date: June 11, 2008
Re: Otsego Autocare (Lot 1, Block 1 of The Shoppes at Great River Centre 2"d Addition)
When considering the Otsego Autocare submittal (dated 5/20/08), the Shoppes at Great River Centre 2nd
Addition Development Plans (dated 5/20/08) and K1einBank Grading and Construction Plans (dated
5/1/08) must be referenced since access, storm sewer, water and sanitary sewer services are all dependent
on these other developments. We have therefore included comments referencing these plans or plats that
may be relevant to the Otsego Autocare submittal.
We have reviewed the Architectural & Civil Plan for Otsego Autocare, dated 5/20/08, for the above -
referenced project. It is assumed that since this is the first submittal, the plans are to be considered for
preliminary and final acceptance and therefore must meet all requirements pertaining to preliminary and
final submittals. We have based our review on this assumption and would offer the following comments:
Final Plat (Submitted as part of the Final Development Plans for The Shoppes at Great River Centre
2 Id Addition)
An ingress/egress easement shall be placed over all shared roads, sidewalk, and utilities. A
minimum 20' wide drainage and utility easement centered over the pipe shall cover all shared
utilities. Ingress/egress easements may be provides by separate documentation. Currently the final
plat does not provide an easement over the storm sewer within Outlot A, east of Lot 1, Block 1, and
has insufficient width along the southern lot line of Outlot A, where the service to Lot 1, Block 1 is
proposed to be located. No documentation regarding the ingress/egress easement has been received
at this time.
C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.Outlook\09RYFWAZ\ot2500 Otsego Auto
rvwl .doc
2. A minimum 20' wide utility easement shall cover the hydrant and watermain leading to the hydrant
on Lot 1, Block 1 (Otsego Autocare).
Title Sheet
All sheets must be signed by the appropriate licensed Architect, Land Surveyor, Engineer,
Landscape Architect, etc.
2. Provide a signature line for Ronald J. Wagner, P.E. City Engineer.
Architectural Plans (Sheets A101 to A201)
No comments.
Site Plan & Traffic/Access Issues
The northern driveway entrance must be revised. The north entrance to this site and the south
entrance to the K1einBank site shall be combined to have a shared entrance aligned with the private
driveway extending to Parsons Avenue. The revised site design shall be subject to review and
approval by the City Engineer and City Planner.
2. Access to the site is being provided by a shared private driveway to be constructed with The
Shoppes at Great River Centre 2nd Addition. The private driveway has two entrances to public
streets. One right in/right out entrance off of 87`h Street and the second off of Parsons Avenue.
3. The site provides adequate parking spaces and an acceptable parking/drive aisle layout. (20-21-9.L
and 20-21-4.H.9)
4. The please provide dimensions for the driveway entrances to the site.
5. Please provide additional proposed internal signage information. (i.e. a stop sign is required at the
site entrances, a "Do not Enter" for the lane north of the building, etc.)
6. The plans lack much of the required existing conditions required in a preliminary plan submittal.
Please provide an additional sheet to include the following required items:
i. Existing zoning classifications for land in and abutting the subdivision.
ii. Total area of the proposed plat.
iii. Show location, names, widths of existing streets, buildings, etc.
iv. Identified by name and ownership, the adjoining unsubdivided or subdivided land.
v. Provide the HWL of the Pond to the south of the site.
vi. Statement certifying the environmental condition of the site.
Grading & SWPPP Plans
1. Please label the proposed grades along the curb and gutter and
across the bituminous parking lot. We recommend a minimum Hakanson
0.6% along curb and gutter and a minimum 1.0% over bituminous. Anderson
CADocuments and Settin sTamiTocal Settin s\Tem orarYInternet Files\Content.OudookAssoc., Inc.
rvwl .doc
2. Depict the soil boring location(s) with the associated soil boring ID from the geotechnical report.
(A geotechnical report has not been provided at this time. It is assumed that the geotechnical report
for Great River Centre is to be used for pavement design and site conditions. Please verify.
Label the High Water Level elevation (HWL) for the pond to the south of the property.
4. The storm sewer casting types do not agree with approved casting types in the City of Otsego's
Engineering manual (NEENAH 3067 or approved equal). Please provide details of the proposed
castings and grates.
Details of the castings, watertight storm sewer joints, and storm sewer manholes (with the required
flexible booted connections for the storm sewer connections) shall be provided.
6. The downstream storm sewer manhole invert does not agree with the proposed invert and grade out
of CBMH 100.
Utility Plan
1. The Shoppes at Great River Centre plans propose to provide water service to Otsego Autocare by
extending the 8" watermain servicing the K1einBank property, south along the proposed access
driveway. These plans propose to provide sanitary sewer service to the Otsego Autocare by cutting
a wye into the existing sanitary sewer main under the partially constructed Parsons Avenue. It is
unclear why the sanitary sewer service is not also extended from KleinBank property along with the
water service.
2. The sanitary sewer manhole only has a depth of 5'. Insulation is required over all sanitary sewer or
watermain with less than 7.5' of cover.
3. Please label the 8" x 6" reducer at the water service connection.
4. Label the proposed storm sewer invert and watermain top of pipe at the crossing along the east side
of the property.
5. The sanitary sewer service elevation at the building does not agree with the downstream pipe grade
and invert. Please verify and revise.
Landscape Plan
1. The landscaping plans must be signed by a landscape architect.
Details
1. Please provide details for the Storm Sewer Castings, Watertight Hakanson
Storm Sewer Joints, Storm Sewer Manholes (with the required Anderson
C:\Documents and Settin sTamiTocal Settin s\Tem or�YInternet FilesContent.0utlookAssoc., Inc.
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flexible booted connections for the storm sewer connections), and Sanitary Sewer Chimney Seal.
Stormwater Management
1. The stormwater is to discharge into the downstream storm sewer system installed with The Shoppes
at Great River Centre 2'd Addition. The site provides approximately 1.5' of freeboard from the
Finished Floor Elevation via overland overflows. The ponding water has an approximately
maximum depth of 0.5'.
2. Please provide storm sewer design calculations.
Landscaping Plan
No comments.
Photometric Site Plan
Not submitted.
Wetlands
The wetland delineation for the Great River Centre did not identify any wetlands within the Otsego
Autocare boundaries therefore no wetland impacts are anticipated.
Environmental
1. A statement certifying the environmental condition of the site shall be submitted. (21-6-2.B.10.)
Specifications
Please provide construction and grading specifications.
Other Considerations
It is assumed that the geotechnical report for Great River Centre is to be used for pavement design
and site conditions. Please verify.
Summary and/or Recommendations
We recommend approval contingent on the above comments being addressed.
Hakanson
Anderson
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Hakanson 6_ 0
1 Anderson 3601 Thurston Avenue, Anoka, MN 55303 �
Assoc., Inc. 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
Chuch Christian, CP Otsego Partners, LLC
Tom Brown, Terra General Contractors
Craig Lau, Miller Dunwiddie Architecture
Jon Bogart, P.E. Bogart, Pederson & Associates, Inc.
Jay Hill, P.E. MFRA
Fred Whitnet, HIeinBank
Gary Johnson, P.E. Anderson Engineering
From: Brent Larson, P.E.
Date: June 11, 2008
Re: The Shoppes at Great River Centre 2nd Addition
We have reviewed the Final Development Plans for The Shoppes at Great River Center 2nd Addition, dated
5/20/08, for the above -referenced project. It is assumed that since this is the first submittal, the plans are to
be considered for preliminary and final acceptance and therefore must meet all requirements pertaining to
preliminary and final submittals. We have based our review on this assumption and would offer the
following comments:
Final Plat
1. An ingress/egress easement shall be placed over all shared roads, sidewalk, and utilities. A
minimum 20' wide drainage and utility easement centered over the pipe shall cover all shared
utilities. Ingress/egress easements may be provides by separate documentation. Currently the final
plat does not provide an easement over the storm sewer within Outlot A, east of Lot 1, Block 1, and
has insufficient width along the southern lot line of Outlot A, where the service to Lot 1, Block 1 is
proposed to be located. No documentation regarding the ingress/egress easement has been received
at this time.
2. A minimum 20' wide utility easement shall cover the hydrant and water -main leading to the hydrant
on Lot 1, Block 1 (Otsego Autocare).
3. Some of the text in the legal description cannot be read.
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GRC 2nd Addition rvwl.doc
Title Sheet
Provide a signature line for Ronald J. Wagner, P.E. City Engineer.
2. Provide a contact name and number for the developer CP Otsego Partners, LLC.
3. The sheet index is missing the Final Plat, Sheet C6.02, and Sheet C7.02.
Existing Conditions
Label the High Water Level elevation (HWL) for the pond to the south.
Site Plan & Traffic/Access Issues
1. The northern driveway entrance must be revised. The north entrance to this site and the south
entrance to the K1einBank site shall be combined to have a shared entrance aligned with the private
driveway extending to Parsons Avenue. The revised site design shall be subject to review and
approval by the City Engineer and City Planner.
2. Please provide additional proposed internal signage information.
Please clearly depict the limits of construction.
4. It would be helpful to depict the proposed utilities on the Otsego Autocare property.
Please label the Finish Floor Elevation (FFE) for the Otsego Autocare building.
Grading & SWPPP Plans
Some of the text cannot be read. (i.e. Street grades, radii, inverts, contour labels)
2. Please clearly depict the limits of construction (all sheets).
Label the High Water Level elevation (HWL) for the pond to the south of the property.
4. It is unclear where the stormwater running off the temporary access road connecting to Parsons
Avenue is supposed to drain. We suggest providing temporary bituminous curb along the access
road to direct the runoff into the storm sewer system.
Sanitary Sewer and Watermain Plan and Profile
1. The plans propose to provide water service to Otsego Autocare by extending the 8" watermain
servicing the K1einBank property, south along the proposed access driveway. These plans propose
to provide sanitary sewer service to the Otsego Autocare by cutting a wye into the existing sanitary
sewer main under the partially constructed Parsons Avenue. It is
unclear why the sanitary sewer service is not also extended from Hakanson
K1einBank property along with the water service. Anderson
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2. Please label the 8"gate valves south and west of the 8" Tee.
3. We recommend making the storm sewer a lighter background color on the sanitary sewer and
watermain plans.
4. The utility notes are unreadable.
5. Sheet C6.02, depict the 24" storm sewer at approximate station 10+80 and the 36" storm sewer at
Parsons Avenue in the profile. There appears to be a possible conflict between the 24" storm sewer
and the sanitary sewer service. Insulation appears to be required between the 36" storm sewer and
sanitary sewer crossing. A minimum 12" of vertical separation with insulation or 24" of vertical
separation without insulation is required.
6. A sanitary sewer manholes is required every 400'. A manhole is required at station 12+00.
7. The sanitary sewer near station 12+00 has a depth of only 5'. Insulation is required over all sanitary
sewer or watermain with less than 7.5' of cover.
8. Label the proposed storm sewer invert and watermain top of pipe at the crossing along the east side
of the property.
9. A minimum 20' wide easement centered over the sanitary sewer pipe along the south line of Outlot
A is required.
Street and Storm Sewer Plan and Profile
Sheet C7.01, depict the 6" sanitary sewer service crossing at approximate station 4+00. There
appears to be a conflict.
2. Sheet C7.01, the storm sewer does not account for 0.8 diameter points fall when changing pipe
sizes. Please revise the N invert at CBMH 101, the W and S inverts at CBMH 102, and E invert at
CBMH 103.
Sheet C7.01, vertical curves are required the algebraic difference (A.D.) is greater than 1. Provide
vertical curves at stations 1+65 and 3+60.
4. Sheet C7.02, provide a vertical curve at station 6+50.
5. Sheet C7.02, we suggest providing temporary bituminous curb along the temporary access road.
6. Sheet C7.02, the concrete valley gutter at Parsons Avenue shall be per the City of Otsego Standard
Detail # 702.
Hakanson
Anderson
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Details
The concrete valley gutter at Parsons Avenue shall be per the City of Otsego Standard Detail # 702.
2. Some of the details cannot be read.
Stormwater Management
The stormwater runoff discharges to the pond south of Outlot A which has been designed to handle
the runoff from a fully developed site.
2. Please provide storm sewer design calculations.
Photometric Site Plan
Not submitted.
Wetlands
The wetland delineation for the Great River Centre did not identify any wetlands within the Otsego
Autocare boundaries therefore no wetland impacts are anticipated.
Environmental
A statement certifying the environmental condition of the site shall be submitted. (21-6-2.13.10.)
Specifications
1. Please provide construction and grading specifications.
Other Considerations
1. It is assumed that the geotechnical report for Great River Centre is to be used for pavement design
and site conditions. Please verify.
Summary and/or Recommendations
We recommend approval contingent on the above comments being addressed.
Hakanson
Anderson
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ITEM 3-2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(4,nacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 27 May 2008
RE: Otsego — Zoning Ordinance; Election signs
NAC FILE: 176.08
BACKGROUND
The City Council directed the Planning Commission to hold a public hearing to amend
Section 20-37-4.A.2 of the Zoning Ordinance.
Exhibit:
A. Draft Zoning Ordinance amendment
ANALYSIS
This section provides and exemption to the regulations of the of the Sign Ordinance
provides between August 10 and 10 days after election day during a general election
year in accordance with Minnesota Statutes 211 B.045:
2. Campaign Signs. Notwithstanding any other provisions of the sign
ordinance, all signs of any size containing non-commercial speech may be
posted from August in any general election year until ten (10) days
following the general election and thirteen (13) weeks prior to any special
election until ten (10) days following the special election, in accordance
with Minnesota State Statutes Section 211B.045.
The City Council noted that City elections do not always coincide with Federal office
elections that define a general election year. As such, City staff recommended
removing the reference to general election and allowing the exception every year. The
following proposed language mirrors that in State Statue except for the general election
year clause:
2. Non -Commercial Signs Exemption. In accordance with Minnesota
Statutes 211B.045, all noncommercial signs of any size may be posted in
any number from August I until ten (10) days following the Tuesday after
the first Monday of November of each year.
As noted during the update of the Sign Ordinance, the goal for sign regulations is to be
content neutral. Content neutral sign regulations address only the physical
characteristics of the sign and not what is being displayed. However, Minnesota
Statues 211.6.045 is one example where deviation from content neutral regulations is
required by State Law, in this context to distinguish between commercial and non-
commercial speech. As such, our office and the City Attorney recommend including
definitions as part of the Zoning Ordinance distinguishing commercial and non-
commercial speech:
Commercial Speech: Speech advertising a business, profession, commodity,
service or entertainment.
Non -Commercial Speech: Dissemination of messages not classified as
Commercial Speech that include, but are not limited to, messages concerning
political, religious, social, ideological, public service and informational topics.
The exemption provided for in Minnesota Statutes 2118.045 and the proposed Sign
Ordinance amendment applies only to non-commercial speech during the period
defined by both regulations. This would include campaign signs, opinion signs and
signs for non-commercial activities, such as community, school or church events.
CONCLUSION
A public hearing has been scheduled for the Planning Commission meeting on 2 June
2008 at 7:00 PM. City staff recommends approval of the proposed Zoning Ordinance
amendment as drafted in the form attached hereto.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Sandy Lindenfelser, Special Licensing
Andy MacArthur, City Attorney
2
ORDINANCE NO.: 2008 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE REGARING
EXEMPTIONS FOR NON-COMMERCIAL SIGNS IN ACCORDANCE WITH MINNESOTA
STATUTES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-2-2.S of the Zoning Ordinance (Definitions) is hereby
amended to add the following sign related definitions:
Commercial Speech: Speech advertising a business, profession, commodity, service
or entertainment intended for, characteristic of or related to commerce.
Non -Commercial Speech: Dissemination of messages not classified as Commercial
Speech that include, but are not limited to, messages concerning political, religious,
social, ideological, public service and informational topics.
Section 2. Section 20-37-4.A.2 of the Zoning Ordinance (Permitted Signs) is
hereby amended to read as follows:
2. Non -Commercial Signs Exemption. In accordance with Minnesota
Statutes 211 B.045, all noncommercial signs of any size may be
posted in any number from August 1 until ten (10) days following the
Tuesday after the first Monday of November of each year.
Section 3. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the Otsego City Council this 23rd day of June, 2008.
CITY OF OTSEGO
AM
Larry Fournier, Mayor
ATTEST:
Judy Hudson, Zoning Administrator/City Clerk
2
ITEM 3_3
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners a:nacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Laurie Smith / Daniel Licht, AICP
DATE: 27 May 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
was referred to the Planning Commission for discussion at their meeting on
The Planning Commission called for a public hearing to be scheduled for 2 June 2008
to consider formal amendments to the Zoning Ordinance.
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, haltivay 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.
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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:
Subd 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
propertyfor 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
staffs 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,
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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
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 THE CITY 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:
Nonresidential Program: Care, supervision, rehabilitation, training
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 programs
that are located in a nursing home or hospital and receive public
funds for providing chemical abuse or chemical dependency
treatment services under Minnesota State Statutes 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.
2. Residential Program: A program that provides 24 hour -a -day 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 25413.
Residential programs include home and community-based services
for persons with developmental disabilities that are provided in or
outside a of a person's own home.
3. Boarding Care Home: 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 administered, plus a program of
activities and supervision required by persons who are not capable
of properly caring 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:
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: Any 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.
Section 2. Section 20-2-2 of the Zoning Ordinance is hereby amended to
delete the following definition:
Group Day Care Center: Any location 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 Public
Welfare. This term shall include, but is not limited to, uses such as nursery
schools, day nurseries, child care centers and drop-in care centers.
Section 3. Section 20-30-5 of the Otsego Zoning Ordinance shall be amended
to read as follows:
F. Passenger Loading: Day care facilities shall provide off-street
loading areas for passenger pick-up and drop-off subject to review
and approval of City staff.
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Section 4. Section 20-51-25 of the Otsego Zoning Ordinance (A-1 District
Permitted Uses) shall be amended to read as follows:
F. Reserved.
Section 5. 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 6. Section 20-52-2.F of the Otsego Zoning Ordinance (A-2 District
Permitted Uses) shall be amended to read as follows:
F. Reserved.
Section 7. 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 day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 8. Section 20-60-2.E of the Otsego Zoning Ordinance (R -C District
Permitted Uses) shall be amended to read as follows:
E. Reserved.
Section 9. Section 20-60-4 of the Otsego Zoning Ordinance (R -C District
Accessory Uses) shall be amended to include the following provision:
In home day care serving fourteen (14) or fewer persons in a single
family detached dwelling.
Section 10. Section 20-61-2.D of the Otsego Zoning Ordinance (R-1 District
Permitted Uses) shall be amended to read as follows:
D. Reserved.
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Section 11. 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 12. Section 20-62-2.0 of the Otsego Zoning Ordinance (R-2 District
Permitted Uses) shall be amended to read as follows:
C. Reserved.
Section 13. 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 14. Section 20-63-2.0 of the Otsego Zoning Ordinance (R-3 District
Permitted Uses) shall be amended to read as follows:
C. Reserved.
Section 15. 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 16. Section 20-64-2.0 of the Otsego Zoning Ordinance (R -4A District
Permitted Uses) shall be amended to read as follows:
C. Reserved.
Section 17. 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.
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Section 18. Section 20-65-2.0 of the Otsego Zoning Ordinance (R-4 District
Permitted Uses) shall be amended to read as follows:
C. Reserved.
Section 19. 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 20. Section 20-66-2.0 of the Otsego Zoning Ordinance (R-5 District
Permitted Uses) shall be amended to read as follows:
C. Reserved.
Section 21. 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.
Section 22. Section 20-67-2.E of the Otsego Zoning Ordinance (R-6 District
Permitted Uses) shall be amended to read as follows:
E. Reserved.
Section 23. 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 24. Section 20-68-2.13 of the Otsego Zoning Ordinance (R-7 District
Permitted Uses) shall be amended to read as follows:
B. Reserved.
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Section 25. Section 20-68-2.G of the Otsego Zoning Ordinance (R-7 District
Permitted Uses) shall be amended to read as follows:
G. Residential care facilities serving seven (7) to sixteen (16) persons in a
multiple family structure.
Section 26. 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 27. 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 28. Section 20-76-6 of the Otsego Zoning Ordinance (B-2 District
Conditional Uses) shall be amended to include the following provision:
Day care facilities as regulated by Section 30 of this Chapter.
Section 29. Section 20-77-6 of the Otsego Zoning Ordinance (B-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 30. Section 20-78-6.13 of the Otsego Zoning Ordinance (B -W District
Conditional Uses)shall be amended to read as follows:
B. Day care facilities as regulated by Section 30 of this Chapter.
Section 31. Section 20-79-6 of the Otsego Zoning Ordinance (B-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 32. 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 33. This Ordinance shall become effective immediately upon its
passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED this 9th day of June 2008 by the City Council of the City of
Otsego.
CITY OF OTSEGO
Bv:
Larry Fournier, Mayor
Attest:
Judy Hudson, City Clerk/Zoning Administrator
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