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10-06-08 PCITEM 3_y NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(' nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Laurie Smith DATE: September 30, 2008 RE: Otsego — Zoning Ordinance Amendment; Swimming Pool Regulations FILE: 176.02 BACKGROUND The Planning Commission held a public hearing on September 15, 2008 to consider amendments to the Zoning Ordinance related to the regulation of swimming pools. The Planning Commission discussed the proposed changes to the ordinance and determined that additional changes and revisions were necessary prior to recommending the amendment for adoption. There were no comments from the public. The Planning Commission directed staff to revise the proposed ordinance amendment and bring it back for review at their meeting on October 6, 2008. ANALYSIS One of the main concerns with swimming pool safety relates to the regulation of temporary swimming pools: ■ Additional regulations for the placement of pool covers and the removal of pool ladders have been added to the proposed amendment in order to better regulate these temporary pools. ■ Additionally, a provision has been added requiring persons applying for Administrative Permits to demonstrate a plan for drainage of the pool. CONCLUSION City staff recommends approval of the proposed Zoning Ordinance amendment addressing swimming pools in the form attached hereto. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Tim Rochel, Building Official Ron Wagner, City Engineer Andy MacArthur, City Attorney ORDINANCE NO. 2008 - CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE RELATED TO SWIMMING POOLS AND ACCESSORY BUILDINGS. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-2-2.S of the Otsego Zoning Ordinance shall be amended to read as follows: Swimming Pool: 0ngh s. Any pool, tank, depression or excavation in or above ground, including swimming pools, spas and hot tubs but not including stormwater facilities, which causes or has the capacity to retain water with a depth greater than thirty (30) inches and which is intended to be used by individuals for swimming, wading or immersion purposes. Section 2. Section 20-16-5 of the Otsego Zoning Ordinance shall be amended to read as follows: A. All above or below ground swimming pools shall be subject to the setback requirements for accessory structures established by Section 20-16-4 of this Chapter. B. Administrative Permit. An Administrative Ppermit shall be required for all swimming pools as defined by Section 20-2-2 of this Ordinance that do not require a building permit. Each application for an Administrative Ppermit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: The proposed location and its relationship to the other pfiasipal-buildings and structures on the lot. The size of the pool. Fencing and other fixtures existing on the lot including utility locations and trees. The location, size and types of equipment to be used in connection with the pool, including but not limited to, filter unit, pump, fencing and the pool itself. 5. A plan for drainage of the pool explaining drainage method and location. 66. That the requirements contained in Section 20-16-5.0 will be satisfied. C. All swimming pools as defined by this Ordinance shall be provided with safeguards to prevent children from gaining uncontrolled access. This may be accomplished with fencing, GsreeRiRg or other enclosure, _of sufficient density as to be impenetrable. 1. Fences. If fences are employed, they shall be at least four (4) feet in- Formatted: Indent: Left: 0.5", Hanging: 0.5" height. The opening between the bottom of the fence and the ground or other surfaces shall not be more than four (4) inches. Fences shall be of a non -corrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self -latching devices placed at a sufficient height so as to be inaccessible to small children. All fence posts shall be decay or corrosion -resistant and shall be set in concrete bases or other suitable protection. 2. Accessory decks. Above ground pools with an accessory deck constructed within three (3) feet of the pool shall install a thirty-six (36) inch guard rail around the deck. All openings shall be equipped with self- closing and self -latching gates. 3. Pool covers. All swimming pools as defined by this Ordinance shall be Formatted: Font: (Default) Arial covered when not in use by a latchable cover constructed of a material Formatted: Normal, Indent: Left: 0.5", which prevents uncontrolled access. Pool covers, whether they can be Hanging: 0.5", Don't adjust space between locked or not, do not alone meet public safety requirements if the cover is Latin and Asian text, Don't adjust space between Asian text and numbers of the type that can collect and hold natural water._ Formatted: Font: (Default) Arial 4. Ladders. For all above -ground swimming pools utilizing a ladder for pool Formatted: Indent: Left: 0.5", Hanging: 0.5" access, ladders shall be removed from the pool area when not in use to prevent uncontrolled access. Formatted: Indent: First line: 0" Section 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 13`h day of October, 2008. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Judy Hudson, City Clerk/Zoning Administrator ORDINANCE NO. 2008 - CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE RELATED TO SWIMMING POOLS AND ACCESSORY BUILDINGS. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-2-2.S of the Otsego Zoning Ordinance shall be amended to read as follows: Swimming Pool: Any pool, tank, depression or excavation in or above ground, including swimming pools, spas and hot tubs but not including stormwater facilities, which causes or has the capacity to retain water with a depth greater than thirty (30) inches and which is intended to be used by individuals for swimming, wading or immersion purposes. Section 2. Section 20-16-5 of the Otsego Zoning Ordinance shall be amended to read as follows: A. All above or below ground swimming pools shall be subject to the setback requirements for accessory structures established by Section 20-16-4 of this Chapter. B. Administrative Permit. An Administrative Permit shall be required for all swimming pools as defined by Section 20-2-2 of this Ordinance that do not require a building permit. Each application for an Administrative Permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: 1. The proposed location and its relationship to the other buildings and structures on the lot. 2. The size of the pool. 3. Fencing and other fixtures existing on the lot including utility locations and trees. 4. The location, size and types of equipment to be used in connection with the pool, including but not limited to, filter unit, pump, fencing and the pool itself. 5. A plan for drainage of the pool explaining drainage method and location. 6. That the requirements contained in Section 20-16-5.0 will be satisfied. C. All swimming pools as defined by this Ordinance shall be provided with safeguards to prevent children from gaining uncontrolled access. This may be accomplished with fencing or other enclosure of sufficient density as to be impenetrable. 1. Fences. If fences are employed, they shall be at least four (4) feet in height. The opening between the bottom of the fence and the ground or other surfaces shall not be more than four (4) inches. Fences shall be of a non -corrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self -latching devices placed at a sufficient height so as to be inaccessible to small children. All fence posts shall be decay or corrosion -resistant and shall be set in concrete bases or other suitable protection. 2. Accessory decks. Above ground pools with an accessory deck constructed within three (3) feet of the pool shall install a thirty-six (36) inch guard rail around the deck. All openings shall be equipped with self- closing and self -latching gates. 3. Pool covers. All swimming pools as defined by this Ordinance shall be covered when not in use by a latchable cover constructed of a material which prevents uncontrolled access. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water. 4. Ladders. For all above -ground swimming pools utilizing a ladder for pool access, ladders shall be removed from the pool area when not in use to prevent uncontrolled access. Section 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. MOTION BY: SECOND BY: 2 ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 13th day of October, 2008. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Judy Hudson, City Clerk/Zoning Administrator