05-18-09 PCITEM 3_7
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
PLANNING REPORT
TO:
FROM:
RE:
REPORT DATE:
NAC FILE:
BACKGROUND
Otsego Planning Commission
Daniel Licht, AICP
Otsego — Johnson Commercial Recreation CUP
14 May 2009 ACTION DATE: 27 June 2009
176.02 CITY FILE: 09-08
Ms. Peggy Johnson owns a 19.0 acre property at the southwest corner of Jason
Avenue (County Road 118) and Jamison Avenue. The property is developed with a
single family dwelling and two barns that the property owner uses for the keeping of
farm animals. The property owner is proposing to establish a business on the property
whereby people would come to the site with the farm animals as an attraction.
The property is guided by the Comprehensive Plan for future low density residential
uses as part of the west sanitary sewer district. The property is zoned A-1, Agriculture
Rural Service District consistent with the interim land use plan provisions of the
Comprehensive Plan until sewer is available to the area.
The keeping of farm animals is a permitted use within A-1 District. However, the
proposal to have people visiting the property to view and interact with the animals as
business would be defined as a commercial recreation use by the Zoning Ordinance.
Commercial recreation uses are allowed in the A-1 District as a conditional use. A
public hearing to consider an application for a conditional use permit allowing a
commercial recreation use upon the property has been noticed in accordance with the
Zoning Ordinance and Minnesota Statutes for 18 May 2008 at 6:30 PM.
Exhibits:
A. Site Location
B. Site sketch
ANALYSIS
Animals. Section 26 of the Zoning Ordinance specifics minimum performance
standards for keeping animals and farm animals specifically so as not to cause a
nuisance or endanger public health and safety as well as protect the animal.
Compliance with these standards is to be required as a condition of approval.
The Zoning Ordinance was also amended on 28 October 1996 to prohibit establishment
of new animal feedlots within the City, defined as enclosure of more than ten animal
units, which predates the applicant's acquisition of the property. The number of animals
kept on the property may not exceed 10 in compliance with Section 27 of the Zoning
Ordinance. The applicant indicates that they currently have the following animals on the
property, which to 7.2 animal units as defined by the Zoning Ordinance. They do not
intend to add animals. The keeping of exotic animals is specifically prohibited by the
Zoning Ordinance.
7 pigmy goats
3 baby doll sheep
3 mini -horses
1 mini -donkey
2 potbelly pigs
3 horses
1 mini cow
10 chickens
Facilities. The animals are to be kept in two existing buildings and adjacent pen areas
that will be accessible to visitors. The Building Official will need to inspect these areas
to determine the applicability of and compliance with building codes for commercial
uses.
Hours. The applicant has proposed the following hours for the commercial recreation
use:
Summer: Seven days per week - 12:00 Noon to 8:00 PM
Spring/Fall: Saturday/Sunday — 12:00 Noon to 6:00 PM
Winter: Saturday/Sunday — 12:00 Noon to 5:00 PM
To minimize potential conflicts with the adjacent STMA High School, we recommend
that the summer days/hours be limited to the months of June through August with the
proposed days/hours proposed for Spring and Fall allowed all other months of the year.
Access. The subject site is accessed off of 60th Street, which is a gravel roadway. The
subject site is the first residential property along 60th Street off of County Road 118, so
no traffic generated by the proposed use would be anticipated to drive past other
residences causing potential dust impacts. This street is divided between the City of
Otsego and City of St. Michael and is maintained by the City of St. Michael. The City of
Otsego has required other commercial businesses located in the A-1 District served by
gravel streets to pay for dust control along their frontage. The need for the applicant to
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pay for dust control on 60th Streets should be evaluated annually by the Otsego Public
Works Supervisor in consultation with the City of St. Michael as a condition of approval
as the chemical applied to the roadway not only controls dust but can minimize traffic
impacts as well.
Off -Street Parking. The applicant has provided a scaled drawing of their building site
within the property. Based on the dimensions of parking stalls defined by Section 21 of
the Zoning Ordinance, there is space for approximately seven vehicles. Given the size
of the property, there is likely additional area available if more parking is required. To
ensure access for emergency vehicles, the driveway from 60th Street and a corridor a
minimum of 20 feet wide must be maintained to the barn areas. Also, to avoid potential
conflicts with the adjacent STMA High School, we recommend a condition of approval
specifically prohibiting parking on the adjacent public streets.
Signs. The applicant has not provided information regarding proposed signage.
Section 20-27-5.A of the Zoning Ordinance allows uses within the A-1 District one sign
not to exceed 64 square feet in area or eight feet in height. A sign permit is required
prior to installation of any signs upon the property.
Criteria. Applications for conditional use permits are to be evaluated based upon, but
not limited to the criteria established by Section 20-4-2.F 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 and surrounding
area for continued rural uses until such time as sanitary sewer and water may be
available. The relatively limited intensity of the proposed commercial recreational
use involving farm animals as an attraction is appropriate for the character of the
property.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site is surrounded by the following existing/planned land
uses:
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
A-1 District
Rural Residential
East — St. Michael
HD Residential
Public -Institutional
STMA High School
South — St. Michael
Agriculture
HD Residential
A-1 District
Agriculture
West
LD Residential
PUD
Rural Residential
The primary compatibility issue in the area would be potential conflicts with the
STMA High School in terms of traffic impacts in terms of congestion and street
capacity. The low intensity scale of the proposed use, limited hours of operation
as proposed by the applicant and prohibition of on -street parking will be sufficient
to avoid these issues.
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 will be required to comply with all applicable
performance standards and conditions of approval.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment: The proposed use is relatively limited in terms of scale and
intensity. Although 60th Street accessing the property is a gravel roadway, the
limited traffic volume anticipated to be generated by the proposed use will not
impact this or other 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 not effect public service capacities.
RECOMMENDATION
City staff anticipates that the proposed use will be relatively low in intensity. Given the
size and location of the property, no potential adverse impacts would be anticipated
provided that the scale of the use is appropriately limited to anticipated levels. Our
office recommends approval of the proposed commercial recreation use subject to the
conditions outlined below.
POSSIBLE ACTIONS
A. Motion to approve a CUP allowing commercial recreation subject to the following
conditions:
Only animals defined as domestic animals or farm animals by the Zoning
Ordinance shall be allowed upon the property.
2. The number animal kept on the property shall not exceed ten (10) animal
units as defined by the Zoning Ordinance.
3. Animals shall be kept in accordance with Sections 20-26-1 and 20-26-4 of
the Zoning Ordinance.
4. Buildings utilized in the commercial use shall be subject to review and
approval by the Building Official as to the applicability of commercial
building codes.
0
5. Adequate restroom facilities shall be provided in accordance with Chapter
4, Section 3 of the City Code and approval of the Building Official.
6. Hours of operation shall be limited as follows unless modified by the City
Council:
a. June to August: 12:00 Noon to 8:00 PM
b. Other months: 12:00 Noon to 6:00 PM on Saturdays and
Sundays Only.
7. The driveway and 20 foot wide corridor leading to each barn shall be
maintained free of vehicles or other obstacles for emergency vehicle
access.
8. There shall be no parking allowed on the following streets:
a. Jason Avenue/County Road 118.
b. Jamison Avenue.
C. 60th Street.
9. Employees shall be limited to those residing upon the property.
10. There shall be no retail sales of products or merchandise.
11. All signs shall comply with Section 37 of the Zoning Ordinance including
the requirement for approval of a permit prior to installation of any
regulated signs upon the property.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan and Zoning Ordinance.
C. Motion to table.
C. Mike Robertson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Marc Weigle, City of St. Michael
Dr. Marcia Ziegler, STMA ISD 885
Exhibit A-1
Date Created: 5/14/2009
Map Scale: 1 in = 502 ft
Parcels
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Parcel ID 118800343402 Alternate ID N/A Owner Name ROBERT P & MARGARET R JOHNSON
Sec/Twp/Rng 34-121-24 Class 201 - RESIDENTIAL Owner Address ROBERT P & MARGARET R JOHNSON
Property Address 9420 60TH ST NE Acreage 19.00 9420 60TH ST NE
OTSEGO OTSEGO, MN 55376
District
Brief Tax Description Sect -34 Twp -121 Range -024 UNPLATTED LAND 19.00 AC PRT OF SE1/4 OF SW1/4 LY SWLY OF CO RD 118EX PRT DES
IN BK 207-63
(Note: Not to be used on legal documents)
Exhibit A-2
Date Created: 5/14/2009
Map Scale: 1 in = 264 ft
iew
Parcels
CltyJownshlp
Limns
Roads
CSAIICL
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Male 11 ny
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Parcel ID 118800343402 Alternate ID N/A Owner Name ROBERT P & MARGARET R JOHNSON
Sec/Twp/Rng 34-121-24 Class 201 - RESIDENTIAL Owner Address ROBERT P & MARGARET RJOHNSON
Property Address 9420 60TH ST NE Acreage 19.00 9420 60TH ST NE
OTSEGO OTSEGO, MN 55376
District
Brief Tax Description Sect -34 Twp -121 Range -024 UNPLATTED LAND 19.00 AC PRT OF SE1/4 OF SW1/4 LY SWLY OF CO RD 118EX PRT DES
IN BK 207-63
(Note: Not to be used on legal documents)
CD
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,'.&nacplanning.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Zoning Ordinance
DATE: 14 May 2009
NAC FILE: 176.08
BACKGROUND
A public hearing is scheduled for the Planning Commission meeting on 18 May 2009 to
consider amendments to the Zoning Ordinance and Subdivision Ordinance. The City
Council directed the Planning Commission to consider amendments pertaining to
regulation of pawn shops / secondhand dealers, minimum lot area requirements for
single and two family uses and allowance of second driveways within the R-1, R-2 and
R-3 Districts. In the paragraphs that follow, text to be added to the City Code is
identified with a double -underline while text to be deleted has a double-strikethrouah.
Exhibits:
A. draft City Code amendment
ANALYSIS
Pawn Shops. The City Council approved business licensing regulations for pawn
shops and second hand goods dealers at their meeting on 27 April 2009 following
recommendations from the Police Commission. A second element of the regulation of
Pawn Shops within Otsego is determination of appropriate locations these uses will be
allowed. The primary compatibility issue related to pawn shops and second hand goods
dealers is proximity to residential areas. This concern exists for two reasons: the
potential to encourage theft crimes and second the unique operational characteristics of
goods being brought into the business and taken out at varying and irregular times. In
consideration of these two issues, the appropriate zoning district for such a use would
be a business district with a more regional orientation.
The Zoning Ordinance establishes three business districts that allow for a range of retail
and service type uses:
B-1 Neighborhood Business District: The purpose of the B-1 District is
to provide for limited office, retail or service outlets dealing primarily with
local patrons at locations integrated with residential neighborhoods
■ B-2 Highway Commercial District: The purpose of the B-2 District is to
allow for high intensity retail and service uses oriented to or dependent
upon motor vehicle traffic that are typically oriented more towards regional
markets than local patrons.
■ B-3 General Commercial District. The B-3 District has the most broadly
constituted range of allowed retail, service and office uses intended to be
designated within the City's primary commercial areas and balanced in
terms of local and regional market needs.
Based on the intent and purpose of the three business zoning districts established by
the Zoning Ordinance, our office would recommend allowing pawn shops and second
hand goods dealers as a permitted use in the B-2 District given the less local orientation
of the uses allowed within that District. Allowing the use as permitted versus a
conditional use will avoid the need for a public hearing held at the Planning Commission
that would be redundant of the one required to be held by the City Council for the
proposed business license. Holding a public hearing as part of the business licensing
process is also preferable as the City has greater discretion as part of the business
license to approve or deny an application or impose conditions related to the operation
of the use in contrast to the more specifically defined criteria of the zoning process.
We would note that there are currently no lands within the City zoned B-2 District.
However, any person with an interest in property within he City may make an
application for a rezoning to be evaluated based upon (but not limited to) the criteria
established by Section 20-3-21 of the Zoning Ordinance. The City Council may direct
the Planning Commission to initiate this Zoning Ordinance amendment in adopting the
proposed City Code regulations.
In making provision for pawn shops and second hand goods dealers within the Zoning
Ordinance, the following amendments are proposed:
20-2-2: Definitions:
Pawnshop. The location at which or premises in which a pawnbroker
regularly conducts business.
Second hand dealer. A person, partnership. firm or corporation whose
regular business includes selling or receiving tangible personal property
excluding motor vehicles) previously used, rented, owned, or leased. The
term second hand dealer shall include pawnbroker and antique shops.
pil
20-76-2: B-2 District Permitted Uses:
Q. Second hand goods dealer/
20-77-2: B-3 District Permitted Uses:
P. Antiqu Gift shop.
Lot Area. The City has identified issues related to development where required
stormwater ponds, wetlands and wetland buffers are platted within the area of individual
lots and overlaid by drainage and utility easements, particularly in residential
subdivisions that are platted with individual lots (versus unit/base lots common in
townhouse developments). These issues include encroachments of maintained lawns,
plantings, fences or accessory structures into ponding areas or wetlands and wetland
buffers potentially effecting stormwater function of the ponds or damaging the wetlands.
Also, because these protected areas are included within the area of the individual lots,
these areas are included in the calculation of minimum lot area requirements, effectively
reducing the usable yard space for recreation purposed, deck construction or location of
accessory structures. To address these issues, the City Council has directed that
ponds, wetlands and wetland buffers are to be platted as outlots that are deeded to the
City for stormwater management purposes. In support of this policy, amendments to
the Zoning Ordinance definition of minimum lot area are also proposed to exclude
stormwater basins, wetlands, wetland buffers and steep slopes from the calculation of
lot area to ensure usable yard space for each lot consistent with the intent of
establishing minimum lot area requirements.
We recommend that the exclusion of these unbuildable areas from the calculation of lot
area be limited to the one acre lots in the R -C and R-3 Districts and various zoning
districts allowing urban sized lots within the sanitary sewer district. The revised
definition of lot area would apply only to lots preliminary and final platted after the
effective date of the amendment. The proposed amendment would also not apply to
minimum lot area per unit requirements for residential developments platted in a unit
and base lot configuration or commercial and industrial developments, although the
amendment to the Subdivision Ordinance allows the City to require ponding areas,
wetlands and wetland buffers to be platted as outlots for these types of developments.
20-17-9: MINIMUM LOT AREA PER UNIT: The lot area per unit
requirement for single family, two-family, townhouses, apartments and
planned unit developments shall be calculated on the basis of the total
area on the lot or in the project and as controlled by an individual and joint
ownership.
3
A. Single and two -Family -uses shall be as specified in the respective
zoning districts subiect to the following:
A-1, A-2, R-1 and R-2 District Lots and Lots Of Record And
Preliminary Platted Lots Having Legal Standing On
[EFFECTIVE DATEI: Except as may be otherwise required
by this Chapter, the lot area shall be measured as the area
of a horizontal plane within the lot lines.
2. Lots Of Record in the R -C. R-3. R -4A. R-4. R-5. R-6 and R-7
Districts Established After [EFFECTIVE DATEI: Except as
may be otherwise allowed by this Chapter, the lot area shall
be measured as the area of a horizontal plane within the lot
lines excluding stormwater basins, drainageways, wetlands.
required wetland buffers, water bodies, public rights-of-way.
regional drainage and utility easements, and slopes steeper
than three to one(3:1).
B. Townhouse,
and
similar independent
unit entry structures
platted in as base/unit
lots: 5,000 square feet
C. Multiple Family 2,500 square feet
D. Elderly Housing 1,000 square feet
20-16-9.E.4.d
The
wetland and buffer shall be platted as an outlot if established as
part of a subdivision application. All other applications shall reauire
dedication of a perpetual conservation easement.
21-7-15.D. Outlot Alternative. For single and two family lot subdivisions
not platted as base and unit lots or for other land uses as
determined by the City, stormwater basins, drainageways
wetlands, and wetland buffers water bodies or other natural
features subject to dedication of easements in accordance with this
Section shall be instead be included within outlots havjng access to
a public street as determined necessary by the City Engineer.
Second Driveways. The City has processed a number of applications for conditional
use permits allowing second driveways within the R-1, R-2, R-3 Districts since the
Zoning Ordinance was amended on 24 May 2004 to make provisions for these uses. In
processing these applications, there have been minimal issues in reviewing the criteria
and City staff's recommendations have been accepted by the Planning Commission and
City Council. The City Council directed the Planning Commission to consider amending
the Zoning Ordinance to allow the decision on applications for second driveways within
these Districts to be made by City staff. Making the application for a second driveway in
the R-1, R-2 and R-3 Districts an administrative permit versus conditional use permit
would save property owners both time and cost. In those instances where City staff
denies an application for a second driveway, the applicant does have the ability to
appeal the decision to the City Council under Section 7 of the Zoning Ordinance.
20-21-4.H.11.d. Single family residential uses shall be limited to one
(1) access per property, except as provided for below:
(1) Lots within the A-1 or A-2 District shall be allowed two (2)
accesses per property by administrative permit, provided
that.-
(a)
hat:
(a) The lot shall have an area of five (5) acres or greater.
(b) The lot shall have a minimum frontage of two hundred
fifty (250) feet to a public street with a rural section
design (no curb).
(c) The location of all access points shall be subject to
compliance with Section 20-21-4.H.7 of the Zoning
Ordinance and approval of the City Engineer and the
County Engineer when applicable.
2) Lots within the R-1. R-2 and R-3 Districts shall be
allowed two (2) accesses per property by
administrative permit, provided that:
(a) There is a demonstrated need for more than
one (1) lot access due to physical site
constraints (soils, steep slopes, significant
vegetation, ponds or wetlands) or the location
of existing principal buildings.
(b) The lot shall have a minimum of one hundred
fifty (150) feet of frontage to a public street.
(c) The location of all access points shall be
subject to compliance with Section 20-21-4.H.7
of the Zoning Ordinance and approval of the
City Engineer and the County Engineer when
applicable.
(d) The design of the lot access shall conform to
the specifications established by the
Engineering Manual.
(23) Lots within all other districts or those in the ^ I _" ^
metric* -not meeting the requirements for an
administrative permit outlined in Sections 20-21-
4.H.11.c(1) and 2 shall be allowed not more than
two (2) access per property by conditional use permit,
provided that:
(a) There is a demonstrated need for more than
one (1) lot access due to physical site
constraints (soils, steep slopes, significant
vegetation, ponds or wetlands) or the location
of existing principal buildings.
(eb) The location of all access points shall be
subject to compliance with Section 20-21-4.H.7
of the Zoning Ordinance and approval of the
City Engineer and the County Engineer when
applicable.
(dc) The design of the lot access shall conform to
the specifications established by the
Engineering Manual.
�e)Q A lot having access from two public streets (in the
case of a corner lot or double frontage lot) may incur
additional costs related to street improvement projects
benefiting the property.
2
RECOMMENDATION
City staff recommends approval of the proposed amendments to the Zoning Ordinance
and Subdivision Ordinance as presented herein.
POSSIBLE ACTIONS
A. Motion to recommend approval of amendments to the Zoning Ordinance and
Subdivision Ordinance as presented.
B. Motion to not recommend approval of the proposed amendments based on a
finding that the actions are inconsistent with the Comprehensive Plan.
C. Motion to table.
C. Mike Robertson, City Administrator
Tami Loff, City Clerk
Brad Belair, Public Works Supervisor
Harold Leonard, Building Official
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
7
ORDINANCE NO.: 2009 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE OTSEGO CITY CODE REGARDING PAWN
SHOPS/SECOND HAND DEALERS, MINIMUM LOT AREA REQURIEMENTS AND
RESIDENTIAL SECOND DRIVEWAYS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-2-2.P of the Zoning Ordinance is hereby amended to
include the following definition:
Pawnshop: The location at which or premises in which a pawnbroker
regularly conducts business.
Section 2. Section 20-2-2.S of the Zoning Ordinance is hereby amended to
include the following definition:
Second hand dealer: A person, partnership, firm or corporation whose
regular business includes selling or receiving tangible personal property
(excluding motor vehicles) previously used, rented, owned, or leased. The
term second hand dealer shall include pawnbroker and antique shops.
Section 3. Section 20-16-9.E.4.d of the Zoning Ordinance is hereby amended to
read as follows:
d. The wetland and buffer shall be platted as an outlot if established as
part of a subdivision application. All other applications shall require
dedication of a perpetual conservation easement.
Section 4. Section 20-17-9 of the Zoning Ordinance is hereby amended to read as
follows:
20-17-9: MINIMUM LOT AREA PER UNIT: The lot area per unit
requirement for single family, two-family, townhouses, apartments and
planned unit developments shall be calculated on the basis of the
total area on the lot or in the project and as controlled by an individual
and joint ownership.
A. Single and two-family uses shall be as specified in the
respective zoning districts subject to the following:
1. A-1, A-2, R-1 and R-2 District Lots and Lots Of Record And
Preliminary Platted Lots Having Legal Standing On
[EFFECTIVE DATE]: Except as may be otherwise required
by this Chapter, the lot area shall be measured as the area
of a horizontal plane within the lot lines.
2. Lots Of Record in the R -C, R-3, R -4A, R-4, R-5, R-6
and R-7 Districts Established After [EFFECTIVE DATE]:
Except as may be otherwise allowed by this Chapter,
the lot area shall be measured as the area of a
horizontal plane within the lot lines excluding
stormwater basins, drainageways, wetlands, required
wetland buffers, water bodies, public rights-of-way,
regional drainage and utility easements, and slopes
steeper than three to one (3:1).
B. Townhouse,
and similar independent
unit entry structures
platted in as base/unit
lots: 5,000 square feet
C. Multiple Family 2,500 square feet
D. Elderly Housing 1,000 square feet
Section 5. Section 20-21-4.H.1 1.d of the Zoning Ordinance is hereby amended to
read as follows:
d. Single family residential uses shall be limited to one (1) access per
property, except as provided for below:
(1) Lots within the A-1 or A-2 District shall be allowed two (2)
accesses per property by administrative permit, provided that:
(a) The lot shall have an area of five (5) acres or greater.
2
(b) The lot shall have a minimum frontage of two hundred
fifty (250) feet to a public street with a rural section
design (no curb).
(c) The location of all access points shall be subject to
compliance with Section 20-21-4.H.7 of the Zoning
Ordinance and approval of the City Engineer and the
County Engineer when applicable.
(2) Lots within the R-1, R-2 and R-3 Districts shall be allowed two
(2) accesses per property by administrative permit, provided
that:
(a) There is a demonstrated need for more than one (1) lot
access due to physical site constraints (soils, steep
slopes, significant vegetation, ponds or wetlands) or the
location of existing principal buildings.
(b) The lot shall have a minimum of one hundred fifty (150)
feet of frontage to a public street.
(c) The location of all access points shall be subject to
compliance with Section 20-21-4.H.7 of the Zoning
Ordinance and approval of the City Engineer and the
County Engineer when applicable.
(d) The design of the lot access shall conform to the
specifications established by the Engineering
Manual.
(3) Lots within all other districts or those not meeting the
requirements for an administrative permit outlined in Sections
20-21-4.H.1 11.c(l) and (2) shall be allowed not more than two
(2) access per property by conditional use permit, provided
that:
(a) There is a demonstrated need for more than one (1) lot
access due to physical site constraints (soils, steep
slopes, significant vegetation, ponds or wetlands) or the
location of existing principal buildings.
(b) The location of all access points shall be subject to
compliance with Section 20-21-4.H.7 of the Zoning
Ordinance and approval of the City Engineer and the
3
County Engineer when applicable.
(c) The design of the lot access shall conform to the
specifications established by the Engineering Manual.
(4) A lot having access from two public streets (in the case of a
corner lot or double frontage lot) may incur additional costs
related to street improvement projects benefiting the property.
Section 6. Section 20-76-2 of the Zoning Ordinance is hereby amended to include
the following provision:
Q. Second hand goods dealer / Pawnshop.
Section 7. Section 20-77-2.P of the Zoning Ordinance is hereby amended to read
as follows:
P. Gift shop.
Section 8. Section 21-7-15 of the Subdivision Ordinance is hereby amended to
include the following provision:
D. Outlot Alternative. For single and two family lot subdivisions not
platted as base and unit lots or for other land uses as determined by
the City, stormwater basins, drainageways, wetlands, and wetland
buffers water bodies or other natural features subject to dedication of
easements in accordance with this Section shall be instead be
included within outlots having access to a public street as determined
necessary by the City Engineer.
Section 9. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
U
ADOPTED by the Otsego City Council this 26th day of May, 2009.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica Stockamp, Mayor