09-03-02 PCITEM 3. 1.
HOtir"Wasir ASSOCMA-tab CONSUL-mm-ta* INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Daniel Licht
RE: Otsego - Valerius - Rezoning/Preliminary and Final Plat
REPORT DATE: 27 August 2002 ACTION DEADLINE: 11 November 2002
NAC FILE: 176.02 - 02.26 CITY FILE: 2002 -
BACKGROUND
Mr. Dale Valerius and Mr. Allen Valerius have submitted a joint application to divide two
lots from 54.5 acres owned by their mother Mrs. Donna Mae Valerius. The subject
property is located at the southwest quadrant of 70' Street and Oakwood Avenue. There
are no homes currently constructed on the property as all of the available development
rights have previously been divided off.
The subject property is within the Urban Service Reserve Area designated by the
Comprehensive Plan and guided for continued agriculture land uses. Development of
single family residential uses is allowed at a density of four units per forty acres. The
property is currently zoned A-1, Agriculture Rural Service Area District, which only allows
development at a density of one unit per forty acres.
Therefore, the applicants request requires consideration of a Zoning Map amendment to
include the subject site within the A-2, Agriculture Long Range Urban Service Area. The
A-2 District allows for single family residential uses to develop at a density of four units per
forty acres. Consideration of a preliminary and final plat for each of the lots is also
required as the request does not qualify for an administrative subdivision.
Exhibits:
A. Site Location
B. Proposed Lots
ANALYSIS
Zoning. The applicant's have requested a Zoning Map amendment to change the zoning
classification of the subject site from A-1 District to A-2 District to enable additional
development rights allowed by the Comprehensive Plan. The Planning Commission and
City Council evaluate such requests based on the criteria outlined in Section 20-3-2.17 of
the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan outlines a limited density allowance intended to
provide opportunities for rural character development in areas not planned for
sanitary sewer service. The 2002 Comprehensive Plan update specifies that non-
farm subdivisions in the Urban Service Reserve Area are to be limited to a minimum
lot size of or a maximum 2.5 acre lot size if less than 20 acres. Each of the proposed
lots are to be 2.5 acres in size and the overall density is consistent with that allowed
by the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding. The area surrounding the intersection of 70' Street and Oakwood Avenue
has developed with several large rural lot parcels and single family homes. The
proposed lot division is consistent with this character.
3. The proposed use's conformity with all performance standards contained in the
Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed preliminary plat will conform to all applicable requirements.
4. The proposed use's effect upon the area in which it is proposed.
Finding: The proposed division and keeping horses is not expected to cause any
negative effects as it is consistent with the framework of the 1998 Comprehensive
Plan under which application was made and character of the area.
5. The proposed use's impact upon property values of the area in which it is proposed.
Finding: Although no study has been completed, the proposed use is not anticipated
to negatively impact area property values.
6. Traffic generation by the proposed use in relation to the capabilities of streets
serving the property.
Finding: 701" Street has necessary capacity for any additional traffic created by the
property division and construction of two single family homes.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities and its potential to overburden the City's
service capacity.
Finding: The proposed use is not anticipated to have a negative impact to the City's
service capacity.
Subdivision. The applicants have not provided the necessary preliminary and final plat
documents at this time. Mr. Dale Valerius originally submitted a survey for one proposed
lot. The application was later amended to include Mr. Allen Valerius' request to subdivide
another lot. The requests are being processed together to save the applicants time and
expense. However, there was not time for the original survey to be modified as a plat
document or prepare a second set of plans for the other lot.
The proposed lots are generally illustrated on Exhibit B. The location of the lots reflects
the existing topography of the property and parcel lines. Provided that the applicants
submit the necessary documents if the applications are approved, the information shown
on Exhibit B should be sufficient for Planning Commission and City Council review. The
following issues pertain to the proposed subdivision requests:
Lot Measurements. The following table illustrates the minimum lot requirements
of the A-2 District and proposed lot measurements. Both lots will meet minimum
requirements.
Right -of -Way. Both of the proposed lots front onto 70th Street. This roadway is
planned as a future minor arterial street extending between TH 101 and CSAH 19.
The preliminary plats should provide for dedication of one-half of the right-of-way
recommended by the City Engineer for the future street.
Setbacks. Setbacks applicable to the proposed lots are 65 feet front, 30 feet side
yard, and 50 feet rear yard and should be shown on the preliminary plat. Based on
the area, width, and depth of the proposed lots, there will be adequate building
envelopes to allow for a single family dwelling.
Easements. Section 21-6-15 of the Subdivision Ordinance requires 10 foot
drainage and utility easements at the perimeter of all lots. These easements must
Area
Width
Depth
Required
1.0ac.
150ft.
150ft.
Proposed
2.5ac.
330ft.
330ft.
Right -of -Way. Both of the proposed lots front onto 70th Street. This roadway is
planned as a future minor arterial street extending between TH 101 and CSAH 19.
The preliminary plats should provide for dedication of one-half of the right-of-way
recommended by the City Engineer for the future street.
Setbacks. Setbacks applicable to the proposed lots are 65 feet front, 30 feet side
yard, and 50 feet rear yard and should be shown on the preliminary plat. Based on
the area, width, and depth of the proposed lots, there will be adequate building
envelopes to allow for a single family dwelling.
Easements. Section 21-6-15 of the Subdivision Ordinance requires 10 foot
drainage and utility easements at the perimeter of all lots. These easements must
be shown on the preliminary plat. Drainage and utility easements must also be
provide over all wetlands or drainageways. Identification of wetlands and
drainageways and all easements are subject to review and approval of the City
Engineer.
Utilities. Each of the dwellings on the proposed lots will be served by individual
on-site septic and well systems. The City Building Official is responsible for review
and approval of systems for residential uses. The system design must include
identification of two drainfield sites.
Park and Trail Dedication. No parks or trail facilities are planned in the area of
the subject site at this time. As such, satisfaction of park and trail dedication
requirements outlined in Section 21-7-18 of the Subdivision Ordinance will be by
a cash fee in lieu of land. This fee is $1,075 per lot, or $2,150, and must be paid
prior to release of the final plat.
CONCLUSION
The proposed subdivision of two lots from the subject parcel is consistent with the policies
of the Comprehensive Plan. Further, the two lots will be required to comply with all
requirements of the Zoning and Subdivision Ordinances. As such, our office recommends
approval of the applications as outlined below.
Decision 1 - Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1
District to A-2 District based upon a finding that the request is consistent with the
policies of the Comprehensive Plan.
B. Motion to deny the application based upon a finding that the request is inconsistent
with the policies of the Comprehensive Plan.
C. Motion to table the request.
Decision 2 - Preliminary/Final Plat
A. Motion to approve a preliminary and final plat for two lots, subject to the following
conditions:
The applicants shall submit a preliminary and final plat in the form required
by Section 6 of the Subdivision Ordinance, subject to approval of City Staff.
2. The proposed lots shall conform to all applicable performance standards of
the A-2 District.
3. The parent parcel is deed restricted to not allow more than one additional
development right unless allowed by the Comprehensive Plan or a change
in zoning classification.
4. The preliminary plats shall dedicate necessary right-of-way for 70' Street,
subject to review and approval of the City Engineer.
5. On-site septic and well systems are subject to review and approval of the
City Building Official.
6. The applicant shall pay a cash fee in lieu of land equal to $2,150.00 to
satisfy park and trail dedication requirements prior to release of the final plat
by the Zoning Administrator.
7. Comments of other City Staff.
B. Motion to deny the request based upon a finding that it is inconsistent with the
Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
Dale Valerius
Allen Valerius
Donna Mae Valerius
ON THE GREAT RIVER ROAD
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EXHIBIT B
-"[ . J. G✓JgG 11 • neHM NO. 161 P. 1/1
TO:OTSEGO
Hakanson
1�11 Anderson
Assoc., Inc.
MEMORANDUM
3601 Thurston Avenue, Suite 101, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
To: Honorable Mayor and City Council
From: Ronald J. Wagner, Pl `o
cc: Mike Robertson, Administrator
Judy Hudson, Clerk
Dan Licht, NAC
Andy MacArthur, City Attorney
Date: September 3, 2002
Re: Valerius — Rezoning/Preliminary and Final Plat
We have reviewed the proposed Preliminary and Final Plat and have the following comments:
1. 7& Street may become a state aid collector street for the City or become the rerouted
CSAH 37, We suggest the City require 50' south of the north line of Section 32
T121 R23 across this property be dedicated right-of-way.
2. A corridor connection from Nashua Avenue to a possible Nabor Avenue interchange
has been slated as a future state aid collector street. A portion of this is shown to run
along the west side of the Valerius property on, Otsego's State Aid Map. We
reviewed the topographic maps of the area and the best route for this Nashua/Nabor
corridor connection ends up a few hundred feet to the west of the west property line
of this property, due to numerous wetlands north and south of this property.
Therefore, we do not see the need for reserving right-of-way for a north -south
corridor across any portion of this property.
We recommend approval of the Preliminary and Final Plat with the dedication of 50' of right-of-
way for 70th Street,
Civil u Munlaipat 2
Enpnemi
Q:1Municipal\AOTSLG0200p12500\20021oa5001unc6Vdriaa7:rgfnr
ITEM 3. 2.
HO&TTM IST ASSOCMAlrab cawsuummirs�, Mac,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Daniel Licht
RE: Otsego - Quaday Addition; Rezoning/PUD-CUP/Preliminary Plat
REPORT DATE: 27 August 2002 APPLICATION DATE: 19 August 2002
NAC FILE: 176.02 - 02.30 CITY FILE: 2002-29
BACKGROUND
Clem and Idona Darkenwald have submitted plans for a seven lot commercial subdivision
located on 18.6 acres of land northwest of the CSAH 42 and TH 101 intersection. The
subject site is currently developed with a small wood building used as a chiropractic clinic.
The subject site is within the east sanitary sewer service district and guided for commercial
land use by the Comprehensive Plan. The eastern portion of the site is zoned B-3,
General Business District and the west portion is zoned A-1, Agriculture Rural Service
Area District.
The application involves consideration of a Zoning Map amendment to include the entire
property within the B-3 District, a PUD -CUP to allow lots without direct access to a public
street (use of a common driveway), and preliminary plat.
Exhibits:
A. Site Location
B. Concept Plan
C. Preliminary Plat
ANALYSIS
Use. The subject property is currently under developed with only a small stand alone
wood building and unimproved parking lot used by a chiropractor. The plans indicate that
the existing structure is to be removed. The concept for development of the subject site
is subdivision into up to seven commercial lots. Six of the lots are located east of an
extension of Quaday Avenue, with three of these lots fronting TH 101. One lot is located
on the west side of Quaday Avenue.
No specific uses have been identified at this time. Development of each lot within the
subdivision would be subject to future site and building plan review, as well as final plat
approval as each user is defined. As with other commercial and industrial projects, the
configuration of the development may change somewhat between preliminary and final plat
reviews based on each user's specific needs.
Zoning. The subject site is divided between the B-3 District and A-1 District. The
preliminary plat requires consideration of a Zoning Map amendment to include the entire
property within the B-3 District. Consideration of a PUD -CUP is also necessary to allow
for the proposed common driveway within Block 1. The Planning Commission and City
Council are to consider the criteria from 20-3-2.F and 20-4-2.F of the Zoning Ordinance
for the map amendment and PUD -CUP -
1 The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment: The Comprehensive Plan guides the subject site for commercial uses.
The area surrounding the CSAH 42 / TH 101 intersection is described as a
secondary commercial center intended to serve traffic on TH 101, as well as
convenience needs of the City's residents. The proposed application of the B-3
District to the entire property will allow for development of a wide range of
commercial uses including retail, service, and office uses consistent with the
direction of the Comprehensive Plan.
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 and/or planned
uses. The only potential compatibility issue is with existing single family homes
fronting CSAH 42 to the northwest of the subject site. Measures may be taken
during the site review process to address short term compatibility issues. However,
the City's plan is that the residential uses will eventually redevelop with industrial
uses that would present no compatibility issues with the subject site.
K
Direction
Existing Use
Zoning
Land Use Plan
North
Agriculture
Single Family Homes
A-1 District
Industrial
East
TH 101
N/A
N/A
South
Agriculture
R-3 District
A-1 District
Commercial
West
Townhomes
R-5 District
LD Residential
3. The proposed use's conformity with all performance standards contained in the
Zoning Ordinance (i.e., parking, loading, noise, etc.).
Comment: The preliminary plat conforms with all applicable requirements of the B-3
District. Uses developed on each of the lots will be subject to site and building plan
review to ensure compatibility with applicable performance standards.
The proposed PUD -CUP will allow for direct access to the lots within Block 1 via a
common driveway. Access limitations to TH 101, CSAH 42, and future Quaday
Avenue require an internal roadway for access to the individual lots. Provided the
roadway is designed to City standards, a private common driveway will provide
adequate circulation and access to the development. This roadway in not needed
for general circulation, therefore the need for it to be a public roadway is not critical.
4. The proposed use's effect upon the area in which it is proposed.
Comment: The proposed development will initiate commercial development at one
of the City's secondary gateways as anticipated by the Comprehensive Plan. This
area will provide new retail and service opportunities for City residents and transient
traffic on TH 101.
5. The proposed use's impact upon property values of the area in which it is proposed.
Comment: Although no study has been completed, the proposed use is not
anticipated to negatively impact area property values.
6. Traffic generation by the proposed use in relation to the capabilities of streets
serving the property.
Comment: The proposed use is served by collector and arterial street with adequate
capacity to accommodate traffic from the proposed development, provided that
access points are properly designed.
W
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities and its potential to overburden the City's
service capacity.
Comment: The proposed use is anticipated to contribute to the City's service
capacity by expanding tax base and utilizing in-place sanitary sewer and water
utilities..
Access. The subject site has frontage to TH 101 and CSAH 42. Obviously, no access to
TH 101 is allowed. CSAH 42 is designated as a minor arterial street by the
Comprehensive Plan and direct lot access to such roadways is also prohibited. The
transportation plan identifies a future extension of Quaday Avenue north of CSAH 42 to
connect with the 85ti' Street extension and 88"' Street.
MNDoT has recently completed a TH 101 planning study, which City Officials participated
in. This process looked at future traffic volumes within the corridor and outlined necessary
improvements. The plan calls for TH 101 to be upgraded to limited access freeway status.
Within Otsego, interchanges would be constructed at CSAH 39, CSAH 37, and CSAH 36.
The intersection of CSAH 42 and TH 101 would be closed off with an overpass. These
plans are preliminary and have not been formally adopted or placed on MNDoTs
construction schedule.
The applicant will be responsible for construction of the Quaday Avenue segment as
shown on the submitted plans. The plans indicate that the segment of Quaday Avenue
within the plat is offset from Quaday Avenue south of CSAH 42. The submitted plans
should be revised such that the Quaday Avenue intersection aligns with the existing
intersection at more of a 90 degree angle to CSAH 42. The design of Quaday Avenue is
to be consistent with the Engineering Manual and MSA requirements, subject to approval
of the City Engineer.
Lots 1-6 of Block 1 are proposed to have access via a 36 foot wide common driveway with
one public street access point at CSAH 42 and one at Quaday Avenue. The proposed
access to CSAH 42 is at the location of the existing driveway to the property. Access to
CSAH 42 is subject to approval of Wright County, and will likely require construction of
turn lanes on CSAH 42.
The proposed private driveway intersection with Quaday Avenue is approximately 220 feet
from the Quaday Avenue and CSAH 42 intersection. Spacing for the private driveway is
adequate, but subject to further review by the City Engineer and Wright County. The
private driveway should be revised to intersect Quaday Avenue at a 90 degree angle.
The private drive is 36 feet wide, whereas the City requires 46 feet for a public local
commercial street. Plans for the internal common driveway must be submitted and should
be designed to City street specifications (excluding right-of-way) subject to review and
approval of the City Engineer. The private driveway also includes a six foot side walk on
0
its north/east side. The plans should provide for six foot concrete sidewalks on both sides
of the roadway for pedestrian access.
Lot 1, Block 2, on the west side of Quaday Avenue, will directly access the public street.
No access is to be allowed to CSAH 42 and access to Quaday must align with the private
driveway on the east side of the street.
Lot Requirements. The proposed development is to be included within the B-3 District.
The B-3 District requires lots to be a minimum of one acre in area and be 200 feet wide
along the front lot line. All of the proposed lots meet these requirements (even though no
direct access to a public street is proposed).
Setbacks. The use of a private driveway for Lots 1-6, Block 1 effects application of
setback requirements. Although this is a private access, a 35 foot building setback and
15 foot parking setback should be applied in order to ensure visibility and maintain a
consistent appearance with other commercial developments. Setbacks at the perimeter
side and rear of lots within Block 1 and for Lot 1, Block 2 are as follows:
Front Side Rear Parking
Street Interior Street Interior Street Interior
65ft. 65ft. 1Oft. 65ft. 20ft. 1Oft. Sft.
The conceptual site layouts indicate that each of the lots have an adequate building
envelope within required setbacks. The concept plan and preliminary plat show a 20 foot
setback from the north line of Lot 6, whereas only 10 feet is required because this is
technically an interior side yard. The concept plan and preliminary plat should be revised
to show the correct 10 foot setback. Also, the preliminary plat shows a 35 foot setback
from Quaday Avenue, whereas 65 feet is required because Quaday is a designated
collector street.
Easements. Section 21-7-15 of the Subdivision Ordinance requires 10 foot easements
at the perimeter of all lots. These easements may be reduced to five for common side or
rear lot lines. The preliminary plat does not show these easements and they must be
included. The preliminary plat does show a 50 foot easement for the common driveway.
Utility easements must also be provided for any common sanitary sewer or water line not
within a public right-of-way.
Finally, the preliminary plat shows a 30 foot ingress/egress easement along the west line
of Lot 1 Block 2 which is used to access the single family dwelling to the north of that lot.
Consideration should be given to reorienting that driveway to Quaday Avenue and
abandoning the easement. The location of the detached garage that the driveway
accesses is oriented such that access to Quaday Avenue is feasible.
5
Utilities. The development will be served by municipal sanitary sewer and water services.
Plans for construction of these utilities are shown on the concept plan and are subject to
review and approval of the City Engineer.
The City has nearly allocated all of its available capacity from the 400,000gpd. east waste
water treatment plant. To this end, it must be noted that preliminary plat approval does not
guarantee access to sanitary sewer and water services. Available sanitary sewer capacity
will only be allocated to those projects with approved final plats and those users that have
paid a portion of the applicable SAC and WAC fees.
Grading and Drainage. The plans show a ponding area within Outlot A, which also
overlays that segment of LeFebvre Creek along the north portion of the site. However,
no grading and drainage plan has been submitted. A grading and drainage plan for the
subdivision is required to be submitted, subject to review and approval of the City
Engineer.
Park and Trail Dedication. Section 21-7-18 of the Subdivision Ordinance requires
dedication of land or a cash fee in lieu of land for development of the City's park and trail
system. The required dedication for commercial subdivisions is 10 percent of the gross
area subdivided or a cash fee in lieu of land equal to 10 percent of the pre -development
fair market value of the land being subdivided.
No parks are identified by the Parks and Trails Plan in the area of the subject site. Trails
are planned along Quaday Avenue and should be constructed with the street. As such,
park dedication should be satisfied with a cash fee in lieu of land with credit for the cost
of installing trails on Quaday Avenue. Park and trail dedication is subject to review by the
Parks Commission and approval of the City Council.
Development Contract. Upon approval of a final plat, the applicant must enter into a
development contract with the City and post required fees and securities. The City
Attorney will draft the development contract.
CONCLUSION
The proposed commercial development at the northwest quadrant of CSAH 42 and TH 101
follows the direction of the Comprehensive Plan for establishment of a secondary service
location. The request to include the entire property within the B-3 District is consistent with
the future land use guided by the Comprehensive Plan.
Technically, the proposed preliminary plat is generally consistent with the requirements
of the Zoning Ordinance and Subdivision Ordinance. Some modifications must be made
to the street layouts and intersections, as well as specification of additional plan details.
The proposed PUD -CUP to allow a private common driveway to access Block 1 is
A
appropriate given access limitations and minimum circulation needs. Based on these
considerations, our office recommends approval of the applications as outlined below:
Decision 1 -Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning portions of the subject site
from A-1 District to B-3 District based on a finding that the action is consistent with
the Comprehensive Plan.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan.
C. Motion to table the request.
Decision 2 - PUD -CUP and Preliminary Plat
A. Motion to approve a PUD -CUP and Preliminary Plat for the Quaday Addition,
subject to the following conditions:
1. Approval of a preliminary plat does not guarantee access to sanitary sewer
service capacity. Only those projects with approved final plats and executed
development contracts that include payment to receive such services shall
be allocated sanitary sewer service capacity.
2. The existing non -conforming wood building is removed with the first phase
of the development.
3. Development of each individual lot will be subject to site and building plan
review.
4. The applicant shall construct Quaday Avenue with the first phase of the
development. The design of the Quaday Avenue segment must be revised
to align with existing Quaday Avenue south of CSAH 42. Design and
construction of Quaday Avenue is subject to review and approval of the City
Engineer and Wright County.
5. Only one access will be allowed to Lot 1, Block 2 from Quaday Avenue at an
alignment with the access to Block 1. No direct access to CSAH 42 is
allowed.
6. The private driveway within Block 1 is to be designed to City commercial
street standards with sidewalks to be provided on both sides, subject to
approval of the City Engineer. The intersection of the private driveway with
CSAH 42 must be revised to be a 90 -degree angle and is subject to review
and approval of Wright County.
7
7. The concept plan and preliminary plat are revised to illustrate the correct
setback requirements, as defined by the Zoning Ordinance. Within Block 1,
buildings and off-street parking/drive aisles shall be setback from the private
driveway 35 feet and 15 feet respectively.
8. The preliminary plat is revised to show all easements required by Section
21-7-15 of the Subdivision Ordinance and all shared utility lines must be
overlaid by drainage and utility easements. All easements are subject to
review and approval of the City Engineer.
9. All utility plans are subject to review and approval of the City Engineer.
10. Grading and drainage plans as required by Section 21-6-2.0 of the
Subdivision Ordinance are submitted for review and approval of the City
Engineer.
11. Park and trail dedication shall be in the form of cash fee in lieu of land equal
to ten (10) percent of the pre -development value of the subject site. Credits
will be given for the cost of trails to be constructed along Quaday Avenue.
Park and trail dedication requirements are subject to review by the Parks
and Recreation Commission and approval of the City Council.
12. Upon approval of a final plat, the applicant shall enter into a development
contract and pay all required fees and securities, subject to review and
approval of the City Attorney.
13. Comments of other City Staff.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan, Zoning Ordinance, and/or Subdivision Ordinance.
pc. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
Wayne Fingleson
Clem and Idona Darkenwald
Michelle Carron
A
WE.I�M■PD■AU PROVDEDBY
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PREPARED OCTOBER 2001
NOTE!
THIS MAP IS FOR PLANNING
PURPOSES ONLY AND SHOULD
NOT BE USED FOR EXACT
MEASUREMENT.
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NOTES
• SURFACE DRAINAGE TO BE DESIGNED DURING FINAL PLATTING
PHASE. STORM SEVER WILL CONNECT INDIVIDUAL LOT
DRAINAGE TO ON-SITE STORM POND. POND TO BE DESICNED
TO ACCOMMODATE THE DRAINAGE REOUIREMENTS FOR THE
ENTRE SITE
• THIS PLAN ILLUSTRATES A POTENTIAL DEVELOPMENT FOR THE
PROPERTY. DETAILED INDIVIDUAL LOT CONFIGURATION WILL
BE DEVELOPED 00TH FINAL PUTTING.
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— QUADAY AvENUE NE
— — — — — — — —
HORTHM RST AS$OC1114►Ta4 CONSUkTANTS" INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Daniel Licht
RE: Otsego - Keith Vetsch Property; Comprehensive Plan Amendment
REPORT DATE: 28 August 2002 APPLICATION DATE: 14 August 2002
NAC FILE: 176.02 - 02.31 CITY FILE: 2002-30
BACKGROUND
Quest Development Inc. has submitted an application for a Comprehensive Plan
amendment to change the land use designation for 200 acres of land owned by Mr. Keith
Vetsch. The applicant is requesting that the Land Use Plan be amended to allow for low
density residential use with water and sewer utilities. No concept plan has been submitted
for a potential development of the property with residential uses in support of the
application.
The subject site is currently divided between the west sanitary sewer service district and
rural residential preserve established by the Concept Plan. Approximately 160 acres of
the property are within the west sanitary sewer service district and are guided for future
industrial land use. The remaining 40 acres of the subject site are within the rural
residential preserve and are guided for rural residential use.
The applicant made a similar request on behalf of the land owner as part of the public
hearing on the Comprehensive Plan update adopted in September 2001. This request
was not incorporated as part of the approved document.
Exhibits:
A. Site Location
B. Adopted Land Use Plan
C. Proposed Land Use Plan
D. Sanitary Sewer Service Plan
ANALYSIS
The policies of the Comprehensive Plan require that "once established, geographic land
use designations and related zoning classification shall be changed only when it can be
demonstrated that such modifications are in the best interest of the community" and that
these changes "shall occur only when they will promote land use compatibility and pre-
determined goals and policies of the Comprehensive Plan". (Policy Plan, p. 38)
A primary goal of the City's Comprehensive Plan has been the establishment of industrial
land uses to create an expanded tax base and employment opportunities within Otsego.
Access and visibility from 1-94 are considered significant assets in achieving this goal.
Development of the amount of industrial land shown on the Land Use Plan will most
certainly take longer to materialize than the residential land uses guided by the
Comprehensive Plan within the west sanitary sewer service district. However, the overall
area of the City also works as an asset in this regard allowing an opportunity to reserve
lands suitable for industrial development while at the same time meeting present market
demand for housing. As discussed during the Comprehensive Plan update process, it is
a situation many more fully developed communities likely envy. It may be suggested that
the creek and wetlands create an amenity for residential development. However, the same
holds true for an office park or business campus that would be allowed to develop under
the present industrial land use designation. Based on these considerations, the proposed
reclassification of industrial land use to residential land use is not consistent with the City's
Comprehensive Plan.
Beyond the City's broad land use goals, the request is too narrowly focused on a single
isolated parcel. The transition from the planned industrial land use to rural residential land
use is currently provided along the 80th Street corridor, which as a collector street will
create a physical barrier between the two land use types. If the land use plan were
amended to allow residential use of the subject 200 acres, it would be mostly surrounded
on three sides by industrial development (Exhibit C). Such an isolated neighborhood
creates more of a compatibility issue than that of the transition between the industrial and
rural residential areas currently planned for.
Future consideration may be given to use of the drainage creek and wetland area that
extends from the northwest portion of the Otsego 1-94 West Industrial Park to Otsego
Creek on the east side of CSAH 19 as a land use transition boundary. However, modifying
the land use plan to use the creek as a transition and replacing industrial use with low
density residential should involve reconsideration land uses beyond just the subject site
to ensure compatibility. It should also be noted that the boundary between the Northwest
Otsego Watershed and Otsego Creek Watershed crosses the subject site just south of the
80th Street corridor. This boundary generally represents the gravity flow boundary for the
west sanitary sewer service district and was used in defining the boundaries of the rural
residential preserve. This suggests that the land of the subject site north of this divide
should most likely be included in the rural residential preserve and not the west sanitary
sewer service district. The City may want to re-evaluate these land uses more
2
comprehensively in the future based upon the level of industrial development that occurs
to the south within the Phase 1 area (discussed below), potential new industrial
opportunity areas (i.e., Nabor Avenue corridor), area transportation improvements, and
available sanitary sewer service in terms of MPCA permits, actual plant capacity, and
gravity flow boundaries.
Timing of the request is also problematic beyond the specific policy questions raised by
the appliciation. The although 160 acres of the subject property is within the west sanitary
sewer service district established by the Comprehensive Plan, it is not within the Phase
1 service area established by the West Sanitary Sewer Engineering Plan. The initial
wastewater treatment plant is proposed to have a 600,000 gallon -per -day capacity. This
capacity will be sufficient to serve only 60 percent of the Phase 1 area. Although the City
guarantees capacity only to those properties that have an approved final plat and an
executed development contract, capacity to serve the subject site will be limited because
of the amount of residentially guided land within Phase 1 upon approval of the MPCA
permit.
Service to the areas west of CSAH 19 within Phase 1 is expected to develop from east to
west, gradually extending trunk sewer lines as construction occurs. The City has no plans
to install trunk lines in advance of development. Because the subject site is approximately
1-1/4 miles from the treatment plant site, no schedule for construction of these trunk lines
can be estimated.
Outside of Phase 1, the sanitary sewer system plan would serve the areas the northwest
corner of the west sanitary sewer service district, including the subject site, and the area
south of 1-94 via a trunk sewer line built within the creek way that crosses the subject
property and connects to trunk lines that are part of the Phase 1 system.
Only a request to extend this trunk line as part of a major development south of 1-94 could
likely cause the City to initiate extension of this infrastructure. Consistent with the City's
"users pay" policies, we would expect the cost of any such project would be incorporated
as part of the overall system costs and passed through via SAC and WAC fees. Other
options for the costs of such a project would also be evaluated if such a proposal
materializes. There is no immediate benefit of acquiring easements for trunk lines shown
on the City's current sewer system plan.
These factors suggest from a practical standpoint that the applicant's request is premature
CONCLUSION
City Officials must carefully consider requests to amend the Land Use Plan in
consideration of the City's long term goals and policies. Expansion of the City's tax base
and creation of employment opportunities within the community has been one of principal
goals of the Comprehensive Plan and a basis for incorporation, construction of the east
sanitary sewer and water system, and proposal such utilities in western Otsego.
c3
The lack of a development concept in support of the application hinders a complete
evaluation, but the request appears too narrowly focused to the subject site. Changing the
Land Use Plan to allow low density residential use of the subject site would create an
isolated neighborhood mostly surrounded on three sides by industrial development
creating land use compatibility issues. A more comprehensive evaluation of the lands
north of the creek and south of 806' Street may be possible in the future.
However, based upon the adopted goals and policies established by the Comprehensive
Plan, our office recommends the requested amendment be denied based on finding that
the application is inconsistent with the following policies of the Comprehensive Plan.
1. Once established, geographic land use designations and related zoning
classifications shall be changed only when it can be demonstrated that such
modifications are in the best interest of the community. Such changes shall occur
only when they will promote land use compatibility and pre -determined goals and
policies of the Comprehensive Plan. (Policy Plan, p. 38)
2. Immediate, short range market potential and demand of activities which are not
suggested for a site or area by the Comprehensive Plan or allowed by the Zoning
Ordinance shall not be the sole justification for a change in activity. (Policy Plan,
p. 38)
3. Industrial (and commercial) development shall be strongly encouraged to create
new job opportunities and expand the local tax base to assist in paying for needed
service and reduce tax impacts on housing costs. (Policy Plan, p. 49)
4. Industrial development which maximizes the return on City investments in public
facilities and service shall be promoted. (Policy Plan, p. 49)
5. Transitions between distinctly differing types of land uses shall be accomplished in
an orderly fashion which does not create a negative impact (economic, social, or
physical) on adjoining developments. (Policy Plan, p. 37)
pc. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
Larry AuBuchon
Keith Vetsch
.19
NACf.;
ON THE GREAT RIVER ROAD
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Land Use Plan
Public &
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BASE MAP DA1A PROVDED BY
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PREPARED OCTOBER 2001
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PREPARED OCTOBER 2DO1
NOTE'
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dIN$NMOl 0113311t+Ow --- -�•-- EXHIBIT D - SANITARY SEWER SYSTEM PLAN
ENGINEERING REVIEW
Hakanson Preliminary Plat
Anders
Assoc S n� for the City of Otsego
by
Hakanson Anderson Associates, Inc.
Review No. 1
Submitted to:
Mike Robertson, Administrator
cc:
Judy Hudson, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
RLK — Kuusisto, Ltd.
Clement & Idona Darkenwald Family LP
Reviewed by:
Ronald J. Wagner, PE
Shane M. Nelson, EIT
Date:
August 23, 2002
Proposed
Development:
Quaday Addition
Street Location
of Property:
Part of the NW '/ of Section 26 and the SW '/< of Section 23,
Twp 121, Range 23, Wright County.
Applicant:
Clement & Idona Darkenwald Family LP
7535 NE River Road
Elk River, MN 55330
(763) 441-3700
Owner of Record:
Clement & Idona Darkenwald Family, LP
Purpose:
Rezone from A-1 & B-3 to Commercial
Jurisdictional Agencies
(but not limited to): City of Otsego
Wright County Highway Department
MN/PCA
MN Department of Health
Permits Required
(but not limited to): NPDES
Sewer Extension — MN/PCA
Watermain Extension - MDH
MN Department of Natural Resources
City of Otsego (wetland)
Considerations:
Page 1
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INFORMATION AVAILABLE
Plan set dated 8/13/02, by RLK Kuusisto, Ltd.
Sheet 1 of 2 — Preliminary Plat
Sheet 2 of 2 — Concept Master Plan
City of Otsego Engineering Manual, 2/27/01 revision
City of Otsego Zoning and Subdivision Ordinances as revised
National Wetlands Inventory Map 1991
City of Otsego Comprehensive Plan dated September 1998
REVIEW AND COMMENTS
1. Include a key map of the site. (21-6-2.A.5)
2. Label existing zoning classifications for land abutting the site as well as within the
site. (21-6-2.B.2)
3. Verify location of existing Quaday Ave NE south of CSAH 42. Show Quaday Ave NE
Right -of -Way. (21-6-2.B.4) .
4. Show existing utilities to the south of CSAH 42. Include invert elevations for all
existing sanitary sewer manholes. Label existing sanitary sewer and watermain with
sizes. (21-6-2.B.5)
5. Adjoining subdivided and unsubdivided land shall be identified by name and
ownership. (21-6-2.B.6)
6. Call out 100 -year flood elevations. (21-6-2.B.9) The 100 -year flood elevation will be
that of the adjacent Mississippi River.
7. Street intersection jogs with centerline offsets of less than 200' are prohibited. (21-7-
7.E) Centerline of Quaday Ave NE north of CSAH 42 shall be in-line with Quaday
Ave NE south of CSAH 42.
8. Show proposed centerline elevations, gradients, and proposed typical cross-sections.
(21-6-2.C.1) The parking lot and road shall not be more than 2' in elevation below
the 100 -year flood elevation.
9. Call out proposed building elevations. (21-6-2.C.10) Elevations must be at least 1.5'
above the 100 -year flood elevation.
Page 2
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10. Streets shall be designed for a 30 mph design speed. Minimum horizontal curvature
is 250' radius. (21-7-7.G)
11. The intersection of Quaday Ave NE and CSAH 42 shall be rounded by a minimum
radius of 50'.-
12. The ROW shall be rounded parallel to the curb at street intersections to allow for
utility installations behind the curb within the Right -of -Way.
13. The private street width is subject to approval from City staff (there currently is no
private commercial streets within the City of Otsego).
14. Drainage easements covering Lefebvre Creek (see attached easement exhibit), any
wetlands, and the proposed pond shall be provided.
15. Verify existing 50' wide permanent utility easement is shown correctly (see attached
easement exhibit).
OTHER CONSIDERATIONS
1. A statement certifying the environmental condition of the site is required.
2. Submit a wetland delineation report for review.
Page 3
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ITEM 3.4.
"Olkir"Witsi' ASSOCIA-fab Ca"auum"irs" INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht
DATE: 29 August 2002
RE: Otsego - Zoning Ordinance Update; Additional information
NAC FILE: 176.20
BACKGROUND
A number of modifications are necessary to the Zoning Ordinance to implement the
policies and plans outlined in the updated Comprehensive Plan, adopted earlier this year.
There are also a number of housekeeping issues with the Zoning Ordinance that are
typically held over until they can be piggy -backed as part of another amendment.
The Planning Commission discussed these proposed amendments and requested certain
modifications or additional information. New text added to those amendments already
reviewed is highlighted by bold -italic text. Three other issues have come up since the
Planning Commission's initial discussion. These are changes to the floodplain overlay
district requested by the DNR, provisions dealing with temporary structures for
automobiles, and setbacks for freestanding signs.
ANALYSIS
Voting Requirements. The Legislature passed a change in 2001 requiring that cities
adopt zoning ordinance amendments for residential uses by simple majority. The purpose
of the legislation is to prevent zoning decisions from being used as a discrimination tactic.
The Statute allows that zoning amendments for commercial or industrial uses may remain
a super majority vote. Based upon the requirements of the Statute, the following
amendment is required:
20-3-2.N Approval of a proposed amendment shall require passage by a feur44W
�'FTZI 87 vote or the entire 6ty Getineff a majority vote of the City Council
Approval of a proposed Zoning Map amendment which changes all or part
of the existing classification of a zoning district from agriculture or residential
to business industrial or Dlanned unit development that allows for
commercial or industrial uses shall require a four -fifth's (4/51s) vote of the
City Council.
Otsego also requires a super -majority vote by the City Council for approval of conditional
use permits (CUPs), which is not required by Statute. In that most rezonings will now only
require a simple majority, consideration should be given to making CUPs approved by the
same requirements. The basis for the change would be that rezonings are policy
decisions that effect the direction of the community. A decision on a CUP is supposed to
be a judicial decision based upon conformance with established performance standards
and criteria. It does not seem logical to require a more restrictive voting requirement for
a what is to be a fairly black and white decision. As such, the following language may be
considered:
20-4-2.N Approval of a request shall require passage by €ems
(4/5's) a majority vote of the entire City Council.
Wetland Buffer. The Minnesota Pollution Control Agency has adopted new guidelines
for storm water pollution' related to new urban development. As part of the City's current
permit application for the west waste water treatment plant, the MPCA will require the City
to incorporate additional protections for wetlands. The new requirements provide a
minimum 20 foot "no disturb zone" around all wetlands and a 40 foot building setback.
Language required by the MPCA is as follows
20-16-9.E WETLANDS:ln addition to the requirements of Section 93 of
this Chapter, the following shall be the minimum protection for
natural wetlands.
1. Runoff must not be discharged directly into wetlands
without appropriate quality and quantity runoff control,
depending on the individual wetland's vegetation
sensitivity, subject to approval of the City Engineer.
2. Wetlands must not be drained or filled, wholly or
partially, unless replaced by either restoring or creating
wetland areas of at least equal public value.
Compensating for the impact by replacing or providing
substitute wetland resources or environments with
those of at least equal public value. Compensation,
including the replacement ratio and quality of
2
replacement should be consistent with the requirements
outlined in the rules adopted by the Board of Water and
Soil Resources to implement the Wetland Conservation
Act of 1991, as may be amended.
3. Work in and around wetlands must be guided by the
following principles in descending order of priority:
a. Avoid both the direct and indirect impact of the
activity that may destroy or diminish the wetland.
b. Minimize the impact by limiting the degree or
magnitude of the wetland related activity and its
implementation.
C. Rectify the impact by repairing, rehabilitating, or
restoring the affected wetland environment with
one of at least equal public value.
d. Reduce or eliminate the adverse impact over
time by preservation and maintenance
operations during the life of the activity.
e. Compensate for the impact by replacing or
providing approved substitute wetland resources
or environments.
4. Vegetated Buffer Protection.
a. A protective buffer of natural vegetation at least
twenty (20) feet wide from the delineated edge at
the time of development shall surround all
wetlands within parcels preliminary platted,
developed, or redeveloped after
The City Engineer may require a larger buffer
than the minimum based upon site specific
design issues. The design criteria should follow
common principles and the example of nearby
natural areas. The site should be examined for
existing buffer zones and mimic the slope
structure and vegetation as much as possible.
b. A principal building setback of forty (40) feet
from the delineated edge of all wetlands or
twenty (20) feet from the edge of a buffer
3
easement, whichever is greater, shall be
provided within parcels preliminary platted,
developed, or redeveloped after
C. Grading, construction, or vegetation
alteration/disturbance within this buffer is
prohibited. Buffer design and protection during
construction shall accomplish any or all of the
following:
1. Slow water runoff.
2. Enhance water infiltration.
3. Trap sediment, fertilizers, pathogens,
heavy metals, blowing snow and soil, and
act as corridors for wildlife.
4. Drain tiles shall be identified and
rendered inoperable.
d. The buffer shall be overlaid by a perpetual
conservation easement and maintained by the
property owner and marked by permanent signs
to prevent encroachment.
5. Created wetlands as part of the development
process or ponding areas established for
stormwater drainage purposes are exempt from the
provisions of this section.
Residential Bufferyards. The new subdivisions within the east sanitary sewer service
district have lots with rear and side yards that abut collector or minor arterial streets. In
order to minimize the impact of the roadways to the adjacent residential uses, as well as
improve the streetscape, the City may consider requiring installation of a bufferyard. A
bufferyard would consist of a 10 foot deep area measured from the side lot line of a corner
lot or rear lot line abutting a collector street where the developer would have to provide
screening either with vegetation, berming, fencing or a combination as part of the
subdivision process. The bufferyard would be overlaid by a drainage and utility easement
to ensure that it is not disturbed. Because these requirements would be applied only to
residential subdivisions abutting collector or arterial streets, the 65 foot setback
requirement from the public right-of-way insures that the lot has adequate depth and that
the bufferyard is not obtrusive.
12
20-16-7.D Residential Bufferyards.
1. Double frontage lots or corner lots abutting a collector or
arterial street platted after shall have an
additional ten (10) feet of depth or width to be overlaid with a
drainage and utility easement in order to allow space for
screening along the lot line abutting such street rights-of-way.
2. Plan Required. For all applicable subdivisions, a landscape
plan shall be submitted. The plan shall identify all proposed
buffer screening including plantings, berms, and fences. The
development contract shall include a security for the cost of
materials and installation of the approved plan.
3. Design Standards.
a. Plantings: All designated buffer yards must be seeded
or sodded except in areas of steep slopes where
natural vegetation is acceptable as approved by the
City Engineer. All plantings within designated buffer
yards shall adhere to the following:
1. Plant material centers shall not be located closer
than three (3) feet from the fence line or property
line, and shall not conflict with public plantings,
sidewalks, trails, etc.
2. Landscape screen plant material shall be
planted in two (2) or more rows. Plantings shall
be staggered in rows unless otherwise approved
by the Zoning Administrator.
3. Deciduous shrubs shall not be planted more
than four (4) feet on center, and/or evergreen
shrubs shall not be planted more than three (3)
feet on center.
4. Deciduous trees intended for screening shall be
planted not more than forty (40) feet apart.
Evergreen trees intended for screening shall be
planted not more than fifteen (15) feet apart.
5
b. Earth Berms.-
Except
erms:
Except in areas of steep slopes or where other
topographic features will not permit, as
determined by the City Engineer, an earth berm
at least four (4) feet in height shall be installed in
all designated buffer yards.
2. Earth berms shall not exceed a three to one
(3:1) slope unless approved by the City
Engineer.
3. Shall contain no less than four (4) inches of
topsoil.
d. Landscaping and fences shall maintain the traffic visibility
requirements of Section 20-16-8 of this Chapter.
4. Installation. All buffer plantings, berms, and fences shall be
installed or planted prior to release of the security required as
part of the development contract.
5. Maintenance.
a. Maintenance of the buffer strip planting shall be the
responsibility of the individual property owners or, if
applicable, the homeowners' association.
b. Replacement of landscape materials or plantings in a
buffer yard area shall be consistent with the original
screen design.
C. All repair or plant replacement shall be done within forty
five (45) days of written notification from the City.
Fences in the rear of side yards of double frontage or corner lots abutting a collector street
has also become an issue. The City has received numerous inquiries regarding
installation of a privacy fence in the rear yards or side yards abutting Page Avenue and
78th Street. Section 20-16-6.J.5 of the Zoning Ordinance limits fences installed within the
required setback of a public street to 42 inches in height and 75 percent open space. The
purpose of these requirements is two -fold; traffic visibility and aesthetic open space along
the front of lots. To address the situation of double frontage lots or corner lots abutting
collector or arterial streets, the following language is offered:
C:9
5. Required Front Yards and Side Yards of Corner Lots:
a. Fences extending across required front yards or a required
side yard which that abuts a street on a corner lot shall not
exceed forty-eight (48) inches in height and
shall be at least seventy-five (75) percent open space for the
passage of air and light, amd shall the traffie
ts of Seetiem 2E) 16 8 of this except as
provided for by Section 20-16-6 J 5 b of this Chapter.
b. A fence with a height greater than forty-eight (48) inches
and/or less than seventy-five (75) percent open space may be
constructed within the required rear yards and side yard of a
corner lot abutting collector or arterial street by administrative
permit, provided that:
1. The fence does not exceed six (6) feet in height
2. The fence is setback ten (10) feet from the lot line
abutting a collector or arterial street right-of-way.
3. For interior lots a gate or other opening is to be
provided in the fence to allow for maintenance o_f
the street side boulevard.
4. The fence along a side lot line abutting a collector or
arterial street right-of-way shall not extend closer to the
front lot line than a point intersecting the rear line of the
principal building_
4. On lots where no bufferyard has been established
pursuant to Section 20-16-7.D of this Chapter.atfeesf
the vard on the street side of the
fence shall be grass and landscaped with plant
materials that will grow to the height of the fence
L. All fences located within any required yard abutting a public
naht-of-wav shall maintain the traffic visibility requirements of
Section 20-16-8 of this Chapter.
Secondary Farm Dwellings. Section 20-25-5 allows for temporary accessory dwelling
units to be located on farms as an interim use. These provisions were carried over from
the Wright County Zoning Ordinance and are intended to allow for multiple generations
of a family to live and work on a family farm. Allowance of these uses ultimately becomes
a long-term enforcement issue to have the temporary mobile home unit removed. The
rl
changing character of agriculture, increased density allowances, and development
pressure in the City all signal a lack of need for such provisions. As such it is
recommended that these provisions be deleted from the Zoning Ordinance. All legally
existing uses that remain in the City are allowed to continue under their present
circumstances as non -conforming uses.
Keeping of Horses. Keeping of horses in the A-2 District currently requires a conditional
use permit per Section 20-26-4.B. In that such CUP requests have been routinely
processed without controversy, we are recommending that keeping of horses in the A-2
District be allowed by administrative permit. This same section also allows keeping of
horses in the R -C District by CUP. But, given the different character intended to develop
within the R -C District, it is recommended that the keeping of horses in this District remain
a conditional use.
B. The keeping and maintaining of farm animals, including livestock and
horses, shall be allowed by administrative permit in
the A-2 District and by conditional use permit in the R -C Zoning
Districts, provided.-
1.
rovided:
1. The applicable provisions of Section 20-4-2.F or 20-8-2.D of
this Chapter are considered and determined to be satisfied.
2. The minimum lot size upon which animals are to be located
shall be two and one-half (2'/) acres.
3. Farm animals may not be confined in a pen, feedlot, or
building within two hundred (200) feet of any R-+ Residential
District established by Section 50 of this Chapter property line
not owned or leased by the operator.
4. The keeping and care of animals is provided as regulated by
the City Code.
5. The density per acre of farm animals specifically allowed must
not exceed the maximum densities, as specified below, unless
permitted by conditional use permit:
Animals Number/Acre
a. Cattle, horses mules, donkeys 1
b. Goats, sheep 5
C. Swine 10
d. Turkeys, ducks, geese 25
e. Chickens, rabbits, guinea
pigs, hamsters, pigeons 50
0
6. A shelter or stabling facility shall provide a minimum of one
hundred (100) square feet per acre of enclosed area per
animal, or fractions thereof, as based upon the number of
animals per acre listed above (example: 100 square feet
divided by five goats/acre = 20 square feet of enclosed area
per goat).
Feedlot Regulations. The 2002 Comprehensive Plan update eliminated the Agriculture
Preserve and reduced the area of the rural service area. The location of the three
registered feedlots within the City are all now within the Urban Service Area Reserve. In
order to allow them to continue under the policies established by the 1998 Comprehensive
Plan and reiterated as part of the updated document, a number of reference changes are
required. Please note that no additional feedlots may register.
20-27-2: ALLOWED FEEDLOTS:
- nl. li N I f,
-;
84. Except as provided for by Section 20-27-2. B, existing feedlots
may continue operations as legal nonconforming uses as set
forth in Section 15 of this Chapter, and as long as they do not
constitute a potential pollution hazard. Such feedlots may only
continue on the condition that they obtain approval from
MPCA, if necessary.
-a1. Interpretation of Section 15: It is understood that by its
nature the raising of animals and farming creates a
situation where there are seasonal, natural, fluctuations
in the number of animals within a facility. It is also
understood that to remain viable, a farming operation
must have a reasonable ability to limited expansion.
Due to these peculiar circumstances, and only for
purposes of this Section, the phrase "enlarged"
contained in Section 15 of this Ordinance shall be
construed as an enlargement of a legally established
pre-existing use in the following circumstances:
In a case where a new structure is constructed
or is proposed for construction for the purpose of
housing additional animals.
9
In a case where a lagoon or earthen basin
associated with an increase in animal units is
constructed or proposed for construction.
{3)e. In a case where an existing animal feedlot is not
in compliance with the terms and conditions of
an MPCA permit or interim permit.
{4}d. In the case where additional animal units place
the facility in violation of current City ordinances
regarding the care of animals.
(fie. Any increase of the total number of animal units
in an existing animal feedlot which raises the
cumulative total of animal units above twice the
number present upon the facility at the date of
adoption of this Ordinance.
Any construction, outside of normal
maintenance, which has the effect of increasing
the size of a building used for the purposes of
housing animals which is done without the
conditional use permit required by this section.
--��g✓ Absent any ongoing violations of other City
ordinances.
B. Rural Serre�Registered Feedlots: Those
feedlots registered with the City by October 1, 2000
presently existing within the RuFal SeMee—Ams,
designated by the GOMPFehensive Plan, may continue
operations and be allowed limited expansion
opportunities as provided for in this section, subject to
the following:
1. Registration: All existing feedlots shall be
registered with the City by October 1, 2000 by
administrative permit, subject to the procedures
set forth in and regulated by Section 8 of this
Chapter.
a. An application for an administrative
permit to register an existing feedlot shall
include the following information:
10
(1) Owners and operator's name and
address.
(2) Location of the animal feedlot
including quarter, section, range
and township.
(3) Animal types and existing number
of animals of each type confined at
the feedlot and maximum number
of animal units allowed in
conformance with MPCA permits
and guidelines.
(4) A scale drawing clearly indicating
the dimensions of the feedlot and
showing all existing homes,
buildings, existing manure storage
areas and/or structures, lakes,
ponds, water courses, known
wetlands, dry runs, rock
outcroppings, roads and wells
within one thousand (1,000) feet of
the feedlot.
(5) Plans for buildings and structures
as required by this Ordinance
and/or other County and State
ordinances and regulations.
(6) A manure and waste management
plan as required by the MPCA.
(7) Leases or agreements allowing
disposal of manure on land other
than that of the feedlot
owner/operator. No land may be
subject to more than one (1) such
lease or agreement.
(8) Documentation of compliance with
all MPCA rules and regulations
and approval of MPCA permits, as
may be applicable.
11
(9) Information identified in Section
20-8-3 of this Chapter, as may be
applicable.
b. Amended Registration: An amendment
to a registration may be applied for and
shall be administered in a manner similar
to a new registration application.
Amended registration shall be required
for any of the following:
(1) Ownership of an existing feedlot is
changed, including but not limited
to the following:
(a) A change in ownership of
buildings and/or land.
(b) A lease for the use of
buildings and/or land is
entered into, modified or
terminated.
(2) There is a substantial change in
operation of the feedlot.
(a) The number of animal units
is increased two hundred
(200) percent above the
number of animal units
existing at the feedlot on
the date of registration.
(b) Construction of new
buildings or expansion of
existing buildings capable
of housing animals.
(c) Any change in the
operation of a feedlot that
would affect the storage,
handling, utilization or
disposal of manure.
12
C. Termination. Registration of an existing
feedlot shall be valid indefinitely provided
that the operation is in full compliance
with the provisions of this Chapter and
County and/or State regulations, as may
be applicable. The owner of a feedlot
may terminate an approved registration at
any time by submitting a written request
to the Zoning Administrator. Once
terminated by a feedlot owner,
registration shall be permanently forfeited
and not be re-established under any
circumstances. Any feedlot for which
registration was terminated may continue
operations as a legal non -conforming use
as outlined in Section 20-27-2.A.1 of this
Section.
d. Any feedlot not registered with the Zoning
Administrator by October 1, 2000 may
continue operations as a legal non-
conforming use as outlined in Section 20-
27-2.A.+ of this section.
20-27-4: EXPANSION OF ANIMAL UNITS: An existing feedlot -in -the
RUFS' Serviee Area, as defined by the Gamprehensive4Nan,
whieh that is registered pursuant to Section 20-27-2.13 may be
allowed to increase the number of animal units, subject to the
following:
20-27-5.A Construction of new buildings or expansion of existing
buildings for the purpose of housing farm animals is allowed
for existing feedlots in , as defirred-by
the GempFehenslve Plan, whieh that are registered per Section
20-27-2.B provided that:
20-27-5B. Construction of new buildings or expansion of existing
buildings for the purpose of housing farm animals for existing
feedlots in that are not registered in
accordance with Section 20-27-2.6 and existing feedlots in -the
Urban Gentice-AFee shall be subject to the provisions of 20-27-
5.A above and require approval of a conditional use permit.
13
Development Signs. Section 20-37-5.13.3 of the Zoning Ordinance outlines standards for
real estate development signs for temporary identification of a new subdivision. Under
these provisions, a sign not to exceed 64 square feet may be located on the project site
by administrative permit. In conjunction with development that has occurred within the
East Sanitary Sewer Service District, a number of directional signs for new developments
have been erected off of the project site along TH 101. These signs require a conditional
use permit, which has not been processed. If such signs are to be allowed, specific
accommodation for them should be outlined in the Zoning Ordinance by administrative
permit. Although this is a policy issue for City Officials, the City's prohibition on off -
premises signs should be used as a guide on this issue.
3. Real Estate Development Project Signs. Signs involving temporary
identification of a new subdivision or development laested- upon -tete
prejeet-site.
a. Each subdivision or development shall be allowed the
following temporary signs by administrative permit:
(1) One (1) sign located on the project site not to exceed
sixty-four (64) square feet in surface area and a
maximum height of fifteen (15) feet, except signs
abutting principal arterial streets which may not exceed
one hundred (100) square feet in surface area and
fifteen (15) feet in height.
(2) One (1) sign located off -premises for directional
purposes signs as authefized by Section 20 37 5.13.4 -of
this Seetienr may be allowed for each arterial street
approach to the property which may not exceed sixes
four (64) square feet and a maximum height of 15 feet
Not more than one (1) directional sign may be erected
on a single parcel.
b. The permit shall be renewable annually and conditioned upon
documentation allowing such sign or structure by the property
owner upon which it is to be located, and a vacancy rate of the
subdivision greater than ten (10) percent.
c. A security as determined by the Zoning Administrator
shall be provided to ensure compliance with this Section
and removal of the sign at such time as the number of
vacant lots within the subdivision is less than ten (10)
percent of the total number of lots
14
d. Signs shall be setback not less than twenty (20) feet from any
property line
e. Signs may be illuminated provided that the light source is
downcast and shielded to prevent glare onto adjacent
properties or the public right -of -waw
A-1 District Lots. The Comprehensive Plan outlines changes to the A-1 District intended
to maintain large rural parcels, specifically directing a 20 -acre minimum lot size. Division
of more than one parcel or lots under the density allowances provided for by the
Comprehensive Plan would be accomplished either under the A-2 District or R -C District
as may be applicable. To avoid creating non -conforming lots, the new larger minimum lot
size would be applicable to lots created after the effective date of the Ordinance:
20-51-6.A Lot Area Requirements:
Lots of Record and
Preliminary Platted Lots
Established Prior
To
Lots of Record
After
1.
Minimum Lot area:
1 acre
20 acres
2.
Maximum Lot area:
2.5 acres
None
3.
Minimum Lot width:
150 feet
450 feet
4.
Minimum Lot Depth:
150 feet
None
20-51-8. QUARTER -QUARTER RESIDENTIAL DIVISIONS: In a
complete quarter -quarter section which contains no dwellings,
one parcel may be subdivided, "the division" to be used as a
residential site provided that:
A.
(150) feet of Gity read/street The division
shall conform to all the lot area density and setback
requirements of Section 20-51-6 of this Chapter.
15
BB. A deed restriction shall be placed upon parcels that
have exercised development rights to prohibit additional
subdivision, unless it is rezoned.
CE. The initial quarter -quarter section is under common
ownership.
DF. The division is processed in accordance with the City's
Subdivision Ordinance.
E6. The site is capable of accommodating a private well
and septic system.
Section 20-51-55 within the A-1 District establishes a conditional use permit for lot sizes
larger than 2.5 acres. With the establishment of a new 20 acre minimum lot size, these
provisions are applicable only to existing lots of record. As such the following
modifications must be made:
F. Residential lot sizes larger than two and one-half (2-1/2) acres as -par#
for lots of record and
preliminary platted lots established prior to , provided that:
1. All other applicable provisions of Section 20-51-8.A of this
Chapter are met.
2. The lot expansion is the result of:
a. Existing buildings occupying an area larger than the lot
size minimum.
b. The land involved in the subdivision is non -tillable and
marginal for use in agricultural production.
3. In no case shall the lot area exceed ten (10) acres.
4. The provisions of Section 20-4-2.F of this Chapter are
considered and satisfactorily met.
A-2 District Lots. The Comprehensive Plan also directed changes to the A-2 District to
transform it into more of a rural transition district as an interim use in advance of future
urban service delivery. Specifically the Comprehensive Plan calls for establishment of a
20 acre minimum lot size. Lot sizes smaller than 20 acres would be allowed as a
conditional use with requirements for clustered subdivision designs and resubdivision
plans. Areas within the Rural Service Area would also be allowed greater flexibility for
16
subdivision design under the R -C District standards. Language to be incorporated as part
of the A-2 District is as follows:
20-52-6.A Lot Area Requirements:
1. Minimum Lot area:
2. Minimum Lot width
Lots of Record and
Preliminary Platted Lots
Established Prior
To
1 acre
150 feet
Lots of Record
After
20 acres
450 feet
3. Minimum Lot Depth: 150 feet None
20-52-5.H Residential lot sizes less than 20 acres in area for lots
established after , provided that:
1. All other applicable requirements of Section 20-52-6 of
this Chapter are complied with.
2. A concept plan utilizing all development rights allowed
by Section 20-52-6. B of this Chapter is submitted and
recorded with the subdivision.
3. Lots are to be clustered and the overall subdivision
designed in such a manner so as to provide for logical
future street and utility extensions.
3. No lot shall be less than one (1) acre in size.
4. The maximum lot size for clustered lots in the Urban
Service Reserve Area shall be two and one-half (2.5)
acres except if one of the following conditions is met:
a. Topography, soils, wetlands, or other natural
features dictate a larger minimum lot area.
b. The location of existing buildings cannot be fully
accommodated in compliance with applicable
setback requirements of Section 20-52-6.0 of
this Chapter.
17
C. One (1) development right as allowed by Section
20-52-6.6 of this Chapter is used for a dwelling
located on the parent parcel outside of the
residential cluster.
5. A resubdivision plan for future division of each lot with
availability of municipal sanitary sewer service is
submitted and recorded on the deed for each lot.
Principal and accessory buildings shall be located on
each lot in conformance with all present and future
setback requirements based on the resubdivision plan.
6. A deed restriction is placed on the parcel exercising
development rights and all subdivided lots to prohibit
additional subdivision unless it conforms to applicable
zoning district requirements.
7. Each lot is capable of accommodating a private well
and septic system.
8. The provisions of Section 20-4-2.F of this Chapter are
considered and satisfactorily met.
Accessory Buildings. The changes made to the Comprehensive Plan have effected
accessory building allowances in Section 20-16-4 of the Zoning Ordinance for the areas
outside of the two sanitary sewer service district. The areas generally between Nashua
Avenue and CSAH 19 were previously in the Rural Service Area, which meant that single
family uses would be allowed pole building construction and accessory building sizes
ranging up to 6,000 square feet depending on lot size. This area is now included in the
Urban Service Reserve Area, where total accessory building size may not exceed 2,000
square feet and pole buildings are prohibited. The table and map attached as Exhibit A
illustrates these provisions. The Planning Commission should provide direction as to
whether the accessory building provisions should be revised in consideration of the
changes to the Comprehensive Plan.
Side Yard Setbacks. The basic design of the City's unsewered lot is one acre in area and
a minimum width of 150 feet. The City's urban single family district is 12,000 square feet
in area with a 75 foot minimum width. Side setbacks applicable within these districts are
as follows:
A-1, Agriculture Rural Service Area: 30 feet
A-2, Agriculture Long Range Urban Service: 30 feet
R -C, Residential Rural Open Space Cluster: 15 feet
M]
R-1, Residential - Long Range Urban Service (River Frontage): 20 feet
R-2, Residential - Long Range Urban Service (Large Lot): 20 feet
R-3, Residential - Long Range Urban Service (General): 10 feet
R-4, Residential - Urban Single Family: 10 feet
WS, Wild Scenic Recreational River District: 30 feet
The Side Yard setbacks applied to 150 foot wide lots in all of the above districts except the
R-3 District make resubdivision into two 75 foot wide lots difficult because of the necessary
location of the principal dwelling. In the case of a lot in the A-1 District, a principal dwelling
setback 30 feet from a side lot line will only leave a building envelope 35 feet wide if the
original 150 foot wide lot is divided in half with a 10 foot setback from the new side lot line:
150'
Divided
A-1 District Lot
Future
j_side lot
line '
1 �
� 1
1 �
a I 1
I '
I � I
•
I '
I � �
1 •
I � 1
75'
In that the side yard setback requirements in the unsewered districts make future
resubdivision of such lots difficult, they are inconsistent with the City's long range policies.
As such, it is recommended that all side yard setbacks be established at 10 feet, except
for the R -C District. Lots in the R -C District have a minimum width of 100 feet and the 15
foot side yard setbacks serve to maintain viewsheds between dwellings. City staff has
already discussed this change with DNR staff relative to the Wild and Scenic District and
received preliminary approval. In addition to allowing for future resubdivision, changing
the side yard setbacks as proposed may also allow additional opportunities for in-place
expansions.
Auto Sales Lots. Growing populations in the area coupled with available land and
exposure to major roadway corridors may make the City attractive to auto sales lots.
These uses present a unique concern for the City because the large open sales lots
represent a minimal investment in property improvements within prime commercial areas
and may under utilize sanitary sewer and water infrastructure. Such uses also present
concerns related to traffic, noise, signs, lights, etc. As such, it is recommended that the
19
City develop specific standards applicable to auto sales lots in advance of any
development request. Given the auto and highway oriented nature of the use, we are
recommending that auto sales lots be established as a conditional use within the City's B-2
Highway Business District. No areas within the City are currently zoned B-2 District,
meaning any development proposal would be subject to a rezoning application.
H. Motor vehicle sales, leasing, and rental including new and used
automobiles, light trucks, recreational vehicles and equipment,
motorcycles, boats and marine equipment, provided that:
1. An enclosed building that complies with the following
standards shall be constructed:
Lot Size
Minimum
Lot Coverage by
Buildings'
Minimum
Building
Size'
Less than 2.00 ac.
10%
2,500 st
2.01 ac. to 4.00 ac.
10%
10,000 sf.
4.01 ac. and larger
20%
40,000 sf.
1 Whichever results in a larger building.
2. The architectural appearance and functional plan of the
building and site shall not be so dissimilar to the existing
buildings or area so as to constitute a blighting influence.
3. The outdoor sales lot shall be surfaced with bituminous or
concrete material and surrounded by perimeter concrete curb.
4. The use shall be fenced or screened from view of adjacent
Residential Districts in compliance with Section 16 of this
Chapter.
5. The lot shall have frontage, if not direct access, to a collector
or arterial street as designated by the Comprehensive Plan.
Vehicular access points shall create a minimum of conflict with
through traffic movement and shall comply with Section 21 of
this Chapter, subject to approval of the City Engineer.
6. Off-street parking and loading areas shall be provided in
conformance with Section 21 and 22 of this Chapter exclusive
of areas used for outdoor sales.
s:�
7. Site lighting shall be accomplished in such a way as to have
no direct source of light visible from adjacent land in
residential use or from the public right-of-way and the location,
type, and illumination field of all site lighting shall comply with
Section 16 of this Chapter.
8. The number, size, and location of all signs and visual
communication shall comply with Section 37 of this Chapter.
9. Accessory major or minor auto repair or car washing shall be
allowed provided that all activities occur within an enclosed
building.
10. Accessory outdoor storage shall be limited to vehicles being
serviced which shall be fully screened from view of adjacent
properties and the public right-of-way in compliance with
Section 16 of this Chapter.
11. Hours of operation shall be limited to 9:00 AM to 10:00 PM
unless otherwise approved by the City Council.
12. The provisions of Section 20-4-2.F of this Chapter are
considered and determined to be satisfied.
Exterior Lighting. Regulations pertaining to exterior lighting are outlined in Section 20-
16-10 of the Zoning Ordinance. These regulations basically establish that fixtures must
be hooded and directed so as not to light adjacent residential uses or the public right-of-
way. Attention has been given recently to more defined standards of exterior lighting, not
only to minimize impacts to adjacent properties, but also minimize horizontal glare and
skyward directed light. The goal of such standards is to maintain a "dark" night
environment, which is also consistent with the City's goals to maintain a rural character.
20-16-10 Exterior Lighting:
A. Purpose: It is the purpose of this section to encourage
the use of lighting systems that will reduce light
pollution and promote energy conservation while
increasing night time safety, utility, security and
productivity.
B. Exemptions. The provisions of this section shall not
apply to the following:
21
1. Temporary outdoor lighting used during
customary holiday seasons.
2. Temporary outdoor lighting used for civic
celebrations and promotions.
3. Lighting required by a government agency for
the safe operation of airplanes, or security
lighting required on government buildings or
structures.
4. Emergency lighting by police, fire, and rescue
authorities.
5. Architectural/historical light fixtures that feature
globes that are not shielded. In no case shall
the light affect adjacent property in excess of the
maximum intensity defined in Section 20-16-10-
C.1.
6. All outdoor lighting fixtures existing and legally
installed prior to are exempt from
regulations of this Section but shall comply with
the previous standards for glare as follows:
a. Any lighting used to illuminate an off-
street parking area, sign or other
structure, shall be arranged as to deflect
light away from any adjoining residential
zone or from the public streets. Direct or
sky -reflected glare, where from flood
lights or from high temperature processes
such as combustion or welding shall not
be directed into any adjoining property.
The source of lights shall be hooded or
controlled in some manner so as not to
light adjacent property. Bare
incandescent light bulbs shall not be
permitted in view of adjacent property or
public right-of-way. Any light or
combination of lights which cast light on a
public street shall not exceed one (1) foot
candle (meter reading) as measured from
the center line of said street. Any light or
combination of lights which cast light on
22
residential property shall not exceed four -
tenths (.4) foot candles (meter reading)
as measured from said property.
b. Replacement. Whenever a light fixture
that was existing on is
replaced by a new outdoor light fixture,
the provisions of this section shall be
complied with.
C. Performance Standards.
1. Intensity. No light source or combination thereof
which cast light on a public street shall exceed
one (1) foot candle meter reading as measured
from the centerline of said street nor shall any
light source or combination thereof which cast
light on adjacent property exceed four -tenths
(0.4) foot candles as measured at the property
line.
2. Agriculture or Residential District Standards. In
all agriculture or residential districts, any lighting
used to illuminate an off-street parking area,
structure, or area shall be arranged as to deflect
light away from any adjoining residential
property or from any public right-of-way in
accordance with the following provisions:
a. The light source shall be hooded or
controlled so as not to light adjacent
property in excess of the maximum
intensity defined in Section 20-16-10.C.1.
b. Bare light bulbs shall not be permitted in
view of adjacent property or public right-
of-way, unless part of a permanent
fixture.
3. Institutional, Business, and Industrial Districts.
Any lighting used to illuminate an off-street
parking area, structure, or area shall be
arranged so as to deflect light away from any
adjoining property or from any public right-of-
way in accordance with the following provisions.-
23
rovisions:
23
a. Shielding. The light fixture shall contain
a cutoff which directs the light at an angle
of ninety (90) degrees or less. Exposure
of the light source shall not be permitted
in view of adjacent property or public
right-of-way.
b. Lighting of entire facades or architectural
features of a building shall be approved
by the City Council. Building facades or
architectural features may not be
internally illuminated and shall only utilize
illuminating devices mounted on top and
facing downward onto the structure. In
no case shall the light affect adjacent
property in excess of the maximum
intensity defined in Section 20-16-10-C.1.
b. Intensity. Light sources shall not be
permitted so as to light adjacent property
in excess of the maximum intensity
defined in Section 20-16-10.C.1 of this
Chapter.
4. Height. The maximum height above the ground
grade permitted for poles, fixtures, and light
sources mounted on a pole is twenty-five (25)
feet. A light source mounted on a building shall
not exceed the height of the building.
Exceptions to the height limits for light sources
may be approved by conditional use permit
provided that all other requirements of this
Section are complied with.
5. Location.
a. All outdoor light fixtures shall be setback
a minimum of ten (10) feet from a street
right-of-way and five (5) feet from an
interior side or rear lot line.
b. No light sources shall be located on the
roof unless said light enhances the
architectural features of the building and
is approved by the City Council.
24
6. Hours.
a. The use of outdoor lighting for parking
lots serving institutional, commercial, and
industrial uses shall be turned off one (1)
hour after closing, except for approved
security lighting.
b. All illuminated business identification
signs shall be turned off between 11:00
PM and sunrise, except that said signs
may be illuminated while the business
facility on the premise is open for service.
7. Glare. Direct or reflected glare from high
temperature processes such as combustion or
welding shall not be visible from any adjoining
property.
8. Outdoor Recreation. Outdoor recreational uses
such as, but not limited to, baseball fields,
football fields, tennis courts and snow skiing
areas have special requirements for night time
lighting. Due to these unique circumstances, a
conditional use permit shall be required for
outdoor lighting systems for such uses that do
not comply regulations of this section, provided
that:
a. No public or private outdoor recreation
facility shall be illuminated after 11:00
PM.
b. Off-street parking areas for outdoor
recreation uses that are illuminated shall
meet the requirements for institutional,
commercial, and industrial applications as
found in Section 20-16-10.C.3 of this
Chapter.
C. The provisions of Section 20-4-2.F of this
Chapter are considered and satisfactorily
met.
25
9. Outdoor Signs. Outdoor signs constructed of
translucent materials and wholly illuminated from
within do not require shielding. Signs not
exclusively illuminated internally may only utilize
illuminating devices mounted on top and facing
downward of the display structure. All shall
comply with all other provisions of this
Ordinance.
D. Prohibitions. The following outdoor lights are
prohibited:
1. The use of search lights for any business shall
be limited to not more than two (2) events per
calendar year. During any one event, the use of
search lights shall be limited to five (5) days
consecutively and shall not be used between the
hours of 10:00 PM and sunrise.
2. Flashing lights.
Temporary Accessory Buildings. The magazine clipping attached as Exhibit B
advertises an "instant garage and shelter' for the low, low price of $469.00. This 240
square foot shelter is simply a temporary metal frame with fabric covering. The City
Council asked us to review how the Zoning Ordinance addresses such structures.
Section 20-16-4.G, which regulates accessory buildings for all uses, of the Zoning
Ordinance requires that all accessory structures over 150 square feet in area use the
same or similar building material as the principal building. These accessory buildings must
also be "compatible" with the principal building in terms of exterior appearance, building
materials, architectural characteristics.
Section 20-17-4 of the Zoning Ordinance regulates building type and construction for all
structures. The standards include a listing of allowed exterior finishes in Section 20-17-
4.A.3, which does not include fabric. Further, Section 20-17-4.A.5 states that all buildings
over 150 square feet, except pole barns and post -beam buildings in the 1-3 District, must
have a continuous load bearing foundation.
Based on these performance standards, the temporary structures advertised by the
magazine clipping would be illegal.
26
Floodplain Management. City Staff met with staff from the DNR to review the City's
management of floodplain lands and present regulations. The DNR stated that the City
does a good job of administering its floodplain regulations. A copy of their letter and
evaluation is attached as Exhibit C.
The DNR review noted that the Floodplain Overlay District of the Zoning Ordinance does
not include a reference to the specific Flood Insurance Rate Maps. There is a reference
to the Flood Insurance Rate Maps in the definitions section of the Ordinance, but it is
outdated and does not include reference to the maps of the area annexed from Frankfort
Township. For this reason, the DNR has requested the amendment of Section 20-73-4
of the Zoning Ordinance shown on the first page, fourth paragraph of their letter.
Sign Setbacks. During the site plan review for Riverview Community Bank, the applicant
proposed a freestanding sign on the corner of the property, setback 10 feet from the lot
line. However, Section 20-37-2.E of the Zoning Ordinance requires all signs to be setback
at least'/ the minimum yard requirement. For a property fronting a local street, the sign
setback would be 17.5 feet, whereas the sign setback is 32.5 feet for collector or arterial
streets. In that parking stalls and drive aisles may be setback only 10 feet from the lot
line, there should be no visibility issue. Reference to the visibility triangle requirements
within the Zoning Ordinance can be used to protect intersection sight lines. As such, the
following amendment is recommended:
E. No sign or sign structure, unless otherwise meted regulated by this
Section, shall be closer to any lot line than a distanee equal to one
half (%) the Fnimimum FeqUiFed yard setbaerk- ten (10) feet). On corner
lots, no sion shall be located within the visibility trian le required by
Section 20-16-8 of this Chapter. No sign shall be placed within any
drainage and utility easement.
CONCLUSION
The purpose of this memorandum is to outline draft language for updating various sections
of the Zoning Ordinance in response to directives of the Comprehensive Plan or
housekeeping items. Based on the Planning Commission's initial feedback, additional
information has been provided for review. Additional amendments for Floodplain
management and for sign setback has also been proposed. Following discussion of the
issues outlined herein, the Planning Commission may direct changes, request more
information, and/or call for a public hearing.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
27
SINGLE/TWO FAMILY ACCESSORY BUILDING REGULATION MATRIX
(Reference Section 20-16-4 of the Zoning Ordinance)
EXHIBIT A-1
Urban Service Area
Rural Service Area
(All Districts)
R -4/R -5/R -6/R-7
A-1 /A-Z/R-C/
Zoning Districts
R -1/R -2/R-3
Zonin Districts
Exemptions
Farms and uses in the R -MH District
Attached Accessory
Min 480 sq. ft /
Min 480 sq. ft /
Min 480 sq. ft /
Structures
Max 1,000 sq. ft.
Max 1,000 sq. ft.
Max 1,000 sq. ft.
Detached Accessory
Max 150 sq. ft. w/
1,000 sq. ft. + 500 sq. ft. for
1,000 sq. ft. + 500 sq. ft.
Structures
attached garage or
each additional
for each additional acre
1,150 w/out
acre > 1 acre up to 2,000 sq.
> 1 acre up to 6,000
attached garage
ft.
square feet.
Maximum Size of any
n/a
1,500 sq. ft.
1,500 sq. ft. for parcels
Detached Accessory
of five acres or less.
Structure
Number of structures
No more than one
No more than two detached
No more than two
detached structure
structures per dwelling.
detached structures per
per dwelling.
dwelling.
Relation to Size of
No regulation
Total floor area of all
Total floor area of all
Principal Structure
accessory structures shall
accessory structures
not exceed 200 percent of
shall not exceed 200
the gross floor area of the
percent of the gross floor
principal structure or the
area of the principal
maximum combined area
structure or the
allowed based upon lot size,
maximum combined
whichever is least.
area allowed based
upon lot size, whichever
is least for parcels less
than or equal to 5 acres.
No limit for parcels
greater than 5 acres.
Setbacks
10 ft. from side/rear lot line < 1,000 sq. ft.
Principal building setback > 1,000 sq. ft.
Pole Buildings
Not allowed
owed in A-1 and A-2
strict on parcels 5
[acres
in area or larger.
EXHIBIT A-1
Accessory Buildings
BABE MAP DAU PRDYDED BY
Hakorwn
r
V--sa A71dk6fSOn
Assor..Inc,
PREPARED OCTOBER 2001
NOTE:
THIS MAP IS FOR PLANNING
PURPOSES ONLY AND SHOULD
NOT BE USED FOR EXACT
MEASUREMENT.
M
x
x
N 'g° Comprehensive Plan Update
Development Framework
MAP*
July 25, 2002
Minnesota Department of Natural Resources
IVIS. Judy Hudson
City Clerk/Zoning Administrator
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330-7314
Dear Ms. Hudson:
Waters
500 Lafayette Road
St. Paul, Minnesota 55155-40 32
FLOODPLAIN MANAGEMENT MEETING FOLLOW UP
I' JUL 2 9
Thank you for meeting with Area Hydrologist Patty Fowler and Ceil Strauss of my staff
regarding the city's floodplain management on April 23, 2002. A copy of the monitoring form
we submit to the Federal Emergency Management Agency (FEMA) for the "community
assistance visit" is enclosed.
In general, the city is doing a good job of administering its floodplain ordinance. In addition,
the city has been exploring the possibility of obtaining grant monies to help with acquisition of
up to 19 residences in the Parrish Street area, which have experienced Mississippi River flooding
numerous times. A neighborhood meeting was scheduled for Apr 125, 2002 to present the idea
of pursuing the grant money and to get an idea of how many of the residents would be interested
in being acquired. Ms. Strauss forwarded a PowerPoint presentation with basics on substantial
damage/improvement definitions, the related zoning regulations, and the implications of not
meeting the city's zoning regulations for the costs of flood insurance premiums.
As was discussed, due to annexations in Frankfort Township the city needs to amend its general
floodplain ordinance to add reference to Wright County's Flood Insurance Rate Map. Section
20-73-4 of the city's "FP", Floodplain Overlay District Ordinance (Section 73) needs to be
amended as follows:
20-73-4. B. Establishment of Official Zoning Map: The official Zoning Map
together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this Chapter. The attached material shall include the
Flood Insurance Study for the Ci of Otse o prengrgri b the Federal EmerQenc
Management A enc dated.Seiptember 30 1992 the Flood Insurance Study for
Wright County prepared by FEMA dated August 18 1992 the Reed-B.&�
al�Flood Insurance Rate Maps for the City of Otsego "e44
Augst-� dated September 30 1992 and panel #270534 0032C of the Flood
Insurance Rate Map for Wright County dated Aug
ust 18 1992 therein. The
official Zoning Map shall be on file in the office of the Zoning Administrator.
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800.
An Equal Opportunity Employer EXHIBIT C
Who Values Diversity 441
4'W* Printed on Recycled Paper Containing
1*r Minimum of 10% Post -Consumer Wastb
Ms. Judy Hudson
Otsego 4/23/02 Floodplain Meeting
July 25, 2002
Page 2
On behalf of the Commissioner of Natural Resources, I am pleased to inform you that, with the
incorporation of the map revision noted above, "FP", Floodplain Overlay District Ordinance
(Section 73) will be in compliance with Minnesota Rules, Parts 6120.5000 to 6120.6200.
Therefore, in accordance with Minnesota Statutes, Section 103F.121, I hereby conditionally
certify state approval of "FP", Floodplain Overlay District Ordinance (Section 73).
Please amend your ordinance within 90 days. Once the ordinance has been amended, please
forward three (3) certified copies of the formally adopted revision to "FP", Floodplain Overlay
District Ordinance (Section 73) along with three (3) copies of the enclosed "Ordinance
Certification Checklist" to Area Hydrologist Patty Fowler (940 Industrial Drive South, #103,
Sauk Rapids, MN 56379) be kept with DNR Waters' and FEMA records. I will issue a final
approval for "FP", Floodplain Overlay District Ordinance (Section 73) once we have received
the certified copies and checklists.
During the meeting you may recall our staff referring to versions of the FEMA Flood Insurance
Rate Maps (FIRMS) that were expected to be available on-line soon. These on-line maps
("FIRIMettes") are now available! A draft set of instructions for viewing and printing the
FIRMettes is enclosed for your reference.
Please feel free to contact Area Hydrologist Patty Fowler at (320) 255-2976 or Ms. Strauss at
(651) 296-4801 (or ceil.strauss(a,drinstate mn us) if you have any questions.
Sincerely,
,�k
POgah.E., Supervisor
Floodplain Management Program & NFIP State Coordinator
Enclosures
OS/CCS
c: The Honorable Larry Fournier, Mayor, City of Otsego
Sujata Baner ee, FEMA Region V (with enclosures)
Patty Fowler, DNR Area Hydrologist (with enclosures)
Dale Homuth, DNR Regional Hydrologist
Michael C. Court.
Andrew J. MacArthur
Robert T. Ruppe-
Davtd R. Wendorf
'Atm licensed in n&IoU
,•Atm liceued in Caiifo,,.a
August 28, 2002
COURI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN55376,0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur®pobox. com
Planning Commission Members
City of Otsego
c/o Judy Hudson, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55376
RE: Proposed Changes in Voting Requirements -Conditional Use Permits
Dear Commission Members:
I have been asked whether or not the City has the authority to amend the current zoning
ordinance which requires a 4/5 vote on a conditional use permit to allow a simple
majority vote for such a permit. This issue has arisen during the course of various
revisions to the ordinance, and in light of state statutory directives to reduce the required
vote on certain re -zonings from 2/3 to a majority. This occurred in certain recent changes
to Minn. Stat. 462.357, Subd. 2, b.
The authority to establish conditional use permits is given in a separate statute, Minn.
Stat. 462.3595, Subd. 1. That statute reads in pertinent part that, "The governing body
may by ordinance designate certain types of developments, including planned unit
developments, and certain land development activities as conditional uses under zoning
regulations." The statute does not contain any language which directs that a certain vote
requirement be contained in any ordinance adopted by the City. Therefore, it is my
opinion that the requirement for a 4/5 vote can be reduced to a majority if the City
determines that this makes more sense.
Logically, it would make sense that approval of a conditional use permit, which only
requires conformance with certain standards, would not take more votes than a rezoning
which is a basic decision on the use allowed.
If you have any additional questions please feel free to contact me.
Letter to Otsego Planning Commission
August 28, 2002
Page 2
Very truly yours,
ew J.ac
OURI & MACARTHUR
cc: City Council
Dan Licht, City Planner
Due to continued scheduling conflicts with family activities and my schooling I am
resigning my position on the Planning and Zoning Committee effective immediately.
AatriE. Moonen
cc Mike Robertson
cc Larry Former
cc City Council