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03-18-02 PCITEM 3.1. "alkTHWIST ASSOCkAut4 Co"3umkHTS" 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 Mayor and City Council Otsego Planning Commission FROM: Daniel Licht RE: Otsego - Benson Rezoning/Subdivision/CUP REPORT DATE: 5 March 2002 APPLICATION DATE: 14 February 2002 NAC FILE: 176.02 - 02.05 CITY FILE: 2002 - BACKGROUND Ms. Betty Benson has been working to divide her property along Mason Avenue into two lots since 2000. The purpose of the division is to allow for construction of one new dwelling and the sale of the existing home to her daughter and son-in-law. The property is currently zoned A-1, General Agriculture District and guided for continued agriculture uses by the Comprehensive Plan. Part of Ms. Benson's efforts to divide her property involved acquisition of land from the property to the north such that the area of her land was at least 20 acres. Under the four dwellings per 40 acres allowed by the Comprehensive Plan for parcels with street frontage, 20 acres is the minimum necessary to allow for two dwelling sites. With the additional land acquired, the property must be rezoned to A-2 District and divided by a preliminary and final plat. The applicant is also requesting approval of a CUP to allow for the keeping of horses within the A-2 District. Exhibits: A. Site Location B. Survey Page 1 of 6 Zoning. The A-1 District, which the subject site is zoned, allows for development at a one - per -forty density. To allow for development at four -per -forty densities as allowed by the Comprehensive Plan, it is necessary to rezone to A-2 District. Lot Design. Within the A-2 District, the minimum lot size is one acre, minimum width of 150 feet, and minimum depth of 150 feet. The two proposed parcels conform to these requirements. There is an issue with the common side lot line between the two parcels, however, which "jogs" at a distance 87 feet back from Mason Avenue. Section 21-7-4.6 of the Subdivision Ordinance requires that side lot lines be at right angles to streets. The purpose of the proposed lot design is to accommodate an existing accessory building which would be bisected by a straight lot line. According to the survey, there are four existing detached accessory buildings that would be within the north parcel. Section 20-16-4.13.6 of the Zoning Ordinance limits the number of accessory buildings on this parcel to two. As such, at two of the existing detached accessory buildings would be legal non -conforming uses. In this regard, our office recommends that the existing shed be removed and the side lot line drawn at a right angle to Mason Avenue. Keeping Horses. Keeping of horses within the A-2 District is allowed as a conditional use and being considered for each lot. The minimum lot size for keeping horses within the A-2 District is 2.5 acres, which the two proposed lots exceed. Additional considerations are as follows, which should be incorporated as part of the CUP approval. • Buildings for stabling horses may not be closer than 200 feet to any property zoned R-1 District. There are no properties zoned R-1 within 200 feet of the two lots. • The maximum number of horses stabled on each lot may not exceed one horse per acre or ten horses, whichever is least. • Shelter equal to 100 square feet of area per horse is required • Manure may not be stockpiled or applied within 300 feet of an adjacent residence, 300 feet from ditches, lakes and creeks or 200 feet from a private well as regulated by Section 20-27-10 of the Zoning Ordinance. • Hobby farm uses are subject to the accessory building size and material regulations for residential uses outlined in Section 20-16-4 of the Zoning Ordinance. Preliminary/Final Plat. Section 21-2-1.0 of the Subdivision Ordinance allows division of one parcel into two lots by administrative action only if the original land has not be part of such a minor subdivision for the last five years. As addition of the 3.3 acre parcel added to the property bringing the total to 20.0 acres was done as a minor subdivision, this current request cannot be processed administratively. The subdivision will need to be submitted in the form of a preliminary and final plat as outlined by Section 6 of the Subdivision Ordinance. Issues pertinent to the preliminary and final plat are as follows: Page 2 of 6 • Right -of -Way. The preliminary and final plat should provide right-of-wayfor Mason Avenue. The width of the right-of-way dedication should be subject to review by the City Engineer. • Easements. Section 21-7-15 of the Subdivision Ordinance requires that perimeter easements be provided for each lot. The easement is to be 10 feet wide, but may overlay common lot lines (5 feet each side). Easements are also required overall wetlands, watercourses, or waterbodies. All easements are subject to review and approval of the City Engineer. • Park and Trail Dedication. The proposed division will establish one new building site, triggering park dedication requirements. As no parks or trails are planned that effect the subject site, satisfaction of park dedication requirements will be a cash fee in lieu of land. The current cash fee is $1,075, which must be paid prior to recording the final plat. • Utilities. The two lots are to be served by on-site septic and well systems. The septic and well systems to serve the new dwelling will be subject to review and approval of the Building Official. The well and septic system serving the existing home will also be subject to review because of the property transfer. As such, the Building Official should determine that adequate area exists for all on-site systems as part of the preliminary and final plat. Criteria. Sections 20-3-21 and 20-4-21 of the Zoning Ordinance outline the criteria on which the Planning Commission and City Council are to base their decision for the requested zoning amendment and CUP. These criteria are (but not limited to) the following: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan outlined a limited density allowance intended to provide opportunities for rural character development in areas not planned for sanitary sewer service. The proposed development is consistent with a density of four units per 40 acres as allowed for parcels with street frontage within the Agriculture Preserve area. 2. The proposed use's compatibility with present and future land uses of the area. Comment. This area along Mason Avenue has developed with several large rural lot parcels with single family homes. The proposed lot division and keeping of horses 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.). Page 3 of 6 7 Comment: The proposed division and keeping of horses will conform to all applicable requirements. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed division and keeping horses is not expected to cause any negative effects as it is consistent with the framework of the Comprehensive Plan and character of the area. 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: Mason Avenue has necessary capacity for any additional traffic created by the property division and construction of another single family home. 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 not anticipated to have a negative impact to the City's service capacity. CONCLUSION The proposed division of the applicant's property into two parcels and keeping of horses on the properties is generally consistent with the provisions of the Comprehensive Plan and Zoning Ordinance. Our only recommendation contrary to what is proposed is that a preliminary/final plat be prepared which provides for a straight side lot line. This change likely will require removal of an existing legal non -conforming accessory building. 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. Page 4 of 6 C. Motion to table the request. Decision 2 - Preliminary and Final Plat A. Motion to approve a Preliminary and Final Plat for a two -lot subdivision, subject to the following conditions: 1 A preliminary plat and final plat that includes all of the information required by Section 6 of the Subdivision Ordinance is submitted and approved by City Staff. 2. The common side lot line is revised to be a straight line at a right angle to Mason Avenue over its entire length, which may require removal of an existing detached accessory building to meet applicable lot width and setback requirements. 3. Dedication of additional right-of-way for Mason Avenue is subject to review and approval of the City Engineer. 4. The provision of easements is subject to review and approval of the City Engineer. 5. The applicant pay a park and trait dedication fee in lieu of land equal to $1,075. 6. On-site septic and well systems shall be subject to review and approval of the City Building Official. 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. Decision 3 - Keeping of Horses CUP A. Motion to approve a CUP allowing the keeping of horses on two lots within the A-2 District, subject to the following conditions: 1. The maximum number of horses stabled on each lot may not exceed one horse per acre or ten horses, whichever is least. 2. Shelter equal to 100 square feet of area per horse is required. Page 5 of 6 3. Manure may not be stockpiled or applied within 300 feet of an adjacent residence, 300 feet from ditches, lakes and creeks or 200 feet from a private well as regulated by Section 20-27-10 of the Zoning Ordinance. 4. Buildings for keeping of horses are subject to the accessory building size and material regulations for residential uses outlined in Section 20-16-4 of the Zoning Ordinance. 5. Comments of other City Staff. PC Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Betty Benson Page 6 of 6 BASE WAP DATA PROVIDED BY Haka hinA$$ac.ArodeIn�. PREPARED OCTOBER 2001 NOTE: THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR EXACT MEASUREMENT. SCALE: im e ie NORTH CITY OF OTSEGO ON THE GREAT RIVER ROAD SITE PLAN #2 for BETTY BENSON i j S wAn¢ x. u w EEEr 0 W }OC Jw TOTAL AREA - 20.0001 ACRES DErgortt Rtar MO~N; FOUND i Q mm MONI.IVENT SEE B 4APP:0 In •LOR sum i REVISE LOT LINE N 8913'4D' w 444.39 I � ' s J I 1 � I ' h 8 ; Iggl O DB fOUMwfsl BWglfq IK JOYINEASIO M r xW EovxFR er nq xr r/..p. /20W ♦ a p __NO YCN�IF II. IWI I}( q6E ]{ AL SO IgRI er INF FLAIMW(JI OWRlER 3? 0 [. IM MMIHaf (puR2q er 3KIIGv I,, IWq. ISI q4F }J EAOIAIT OIICI►IMN__I____2 e99.99 Fs.— — _ - },.J.— _--_Z'ti. ------s�===_=_=_�— rEFa ..YEnn,s W !/t a nB K rp il. 1..GEJ IJgtq "' 0 I .\ WOB. IN b - S 8974 5t E 971.90 __ R I b $ z z y CT ro PLWC Mar Or IVIS AND EASi:ENTS OF RECORD F ANY. y26 C � I n ` • _ .�y i fYRE EASEMENTS on RECORD PLAT ARE SNOAN ON Res SURIEY MESS ADWOOaWNTA RON OF E v OIWR EAS WNTS EX RECORD ARE PROMDEO b. :p I n,LY} parufy tear Inr., ..]. pr an o r.pwt wa p. epw ed by m dir. Yb 1und.r " aupw ri Gluon o that I oma aur} M.7 of ar e0 Land 1,-.,d., under the,1 on IOW. of the Stote of Minne.ot0 1D nh Y. T.P. W.. DOM TAYLOR LAND SURY£YA45, INC. " `- " ' `• ' N0D'J03O'E 91/.10 MEAS -_. _-- ... —D.1A/10R rf701 I t'i t'EE P an"J'oE 61.00 DEED D. KERN /42 I 1 1 RV 100 FT ..f/)O/A2 ~� tAW" Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 ASSOC., Inc. Phone:763/427-5860 Fax:763/427-0520 March 14, 2002 Mike Robertson City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Betty Benson Lot Split Section 18 & 18 T121N R23W Dear Mike: We have reviewed Betty Benson's application for a lot split, rezoning and a Conditional Use Permit. We recommend, as a condition of approval, the applicant deed 40 -feet of right-of-way along the Mason Avenue Street Frontage. Mason Avenue currently has 33' of prescriptive easement for roadway purposes only. 40' of right-of-way will allow for the City to one day expand Mason Avenue to a collector type street and allow for City and private utility installation in the street boulevards. Also, a 50' drainage easement is recommended centered across Otsego Creek where the creek crosses the property. The creek crosses in the southwest portion of the property. This will allow future City projects to maintain or upgrade the existing creek. We have no other comments and recommend approval contingent upon the above changes. If you have any questions, you may contact me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. 10 on ..J. _ RJW:dlc cc: Judy Hudson, Clerk Betty Benson Dan Licht, NAC Taylor Land Surveyors Civil 'Municipal �� G:\Municipal\AOTSEGO\2500\2002\ot2500mr.docEngineering Land Surveying for ITEM 3.3. 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 - Dale Beaudry CUP REPORT DATE: 4 March 2002 NAC FILE: 176.02 - 02.06 BACKGROUND Mr. Dale Beaudry is proposing to construct a single family home on a five acre parcel of land located south of 80"' Street and west of Mac Iver Avenue (see Exhibit A). The property is zoned A-1 District and guided by the Comprehensive Plan for continued agriculture uses. The property does not have any frontage to a public street. Access is provided by easement over a 66 foot wide parcel (owned by the applicant's brother Mr. Lloyd Beaudry) that extends approximately 1,200 feet back from Mac Iver Avenue. Without public street frontage, the lot is non -conforming with regards to access and the minimum 150 -foot lot width required in the A-1 District. Section 20-15-2.A of the Zoning Ordinance allows construction of a single family dwelling on a vacant non -conforming lot with less than 75 percent of the minimum required frontage by conditional use permit (CUP). ANALYSIS Access. Section 20-21-4.H.2 of the Zoning Ordinance requires all lots to have access directly onto an abutting improved public street. As this property does not abut a public right-of-way or improved street, it is non -conforming. In considering a CUP to allow construction of a single family dwelling on the property, provision of permanent, adequate access is of primary concern. Access to the property is provided b y a lot fine of the subject site and connects of Ma oot b Iver 'A -foot parcel that abuts the south Beaudry. The applicant has indicated that the 66 -foot venue, which is o by an access easement allowing access to the caned by Lloyd by 1,200 -foot parcel ,encumbered the other properties abutting it. Based upon the 66 -foot widsubject site as well as some, but not all, of established with some forethought as a future street Corr doth, itr� No other practical use for a the parcel exists based upon its dimensions. appears this parcel was City Staff recommends that the 66 -foot by 1,200-footarc way as a condition of the CUP approval.P el be dedicated as public right-of- Althoughconstructed at this time, the provision of right-of-way a street would not need to be provided to the subject properties and other properties in y will ensure that adequate access is frontage to a public street. The dedication of the � the area Opportunities for future street connections to the �, which lack direct right -of --way would also single outlet. If dedication of 66 -foot b Provide the applicant must provide the easementest that would eliminate depth re , Y 1,200 foot parcel as right-of-way is not required documents for review and approval. Buildable Area. The subject parcel has dimensions acres. It is our understanding that additional land will be attach of 400 -feet by arc feet or 5.05 Beaudry's property to the west as ed to this parcel from Lloyd Part of a sale to Farr Development. Section 20-51-6. of the Zoning Ordinance requires properties in the A-1 District to have a minimum width of 150 feet minimum depth of 150 feet a Based upon the definition of lot width non -conforming. M requires frontage o' a public treet one acre. the lot is Approval of a CUP to construct a single family home on th finding that there an adequate building envelope within required and dimensions of the properte Parcel must be based upon a y, the is more than adequate area to accommodate acks. Given the area family dwelling. It is recommended that the south lot line the "front", with side and rear lot lines determined accordingly.a single of the parcel be designated as CUP Criteria. In considering Council are to base their decision upon appl(bust not I S' the Planning 20-4-2.F of the Zoning Ordinance: united to) the crite Commission ed in Section City tion 1 The proposed action's consistency with the specifies OffCity Comprehensive Plan. P �c Policies and provisions of the Comment: The Comprehensive Plan directs thatalllandi streets. While the present situation may accessed opportunity to improve on a non -conforming be viewed as a n existing condition, public parcel is acquired and dedicated as Public right -of - Parcel provided if the 66 -foot wide parcel indicate consideration was given to this corridor being he dimensions of this streets. Dedication Of the right-of-way would ensure adequate provided for future q ate access to the subject Page 2 of 4 site, other parcels covered by the existing easement, and those which are not covered by the easement. Further, dedication of the right-of-way would provide opportunities for improved circulation in the area at such time as the area to the west develops. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The area surrounding the subject site is essentially rural. The rural character of the area is likely to change significantly if the City proceeds with plans for a west sanitary sewer service district, which includes the subject parcel. The land immediately to the west has already been sold to a developer and is within the first phase of the service area. However, the proposed single family dwelling would be compatible with the existing rural or potential urban character of the area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use will conform with all applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Comment: Construction of a single family dwelling on the subject parcel creates a greater need for access to ensure safety. To this end, dedication of public right-of- way that would serve this and other parcels in the area is abetter long-term solution than the current easement arrangement. 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: Area streets have adequate capacity to allow for construction of single family dwelling on the subject site. 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 not anticipated to have a negative impact to the City's service capacity. Construction of a single family dwelling will require provision of on-site septic and well systems, subject to approval of the Building Official. Page 3 of 4 CONCLUSION The applicant's proposal to construct a single family dwelling on the subject site is contingent upon providing access. City staff recommends that the applicant acquire and dedicate the existing 66 -foot by 1,200 -foot as public right-of-way as a better long-term solution than an access easement. Provision of a public right-of-way where one appears to have been intended ensures access to the subject site and other area properties while providing area circulation. Aside from access, there are no other issues created by developing the subject site with a single family dwelling. A. Motion to approve a conditional use permit allowing construction of a single family dwelling on a non -conforming lot, subject to the following provisions: The applicant acquire and dedicate the 66 -foot by 1,200 -foot parcel as public right-of-way. Interim use of the right-of-way prior to construction of a public street will require an agreement with the City. 2 For purposes of defining setbacks, the south lot line shall be designated as the front lot line if no other lot line abuts a public right-of-way. 3. The site is found to be capable of supporting primary and secondary on-site septic systems and an on-site well, subject to review and approval of the Building Official. 4 Comment of other City Staff. B. Motion to deny the application based upon a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the application. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Dale Beaudry Lloyd Beaudry Page 4 of 4 BASE MIP DATA PROVIDED BY Hakanson I���. PREPARED OCTOBER 2001 NOTE: THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR EXACT MEASUREMENT. SCALE: NORTH CITY OF OTSEGO ON THE GREAT RIVER ROAD EXHIBIT A-2 Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 March 14, 2002 Mike Robertson City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Mr. Dale Beaudry's CUP Application Parcel #251406 Dear Mike: We have reviewed the Conditional Use Permit applied for by Mr. Dale Beaudry to allow a home to be built without the required minimum street frontage or a direct access to a public street. We have reviewed the City Planner's report and agree with the recommendation that the applicant acquire and dedicate the 66 -foot by 1200 -foot parcel (25 12 10) as public right- of-way. The property is within Phase 1 of the proposed West Sanitary Sewer District and dedication of parcel #251210 would help facilitate an efficient road and utility system. If you have any questions, you may contact me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. ,V � Ronald J.a ner, P RJW:dlc cc: Judy Hudson, Clerk Andy MacArthur, City Attorney Dan Licht, City Planner Dale Beaudry Lloyd Beaudry Civil 6- Municipal Engineering G:\Municipal\AOTSEGO\2500\2002\oQ500mr1 doc Land Surveying far ITEM 3.4. HORTIAWItST A$SOCM*-tit4 CONSULItANTS,, M"C. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE: 5 March 2002 RE: Otsego - Zoning Ordinance; Business/Industrial Wall Signs FILE NO.: 176.08 - 02.05 BACKGROUND The City of Otsego received a request from Godfathers Pizza to install a second wail sign on the facade of their building facing Parrish Avenue. The sign is to identify a second restaurant franchise that the operator has included within the building in addition to the existing pizza franchise. The introduction of this second restaurant chain has not changed the way the building functions internally or resulted in any expansion. Section 20-37-5.C.4.b of the Zoning Ordinance limits the number of wall signs to one per building, except for corner lots which may have two signs (one on each frontage). Under these provisions, Godfathers would not be allowed any additional signs beyond the existing sign above the doorway. The City Administrator directed our office to prepare a draft amendment of the Zoning Ordinance that would allowfor additional wall signs. This item is for Planning Commission review and discussion and recommendation to the City Council. Exhibits: A. Section 20-37-5.C.4 B. Ordinance Amendment Page 1 of 3 ANALYSIS Existing Ordinance. For single occupancy buildings, wall mounted business identification signs are regulated in a number of ways under the existing Ordinance. First, the total area of all signs, including freestanding and wall signs, may not exceed 15 percent of the wall area of the front facade (or front and side facades on a corner lot). Second, the area of any individual wall sign may not exceed 100 square feet. Third, only one wall sign is allowed per building (except for a corner lot where two signs are allowed, one per street frontage). For Godfathers, the limit on the number of wall signs does not allow the owner to identify all of the franchises within the building with wall signs. It would be possible to identify one franchise on a freestanding sign and the other will a wall sign, or to use a common name for the business making the franchise names incidental. For information purposes, multiple tenant commercial buildinc . "iere ear,-. - ,,ant has a separate exterior entrance are allowed one wall sign per ter:. ,. Alternative Regulation. While many communities regulate tr,- number of v, all signs for single occupancy buildings, the City of Plymouth does not. Rather. Plymouth limits wall sic = only to one wall (or two walls on a corner !ct) and the area as a percentage of the fac e wall. In response to the Godfathe,'s request, it was suggested that similar allcwance could be considered as an ammo idment of the Zoning Ordinance. Canopy, or Marque,, td ittg , Wall, canopy, or marquee signs shall be permitted only on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two facades fronting public streets Individual wall sign area shall not exceed one hundred (100) square feet. The language above would allowfor more than one wall sign to be mounted on a building facade facing a public street. The number and area wall signs would be limited by the 15 percent limitation for total site signage (freestanding and wall signs) and limit that no individual wall sign exceed 100 square feet. In the case of Godfathers, the front facade measures 1,648 square feet. The total sign area for freestanding and wall signs is 15 percent of the facade area or 247 square feet. There is an existing freestanding sign that has an area of 100 square feet. As such, the area available for wall signs would be 147 square feet. Page 2 of 3 Under the existing Ordinance, only one wall sign is allowed and it may not exceed 100 square feet. Under the draft language above, Godfathers would be allowed their existing Godfathers Pizza" sign, which measures 44 square feet and an additional 103 square feet of signs. CONCLUSION An amendment to the sign regulations within the Zoning Ordinance is being considered as an accommodation to single occupancy businesses within the City that would allow more than one wall sign to identify their operation or services. Determining an appropriate limit or control over the number of wall signs is an aesthetic issue impacting community character. Therefore, it is a policy issue to be rest . � by the Planning Commission and City Council. Our office does not make any recommendation as to the proposed amendment. pc. Mike Robertson Judy Hud ---; Ant MacArthur Rudy Thibodeau Page 3 of 3 b. The sign area shall not exceed thirty-two (32) square feet of space on each side. C. The sign shall not be illuminated. 14 d. The sign shall not exceed fifteen (15) feet in height. 14 3. Real Estate Development Project Signs. Signs involving temporary identification of a new subdivision of development located upon the project site. a. Each subdivision or development shall be allowed the following signs by permit: (1) One (1) sign 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 twenty (20) feet in height. (2) Directional signs as authorized by Section 20-37-5.B.4 of this section. 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. Vim— 4. Business Identification Signs. Total sign area shall not exceed fifteen (15) percent of the total front building facade except that both front and side facades shall be counted on a corner lot. Signs chosen to comprise the total gross sign area shall be consistent with the following provisions: 19/39 a. Freestanding. Not more than one (1) double sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty (20) feet, except that for signs within the Interstate 94 Corridor Sign District, the maximum height shall be forty-five (45) feet. �– b. Wall, Canopy or Marquee. Not more than one (1) wall, canopy or marquee sign per building. However, on corner lots, two (2) such signs shall be allowed, one (1) per street frontage. Individual sign area shall not exceed one hundred (100) square feet. C. Advertising messages shall not comprise more than twenty-five (25) percent of any freestanding or wall sign. 37-10 EXHIBIT A ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING SECTION 37 OF THE ZONING ORDINANCE (SIGNS) FOR THE NUMBER OF WALL, CANOPY OR MARQUEE SIGNS ALLOWED WITHIN BUSINESS AND INDUSTRIAL ZONING DISTRICTS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-37-5.C.4.b of the Zoning Ordinance is hereby amended to read as follows: b. Wall, Canopy, or Marquee. Wall, canopy, or marquee signs shall be permitted only on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two facades fronting a public street. Individual wall sign area shall not exceed one hundred (100) square feet. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this day of 2002. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk Page 1 of 1 EXHIBIT B ITEM 3-� "OST"WItST A430CIAxI110 CONSUILTAN7tS,, 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: 5 March 2002 RE: Otsego - Planning Commission By -Laws FILE NO.: 176.08 - 02.09 This memorandum forwards a revised version of the Planning Commission's By -Laws. The revisions include the items discussed at the Planning Commission meetings on February 18, 2002 and March 4, 2002. We have also taken some liberty in re -organizing the By - Laws such that related provisions are grouped together in a more clear order. This information is to be discussed at the Planning Commission meeting on March 18, 2002. If the Planning Commission approves of the changes, they must be adopted by a motion with five positive votes. Upon adoption by the Planning Commission, the updated By -Laws require approval of the City Council before taking effect. PC. Mike Robertson Judy Hudson Andy MacArthur CITY OF OTSEGO PLANNING COMMISSION BY-LAWS A. Organization. 1. Membership of the Commission shall consist of seven (7) members appointed by the City Council, one (1) alternate member appointed by the City Council, and one (1) non-voting City Council representative. 2. The Commission shall elect officers from its membership at its first meeting in February. 3. The officers of the Planning Commission shall be: a. Chair. b. Vice -Chair. 4. Duties of the officers.- a. fficers: a. Chair. 1. The Chair shall preside at all meetings of the Commission. 2. The Chair shall preserve order and decorum and shall decide all questions of order. 3. The Chair shall appoint any necessary committees and shall appoint any committees requested by a majority of the members. b. Vice -Chair. 1. The Vice -Chair shall preside at all meetings in the absence of the Chair and perform such duties as requested by the Chair. B. Work Rules. 1. There shall be two (2) regularly scheduled meetings the first and third Monday of each month, unless an alternative is scheduled due to an unforseen conflict or canceled by the Chair due to a lack of business items. Notice of the change must be given communicated to members at least four (4) days prior to the meeting date. Page 1 of 4 3. A quorum of the Commission shall consist of four (4) members. 4. All meetings shall be open to the public. 5. A special meeting of the Planning Commission may be called by a motion of the majority of the members stating the purpose of such meeting with written notice posted at least twenty-four (24) hours in advance of the meeting. 6. Any site inspecting involving four (4) or more members as a group must be scheduled and noticed as a special Planning Commission Meeting. 7. The alternate member shall sit at the Planning Commission table during any scheduled meeting, but the alternate shall only vote if a member of the Commission is absent. 8. A member may be excused from an individual meeting for reasons of illness, work, or out of town trips. Notice of the member's absence must be communicated to the City staff before 4:00 PM on the date of the meeting. 9. The order of business shall be as listed in the meeting agenda to be prepared by the Zoning Administrator before each meeting. 10. The Zoning Administrator shall take minutes of all Commission meetings or special meetings, which are to be distributed to the members prior to the next Commission meeting. Approval of the minutes is by a majority of the members present at the meeting at which the minutes are on the agenda. Upon approval, the minutes shall be signed by the Chair and attested to by the Zoning Administrator. 11. Motions shall be made only by persons recognized by the Chair. 12. Any resolution or motion may be withdrawn at any time before action is taken on it. 13. When a question is under debate, no other motion shall be entertained except to table or call for the questions, act on the question, postpone, refer to committee, or amend. Motions shall take precedence in that order and the first two shall be without debate. 14. All motions shall be carried by a majority vote of the members present, except a call for the question. Any members or the Chair may call for a roll call vote on any issue. Page 2 of 4 15. A call for the question is not a motion, but an indication to the Chair that the person making this statement is ready to have the motion or question acted upon without further discussion. 16. All commission recommendations shall be sent to the City Council in written meeting minutes and shall include a record of the division of votes on each recommendation. 17. Any Commission member having a personal interest, a financial interest, or a family member with a financial interest in any individual action to be considered by the Commission shall: a. Notify the Chair of the conflict in advance of the meeting. b. Allow the Chair to explain the potential conflict to the Commission. C. At the request of the Chair, the member shall excuse themselves from the Commission in advance of the discussion and voting on this item. 18. In the event that a member is contacted prior to a Commission meeting by a person with a concern regarding a pending issue, the member must: a. Refrain from discussing any Planning Commission business with any individual outside of a Planning Commission meeting. This includes their own stand on the pending issue. b Refrain from speculating on other Commission members' stand on the pending issue. 19. Any Commission member who conducts themselves in a manner conflicting with these By -Laws provides grounds for removal by the City Council. 20. Any rule not covered by these By -Laws shall be governed by Robert's Rules of Order. 21. These By -Laws shall not be repealed or amended except by a five (5) member vote of the Commission and after notice has been given at a previous meeting. Changes in these By -Laws become effective upon approval of the City Council. Page 3 of 4 ADOPTED by the Otsego Planning Commission on this day of 2002. Richard Nichols, Chair ATTEST: Judy Hudson, Zoning Administrator/City Clerk APPROVED by the Otsego City Council on this day of 2002. Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk Page 4 of 4