06-17-02 PCITEM 3. 1.
"alkir" aST ASSOC111*►.Irt4 Ca"S um"Irs" INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT- ADDENDUM
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Mike Darrow / Daniel Licht
RE: Otsego - Lefebvre's Carpet; Building Expansion Amendment
REPORT DATE: 12 June 2002 APPLICATION DATE: 15 April 2002
NAC FILE: 176.02 - 02.11 CITY FILE: 2002-12
BACKGROUND
Lefebvre's Carpet located at 9244 NE Parrish Avenue is proposing a 6,900 square foot
addition onto their existing building. The existing 3,600 square foot building was
constructed in 1994 following site and building plan approval by the City. To
accommodate the building addition, the applicant is proposing to attach more land to the
west line of the existing lot. The 13,870.8 square foot parcel addition is being detached
from the adjacent agriculture parcel owned by Mr. Richard Lefebvre.
The Comprehensive Plan guides the subject site for commercial useswithin the Sanitary
Sewer Service District. The subject site is zoned B-3, General Business District.
Expansion of the commercial business is subject to site and building plan review. The
additional lot area can be processed by administrative subdivision. However, the parcel
to be attached to the subject site is zoned A-1, Agriculture Rural Service Area and must
be rezoned to B-3 District.
The request was considered at the May 6, 2002 Planning Commission meeting and
subsequently tabled to allow the applicant time to provide additional information. These
plans have been submitted and our report revised to reflect the updated plans.
Exhibits.
A. Site Location
B. Site Plan
C. Building Elevations
Page 1 of 6
ANALYSIS
Zoning. The existing site is zoned B-3 District, which allows for carpet sales as a
permitted use. The parcel to be attached to the existing property is zoned A-1 District. In
order to allow for expansion of Lefebvre Carpet onto the detached parcel, it must be
rezoned to B-3 District. Section 20-3-2. F of the Zoning Ordinance outlines the criteria the
Planning Commission and City Council are to consider in evaluating the request.-
The
equest:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment. The Lefebvre Carpet site and parcel to be attached to it are guided by
the Comprehensive Plan for commercial uses as part of the City's primary
commercial center at CSAH 39 and TH 101. Accommodating expansion of
Lefebvre Carpet would be consistent with the City's goals for the area.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The area surrounding Lefebvre Carpet is guided for commercial uses,
which the expanded showroom/warehouse would be compatible with. Existing uses
are limited to a legal non -conforming single family dwelling to the south of the
subject site and agriculture fields to the north and east.
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 be required conform with all applicable standards
of the Zoning and Subdivision Ordinance, including those conditions of the original
site plan approval that have not been implemented.
4. The proposed use's effect upon the area in which it is proposed.
Comment. The rezoning will provide for expansion of an existing business in an area
guided to be the commercial focus of the City. No negative impacts are anticipated.
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.
Page 2 of 6
Comment: Lefebvre Carpet has access to CSAH 42, which has adequate capacity
for the use. The site has been laid out in such a manner to allow for future access
to an extension of Quaday Avenue north from Otsego Waterfront West.
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.
Access. The subject site currently has access from CSAH 42, which is shared with the
property to the south. Future access to the site will be available to the east at such time
as Quaday Avenue is extended north from Otsego Waterfront West. The original site plan
was laid out to facilitate this future street connection, including applicable setback
requirements. The City Engineer should review the detachment to ensure that the east
line of the property will abut the future right-of-way.
Lot Requirements. The existing building and proposed expansion meets all applicable
lot and setback standards of the B-3 District. The expanded building will also meet a
"front" setback requirement from the east lot line when Quaday Avenue is extended north
from Otsego Waterfront West, consistent with the City's Transportation Plan.
The building would not meet a front setback for an extension 93' Avenue along the south
lot line. A 30 -foot setback from the south line was to be provided according to the 1994
plan review, but the survey indicates that the building was constructed with only a 16 -foot
to 17 -foot setback. If 93rd Street is extended, the building will be non -conforming. The
applicant may want to consider off -setting the building addition to be 35 -feet from the south
lot line in order to meet a potential future setback requirement.
Building Design. Section 20-17-4.B.1 requires that buildings within the B-3 District be
constructed of at least 75 percent Grade "A" materials. The existing building is a single
story structure with a stucco facade and asphalt shingles on a pitched roof. The proposed
expansion facade and roof materials will match that of the existing building. Stucco is
listed as a Grade "A" material in Section 20-17-4.A meaning the building construction
conforms with the requirements of the Zoning Ordinance.
Page 3 of 6
Lot
Area
I Lot
Width
Setbacks
Front Side Rear Parkin
Required
1.0ac.
200ft.
65ft. 1Oft. 20ft. 15/5ft.
Proposed
1.6ac
200ft.
71.5ft. 15.ft. 40ft. Unknown
The building would not meet a front setback for an extension 93' Avenue along the south
lot line. A 30 -foot setback from the south line was to be provided according to the 1994
plan review, but the survey indicates that the building was constructed with only a 16 -foot
to 17 -foot setback. If 93rd Street is extended, the building will be non -conforming. The
applicant may want to consider off -setting the building addition to be 35 -feet from the south
lot line in order to meet a potential future setback requirement.
Building Design. Section 20-17-4.B.1 requires that buildings within the B-3 District be
constructed of at least 75 percent Grade "A" materials. The existing building is a single
story structure with a stucco facade and asphalt shingles on a pitched roof. The proposed
expansion facade and roof materials will match that of the existing building. Stucco is
listed as a Grade "A" material in Section 20-17-4.A meaning the building construction
conforms with the requirements of the Zoning Ordinance.
Page 3 of 6
Off -Street Parking. The applicant is proposing 38 parking stalls on the site. To
determine the number of required stalls for the expanded building, the following formula
is used:
10,500sf. x 90% x 1 stall/250sf. = 38 stalls
The 1994 site plan approval allowed construction of 11 stalls to be deferred until there
would be a determined need. The parking lot was to be constructed with backing space
at the north end and perimeter concrete curb. It may be possible to defer construction of
some of the 38 stalls if demand is expected to be lower. The City would require a proof -of -
parking agreement allowing the City to cause construction of the additional parking stalls
should a need be demonstrated.
The applicant is proposing an additional 10 parking stalls on the south end of the building.
This will not be permitted due to the possible expansion of the 93' Avenue. The applicant
will need to create 10 additional parking stalls on the north end of the property.
Off -Street Loading. The revised site plan doesn't showoff -street loading. The applicant
needs to provide an updated site plan that includes off-street loading. The applicant must
demonstrate adequate turning radius for delivery vehicles and trucks. The applicant has
suggested off-street loading on the east side, however, staff feel that there will not be
sufficient turning radius needed for delivery vehicles and trucks on that side.
Landscaping. A condition of the 1994 site plan approval was that a landscape plan was
to be provided for installation of planting materials surrounding the parking lot, lot
perimeter, and adjacent to the building. Off-street parking and loading areas are required
to be landscaped and screened from surrounding uses and the public right-of-way in
compliance with Section 20-16-7 of the Zoning Ordinance. Commercial uses must also
provide landscaping at the perimeter of the property and adjacent to the building. The
applicant has provided a landscaping plan, however, more detail is needed as to the size,
type, and quantity of the plantings as well as to the location of landscaping around loading
areas and the trash enclosure.
Exterior Lighting. No detailed plans for exterior lighting have been submitted. Any lights
that are to be installed must have a 90 -degree horizontal cut-off. At a minimum, wall
mounted fixtures should be installed above each exterior door for security purposes.
Trash Enclosure. The applicant is showing a trash enclosure on the east side of the
proposed addition. The trash area must be fully screened from view within an enclosure
approved by City Staff. In addition, the trash area must be screened with materials that
are consistent with those of the proposed addition.
Signs. No detailed plans have been submitted for new site signs. Any new signs that are
Page 4 of 6
proposed must conform with Section 37 of the Zoning Ordinance. There is an existing off -
premises sign for Lefebvre Carpet located near the CSAH 42 and CSAH 39 intersection.
Off -premises signs are prohibited by the Zoning Ordinance. As such, this sign (or any
other off -premises signs) must be removed as a condition of approval.
Grading. A grading plan should be submitted for reviewand approval of the City Engineer
given the increase in impervious surface with the proposed expansion. Easements will be
required around the exterior perimeter of the detached parcel. All grading, drainage, and
easement issues are subject to review and approval of the City Engineer.
Utilities. The subject site is served by an on-site well and septic system and the applicant
is not proposing connection to municipal utilities at this time. The condition of the existing
systems and impact of the proposed expansion should be subject to review and approval
of the City Engineer.
CONCLUSION
The proposal to expand the existing Lefebvre's Carpet building is generally appropriate
and consistent with City policies and regulations. However, more complete information
must be submitted in order to establish conformance with site and building requirements
for commercial uses and the 1994 site plan approval. Actions for the Planning
Commission and City Council to consider are outlined below.
Decision 1 -Zoning Amendment
A. Motion to approve a Zoning Map amendment rezoning that portion of PID 118-500-
154302 subject to administrative subdivision from an A-1 District to B-3 District
designation based upon a finding that the request is consistent with the
Comprehensive Plan.
B. Motion to deny the application based upon a finding that the request is inconsistent
with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance.
C. Motion to table the request.
Decision 2 - Site and Building Plan Review
A Motion to approve site and building plans for Lefebvre's Carpet, subject to the
following conditions:
The City Engineer review the proposed administrative subdivision relative
to any impacts for the future extension of Quaday Avenue.
Page 5 of 6
2. The building plans are revised to provide a loading berth on the east or north
side of the addition as well as adequate turning radius for delivery vehicles.
3. The landscape plan is to be installed prior to a certificate of occupancy being
issued or a security provided to ensure compliance.
4. The building plans are revised to provide light fixtures above each exterior
entrance. All exterior light fixtures are to have a 90 -degree horizontal cut-off
and so directed to minimize glare to adjoining properties or public rights-of-
way.
5. Any exterior trash containers shall be fully screened from view within an
enclosure as approved by the Building Official. The trash enclosure must be
constructed using materials consistent with the proposed expansion.
6. The applicant must provide a total of 38 parking stalls. The proposed 10
stalls on the south side of the building must be moved to the north side.
6. All signs shall conform with Section 37 of the Zoning Ordinance. Any and
all existing off -premises signs advertising Lefebvre Carpet within the City of
Otsego shall be removed.
7. All grading, drainage and easements are subject to review and approval of
the City Engineer.
8. Issues related to use of the existing on-site septic and well system shall be
subject to review and approval of the City Engineer.
9. Comments 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.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
Dave Lefebvre, Lefebvre's Carpet
Tim Smith, T.S. Construction, Inc.
Page 6 of 6
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ITEM 3. 2.
ENGINEERING REVIEW Review No. 1
Hakanson Residential and Commercial
Anderson Subdivision
Assoc., Inc. for the City of Otsego VJUN002
by
Hakanson Anderson Associates, Inc. By-
Submitted
y
Submitted to: Mike Robertson, Administrator
cc: Judy Hudson, City Clerk,
Dan Licht, City Planner
Andy MacArthur, City Attorney
Manley Brothers Construction, Developer
John Oliver & Assoc., Inc., Developer's Engineer
Reviewed by:
Date:
Proposed
Development:
Street Location
of Property:
Applicant:
Developer:
Ronald J. Wagner, P.E.
Shane M. Nelson
June 6, 2002
Otsego Meadows Golf Club
Part of NW % Section 23 & Part of W Y2 Section 14, T121,
R24. 244.6 ± Acres, south of CSAH 39 and east of Kadler
Ave NE.
Chris Bulow
P.O. Box 506
Elk River, MN 55330
Kevin Manley
419 Ethan Drive
Eagan MN, 55123
Manley Brothers Construction
Owners of Record: Donald & Phyllis Greninger
Russell & Sheila Greninger
Milton & Loraine Shelquist
Donald & Elizabeth Servin
Purpose: Rezone from A-1 to PUD district
Jurisdictional Agencies
(but not limited to): City of Otsego
Permits Required
(but not limited to): NPDES
Considerations:
G: \M u n i ci p a I\AOTS E G 02000\2246\o t2246 review 1. d o c
TABLE OF CONTENTS
INFORMATION AVAILABLE
COVER SHEET
PRELIMINARY PLAT
PRELIMINARY GRADING, DRAINAGE, & EROSION CONTROL PLAN
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
G:\Municipal\AOTSEGO2000\2246\ot2246reviewl.doc
INFORMATION AVAILABLE
Sheet #1 — Cover Sheet
Sheet #2 — Preliminary Plat of Otsego Meadows, dated 5/10/02 b
Associates, Inc. y John Oliver &
Sheet #3 — Preliminary Plat of Otsego Meadows Golf Club, dated 5/10/02, b John
Associates, Inc. Y Oliver &
Sheet #4 — Preliminary Plat of Otsego Meadows Golf Club, dated 5/10/02 b Y John Oliver &
Associates, Inc.,
Sheet #5 — Preliminary Plat of Otsego Meadows Golf Club, dated 5/10/02 b
Associates, Inc. , Y John Oliver &
Sheet #6 - Preliminary Grading Plan for Otsego Meadows Golf Club, dated 5/10/02 b
Oliver & Associates, Inc. y John
Sheet #7 - Preliminary Grading Plan for Otsego Meadows Golf Club, dated 5/10/02
by John
Oliver & Associates, Inc.
Sheet #8 - Preliminary Grading Plan for Otsego Meadows Golf Club, dated 5/10/02 b
Oliver & Associates, Inc. y John
Sheet #9 - Preliminary Utility Plan for Otsego Meadows Golf Club, dated 5/10/02
Oliver 8& Associates, Inc. b y John
Sheet #10 - Preliminary Septic Layout for Otsego Meadows Golf Club, dated 5/10/02 b
John Oliver & Associates, Inc. y
City of Otsego Engineering Manual
City of Otsego Aerial Topo Maps
Wright County Soil Survey
National Wetland Inventory Map, 1991
G:\MunicipalAOTSEGO2000\2246\ot2246reviewl.doc
COVER SHEET
1. Vicinity map shall include a larger area to show major landscape features i.e. 1 -
Mississippi River). ( 94,
PRELIMINARY PLAT
1. Kagan Avenue cul-de-sac is longer than the required minimum length of 500' a
should be named Kagan Court. (Section 21-7-6.A.) nd it
2. We recommend reconfiguration of the two stage cul-de-sac of 89th Circle / 88th Circl
The overall length is undesirable for emergency services. (Section 21-7-6.A.) e.
3. Street intersection jogs with centerline offsets of less than 200' are prohibited.
Please revise Keading Avenue NE / 90th Street NE / Private Drive intersection &
Keading Avenue NE / 92"d Street NE / Private Drives intersection. (Section 21-7-7.E.
4. Consider crossing creek at more of a right angle. )
5. A 100' tangent shall be introduced between reverse curves. (Section 21-7-7.C.
6. Label all horizontal curve information.
7. Show boundary lines between different property owners of adjoining land within 150'
of the plat. (Section 21-6-2.B.6.)
8. Typical street sections shall be shown on the preliminary plat. (Section 21-6-2.C.1.
9. The minimum lot area for a detached townhouse is 9,000 SF. The minimum lot are
per dwelling unit for a attached townhouse is 5,000 SF. a
10. Setbacks proposed are less than required.
11. Show and label all easements.
PRELIMINARY GRADING DRAINAGE & EROSION CONTROL
1• Skimmer structure shall be utilized for all sedimentation basins. (5.0.E.7.)
2• Erosion control practices shall comply with the Minnesota Pollution Control Agency's
Best Management Practices. 9 enc Y
3. All storm water run-off must be diverted into a sedimentation basin before entering
the natural drainage system. The natural drainage system can be used for rate
control. (Section 21-7-16.F.)
4. Provide 2 -year, 10 -year, and 100 -year elevations for all ponding areas with draina e
easements sufficient to cover areas inundated at the 100 -year event. g
G:\MunicipallAOTSEGO2000\2246\ot2246reviewl.doc
PRELIMINARY UTILITY PLAN
1. Although the plat may not be connected to the possible West City water System, the
Development's water system must be designed to City Standards for possible future
connection. Therefore, a 250' radius of a hydrant for low density residential and 150'
radius for med-high density or commercial must cover all buildings.
PRELIMINARY SEPTIC LAYOUT
1. Adequate information has not been provided to review the proposed sewage
treatment system. Standard systems shall be provided per Minnesota Rules Chapter
7080.
2. Drain fields would need to be in areas of undisturbed ground.
OTHER CONSIDERATIONS
1. All site wetlands need to be delineated in accordance with the 1987 Army Corps of
Engineers Wetland Delineation Manual and the Wetland Conservation Act. The limits
of the wetland shall be shown on the grading plan. The plans show delineation
boundaries, but we have not received the report.
2. A review and statement related to environmental concerns is necessary. Is there any
surface or buried waste within the boundaries of the property? Are there any other
known environmental concerns -with the site? (Section 21-6-2.8.10.)
3. Several lots have cross drainage from lot to lot. Revise grading or provide all cross
drainage locations with a drainage & utility easement.
4. Submit a hydrology report.
5. Submit geotechnical data prepared by a qualified soils engineer. (Section 21-6-
2.B.11.)
6. Connection to the possible future city sanitary system has concerns such as:
a. Leapfrogging of Development
b. Precedent issues of providing sanitary sewer to other possible development
outside the Phase 1 Sanitary Sewer District.
C. Considerable quantity of sanitary sewer allocation to areas outside the Phase
1 District when development pressure is great near Albertville.
SUMMARY AND/OR RECOMMENDATION
1. We recommend approval of Preliminary Plat with issues mentioned being addressed.
G:w un icipai\AOTSEGO2000\2246\ot2246reviewl .doc
ITEM 3. 3.
114ORTHWaST ASSOCIATRID �0���������3 11AC1
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9337 planners@nacplanning.com
MEMORANDUM
TO:
Otsego Planning Commission
FROM:
Daniel Licht
DATE:
12 June 2002
RE:
Otsego - Zoning Ordinance Update
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
purpose of this memorandum is to provide preliminary language for the various Zoning
Ordinance updates for discussion by the Planning Commission.
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 byir4etw-fff9-r!2
(4/5's) vote of t' ir. entire Gity Geunei4 a majority vote of the ity 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 afour-fifth's 4/6s 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 fetir fifth's
(mss) 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.
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
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:
2
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 withing 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
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
K
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.
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.
20-16-7.D Residential Bufferyards.
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.
F41
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.
b. Walls And Fences: All walls and fences erected within
designated buffer yards shall adhere to the following:
1. Only walls and fences formally approved as part
of the subdivision and site plan process shall be
permitted within required bufferyards.
2. Continuous walls or fences shall not be allowed.
The maximum length of any single fence
segment shall be sixty-four (64) feet with at least
thirty-two (32) feet between fence segments.
3. At least fifty (50) percent of the street side of a
screening fence shall be landscaped with plant
materials. Plant materials shall be at least equal
to the fence height.
E
4. Exposed fences shall run a maximum length of
fifty (50) feet between landscaping areas or
clusters.
5. The material, design, and color of the screening
wall or fence shall be uniform along its entire
length.
C. Earth Berms:
1. 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 and/or fence
shall be the responsibility of the individual property
owners or, if applicable, the homeowners' association.
b. Any modifications to the screening wall or fence shall
require the approval of the Zoning Administrator.
C. All repairs to the fence or wall shall be consistent with
the original fence design in regard to location and
appearance.
.,1
d. Replacement of landscape materials or plantings in a
buffer yard area shall be consistent with the original
screen design.
e. 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 comer 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
78' 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:
5. Reauired Front Yards and Side Yards of Corner Lots:
a. Fences extending across required front yards or a required
side yard whieh that abuts a street on a corner lot shall not
exceed forty-two (42) inches in height and shall be at least
seventy-five (75) percent open space for the passage of air
and light, and shall maintain tl ie t, affie viSILJI IL
ef Section 20-16 8 of LI -is (31 , except as provided for by
Section 20-16-6 J 5 b of this Chapter.
b. A fence with a height greater than forty-two (42) inches and
less than seventy-five (75) percent open space may be
constructed within the required rear yards and side yard of a
comer 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. The fence @lona 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 building
line of the principal use
4. On lots where no bufferyard has been established
pursuant to Section 20-16-7.D of this Chapter at least
fifty (50) percent of the street side of the fence shall be
7
landscaped with dant materials that will grow to the
height of the fence.
C. All fences located within any required yard abutting a public
right-of-way 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
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 eenditional use administrative permit in
the A-2 District and by conditional use permit in the R -C Zoning
Districts, provided:
The applicable provisions of Section 20-4-2.17 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'/2) acres.
3. Farm animals may not be confined in a pen, feedlot, or
building within two hundred (200) feet of any R-1. R-2. R-3. R-
4 R-5, Rte, R-7 or R -MH Residential District property line not
owned or leased by the operator.
1,
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
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:
A+ 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.
9
--81. 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:
{-1 ja. In a case where a new structure is constructed
or is proposed for construction for the purpose of
housing additional animals.
{2jb. In a case where a lagoon or earthen basin
associated with an increase in animal units is
constructed or proposed for construction.
(3)c. 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.
k5 -}e. 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.
(6}f. 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_ Ongoing violations of other City ordinances.
B. Rural Serviee Afee Registered Feedlots: Those
feedlots registered with the City by October 1. 2000
pfesenfly existing within the Rural Serviee Area,
10
Plan,desigmated by the Gornprehensive
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:
(1) Owner's 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.
11
(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.
(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
12
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.
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 th
,
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:
13
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 defined by
the Gemprehensive Plan, whieh that are registered per Section
20-27-2.13 provided that:
20-27-513. Construction of new buildings or expansion of existing
buildings for the purpose of housing farm animals for existing
feedlots im
the S..Mee A .e that are not registered in
accordance with Section 20-27-2.13 and existing feedlets i
Urban Serviee Area shall be subject to the provisions of 20-27-
5.A above and require approval of a conditional use permit.
Development Signs. Section 20-37-5.B.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 teeafed upon the
projeet 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
this Seetien- may be allowed for each arterial street
approach to the property which may not exceed sixty-
four (64) square feet and a maximum height of 15 feet.
14
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. Signs shall be setback not less than twenty (20) feet from any
property line
d. Signs may be illuminated provided that the light source is
downcast and shielded to prevent glare onto adjacent
properties or the public right-of-wgy.
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:
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:
15
Lots of Record and
Preliminary Platted Lots
Lots of Record
Established Prior
After
To
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:
15
A. The division she!' have a fninirmum of one hdndfed fifty
The division
shall conform to all the lot area, density, and setback
requirements of Section 20-51-6 of this Chapter.
BD. 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.
EG. The site is capable of accommodating a private well
and septic system.
Section 20-51-51 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 part
of ihe " for lots of record and
preliminary platted lots established prior to , provided that:
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.
16
4. The provisions of Section 20-4-2.17 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
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:
Lots of Record and
Preliminary Platted Lots Lots of Record
Established Prior After
To
1. Minimum Lot area: 1 acre 20 acres
2. Minimum Lot width: 150 feet 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:
17
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.
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 20-4-21 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.
ig
Sideyard 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
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 sideyard 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:
Divided
A-1 District Lot
Future
side lot
line
I �
• � I
I �
I i I
� I
I •M �
i
� I
I i
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
19
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
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 2.00ac.
10%
2,500sf.
2.01 ac. to 4.00ac.
10%
10,000sf.
4.01 ac. and larger
20%
40,000sf.
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.
20
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.
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:OOAM to 10:OOPM
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
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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:
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
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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
residential property shall not exceed four -
tenths (A) 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.
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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:
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
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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.
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
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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.
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:OOPM and sunrise.
2. Flashing lights.
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. The Planning Commission is scheduled to begin discussion of these
issues at their meeting on June 17, 2002. Following discussion of the issues outlined
herein, the Planning Commission may direct changes, request more information, and/or
call for a public hearing.
If there are any questions on this material in advance of the Planning Commission
meeting, please do not hesitate to call me at 952.595.9636.
pc. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
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