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01-06-03 PC"Q&THWIST Jk%%QCMATtD c®"SukTANTS" M"C' 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 - F&F Foodmart; Retail Expansion REPORT DATE: 1 January 2003 APPLICATION DATE: 12 December 2002 NAC FILE: 176.02 - 02.43 CITY FILE: 2002 - BACKGROUND Mr. Clem Darkenwald is proposing a 6,000 square foot addition to the multiple occupancy commercial building located at the southeast corner of TH 101 and CSAH 42. The existing building has a floor area of 6,000 square feet and includes the F &F Foodmart convenience store with motor fuel sales, as well as retail tenants. The subject site is zoned B-3 District and is guided for commercial uses by the Comprehensive Plan within the east sanitary sewer service district. The application involves site and building plan review for the proposed expansion. An application for a Zoning Map amendment is also being considered for a 0.57 acre parcel of land to be added to the subject site by administrative subdivision to accommodate the proposed building addition. Exhibits: A. Site Location B. Site Plan C. Proposed Survey D. Building Elevation E. Grading Plan F. Utility Plan ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial use within the east sanitary sewer service district. The existing and proposed retail use of the property is consistent with the direction of the Comprehensive Plan. Zoning. The subject site is zoned B-3 District. This district provides for a wide range of retail and services uses intended for patronage by area residents and transient customers from TH 101. Retail uses are a permitted use of the B-3 District. Any use that is proposed to occupy the building that is a conditional use will require subsequent application for a conditional use permit. The existing convenience store with motor fuel sales is a conditional use within the B-3 District. As the proposed building expansion does not substantially effect the convenience store with motor fuel sales, no amendment of the current CUP is being processed. The conditions of the CUP amendment approved 26 June 1995 remain in full effect. To accommodate the proposed building expansion, the applicant is proposing to add 0.57 acres to the subject site from the abutting property to the south. The property to the south is used for the private wastewater treatment plant site that serves the Riverbend Mobile Home Park (and is also proposed to serve the subject site). The abutting property is zoned R-3 District and its addition (by administrative subdivision) to the subject site requires rezoning to B-3 District. Requests for rezonings are to be considered based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment. The Comprehensive Plan encourages in-place expansion of existing commercial uses, which the rezoning will accommodate. The expansion of the commercial site is of such a limited scale so as to remain consistent with the boundary between the commercial and low density residential uses identified on the land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The pond on the abutting property to the south ensures that the desired separation of commercial and residential use occurs and that the rezoning will not negatively impact land use compatibility in the area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). K Comment. The use of both parcels will conform to applicable requirements of the Zoning Ordinance. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed rezoning will have the effect of expanding commercial location opportunities within the City of Otsego which is a primary goal of the Comprehensive Plan. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use will generate additional traffic that will be within the capacity of CSAH 42, which is the primary access to 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. Building Design. The existing building is a 6,000 square foot one-story structure with a pitched roof. The existing exterior building finish includes a brick base below vinyl lap siding. The roof has asphalt shingles. The proposed expansion has an area of 6,000 square feet within one-story and provides an extension of the existing roofline. The exterior building materials include a brick base below what appears to be a stucco or artificial stucco (the exact material will need to be specified). The lap siding on the existing portion of the building is also shown to be replaced with the masonry material. The use of these materials exceeds the requirements for the exterior finish of commercial buildings outlined in Section 20-17-4.B.1 of the Zoning Ordinance. The one-story building height is also less than the maximum 35 foot building height allowed in the B-3 District. Landscaping. The site plan includes the addition of deciduous, coniferous, and shade trees at the perimeter of the site to supplement existing vegetation. The type and size of the proposed plantings are appropriate and consistent with the requirements of Section 20-16-7 of the Zoning Ordinance. 3 The site plan also identifies an existing tree line along the south edge of the site. The proposed site and building expansion will result in a loss of some of this vegetation. The location of any significant trees and the measures to protect the vegetation that is to be saved should be further identified. Lot Requirements. The table below illustrates the proposed lot sizes and applicable setbacks for the subject site and property to the south. As detailed above, the applicant is proposing to add 0.57 acres to the subject site from the abutting property through an administrative subdivision. Execution of this administrative subdivision must be completed prior to issuance of any building permit or site work for the proposed expansion. The two parcels meet or exceed all minimum lot requirements. The site plan illustrates a 130 foot setback from the rights-of-way for CSAH 42. The 130 foot standard is applied when the road exists only by prescriptive easement. In cases where right-of-way has been platted, the 65 foot setback standard is applied. The difference between the two requirements allows for additional buildable area on the subject site. Access. The subject site has two accesses to CSAH 42 near the north end of the property. These access points, installed in 1985 when the site was originally approved by Wright County are non -conforming as to width and possibly intersection spacing. However, these access points are necessary in order to allow adequate circulation of the site by fuel trucks and other delivery vehicles. As the proposed expansion does not effect the access points they may remain unaltered as a legal non -conforming condition. Off -Street Parking/Loading. The existing use of the property requires 26 stalls as calculated in 1995 as part of a CUP amendment for the motor fuel facility. The proposed 6,000 square foot expansion requires an additional 22 stalls based on a ratio of one stall per 250 square feet of net floor area. As such, a total of 48 stalls is required. The site plan provides for 83 stalls, an overage of 35 stalls. Consideration should be given to eliminating or revising the area with 16 stalls and the trash enclosure to the east of the building adjacent to CSAH 42 to reduce impervious surfaces. 12 Lot Area Lot Width Setbacks Front Side Rear Parking Street Interior Subject Site Required (B-3) 1.0ac. 200ft. 65ft. 65ft. 20ft. 15ft. 5ft. Proposed 2.2ac. 100ft. 75ft. 35ft 30ft. 10ft. Abutting Property Required (R-3) 1.0ac. 150ft. 65ft. loft. 65ft. NA Proposed 6.1 ac. 570ft. 65ft. 515ft./ 34ft 240ft. The two parcels meet or exceed all minimum lot requirements. The site plan illustrates a 130 foot setback from the rights-of-way for CSAH 42. The 130 foot standard is applied when the road exists only by prescriptive easement. In cases where right-of-way has been platted, the 65 foot setback standard is applied. The difference between the two requirements allows for additional buildable area on the subject site. Access. The subject site has two accesses to CSAH 42 near the north end of the property. These access points, installed in 1985 when the site was originally approved by Wright County are non -conforming as to width and possibly intersection spacing. However, these access points are necessary in order to allow adequate circulation of the site by fuel trucks and other delivery vehicles. As the proposed expansion does not effect the access points they may remain unaltered as a legal non -conforming condition. Off -Street Parking/Loading. The existing use of the property requires 26 stalls as calculated in 1995 as part of a CUP amendment for the motor fuel facility. The proposed 6,000 square foot expansion requires an additional 22 stalls based on a ratio of one stall per 250 square feet of net floor area. As such, a total of 48 stalls is required. The site plan provides for 83 stalls, an overage of 35 stalls. Consideration should be given to eliminating or revising the area with 16 stalls and the trash enclosure to the east of the building adjacent to CSAH 42 to reduce impervious surfaces. 12 A five foot wide designated loading area is shown along the east side of the building. The width of the striping should be increased to at least 10 feet as required by Section 20-22- 6.A of the Zoning Ordinance. Further, the drive aisle adjacent to the designated loading area must be 24 feet wide (outside of the designated loading area). The site plan must be revised to meet these requirements. The site plan identifies installation of concrete curb for the expanded parking lot which has an asphalt surface. All of the stalls must be painted on to the surface of the parking lot. Lighting. The site plan indicates that a number of existing light fixtures are to be salvaged and relocated to other locations as part of the expansion. These fixtures and any new fixtures to be installed must fully conform with the requirements of Section 20-16-10 of the Zoning Ordinance. This includes a fully hooded light element with a 90 -degree horizontal cutoff and maximum fixture height of 25 feet. Trash. The site plan identifies a trash enclosure to be located to the east of the building. The location of the trash enclosure must be relocated to meet the 65 foot setback from CSAH 42. Plans for the materials used for construction of the enclosure must also be provided for approval. The landscape plan should be modified to provide some additional shrub material around the trash enclosure. Signs. No plans for signs have been provided. A comprehensive sign plan should be provided for the entire building identifying the location of individual tenant wall signs. Only one free-standing sign is allowed per property. One free-standing sign currently exists on the property and no others will be allowed. Installation or replacement of any signs requires a sign permit and conformance with Chapter 37 of the Zoning Ordinance. Utilities. The existing building is served by an on-site well and septic system. As part of the expansion, the applicant is proposing to abandon the on-site septic system and connect to the private wastewater treatment plant serving the Riverbend Mobile Home Park. Use of the private wastewater treatment plant for sewage service of the subject site will require an agreement with the City. This agreement is subject to review by the City Attorney and approval of the City Council. The utility plan design and closure of the existing on-site sewage system is subject to review and approval of the City Engineer. Grading and Drainage. A grading and drainage plan has been submitted for review and approval of the City Engineer. The grading plan shows two retaining walls near the south end of the building, which are necessary to cutback the existing hill to provide for the circulation aisle around the building. The height of the retaining walls should be specified and their construction is subject to review and approval of the City Engineer. 5 CONCLUSION The proposed expansion of the F & F Foodmart Building at the southeast corner of TH 101 and CSAH 42 is generally consistent with the performance standards of the Zoning Ordinance. Further, the proposed Zoning Map amendment is a minor issue related to an equally minor boundary line adjustment necessary to accommodate the proposed building expansion. Assuming the Planning Commission and City Council make similar findings, we recommend approval of the applications as outlined below. Decision 1 - Zoning Map Amendment A_ Motion to approve a Zoning Map amendment for that property to be added to the F&F Foodmart site rezoning it from R-3 District to B-3 District. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table the request. Decision 2 - Site and Building Plan review: A. Motion to approve site and building plans for a 6,000 square foot retail space addition to the F&F Foodmart, subject to the following stipulations: The conditions of the CUP amendment approved 26 June 1995 for motor fuel sales remain in full effect. 2. Exterior building finishes are specified and shall conform to the requirements of Section 20-17-4. B.1 of the Zoning Ordinance. 3. The landscape plan is revised to identify proposed tree preservation measures and significant trees to be saved along the south lot line and additional shrubs are provided adjacent to the trash enclosure, subject to City Staff review and approval. 4. An administrative subdivision for adding 0.57 acres to the subject site from the property to the south must be completed prior to issuance of any building permit or site work for the proposed expansion, subject to review and approval of City Staff. 0 5. The site plan is revised to eliminating or reduce the number of parking stalls to the east of the building adjacent to CSAH 42 and to provide a 10 foot wide designated loading area with an adjacent 24 foot wide drive aisle, subject to review and approval of City Staff. 6. The reinstallation of existing light fixtures or any new light fixtures must fully conform with the requirements of Section 20-16-10 of the Zoning Ordinance. 7. The site plan is revised such that the trash enclosure meets applicable setback requirements from CSAH 42. Plans for the construction of the trash enclosure shall be submitted for approval of City Staff. 8. Installation of all signs or replacement of any existing signs requires a sign permit and conformance with Chapter 37 of the Zoning Ordinance. 9. Connection to the private wastewater treatment plant for sewage service of shall require an agreement with the City, subject to review by the City Attorney and approval of the City Council. The utility plan and closure of the existing on-site sewage system is subject to review and approval of the City Engineer. 10. All grading and drainage issues (including retaining wall construction) are subject to review and approval of the City Engineer. 11. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the requirements of the Zoning Ordinance. PC. 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Ca [ya Q yNMlNwf [dIN[Ci t0 EX rHE CCN:RACiCR TSHALL IA IMMEDTELY NOTITY THE ENGINEER jE V y x _1: L_iL•• m `9nseNG Aplt-er-vT.v �N 2M� J OF DISCREPANCIES OR VARIAPCN$ FROM ;HE PLANS. i / RW WEN x• Do 6 1Q ; J`J CONTRACTOR SHALL CONTACT 'GOPHER STAT ONE CALL- + M NMR[ O?M[CMN �VNN fTIlf yM Y -•'IH' Mft • •� TO EXASA-000x) FCR Ut1UTT LOCATIONS. b HOURS PRIOR j--��\\'[�� � ro EXCAVATION. a -_` •i _.� .1 F• IOPfLI.N••���-"—����-- - SANITARY SE'AER ! 5i0Ru SE"AEF CONSTRUCTION SHALL lyI L ♦. i ' U SIIIAN KAy AS REC[SlARY C CONFORM i0 THE CURRENT EDITION OF 'STANDARD /• ------ jl �,� 1"STAL ATISPECOCACNS FOR WATER MAIN AND SERVICE UNE 1\\/IWy'II {• 1 + ! I I I I I I Imo) ! t�•� - __�—.._-•,--.�0_._.-a- .— •—y—• ---•"-"v '� ! I INSTALLAI, N AND SANITARY .1 THE AND ENCI SETS 1� H' INSTALLATION- A$ PREPARED BY INE CN ENGINEERS �in) I O E' I ASSCCIA'ICN OF NNNESOIA. ' •••A „-T5 �, ' REFER TO SITE PLAN FOR CURRENT HORIZONTAL DIMENSIONS AHD LAYOUT. ! •t civ ' % • '• A VINIMUM OF 7.5 FEET Or COVER IS REQUIRED OVER ALL l, FORCEMAN, UNLESS OTHERWISE NOTED. Of 16 INCHES OF VERTICAL SEPARATION AND 10 1 1 I �: •I C FEET OF HORIZONTAL SEPERAnON IS REWIRED fOR ALL UTILITIES, UNLE55 OTHERWISE NOTED. Ji �A IaYT'Rr�iryP,,'' LL// v/ 1 1 O !P RApY6 2E _ I FCRCEVAIN TO BE .-ONE PRESSURE SEWER OR APPROVED L' TT �W�Mg fI, rpRGLVY11NeER PREFp>Qp J!' RF/ flay gIRR -� EWIVALENT. FORCEYAIN PIPE SHALL BE HOPE SDR 11 IN L ag I IWITAN r 1•IL SIRA110N ACCOIIDANCE WITH MANUFACTURER'S SPECIFICATIONS. IAID t s TO A PRESSURE OF ISO PS, r f �OIaA qNr� a FIENDS M SANITARY SEWER FOACEYAIN $HALL BE BY PIPE 1 I Illy "uhl", DEFLECTIONS, MADMUM DEFLECTION PER MANUFACTURER'S n :L e ! I RECOMMENDAnON5. CTSIMACT PRIOR TOCdNEC11CN iOTMPIIB C YniSECA, b NWRS y ! E S L L v Q' A L ' •) ALL TABOR, AND EQUIPMENT REQUIRED TO YANG ' I I SANITARY SEWER NER CONN CONNECTION. AS WELL AS, REPLACEMENT TI L L I i I I OF SITE CONCITONS ASSOCIATED WITH CONNECTION ARE INCLUDED IN INE UNIT PRICE FOR CONNECTION TO En51WG SANITARY. _j SANICORTARY FORCEMAIN AS SANITARYACTOR WAS THE WYM TO THE ENGINEER. ALL O I R STCRE THE SIM THE SALS. AND OMITA.RYT PORCEIAANRECUMED F �EO E SCALE® �••� `\'� I INCLUDED N THE UNIT PRICE T PRICE OF INSTALLING TK FORCEXIAN. I 190- : T € 890 ! IBS - } - f .. ! I -_1 i�- r - <a i 865 180 _ _ +. mN <Crz _- i t 880 175 _.. _ _ ` __ __ --._ _.. -._ - Ex kB.ABL_:_.�._.:__�. : 875 I�AI 170 '._._...T n _.__.. _ - ---- ............. e� T ps 870 o -R 6.1c�0'--- i j € 65 FRaNm aADE i j ! ! -. - i .. Iii _ ------- "1 _ i..-_ _i.:-_ i.� __ ._ice -_- 665 : € L \, }. NNwNSAna FARE 60j._i E --_ i --.._ + _ _ 860 3r W ix j j ! _� 55 .._. 4N tQpm _ _, _ 14 Ic yt �csa IN ! € € !E ! i - i I ! i....- _1 - _ 5 pa3 Zp . OL snu Aw i 's 50 a : _ _ 850 as 45 - -.. _.... m ! _.. ........ .__. _ _ '_ '_ _ .:_.A ..:+-_'_ 845 i .. , -Tr lL € € € L =€ EXHIBIT F to+oo I2+oo I +oo i +o 18+00 ASSOC1114mb INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: Daniel Licht RE: Otsego - Pleasant Creek Farms; Preliminary/Final Plat REPORT DATE: 31 December 2002 APPLICATION DATE: 4 December 2002 NAC FILE: 176.02 - 02.42 CITY FILE: 2002 - BACKGROUND Darrel A. Farr Development Corporation has submitted plans for a preliminary/final plat entitled "Pleasant Creek Farms" consisting of one lot and two outlots. The 164 acre property currently exists as six separate parcels located southeast of CSAH 19 and 8011 Street. The purpose of the subdivision is to combine and re -divide the parcels in such a manner as to facilitate sale of one outlot to another developer. The City's sanitary sewer facilities plan identifies the location of the west waste water treatment plant at the southwest corner of the subject site and the City's intent is to acquire Lot 1, Block 1 for this purpose. Procedurally, a preliminary/final plat is required because the applicant has divided the subject site by administrative division within the last five years and the result of the subdivision is more than two parcels. The subject site is within the west sanitary sewer service district and guided for medium- high density residential uses and low density residential uses by the Comprehensive Plan. The subject site is currently zoned A-1, Agriculture Rural Service Area District. A rezoning to INS District is being processed along with the preliminary /final plat applicable only to Lot 1, Block 1 for the purpose of allowing future construction of the waste water treatment plant. Exhibits.- A. xhibits: A. Site Location B. Preliminary/Final Plat 2. The proposed use's compatibility with present and future land uses of the area. Comment. The proposed use is an essential service necessary to allow for development of the land uses guided by the Comprehensive Plan. The selected site was chosen based the functional needs of the waste water treatment plant and its relative isolation from existing development in the area. New development of the land uses surrounding the waste water treatment plant will need to consider its location, but no significant impacts are anticipated based on the type of facility planned. Measures taken in the design of the facility to ensure compatibility with surrounding land uses will be more fully explored during the required CUP process. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The use will conform to all applicable performance standards, which will be subject to review as part of a subsequent CUP process. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed use is anticipated to have a positive effect on the area in that it is essential to allow for development of the urban land uses guided by the Comprehensive Plan. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate significant additional traffic. 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 essential to the City's planned service capacity for the west waste water treatment plant. 3 Park Dedication. Preliminary/Final platting of Lot 1, Block 1 requires satisfaction of park and trail dedication requirements. Outlots A and B would be subject to park and trail dedication requirements at the time they are replatted into lots/blocks. Section 21-7-18 of the Subdivision Ordinance requires that non-residential properties dedicate a minimum of 10 percent of the gross area of the plat or an equivalent cash fee in lieu of land. Waiver of park dedication requirements may be one form of compensation granted to Farr Development Corporation for acquisition of Lot 1, Block 1. Park dedication requirements are subject to approval by the City Council and will be addressed as part of the development contract. Development Contract. Upon approval of the preliminary/final plat, the applicant will be required to enter into a development contract, provide applicable fees and securities and abide by all of its conditions. The development contract is subject to review and approval of the City Attorney. CONCLUSION The proposed preliminary/final plat of Pleasant Creek Farms is an interim step necessary for the City to acquire land for the west waste water treatment site and to facilitate the transfer of land between developers. Acquisition of a site for the west waste water treatment plant and its rezoning to INS District is essential for implementation of the Comprehensive Plan to establish urban land uses in western areas of the City to meet expected demand. To this end, the proposed preliminary/final plat and rezoning from A-1 District to INS District is appropriate and we recommend approval as outlined below. Decision #1 - Preliminary/Final Plat A. Motion to approve a preliminary/final plat for Pleasant Creek Farms subject to the following conditions: 1. The preliminary/final plat is revised to designate Outlot C as Outlot B. 2. No building permit shall be issued for Outlots A and B until such time as they are replatted into lots and blocks in conformance with the Zoning and Subdivision Ordinances. 3. Applications for zoning and subdivision approvals necessary for development of Outlots A and B are subject to the growth management policies and interim land use provisions outlined in the Comprehensive Plan. `1 m x x Wm D J ON THE GREAT RIVER ROAD NAC BADE MAP DAA PROVDED BY Hakcrwn Arickno -201 Ass=.,Inc. PREPARED OCTOBER 2001 NOTE: THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR EXACT MEASUREMENT. ma*THV#t%T ASSOCIATto CONSUkTANTS" MMIC. 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: 18 December 2002 RE: Otsego - Zoning Ordinance; Residential Privacy Fences NAC FILE: 176.02 - 02.15 BACKGROUND The City Council adopted a Zoning Ordinance amendment on 14 October 2002 that included an allowance for construction of a privacy fence up to six feet tall in the side and rear yards of lots abutting collector or arterial streets. In addition to other requirements outlined in Section 20-16-6.J.5.b of the Zoning Ordinance, these fences must be setback 10 feet from the property line and can not extend past the rear line of the principal building. City staff met with Allen Kuemper, 8477 O'Brian Avenue, at the Staff meeting on 7 November 2002 to discuss the recent amendments to the Zoning Ordinance for fences in side or rear yards adjacent to collector streets. Mr. Kuemper wishes to be able to construct a fence to the front line of the principal building such that a vehicle or trailer parked along side the garage is behind the fence and screened from view. Mr. Kuemper's garage also has a service door on the side of the building that would be behind the fence if it were allowed to be constructed to the front line of the building. Mr. Kuemper does not take issue with the 10 foot setback requirement. The City Council directed the Planning Commission to reconsider the performance standards. The Planning Commission briefly discussed the issue on 16 December 2002 and directed City staff to prepare an amendment for further consideration. Exhibits: A. Fence Diagram B. Ordinance Amendment 4. The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the rear front line of the principal building. 5. On lots where no bufferyard has been established pursuant to Section 20-16-7.D of this Chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence subject to the following standards- Lg� 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. 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. LqL Deciduous trees shall be planted not more than forty (40) feet apart. Evergreen trees shall be planted not more than fifteen (15) feet apart 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. CONCLUSION The Planning Commission is considering changes to the recently adopted Zoning Ordinance standards for privacy fences in side or rear yards abutting collector and arterial streets. The question is whether to allow these fences to be constructed to the front line of the principal building. The standards were originally drafted to limit the fence to the rear line of the principal building in order to maintain visual open space along the major roadway and at intersections. A more careful examination of the issue suggests that the fence could be constructed to the front line of the building without impacting visual open space or traffic visibility. Allowing the fence to the front line of the principal building would also provide greater opportunity to screen vehicles and recreational equipment commonly parked along side the garage. As such, our office supports the proposed Zoning Ordinance amendment. 3 CITY OF OTSEGO - FENCES ' • • • • • • FENCE NOT EXCEEDING 4 FEET IN HEIGHT AND HAVING AT LEAST 75 PERCENT OPEN AREA FOR PASSAGE OF AIR AND LIGHT --------- FENCE NOT EXCEEDING 6 FEET IN HEIGHT Current Regulation for a Corner Lot � PROPERTY LINE - - - - - - - - - - - - - - SET BACK 10 FEET ;SIDE •I I� �I I' I I. REAR , ' •iI� I; FRONT ;I I' • I (' SIDE ' �I -----=- --=' --J PROPERTY LINE ------- - - - - - � Proposed r-*� SET ET BACK 10 FEET SIDE ; ;I Regulation for a I' ' I I; Corner Lot l; REAR , ' •Ili I� FRONT I' •I ' SIDE EXHIBIT A 5. On lots where no bufferyard has been established pursuant to Section 20-16-7.D of this Chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence, subject to the following standards: (a) 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. (b) 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. (c) Deciduous trees shall be planted not more than forty (40) feet apart. Evergreen trees shall be planted not more than fifteen (15) feet apart. 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. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 13th day of January 2003. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 2