ITEM 3.2ITEM 3_2
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCO Plan ningCo.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 14 January 2016
RE: Otsego — Zoning Ordinance Update
TPC FILE: 101.01
The City has initiated an update of the Zoning Ordinance and Subdivision Ordinance
following adoption of the 2012 Comprehensive Plan. This memorandum forwards
revisions to Sections 16 as well as 18 and 19 of the Zoning Ordinance for Planning
Commission that were previously reviewed, as well as revised business and industrial
districts. We have provided the complete text of each section so that the changes can
be reviewed in context and also to allow for additional discussion by the Planning
Commission.
Exhibits:
A. Draft Zoning Ordinance Sections 16, 18-19, 38, 70, 75-79, 85-86
ANALYSIS
■ The regulations in Section 16 of the Zoning Ordinance are general standards that
apply generally to land uses within the City. In revising this section, City staff
sought to simply and minimize the extent of the provisions within Section 16 and
move frequently referenced standards to be stand-alone sections. These
changes include:
o Moving regulations for accessory buildings, swimming pools, refuse, and
sales in residential districts to be incorporated as Section 18 of the Zoning
Ordinance.
o Moving regulations for fences, landscaping and required landscaping and
screening as Section 19 of the Zoning Ordinance.
■ Temporary dwelling units allowed by Section 20-16-2.E of the Zoning Ordinance
are to be processed specifically as administrative permits. Redundant provisions
within this subsection related to processing of such requests, variances and fees
have been deleted.
Language is added in Section 20-16-2.G specifying provisions related to
development of outlots clarifying the situation that occurred with the Justen
Addition whereby the City Council approved a preliminary and final plat to
establish an outlot into lots and blocks to allow for development of single family
dwellings.
City staff proposes to revise the provisions for traffic visibility triangles outlined it
Section 20-16-4 to allow for measurement in the field based on the edge of
pavement or curb line versus property lines. Exceptions to the traffic visibility
triangle requirements are also specified to avoid potential conflicts in regulations
outlined in the Zoning Ordinance and/or City Code.
The City Engineer has reviewed Section 20-16-5 of the Zoning Ordinance related
to drainage plans to ensure consistency with the provisions included in Chapter 4
and Chapter 6 of the City Code and the Engineering Manual. A provision
requiring the lowest floor of a structure to be a minimum of three feet above the
ground water is added as a flood protection measure for lots created after the
effective date of the ordinance amendment. Also, existing Section 20-16-22 of
the Zoning Ordinance addressing temporary storage of fill is deleted in favor of
existing language in Chapters 4 of the City Code.
■ References to MPCA management rules for smoke, dust, odor, and noise are
updated to reflect current provisions.
■ Requirements for sewage disposal systems are revised to reference more
comprehensive regulations adopted within Chapter 6 of the City Code.
■ Provisions addressing accumulation of waste of waste materials to City utilities is
revised to reference more comprehensive regulations in the City Code.
■ Regulations governing uses in public rights-of-way is relocated from Section 18
and is revised to reference Chapter 6, Section 6 of the City Code.
■ Standards related to accessory buildings and uses are grouped together as a
revised Section 18:
o The exception for farm properties is clarified that only uses meeting the
definition of agricultural purposes previous adopted are exempt and only
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as it relates to accessory building area, building type and construction and
height. Farm buildings remain subject to applicable setback requirements.
o Section 20-18-2.C.1 is clarified to specify that detached accessory
structures for single family and two family uses are prohibited in front
yards (closer to the street than the dwelling) within residential zoning
districts.
o Additional language is added to Section 20-18-3.A.2 to clarify allowance of
outdoor storage for recreational vehicles, trailers and other equipment
regarding location, setbacks and surfacing requirements.
o Standards for waste and recycling containers are revised to allow single
family dwellings to keep these receptacles outdoors in a side or rear yard
based upon the type of receptacle that is now common.
■ Standards related to landscaping, fences and required screening are codified
together as a revised Section 19 (existing provisions related to building relocation
will be temporarily moved to Section 38).
o Comprehensive regulations addressing general landscaping were added
to Section 5 of the City Code, which are incorporated by reference into the
Zoning Ordinance.
o The City has required installation of two trees per single family lot as part
of final plat approvals but this standard was not included in the Zoning
Ordinance. To ensure that the requirement is enforceable, language is
added as Section 20-19-2.B.1
o The listing of specific allowed plant types is eliminated in favor of plants as
approved by the Zoning Administrator to allow flexibility in addressing site
specific issues or issues that may arise with specific plant types (Emerald
Ash Boarer).
o The landscape guarantee requirement is revised from two years to one
year consistent with Nursery practices.
o Provisions regarding fences include additional language regarding
determination of property boundaries requiring the property owner to
locate the corner irons or the City may require either a survey to identify
property lines in the field or agreement from the abutting property owner
as to the location of the fence. The intent of this language is to ensure
that the fence is located entirely upon the property of the person erecting it
and avoid disputes in the future.
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o Fences used as required screening or for commercial and industrial uses
would be required to use vinyl, masonry or composite products (or chain
link when not a screening fence) to ensure long-term maintenance.
The R -B, Residential Business District and B-1, Neighborhood Business District
are to be combined as a single B-1, Transition Business District. This district
provides for a limited range of business uses along with allowance for mixed
uses and residential uses (including senior housing facilities). This district would
be anticipated to be utilized in areas between planned residential and
commercial areas to provide for a desired transition in land use intensity. The
listing of allowed uses has also be alphabetized and updated with regarding to
section references.
The existing B -W, Business Warehouse District and B -C, Business Campus
District are proposed to be combined as a single B-4, Business Office District.
The range of uses is consistent with office and warehousing type uses, with more
intensive manufacturing or assembly uses allowed as a conditional use. As a
business district versus industrial district, the B-4 District will have a higher
standard of architecture and site design requirements as currently provided for in
the B -W and B -C Districts. The proposed B-4 District will correspond to areas
guided for office uses on the Future Land Use Plan adopted as part of the
Comprehensive Plan. The listing of allowed uses has also be alphabetized and
updated with regarding to section references.
The uses allowed within the B-2, Highway Commercial District and B-3, General
Business District have been revised to use contemporary terms and terms more
generalized so as to not inadvertently exclude a potential business. The
primary distinction between the B-2 District and B-3 District is allowance of traffic
intensive uses such as motor vehicle sales and theaters as conditional uses
within the B-2 District. The City has the greatest discretion regarding uses
allowed within respective zoning districts and the designation of those districts
upon the Zoning Map to implement the Future Land Use Plan and this approach
with two districts maximizes that discretion. The listing of allowed uses has also
be alphabetized and updated with regarding to section references.
The 1-1,Limited Industrial District is revised as the 1-1, Light Industrial District.
The listing of allowed uses is updated to include contemporary references.
Interim uses for outdoor sale or storage are limited only to accessory uses not
more than 30 percent of the lot area. The revised 1-1 District will be intended to
allow for development of additional industrial uses within the East Sewer District
with characteristics similar to that to the Gateway North Industrial Park. At the
same time, the 1-2, General Industrial District will continue to allow for
development of industrial uses outside of the TH 101 corridor with a wider range
or more intensive industrial uses and continuing to allow outdoor sales or storage
uses as a principal and/or accessory use. The maximum height allowed within
each Zoning District is also proposed to be increased to 48 feet to accommodate
current industrial building trends.
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CONCLUSION
The Planning Commission will review the proposed Zoning Ordinance amendments for
at a public hearing on 19 January 2015. Our office recommends approval of the
proposed amendments in the form presented.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
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