ITEM 4.3 Zoning ordinance update�fv
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DEPARTMENT INFORMATION
0#11IATWDEP'AR'TM'E'NT:'- #EUESTI:
Planning City Planner Licht
P ESENTER(s):
Consent Agenda
AGENDA ITEM DETAILS
RECOMMENDATION:
Request for
City Council Action
MEETING DATE:
13 May 2013
REVIEWED BY: ITEM :
City Administrator Johnson
.— Zoning Ordinance update
City staffrecommends City Council approval for the Planning Commission to initiate work on updates to
the Zoning Ordinance as well as related sections of the Subdivision Ordinance and City Code.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
No. 1.
BAG ROUNDIJU TIFI TI N:
With the adoption of the 2012 Otsego Comprehensive Plan by the City Council, attention now teras to
an update of the City's development regulations. Each section of the CitVs development regulations will
be reviewed in detail to identify needed updates. Our office has prepared an outline of significant
modifications to the Zoning Ordinance, Subdivision Ordinance and other related sections of the City
Code to define an initial scope of work for the update project. The City Council included $15,,000 in the
2013 budget for update of the Zoning and Subdivision Ordinance. Our office will complete the project
on a time and materials basis for a cost not to exceed $15,000 based on our current services contract.
Attendance at Planning Commission and City Council meetings would be billed separately from the
project budget for preparation of the proposed ordinance amendments.
The preliminary scope of word was reviewed with the Administrative Subcommitteeat their meeting on
8 May 2013. As part of the discussion it was noted that the Zoning Ordinance is a working document
that changes over time. New land uses not addressed by the current regulations are often identified
and there are on-going changes to State Statutes and best practices that need to be incorporated within
the City's development regulations. Conditions life the changes in the market and the challenges
created by that environment also result in new issues being identified requiring modification of the
City's performance standards and approaches to development. Following this discussion, the
Administrative Subcommittee recommended authorizing the Planning Commission to proceed with the
Zoning Ordinance (and related Subdivision and City Code) update as outlined.
SUPPORTING TI DOCUMENTS, TS: Ei ATTACHED ❑ NONE
A. TPC memorandum dated 1 May 2013
POSSIBLE MOTION
2=11 IT11 7 17
lease word moron as you would like it to appear in the minutes.
ti n to direct the Planning rnr i i n to initiate work on ars update of the Zoning Ordinance as
iutlined by the Cit} Planner.
WIDGET INFORMATION
UiVDENG: BUDGETED: X YES
budgeted for 2013 from Fund #101-46570-303 ° No
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APPROVED AS REQUESTED ❑ DENIED o TABLED a OTHER (List changes)
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TPCOPlanningCo.com
MEMORANDUM
TO: Administrative Subcommittee
FROM: Daniel Licht, AIC
DATE: I May 2013
: Otsego — Zoning Ordinance Update
TPC FILE: 101.01
BACKGROUND
With the adoption of the 2012 Otsego Comprehensive Flan by the City Council,
attention now urns to an update of the City's development regulations. Each section of
the City'development regulations drill a reviewed In detail to identify needed updates.
Our offs prepared re ared an outline of significant modifications to the Zoning Ordinance,
Subdivision Ordinance and other related sections of the City Code to define an initial
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scope of work for the update project.
ANALYSIS
Proposed Amendments, The following list of Zoning Ordinance updates has been
identified by our office;
Definitions, ns, l eview existing definitions for applicability and consistency with
current practices. Identify any definitions not included and simplify land use
definitions where possible.
Administration, tion, Udate application submission and processing requ.irer ents
for
development alications(amendments, C Ps, 1U s, variances, site and
building }1L''�+Jlan review to reflect current inform ation requirements and changes to
■ e s
Minnesota Statutes 16.99. Also, incorporate provisionsregarding certification of
taxes paid, expiration of approvals for nonyuse and a process for revocation in
case of violations.
Non-Conformitieso State statutes have been amended significantly and several
tem
e since the last ma!or p`date of the Zoning Ordinance. This section will he
revised to be consistent with current State Statutes. Other sections of the
Zoning Ordinance that relate to nononformi g uses or properties will also be
reviewed to ensure consistency particularly as it relates to existing provisions
amortizing non -conforming uses.
Accessory Uses. Update references in the provisions regulating accessory
buildings to correspond to the various planning district designations established
by the Comprehensive Plan.
® Fences, Revise provisions related to residential district fences to provide ,more
definition as to allowed construction and materials as well as requirements for
location within drainage and utility easements when allowed by the City
Engineer.
Traffic Visibility Triangle. Simplify the traffic visibility requirements so that they
are easier for property owners to understand in the field and rale them
consistent with the property maintenance requirements included in Chapter 5 of
the City Code.
■ state Regulatory Standards. Review references to State Statute and Rules
regulations for smoke, dust, odors, noise, radiation and electrical emissions to
ensure they are up to date.
Refuse, ise, l evie r provisions regarding refuse and refuse containers so as to be
ii
consistent with City nuisance provisions included n Chapter 5 of the City Code
and address residential uses to allover for outdoor storage of garbage containers.
Outdoor Storage, Revise outdoor storage provisions to male consistent with
district allowances and also clarify for residential uses the outdoor storage
allowances for recreational vehicles, camper trailers, trailers, boats, etc.
Landscaping. Review required landscaping requirements for each type of land
use and for consistency with Chapter 5 of the City Code.
Exterior Materials. Exterior building material requirements for commercial and
industrial uses have already been reviewed and amended. Standards for
townhouse and muitiple family residential buildings are proposed to be added to
the Zoning Ordinance to address material quality and architectural character.
Townhouse Performance standards, Develop standards to be included in the
Zoning Ordinance related to development of townhouse uses addressing lot
requirements, setbacks, s, private drives, accessory uses, off-street parking ing and
garage sizes, utilities and homeowner association provisions.
Move -In Buildings. The City currently requires a conditional use permit for a
,move In structure. The ,main purpose of this review is to have the applicant
provide a security to cover the costs of any damage to the public right -of -gray and
2
to ensure that the work is completed in a timely manner. These purposes can
be accomplished with an administrative approval, The CUP also allows the City
to evaluate the compatibility of a move4n building with the area in which it is to
located,which can lead to questions effecting property value. Given that the
be
City
does not address this when issuing a building permit for a structure built on
i
site except for compliance with the Zoning Ordinance and Building Code t seems
unnecessary to do so here. We could also note that almost all CUP
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applications for a move -in structure (typically house to a one -acre lot) are
routinely approved by the Planning Commission and City council without issue.
We recommend amendment of the Zoning Ordinance to allow move -in buildings
outside of the sanitary serer district to be approved administratively with move -in
buildings within the sanitary severer district remaining a conditional use.
Model Homes. The provisions of the Zoning Ordinance related to the number
lel o
and timing of model homes within developing subdivisions should be revised to
reflect current practices allowing construction to begin upon final plat approval
and consideration of the number of model homes allowed recognizing hoer major
builders utilize these structures in the current market.
Off -Street Parking and Loading .e ulr ments. These two sections of the
Zoning
Ordinance are in need of a major revision to simplify and better organize
information and update the requirements as to the number of parking stalls
required, design standards and provisions dealing with shared parking and/or
r
deferredg
arkin provisions. The provisions related to off-street loading areas
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also need review s the City has adopted a site specific approach to the
provision of loading areas and more basic requirements are needed.
Land Filling and Excavation. These uses are regulated in two sections of the
Zoning Ordinance s well as in Chapter of the City Coder City staff proposes
to consolidate thesep rovisions and revise needed to address current best
management practices, operations and reclamation requirements.
Animals/Do Fennels, Clarification is needed within the Zoning Ordinance as
�_ allowed
the limitation of keeping more than three dogs within the City being
only for kennels located within the ,A--1 or A-2 Zoning District. City staff
recommends that allowance of animal kernels within the -'l or A-2 District be
changed ed from a conditional use to an interim use to allover for expiration if
conditions on the property change (including change in ownership).
Ani
als/Feedlots. The existing provisions in the Zoning Ordinance related to
feedlots must be reviewed for consistency with current Comprehensive Pian
planning district designations and NIPCA regulations including updating of
references to animal unit schedules).
Home
occupations/Extended Businesses. Home occupations within the
dwelling) and extended businesses(within an accessory building) are currently
regulated by two sections of the Zoning Ordinance. City staff proposes to revise
these provisions to consolidate the regulations. We also intend to clarify the
types of uses requiring City approval and would propose to make most hone
occupations allowed by administrative permit. Those uses that present potential
compatibility issues within residential areas (based on noise, hours, traffic, etc.)
would be recommended, if they are to be allowed, as interim uses.
Essential services, There have been changes to State Statutes and Mules as
to the extent to which cities are able to regulate utility transmission lines directly
through zoning that must be incorporated as part of the Zoning Ordinance
update. We would also propose to review process for various essential services
as either administrative or conditional uses.
Alternative Energy systems. The Zoning Ordinance already addresses Wi.nd
Ener Conversion Systems(WECS). These provisions should b reviewed to
Energy y
ensure that lour profile systems often proposed on single family lots are
adequately addressed. The City may also grant to consider adding regulations
addressing solar energy systems.
Planned Unit Development. The administrative and processing requirements
listed in the PLED section of the Zoning Ordinance duplicate those in the
amendment or CUP sections and can be simplified. The general performance
requirements for a PIED District can also be revised to eliminate requirements as
these are typically addressed case-by-case for each development plan using the
standard provisions as a basis.
Environmental Review, r. The Zoning Ordinance includes provisions for
processing of EAWs s anal EISs. These environmental reviews are not provided
for under Minnesota Statutes 462 enabling zoning regulations and should be
removed from the Zoning Ordinance. The procedure for EAW/E]Ss is adequately
addressed by Minnesota Rules.
Allowed Cases, Review r the list of allowed uses within each zoning district to
ensure appropriate compatibility, process (permitted, interim, conditional,
administrative permit) and conditions.
Review commercial Districts. We recommend reviewing the number and
structure of existing commercial zoning districts for possible elimination or
combination.
Conditional vs. Interim lases. Uses currently allowed as conditional uses by
the Zoning Ordinance should be reviewed and considered for possible change to
interim uses. The interim use permit gives the City greater oversight of a use
overtime as conditions related to the use, on the property or in the area may
change. The City undertook similar review related to allowance of outdoor
storage within commercial and industrial districts.
4
Environmental Districts, The Shoreland Overlay District and Floodplain
Overlay District need to be reviewed for consistency with updated DNR rules and
model ordinances, The DNR effort to update the Wild Scenic recreational River
Management Plan stalled and was not completed so no changes to these
provisions are anticipated.
Subdivision Ordinance. The Subdivision Ordinance is a technical document
that involves minimal policy and thus does not change significantly over time.
Amendments is to this document will be limited to the following:
• Review application processing timelines for consistency with State
Statutes,
• Update application submission requirements to reflect current information
needs.
• Update provisions for Administrative Subdivisions to clarify applicability
and process.
• Establish timelines for expiration of preliminary and final plats consistent
with State Statute (and the City's development contract).
• Review with the City Engineer the subdivision design and construction
standards for conformance with the Engineering Manual and current
practices. Specific issues to review include street and right-of-way
standards (including reduced rights-of-way within townhouse
developments) and temporary cul-de-sac design.
• Review with the City Attorney the required improvements and financial
security provisions to incorporate the changes made to the City's standard
development contract.
Schedule. The Planning Commission work load remains light even with the
improvement in development activity. As such, review of proposed amendments would
be anticipated to begin in late May or early June, proceed through the summer and be
completed byDecember. To facilitate the completion of the project we would break the
work into three sections*
Part I: Subdivis!on Ordinance/Zoning Ordinance Sections 1--15 (ad min istration .
Part 2: Zoning Ordinance Sections 1-3 (performance standards).
Part 3: Zoning Ordinance Sections o- (zoning districts.
Budget. The City Council included $15,000 In the 2013 budget for update of the
Zoning and Subdivision Ordinance. Our office will complete the project on a time and
materials basis for a cost not to exceed $15x000 based on our current services contract.
Attendance at Planning Commission and City Council meetings would be billed
separately from the project budget for preparation of the proposed ordinance
amendments.
CONCLUSION
The Administrative Subcommittee will discuss the Zoning Ordinance update at their
meeting on 8 May 2013. Our office is seeking a recommendation to the City Council
for their meeting on 13 May 2013 to proceed with the update of the Zoning Ordinance
and Subdivision Ordinance based on the scope of work outlined herein.
C. Lori Johnson, City Administrator
`rami Loff, City Clergy
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