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ITEM 5.2 Zoning Ordinances 0 Ot�ezo MINNESOTAI 7 DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning I City Planner Licht 24 April 2017 PRESENTER(s): City Planner Licht AGENDA ITEM DETAILS REVIEWED BY: City Administrator Flaherty City Engineer Wagner City Attorney MacArthur Utilities Manager Neidermeier Scott Schaffer, AEzS ITEM #: 5.2 — Zoning Ordinance RECOMMENDATION: City staff recommends adoption of an ordinance amending the Zoning Ordinance to establish provisions related to waste water treatment facilities. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission 17 April 2017. BACKGROUND/JUSTIFICATION: The Planning Commission held a public hearing to consider amendment of the Zoning Ordinance to establish provisions regarding allowance and performance standards for waste water treatment facilities (WWTFs). This amendment is being initiated by the City as an implementation element of the WWTF MasterPlan. The public hearing was held on 17 April 2017. There were no public comments and no additional discussion by the Planning Commission. The Planning Commission closed the public hearing and voted 6-0 to recommend approval of the amendment. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 13 April 2017 B. Ordinance 2017-05 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to adopt Ordinance 2017-05 to establish provisions related to waste water treatment facilities. TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 65303 Phone: 763.231.6840 Facsimile: 763,427.0520 TPC@ Plan ni ngCo, com MEMORANDUM TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP DATE: 13 April 2017 RE: Otsego — Zoning Ordinance; WWTFs TPC FILE: 101.01 BACKGROUND The City of Otsego has initiated a Master Plan for the City's two Waste Water Treatment Facilities (WWTFs). The purpose of the study is to evaluate the future facility and spatial needs for the east and west WWTFs to accommodate needed service demand for the planned buildout of the urban land uses shown on the Future Land Use Plan map. As part of this effort, City staff identified a need to amend the Zoning Ordinance to provide for specific allowance and performance standards for WWTF uses. A public hearing to consider amendment of the Zoning Ordinance for this purpose has been noticed for the Planning Commission meeting on 17 April 2017 at 7:OOPM. Exhibits: — Draft amendment ANALYSIS The 2012 Comprehensive Plan establishes policies and plans that the majority of new development in Otsego is to occur within the designated sewer districts to be served by municipal sanitary sewer and water utilities. The development, operation, and expansion of the City's east and west WWTFs is a necessary component of the City's Comprehensive Plan to allow future land uses supported by staged expansion of municipal services. The preliminary findings of the City's WWTF Master Plan is that both the east and west WWTF will be expanded in place to accommodate future capacity expansions to meet service demands as development of urban land uses guided by the Future Land Use Plan continues. The City's existing east and west WWTFs are adjacent to low density residential uses based on a number of factors relevant at the time each facility was located and constructed. The proximity of existing and planned residential uses creates challenges for operation of the facilities as well as land use transition and compatibility. The policies of the Comprehensive Plan state that incompatible land uses are to be regulated so that conflicts are minimized through the use of physical barriers, distance, screening, or proper physical orientation of lots and buildings. The City's WWTF are both zoned INS, Institutional District and were allowed subject to approval of conditional use permits in accordance with Section 20-90-6.G of the Zoning Ordinance as governmental utility buildings. City staff proposes to amend the Zoning Ordinance to include WWTFs as a separately defined use subject to lot requirements intended to maximize physical separation for surrounding uses and performance standards specific to the character of operations to address potential impacts to surrounding uses of such facilities. A draftZoning Ordinance amendment is attached hereto for consideration by the Planning Commission. RECOMMENDATION City staff recommends approval of the proposed Zoning Ordinance amendment regulating WWTFs. POSSIBLE MOTIONS A. Motion to recommend approval of a Zoning Ordinance amendment regarding Waste Water Treatment Facilities. B. Motion to table. c. Adam Flaherty, Interim City Administrator/Finance Director Tam! Loff, City Clerk Ron Wagner, City Engineer Kurt Neidermeier, Utility Scott Schaffer, AEzS Andy MacArthur, City Attorney 2 ORDINANCE NO.: 2017 -XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH PROVISIONS RELATED TO WASTE WATER TREATMENT FACILITIES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-90-6 of the Zoning Ordinance (INS District Conditional Uses) is hereby amended to include the following provisions: N. Waste Water Treatment Facilities permitted by the Minnesota Pollution Control Agency or successor agency, provided that: 1. The facility shall be operated in accordance with all Statutes, Rules, and Ordinances, and maintain valid permits for operation and discharge as regulated by the Minnesota Pollution Control Agency. 2. Structures and components of the facility engaged in the treatment, processing or storage of wastewater or sludge materials shall be setback a minimum of seventy-five (75) feet from all property lines and public rights-of-way. 3. The facility shall have direct access from the lot to an improved public street with adequate capacity to accommodate the type and volume of traffic generated, subject to approval of the City Engineer. 4. Off-street parking stalls shall be provided in accordance with Section 21 of this Chapter. 5. Outdoor storage of vehicles or equipment as an accessory use is allowed provided that the storage area is surfaced with a material suitable to prevent erosion and control drainage. 6. The facility shall be screened from view of surrounding properties and public right-of-way in accordance with Section 20-19-3 of this Chapter. 7. Access to the facility shall be secured by a minimum eight (8) foot lockable gate and fence with an anti -climbing design subject to Section 20-19-4 of the Zoning Ordinance. Section 2. Section 20-90-7 of the Zoning Ordinance (INS District Minimum Site Area) is hereby amended to include the following provision: 8. Waste Water Treatment Facilities: Fifteen (15) acres Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL. IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this day of , 2017. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2017-05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH PROVISIONS RELATED TO WASTE WATER TREATMENT FACILITIES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-90-6 of the Zoning Ordinance (INS District Conditional Uses) is hereby amended to include the following provisions: N. Waste Water Treatment Facilities permitted by the Minnesota Pollution Control Agency or successor agency, provided that: 1. The facility shall be operated in accordance with all Statutes, Rules, and Ordinances, and maintain valid permits for operation and discharge as regulated by the Minnesota Pollution Control Agency. 2. Structures and components of the facility engaged in the treatment, processing or storage of wastewater or sludge materials shall be setback a minimum of seventy-five (75) feet from all property lines and public rights-of-way. 3. The facility shall have direct access from the lot to an improved public street with adequate capacity to accommodate the type and volume of traffic generated, subject to approval of the City Engineer. 4. Off-street parking stalls shall be provided in accordance with Section 21 of this Chapter. 5. Outdoor storage of vehicles or equipment as an accessory use is allowed provided that the storage area is surfaced with a material suitable to prevent erosion and control drainage. 6. The facility shall be screened from view of surrounding properties and public right-of-way in accordance with Section 20-19-3 of this Chapter. 1 7. Access to the facility shall be secured by a minimum eight (8) foot lockable gate and fence with an anti -climbing design subject to Section 20-19-4 of the Zoning Ordinance. Section 2. Section 20-90-7 of the Zoning Ordinance (INS District Minimum Site Area) is hereby amended to include the following provision: 8. Waste Water Treatment Facilities: Fifteen (15) acres Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this day of 2017. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor