ITEM 3ii-raM
3601 Thurston Avenue Na Suite 100
Anoka, MN 55303
Phone: 763. 31.5840
Facsimile: 763.427.0520
TPC@Plant-iingCo.com
MEMORANDUM
TO: Otsego Planning Commission
FROM- Daniel Licht, AICP
DATE: 13 June 2013
RE: Otsego — Zoning Ordinance Update
TPC FILE- 101.01
BACKGROUND
With the adoption of the 2012 Otsego Comprehensive Plan by the City Council,
attention now turns to an update of the City's development regulations. Each section of
the City's 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.
ANALYSIS
Proposed Amendments. The following list of Zoning Ordinance updates has been
identified by our office -
Definitions. Review existing definitions for applicability and consistency with
current practices. Identify any definitions not included and simplify land use
definitions where possible.
Administration. Update application Submission and processing requirements
for development applications (amendments, CUPs, lUPs, variances, site and
building plan review) to reflect current information requirements and changes to
Minnesota Statutes 15.99. Also, incorporate provisions regarding certification of
taxes paid, expiration of approvals for non-use and a process for revocation in
case of violations.
Non -Conformities. State statutes have been amended significantly and several
times since the last major update of the Zoning Ordinance. This section will be
revised to be consistent with current State Statutes. Other sections of the
Zoning Ordinance that relate to non -conforming 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. Additionally, provisions should be added addressing requirements for
engineered walls and the need for fences above a certain height.
Traffic Visibility Triangle. Simplify the traffic visibility requirements so that they
are easier for property owners to understand in the field and make 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. Review provisions regarding refuse and refuse containers so as to be
consistent with City nuisance provisions included in Chapter 5 of the City Code
and address residential uses to allow for outdoor storage of garbage containers.
Outdoor Storage. Revise outdoor storage provisions to make 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 multiple 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, private drives, accessory uses, off-street parking and
garage sizes, Utilities and homeowner association provisions.
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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-way and
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 move -in building with the area in which it is to
be located, which can lead to questions effecting property value. Given that the
City does not address this when issuing a building permit for a structure built on
site except for compliance with the Zoning Ordinance and Building Code it seems
unnecessary to do so here. We would also note that almost all CUP
applications for a move -in structure (typically a 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 sewer district to be approved administratively with move -in
buildings within the sanitary sewer district remaining a conditional use.
Model Homes. The provisions of the Zoning Ordinance related to the number
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 how major
builders utilize these structures in the current market.
■ Off -Street Parking and Loading Requirements. 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
deferred parking provisions. The provisions related to off-street loading areas
also need review as 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 as well as in Chapter 7 of the City Code. City staff proposes
to consolidate these provisions and revise as needed to address current best
management practices, operations and reclamation requirements.
Animals/Dog Kennels. Clarification is needed within the Zoning Ordinance as
to the limitation of keeping more than three dogs with -in the City being allowed
only for kennels located within the A-1 or A-2 Zoning District. City staff
recommends that allowance of animal kennels within the A-1 or A-2 District be
changed from a conditional use to an interim use to allow for expiration if
conditions on the property change (including change in ownership).
Animals/Feedlots. The existing provisions in the Zoning Ordinance related to
feedlots must be reviewed for consistency with current Comprehensive Plan
planning district designations and IVIPCA regulations (including updating of
references to animal unit schedules).
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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 home
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 Rules 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 Wind
Energy Conversion Systems (WECS). These provisions should be reviewed to
ensure that low profile systems often proposed on single family lots are
adequately addressed. The City may also want to consider adding regulations
addressing solar energy systems.
Planned Unit Development. The administrative and processing requirements
listed in the PUD section of the Zoning Ordinance duplicate those in the
amendment or CUP sections and can be simplified. The general performance
requirements for a PUD 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. The Zoning Ordinance includes provisions for
processing of EAWs and ElSs. 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/ElSs is adequately
addressed by Minnesota Rules.
Allowed Uses. Review 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 nurnber and
structure of existing commercial zoning districts for possible elimination or
combination.
Conditional vs. Interim Uses. 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
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change. The City undertook a similar review related to allowance of outdoor
storage within commercial and industrial districts.
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 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 June, proceed through the summer and be completed by
December. To facilitate the completion of the project we would break the work into
three sections:
Part 1: Subdivision Ordinance/Zoning Ordinance Sections 1-15 (administration).
Part 2- Zoning Ordinance Sections 16-37 (performance standards).
Part 3: Zoning Ordinance Sections 50-96 (zoning districts).
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CONCLUSION
The proposed scope of work has been reviewed by the City Council at their meeting on
13 May 2013 and they directed the Planning Commission to proceed with the update of
the Zoning Ordinance and Subdivision Ordinance.
C. Lori Johnson, City Administrator
Tarni Loff, City Clerk