ITEM 4.3 Unique Apartments LLC0
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MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 July 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
4.3 — Unique Apartments, LLC
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Kittredge Crossings.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
Held by Planning Commission on 15 July 2019
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
Avenue and 71St Street within the Kittredge Crossings development. The proposed use is being reviewed as
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
The Planning Commission does not support the concept plan for a 72 unit apartment building on Outlot 0,
Kittredge Crossings.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission on 15 July 2019
BACKGROUND/JUSTIFICATION:
Otsego Unique Apartments LLC has submitted a concept plan for development of a 72 unit apartment
building on Oulot 0, Kittredge Crossings. The subject site is located at the northwest corner of Kalland
Avenue and 71St Street within the Kittredge Crossings development. The proposed use is being reviewed as
a concept plan in accordance with Section 11-36-4.0 of the Zoning Ordinance to provide comment to the
developer as to the acceptability of the land use. The City requires that concept plan reviews include a
public hearing before the Planning Commission so that surrounding property owners have an opportunity
to be informed about the project and ask questions or provide comment. A public hearing to consider the
PUD Concept Plan application was held by the Planning Commission at their meeting on 15 July 2019.
The developer was represented by Sam Herzog and property owner Benjamin Krsnak. The public hearing
was attended by several residents of the existing townhouses and the builder of a new townhouse building
under construction located to the north and northwest of the subject site. Those speaking at the public
hearing generally opposed the change in land use from office -warehouse to high density residential uses.
In terms of comments relevant to the criteria upon which the Planning Commission and City Council would
base a decision regarding a development stage application, the opposition to the proposed use stated at
the public hearing was based on concerns regarding consistency with the Kittredge Crossings PUD Master
Plan, land use compatibility, traffic generation, and impacts to City services such as police protection.
The Planning Commission discussion focused on the change in land use, this included contrasting the
building area and bulk standards allowed under the current B-4 District uses provided for by the PUD
District versus the proposed residential use. City staff provided additional information regarding traffic
capacity and planned improvements for streets accessing Kittredge Crossings; City staff concludes that
traffic generated by the proposed development would be well within the capacity of Kalland Avenue and
70th Street. The Planning Commission stated their general support for a multiple family use within
Kittredge Crossings either on the sites so designated by the PUD Master Plan or the two other properties
south and east of the subject site under the same ownership. However, the consensus of the Planning
Commission was not to support the proposed apartment concept plan at this location by a 5-0 vote.
The City Council will consider the proposed development and sketch plan at their meeting on 22 July 2019.
Concept plan reviews do not convey entitlements and are non-binding upon the City. If the developer
elects to proceed with the project, they will need to submit application for additional zoning and
subdivision approvals. These applications also include a requirement for a public hearing, so there is
additional opportunity for public input regarding the development proposal. The developer will update
their presentation for discussion with the City Council. If the action of the City Council is not to support the
sketch plan as presented consistent with the recommendation of the Planning Commission, the developer
may still elect to proceed to a development stage application. To this end, the comments and concerns
raised by the Planning Commission and City Council in consideration of the sketch plan may be used to
provide additional data and analysis in response if the developer proceeds to a development stage
application.
SUPPORTING DOCUMENTS ATTACHED:
■ Site location map
■ Planning Report dated 9 July 2019
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Option 1: Motion to support the proposed PUD Concept Plan subject to following conditions outlined in
the 9 July 2019 Planning Report.
Option 2: Motion to not support the proposed PUD Concept Plan based on a finding that the request is
inconsistent with the Comprehensive Plan and the Kittredge Crossings PUD District and PUD Master Plan.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
Site Location Map
Overview
Legend
Roads
-- CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
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State Hwy
US Hwy
City[Township Limits
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In Parcels
TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
REPORT DATE;
ACTION DATE:
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPCQPIanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
9 July 2019
24 August 2019
Otsego — Kittredge Crossings; Otsego Unique Apartments concept plan
101.01
Otsego Unique Apartments LLC has submitted a concept plan for development of a 72 unit
apartment building on Oulot O, Kittredge Crossings. The subject site is located at the
northwest corner of Kalland Avenue and 71St Street within the Kittredge Crossings
development.
The proposed use is being reviewed as a concept plan in accordance with Section 11-36-4.0 of
the Zoning Ordinance to provide comment to the developer as to the acceptability of the land
use. The City requires that concept plan reviews include a public hearing before the Planning
Commission so that surrounding property owners have an opportunity to be informed about
the project and ask questions or provide comment. A public hearing to consider the PUD
Concept Plan application has been noticed for the Planning Commission meeting on 15 July
2019 at 7:OOPM.
Concept plan reviews do not convey entitlements and are non-binding upon the City. If the
developer elects to proceed with the project, they will need to submit application for additional
zoning and subdivision approvals. These applications also include a requirement for a public
hearing, so there is additional opportunity for public input regarding the development proposal.
Exhibits:
■ Site Location Map
■ Site Plan
■ Building rendering and floor plans (2 pages)
■ Kittredge Crossings PUD Master Plan
ANALYSIS
Comprehensive Plan. The 2012 Comprehensive Plan incorporated the land uses adopted as
part of the Kittredge Crossings PUD Master Plan. The intent of the Kittredge Crossing PUD
Master Plan as approved on 12 May 2003 is to provide for single family, detached townhomes,
townhomes, and apartment land uses mixed with office and retail uses. The development of
Kittredge Crossings is consistent with the following polices of the Comprehensive Plan:
■ Cluster land complementary uses and activities shall be clustered into functionally
related sub -units of the community as determined by physical barriers,
homogeneous land use characteristics and service area boundaries.
■ Accomplish transitions between different land uses in an orderly manner that so
as not to create negative impacts on adjoining developments; changes in types of
land use shall occur either at mid -block points, so that similar uses front on the
same street, or at borders of areas separated by physical barriers.
■ Maintain a balance in the availability of quality housing choices throughout the
City based on benchmarks established by the City's Land Use Plan and Housing
Plan; the City shall periodically define the type and amount of new housing that is
to be built to maintain consistency with established benchmarks.
■ Recognize the need to develop of a variety of twin homes, townhouses, and
multiple family dwellings to supplement conventional single family homes giving
due consideration to local market demands and desired community character.
■ Guide areas for medium and high density residential land use so as not to be
concentrated in any one area of the community or over such acreages at any one
location as to create potential land use compatibility, transportation, utility or
service delivery issues.
■ Promote development of twin homes, townhouses and multiple family dwellings
adjacent to areas targeted for commercial development to provide ancillary
market support.
To proceed with development of the proposed apartment land use, application to amend the
Future Land Use Plan would need to be submitted concurrent with other zoning and subdivision
applications. Decisions regarding amendments to the Comprehensive Plan are policy decisions
ra
to be made by the City Council inconsideration of the recommendations of the Planning
Commission. Justification to amend the Comprehensive Plan to allow uses not guided for must
be found to be consistent with long-term community goals and not solely short-term market
demand or potential. To this end, all development proposals are to be analyzed on an
individual basis from a physical, economic, and social standpoint within the context of the
entire community to determine appropriate uses. The Planning Commission and City Council
have broad discretion to determine if a proposed amendment of the Future Land Use Plan is
consistent with the City's development goals, compatible with the surrounding area, and
adequately served by public infrastructure.
Zoning. The subject site is zoned PUD, Planned Unit Development District. The PUD District for
Kittredge Crossings assigned land uses and zoning requirements for sites within the
development based on a PUD Master Plan. The subject site is designated for office uses on the
PUD Master Plan with development to be allowed in accordance of the uses and standards of
the B-4, Business Office District. Multiple family dwellings are not an allowed use within the B-
4 District.
The proposed development requires application to amend the PUD Master Plan for Kittredge
Crossings to allow for development of the subject site with multiple family dwellings. Under a
PUD District, the most closely related conventional zoning district is considered to be
presumptively appropriate in terms of performance standards for a proposed use. For an
apartment use, the provisions of the R-7, High Density Residential District are most applicable.
The concept plan is to be evaluated based on compliance with the performance standards
applicable to uses zoned R-7 District.
Surrounding Uses. The table below summarizes surrounding land uses adjacent to the subject
site:
Direction
Land Use Plan
Zoning Map
Existing Use
North
Med/High Density Residential
PUD District
Back-to-back townhouses
East
Med/High Density Residential
Office
PUD District
Twin homes
Undeveloped
South
Office
PUD District
Undeveloped
West
Park
INS District
City park
The proposed apartment use would be compatible with adjacent medium -to -high density
housing and Kittredge Crossings Park. The proposed apartment use also provide for a desirable
land use transition to planned office uses to the east of Kalland Avenue and south of 711t Street.
Building Exterior. The exterior finish materials for the proposed principal building are not
indicated on the submitted information. Section 11-17-4.C.3 of the Zoning Ordinance requires
multiple family buildings to provide an exterior finish with minimum of 50 percent of the
combined area of all elevations of brick or brick CMU, stucco, and/or natural or artificial stone;
and except for brick or brick CMU, stucco, natural or artificial stone, rock face block, or cement
or wood fiber board, no single elevation is to have have more than 25 percent of one type of
exterior finish. A PUD Development Stage Plan application must include building elevations
specifying a schedule of exterior finishes that comply with the requirements of the Zoning
Ordinance.
Building Height. The illustrations of the proposed principal building depict a 3 story structure
with a pitched roof. Section 11-68-8.0 of the Zoning Ordinance allows principal buildings within
the R-7 District to be constructed to a height of 3 stories or 35 feet, which is measured to the
mid -point of the pitch roof. The proposed development will be required to comply with the
height limits of the R-7 District to be verified at the time of an application for a PUD
Development Stage Plan.
Dwelling Units. The table below summarizes the proposed dwelling units within the principal
building. The proposed apartment building includes 58.3 percent 2 or 3 bedroom dwelling
units for an average of 1.8 bedrooms per dwelling unit.
Type
Min. Area
Required
Number Percent
1 bedroom
700sf.
30 41.7
2 bedroom
780sf.
27 37.5
3 bedroom
860sf.
15 20.8
Section 11-17-6.B of the Zoning Ordinance specifies minimum floor areas for each dwelling unit
type, which are shown in the table above. Floor plans must be submitted with a PUD
Development Stage Plan application to verify that the area of the apartments comply with the
requirements of the Zoning Ordinance.
Landscaping. The concept plan illustrates generalized site landscaping. Section 11-19-2.6.2 of
the Zoning Ordinance requires the developer to submit a landscape plan with application for
PUD Development Stage Plan approval that provides for installation of plantings at the
perimeter of the subject site at points adjoining other property, the immediate perimeter of the
structure, and the perimeter of parking areas. The types and sizes of proposes plantings are to
comply with Section 11-19-3 of the Zoning Ordinance. An in -ground irrigation system is also
required for all lawn and landscaped areas by Section 5-2-3.C.1 of the City Code.
Lot Area. Multiple family uses within the R-7 District are required to have a minimum lot area
of 20,000 square feet and 2,500 square feet of lot area per dwelling unit in accordance with
Section 11-68-6.A.3 of the Zoning Ordinance. The gross area of the subject site is 207,355
square feet (4.57 acres). There is 2,880 square feet of lot area for the proposed 72 dwelling
units. Section 11-68-7 of the Zoning Ordinance requires the adjustments for lot area per
dwelling unit for multiple family uses shown in the table below applicable to the subject site.
The proposed development complies with the lot area requirements of the R-7 District.
4
Allowance
Adjustment Units Lot Area
Factor Adjustment
Underground parking stalls
-300sf./stall 45-13,500sf.
More than 2 bedrooms
+300sf./unit 15 +4,500sf.
TOTAL-9,OOOsf
Section 11-68-8.A of the Zoning Ordinance limits building coverage for lots within the R-7
District to 30 percent. The footprint of the proposed principal building is 8,667 square feet.
Based on the 207,355 square foot area of the subject site, the proposed building occupies 4.2
percent of the lot. Section 11-68-8.A of the Zoning Ordinance further provides for a floor area
ratio (building area/lot area) limit of 0.7 for lots within the R-7 District. The proposed principal
building is 26,000 square feet in area and the subject site is 207,355 square feet in area. The
floor area ratio of the proposed building and subject site is 0.125 and complies with the Zoning
Ordinance.
Setbacks. The table below indicates the setback requirements of the R-7 District as set forth in
Section 11-68-6.B of the Zoning Ordinance that would apply to the subject site. The site plan
must be revised to meet the rear yard setback requirement for the principal building from the
north lot line based on the definitions outlined in Section 1-2-2 of the Zoning Ordinance.
I<alland Ave.
71St Street
West
North
65ft.
35ft.
10ft.
20ft.
Access. The proposed apartment use is to be accessed by driveways to Kalland Avenue.
Kalland Avenue is designated as a commercial/industrial collector street by the Comprehensive
Plan. Kalland Avenue has adequate capacity to carry traffic from the subject site to 70th Street
for access. The Comprehensive Plan designates 70th Street as a minor arterial roadway. The
Cities of Otsego and Albertville will partner with MN/DoT on rehabilitation of 70th Street in late
2019. Section 11-21-6.B of the Zoning Ordinance requires that the site accesses be setback at
least 90 feet from street intersections and at least 50 feet between individual driveways. The
proposed access to the subject site complies with the requirements of the Zoning Ordinance.
Off -Street Parking. Section 11-21-8 of the Zoning Ordinance requires apartment uses to
provide 2 parking stalls per dwelling unit. With 72 dwelling units, 144 parking stalls are
required. The site and building plans provide for 228 parking stalls divided between 183
surface parking stalls and 45 stalls in a garage below the north section of the principal building.
The number of off-street parking stalls exceeds the requirements of the Zoning Ordinance by 84
stalls. City staff recommends reducing the number of off-street parking stalls, specifically by
eliminating the 37 stalls at the northeast corner of the subject site.
The surface parking stalls are designed to be 9 feet by 18 feet accessed by 24 foot wide drive
aisles. The dimensions of the parking stalls comply with Section 11-21-7.B of the Zoning
Ordinance. Dimensions for the interior parking stalls must be reviewed upon submission of a
floor plan with a PUD Development Stage Plan application.
Section 11-21-7.0 of the Zoning Ordinance requires that off-street parking areas be surfaced
with concrete or asphalt. Section 11-21-7.1) of the Zoning Ordinance requires that concrete
curb be placed at the perimeter of off-street parking areas and islands within the area. The site
plan to be required to be submitted with a PUD Development Stage Plan application must
include construction details for the off-street parking area as required by the Zoning Ordinance.
Exterior Lighting. Section 11-16-6.0 of the Zoning Ordinance establishes performance
standards for exterior lighting so as to prevent glare from being cast to adjacent properties or
public streets. Light fixtures must be installed with a 90 degree horizontal cut-off to direct light
down to the ground. Light poles are to be limited to 25 feet in height. The intensity of light
cast at the property lines cannot exceed 0.4 foot candles. The developer must submit a
photometric lighting plan with a PUD Development Stage Plan application indicating the type,
location, height, and intensity of all proposed exterior light fixtures that complies with the
requirements of the Zoning Ordinance.
Waste Storage. The site plan indicates an exterior waste container at the east end of the
proposed building. Section 11-18-4.0 of the Zoning Ordinance requires that the waste
containers be kept within an enclosure to screen the area from view of public streets and
adjacent properties. The enclosure is required to be constructed of materials consistent with
that used on the principal building and be at least 6 feet in height with a latching gate for
access. The enclosure is to be subject to review and approval of the Zoning Administrator.
Outlot. The subject site is platted as an outlot as a future phase of development within Kittrege
Crossings. Section 11-16-3.G of the Zoning Ordinance prohibits construction on parcels platted
as an outlot. The developer will need to apply for preliminary/final plat approval to change the
status of the subject site to a lot and block for development.
Grading Plan. A PUD Development Stage application will require submission of a grading and
erosion control plan along with calculations for stormwater drainage. Stormwater is required
to be treated for water quality and rate controlled such that runoff from the site is the same or
less than in a pre -development condition. As a condition of final plat approval, the developer
must pay a Stormwater Impact Fee for Otsego Creek based on the net area of the subject site.
Wetlands. There is an area at the southwest corner of the subject site that appears to be a
wetland. A wetland delineation will need to be completed to determine the type and
boundaries of the wetland. Section 11-16-5.F.4 of the Zoning Ordinance requires a 20 foot
natural buffer area and 40 foot principal building setback from the delineated edge of all
wetlands. Wetlands and the required 20 foot buffer are required to be platted as outlots and
deeded to the City by Section 10-8-12.1) of the Subdivision Ordinance.
Utility Plan. The subject site is within the West Sewer District and sewer and water utilities are
available at the subject site. A PUD Development Stage application will require submission of a
utility plan for connection to sewer and water utilities. The developer must pay utility
6
availability charges for the subject site at the time of final plat approval and utility connection
charges at the time a building permit is issued in accordance with the City Code and fee
schedule in effect at that time.
Easements. Section 10-8-12.A of the Subdivision Ordinance requires drainage and utility
easements be dedicated to the City at the perimeter of all lots and overlaying utilities or storm
water facilities. Easements as required by the Subdivision Ordinance must be shown on a
preliminary and final plat of the subject site. All easements are subject to review and approval
of the City Engineer.
Park Dedication. Final platting of the subject site for development requires satisfaction of park
dedication requirements established by Section 10-8-15 of the Subdivision Ordinance. Land for
Kittredge Crossings Park was dedicated to the City with the initial Kittredge Crossings final plat
satisfying 43.4 percent of the required land dedication. Park and trail dedication requirements
for the subject site are to be satisfied by payment of a cash fee in lieu of land based on the
number of dwelling units at 56.6 percent of the cash fee in effect at the time of final plat
approval.
Development Agreement. Section 10-10-4 of the Subdivision Ordinance requires the
developer to provide construction and warranty securities for the public improvements within a
final plat. The City may also require securities for private improvements as part of the
development of the subject site in accordance with Section 11-9-7 of the Zoning Ordinance.
Performance requirements and securities are to be outlined within a development agreement.
The development agreement will be drafted by the City Attorney and is subject to approval of
the City Council at the time of consideration of the final plat.
RECOMMENDATION
The Kittredge Crossings PUD Master Plan guided development of a range of residential,
commercial, and office uses. The concept plan for development of an apartment use on Outlot
0, Kittredge Crossings is consistent with the intent of the Kittredge Crossings PUD Master Plan,
would be compatible with surrounding land uses, and is supported by existing transportation
and utility infrastructure. If the Planning Commission concurs with this conclusion, City staff
recommends providing favorable comment to the developer regarding their proposal as
outlined below.
POSSIBLE ACTIONS
A. Motion to recommend support forthe proposed PUD Concept Plan to the following
conditions:
7
The proposed development shall require the following applications to be
processed in accordance with the provisions of the City Code:
Comprehensive Plan amendment revising the Future Land Use Plan to
guide the subject site for medium -to -high density land uses.
b. PUD District amendment to allow multiple family dwelling uses subject to
the requirements of the R-7 District.
PUD Development Stage Plan.
d. Preliminary plat.
e, Final plat.
2. The exterior finish of the principal building shall comply with Section 11-17-4.C.3
of the Zoning Ordinance.
3. The lot area and setback requirements applicable to the subject site shall be as
provided for in Section 11-68-6 and Section 11-68-7 of the Zoning Ordinance.
4. The lot coverage, height, and floor area ratio of the proposed principal building
shall comply with the requirements of Section 11-68-8 of the Zoning Ordinance.
The proposed dwelling units shall comply with the minimum floor area
requirements of Section 11-17-6.B of the Zoning Ordinance,
6. A landscape plan that complies with Section 11-19-2.B of the Zoning Ordinance
and Section 5-2-3.C.1 of the Code shall be required.
7. Access to the subject site shall comply with Section 11-21-6 of the Zoning
Ordinance.
8. The design and construction of off-street parking areas shall comply with Section
11-21-7 of the Zoning Ordinance.
9. The number of off-street parking stalls shall comply with Section 11-21-8 of the
Zoning Ordinance; the concept plan shall be revised to eliminate 37 parking stalls
at the northeast corner of the subject site.
10. A photometric lighting plan indicating the type, location, height, and intensity of
all exterior light fixtures that complies with Section 11-16-6.0 of the Zoning
Ordinance shall be required.
11. An enclosure that complies with Section 11-18-4.0 of the Zoning Ordinance shall
be required for exterior storage of waste containers.
12. All wetland delineation, grading, drainage, and erosion control issues shall be
subject to review and approval of the City Engineer; the developer shall pay a
storm water impact fee for Otsego Creek at the time of final plat approval.
13. All utility issues shall be subject to review and approval of the City Engineer; the
developer shall pay utility availability charges at the time of final plat approval;
the builder shall pay utility connection charges at the time a building permit is
issued.
14. Park dedication requirements shall be satisfied by payment of a cash fee in lieu
of land at the time of final plat approval.
15. The preliminary and final plat shall dedicate drainage and utility easements as
required by Section 10-8-12.A of the Subdivision Ordinance.
16. Wetlands and wetland buffers shall be platted as outlots and deeded to the City
in accordance with Section 10-8-12.D of the Subdivision Ordinance.
17. The developer shall enter into a development agreement with the City as drafted
by the City Attorney and approved by the City Council as a condition of final plat
approval.
B. Motion to not support the concept plan based on a finding that the request is
inconsistent with the Comprehensive Plan and Kittredge Crossings PUD District and PUD
Master Plan.
C. Motion to table.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
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