Item 3.2 Rivers Edge
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 30 November 2021
60‐DAY DATE: 16 January 2021
RE: Otsego – Riverbend North; River’s Edge PUD Amendment
TPC FILE: 101.02
BACKGROUND
The River’s Edge Apartments, located at 7701 River Road, was approved by the City Council on
23 July 2018. The proposed development includes 164 apartment dwelling units to be
constructed in two phases. The initial phase of 97 units has been completed and occupied and
the property owner, Otsego Apartments, LLC, is proceeding with construction of Phase 2
consisting of 67 units. The property owner is pursing financing for Phase 2 that is separate from
Phase 1 and necessitates subdivision of the lot with the building into two unit lots. The
proposed subdivision of Lot 1, Block 1, Riverbend North into two unit lots requires
consideration of a PUD Development Stage Plan amendment and a preliminary/final plat. A
public hearing to consider the application has been noticed for the Planning Commission
meeting on 6 December 2021 at 7:00PM.
Exhibits:
Site Location Map
PUD Development Stage Plan Site Plan
Final Plat
ANALYSIS
Zoning. The subject site is zoned PUD, Planned Unit Development District in accordance with
the ordinance approved on 22 September 2014. The Riverbend North PUD District was
amended on 23 July 2018 to include changes to allowed uses coinciding with a revised PUD
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Development Stage Plan that provided for development of 164 multiple family dwelling units
within Lot 1, Block 1. The 2018 PUD Development Stage Plan approval contemplated
development of the 164 dwelling units within a single structure upon a single lot.
The property owner is proposing to subdivide Lot 1, Block 1 into two lots with Phases 1 and 2 of
the 164 unit multiple family building as a single structure constructed over a common lot line.
The subdivision of the subject site into two unit lots with a single building overlying the
common lot line requires consideration of a PUD Development Stage Plan amendment based
upon, but not limited to, the criteria established by Section 11‐3‐2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The 2012 Comprehensive Plan guides the subject site for commercial land
uses. The 2018 Multiple Family Housing Study recognized that the approval of the
Riverbend North PUD District in 2014 and PUD Development Stage Plan approved in
2018 allowed for mixed use development, including an apartment use, of the subject
site. The proposed subdivision of the subject site into two unit lots is consistent with the
recommendations of the 2018 Multiple Housing Study for development of 164 multiple
family dwelling units upon the subject site.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The following table outlines uses surrounding the subject site. The proposed
PUD Development Stage Plan amendment does not alter the relationship of the
development of the subject site with surrounding uses in terms of maintaining
compatibility.
Direction Land Use Plan Zoning Map Existing Use
North Agriculture A‐1 District/WS District CSAH 42
Undeveloped
East LD Residential PUD District Undeveloped
Self storage
South LD/MD Residential R‐3 District Manufactured Home Park
West Commercial R‐3 District TH 101/Undeveloped
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The construction of Phase 2 will comply with the provisions of the Zoning
Ordinance, Riverbend North PUD District, and approved PUD Development Stage Plan.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
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Comment: The proposed construction of Phase 2 will not change traffic generation for the
proposed development above that contemplated by the approved PUD Development
Stage Plan.
5. The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Comment: The proposed construction of Phase 2 will not increase the service needs for the
development above that approved with the PUD Development Stage Plan.
Building. The PUD Development Stage Plan approval includes plans for the building design and
exterior finish. No changes have been proposed to the approved building exterior plans for
Phase 2. The construction of Phase 2 across the interior lot line of the unit lots will require
modification of the interior building plans to address common wall related requirements of the
building code. All building code issues are to be subject to review and approval of the Building
Official.
Lot Requirements. The subject site is 7.62 acres in area. The PUD Development Stage Plan for
the subject site allowed for 164 units at 2,023 square feet of lot area per dwelling unit. The
PUD Development Stage Plan also allowed for 15.3 percent building coverage and 61 percent
floor area ratio for the approved building and subject site. The proposed subdivision of the
subject site into two unit lots will not alter the lot area per unit, building coverage, or floor area
ratio from the approved PUD Development Stage Plan.
Setbacks. The PUD Development Stage Plan includes approval of a site plan establishing
setbacks for the principal building, detached garage structures, and off‐street parking areas at
the perimeter of the PUD District and from lot lines interior to the Riverbend North plat. The
proposed subdivision of the subject site into two unit lots will not alter the setbacks established
with the approved site plan.
Easements. Section 10‐8‐12 of the Subdivision Ordinance requires dedication of drainage and
utility easements at the perimeter of all lots. The subdivision of the subject site into two unit
lots will establish a common lot line between the two unit lots. No drainage and utility
easement is to be dedicated over this common lot line as it is intended that the two phases of
the principal building will be connected over the common lot line as a single structure.
Utilities. The utility plan approved for the proposed development provides for a single
connection to City sewer and water utilities for the entire property. Subdivision of the subject
site into two unit lots is proposed to continue to utilize one connection to City utilities. Utility
Availability Charges for 3.13 acres of the subject site were deferred by the development
contract until Phase 2 was initiated by the developer. The Utility Availability Charges owed for
Phase 2 are outlined below and must be paid before 31 December 2021. If not paid by this
date, the Utility Availability Charges will be calculated in accordance with the 2022 fee
schedule.
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Sewer Availability Charge: 9.0du/ac. x 3.13ac. x $2,641 = $74,396.97
Water Availability Charge: 9.0du/ac. x 3.13ac. x $1,844 = $51,945.48
Stormwater. Grading, drainage, and erosion control plans were approved with the initial
development applications for the subject site. The proposed subdivision of the subject site into
two unit lots will not affect implementation of those plans. Erosion control and any site grading
during construction of Phase 2 will be handled through the Department of Building Safety.
There is no Stormwater Impact Fee for the subject site.
Park Dedication. The proposed subdivision will not result in an increase in the number of
dwelling units approved for the development. As such, there is no park dedication requirement
for the proposed subdivision in accordance with Section 10‐8‐15.N of the Subdivision
Ordinance. The development agreement for the subject site provided that payment of park
dedication fees for Phase 2 was to be deferred until a building permit is applied for. The park
dedication fee for Phase 2 is shown below:
67 dwelling units x $4,057 per dwelling unit = $271,819.00
Owner Agreement. The separation of Phases 1 and 2 onto separate unit lots for financing
purposes creates a situation where ownership of the phases could be separated. This situation
necessitates establishment of an agreement binding the owner(s) of Phases 1 and 2 to common
areas of ownership, access, and maintenance of the building and properties. The developer will
be required to provide an agreement in form to be subject to review and approval by the City
Attorney and then recorded with the properties concurrent with the recording of the final plat.
Development Contract. There are no additional public improvements to be constructed as a
result of the subdivision of the property into two unit lots. The City Attorney will review if a
development contract is required to carry forward the prior project approvals related to the
development and Tax Increment Financing district.
Recording. Section 10‐5‐3.B.8 of the Subdivision Ordinance requires that final plats be
recorded within 100 days of approval by the City Council.
RECOMMENDATION
The proposed PUD development stage plan amendment and subdivision for Phase 2 of the
River’s Edge apartments is consistent with the original project approvals and complies with the
provisions of the Zoning Ordinance and Subdivision Ordinance. Our office recommends
approval of the application as outlined below.
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POSSIBLE ACTIONS
A. Motion to recommend approval of a PUD Development Stage Plan amendment and
preliminary/final plat, subject to the following conditions:
1. The plans, standards, and conditions approved with the Riverbend North PUD
Development Stage Plan on 23 July 2018 remain in full force and effect except as
modified specifically herein.
2. All building plans related to common wall construction shall be subject to review
and approval of the Building Official.
3. The developer shall pay utility availability charges deferred for Phase 2 prior
issuance of a building permit based on the Fee Schedule in effect at the time of
payment.
4. The developer shall pay utility connection charges for Phase 2 at the time a
building permit is issued based on the Fee Schedule then in effect.
5. The developer shall make payment for the deferred park dedication fee in lieu of
land of $271,819 for Phase 2 prior to issuance of a building permit.
6. The property owner shall execute and record an agreement addressing shared
responsibilities for the ownership and maintenance of Phases 1 and 2, subject to
review and approval of the City Attorney.
7. The developer shall enter into a development agreement if determined
necessary by the City Attorney, subject to approval of the City Council.
8. The final plat shall be recorded within 100 days of City Council approval.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and does not comply with the Zoning
Ordinance and Subdivision Ordinance.
C. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Loca tio n Ma p
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7535 NE RIVER ROAD
ELK RIVER, mn 55330
TEL (763)441-3700 - FAX (763)441-3751
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LANDFORMcLandformΠand Site to FinishΠare registered service marks of Landform Professional Services, LLC.
DEVELOPER
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TM 04.24.2018
APRIL 24, 2018
DAC16001
2018NORTH
050100
C201FCP007.DWG
SITE PLAN
C2.1
SITE PLAN NOTES
AREA SUMMARY
ZONING SUMMARY
LAND USE SUMMARY
PARKING SUMMARY
RIVERBEND NORTH SECOND ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That Otsego Apartments, LLC, a Minnesota Corporation, fee owner of the following described property situated in the County of Wright, State of Minnesota, to wit:Lot 1, Block 1 RIVERBEND NORTH ADDITION, Wright County, MinnesotaHas caused the same to be surveyed and platted as RIVERBEND NORTH SECOND ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat.In witness whereof said Otsego Apartments, LLC, a Minnesota Corporation, has caused these presents to be signed by its proper officer this __________ day of _________________________, 20__. Otsego Apartments, LLC By ___________________________________, ____________________________State of Minnesota, County of _____________________This instrument was acknowledged before me this ______ day of ____________________, 20__ by _______________________, ________________________ of Otsego Apartments, LLC, a Minnesota Corporation,on behalf of the Corporation. ________________________________________ Signature ________________________________________ Name Notary Public __________________________ County, Minnesota My commission expires: ______________________I Larry Huhn do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wetlands, asdefined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this _____ of ____________, 20____. _______________________________ Larry Huhn, Land Surveyor Minnesota License No. 24332State of Minnesota, County of _____________________The foregoing Surveyor's Certificate was acknowledged before me this ______ day of ____________________, 20__ by Larry Huhn, Land Surveyor, Minnesota License No. 24332. ________________________________________ Signature ________________________________________ Name Notary Public __________________________ County, Minnesota My commission expires: ______________________CITY COUNCIL, CITY OF OTSEGO, MINNESOTAThis plat of RIVERBEND NORTH SECOND ADDITION was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this ________ day of___________________, 20__, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.. CITY OF OTSEGO, MINNESOTA By: _____________________________________Attest: _________________________________Mayor City ClerkWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Sudb. 11, this plat has been reviewed and approved this ___________ day of ______________________, 20__.________________________________________Wright County SurveyorWRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this _____ day of ____________, 20__.________________________________________Wright County EngineerWRIGHT COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20___ on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this _______ day of ________________________, 20__._________________________________________ By: ___________________________________________Wright County Auditor/Treasurer DeputyWRIGHT COUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this ________ day of __________________, 20___ at______ o'clock ____.M. and was duly recorded in Cabinet No. _________, Sleeve _________, as Document No._______________._________________________________________Wright County Recorder
ΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔΔ1Block 12RIVERBEND NORTH SECOND ADDITIONNORTH050100SCALE IN FEET1 INCH = 50 FEETΔΔ