Loading...
6.1 IOS Otsego Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 9 January 2023 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 6.1 – IOS Otsego STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff and the Planning Commission recommend approval of a Zoning Map amendment, preliminary plat, site and building plans, and Interim Use Permit. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. Yes. Held by Planning Commission 3 January 2023 BACKGROUND/JUSTIFICATION: Minnesota Otsego Industrial Properties LLC has submitted plans to subdivide a 76.26 acre parcel for development of a 23.55 acre lot with a 16,000 square foot industrial building and outdoor storage. The proposed business services and stores Satellite mobile office trailers and portable offices typical of construction sites. The subject site is located southwest of Kadler Avenue and 80th Street. The proposed development requires consideration of a Zoning Map amendment, preliminary plat, site and building plan review, and Interim Use Permit for outdoor storage. A public hearing to consider the applications was held by the Planning Commission at their meeting on 3 January 2023 at 7:00PM. Project engineer Scott Dahlke was present in the chambers and developer Don Houpt was present on-line. There were no public comments and the public hearing was closed. The Planning Commission discussed the outdoor storage area with respect to the number and access of temporary offices/construction trailers that can be stored as well as screening between the outdoor storage area and existing single-family dwelling to the southeast of the proposed lot, which is to remain. Mr. Houpt indicated that the capacity of the outdoor storage area is approximately 300 units. Mr. Dahlke explained the proposed topography of the area between the proposed building and house. The Planning Commission added two conditions to address these issues (refer to conditions #10 and #11 of the attached findings of fact and decision). The first is to require a site plan for the outdoor storage area to ensure emergency access. The second condition requires modification of the berm between the building, outdoor storage area, and adjacent house to improve the screening. With no other discussion, the Planning Commission voted 5-0 to recommend approval of the applications. The developer will need to revise their plans in accordance with the recommended conditions of approval, finalize construction plans, and a development contract must be prepared prior to consideration of a final plat by the City Council. City staff is also continuing discussions with property owners east of Kadler Avenue regarding acquisition of easements necessary to extend trunk sanitary sewer to the proposed development, which must be resolved prior to approval of a final plat as addressed by the conditions included with the preliminary plat recommendation. SUPPORTING DOCUMENTS ATTACHED: ▪ Planning Report dated 28 December 2022 ▪ Engineering Review December 23, 2022 ▪ Findings of Fact and Decision; Zoning Map ▪ Ordinance 2023-01 amending the Zoning Map ▪ Findings of Fact and Decision; Preliminary Plat/Interim Use Permit POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-01 amending the Zoning Map and approve a preliminary plat, site and building plans, and Interim Use Permit for IOS Otsego, subject to the conditions stated in the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A TPC 3601 Thurston AvenueAnoka, MN 55303 763.231.5840 TPC@PlanningCo.com The Planning Company PLANNING REPORT TO: Otsego Planning Commission FROM: D.Daniel Licht, AICP REPORT DATE: 28 December 2022 120-DAY DATE:22 January 2023 RE: Otsego -105 Otsego TPC FILE: 101.02 BACKGROUND Minnesota Otsego Industrial Properties LLC has submitted plans to subdivide a 76.26 acre parcel for development of a 23.55 acre lot with a 16,000 square foot industrial building and outdoor storage. The proposed business services and stores Satellite mobile office trailers and portable offices typical of construction sites. The subject site is located southwest of Kadler Avenue and 80th Street. The proposed development requires consideration of a Zoning Map amendment, preliminary plat, site and building plan review, and Interim Use Permit for outdoor storage. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 3 January 2023 at 7:00PM. Exhibits: ■Site Location Map ■Architectural plans dated 12-09-22 (11 sheets) ■Civil plans dated 01/21/22 (17 sheets) ANALYSIS Zoning. The subject site is zoned A-1, Agriculture Rural Service District in accordance with the Interim Land Use Plan established by the 2012 Otsego Comprehensive Plan. Development of the proposed industrial use requires consideration of a Zoning Map amendment to rezone the parcel to 1-2, General Industrial District. 1 S:\Municipal\Aotsego25xx\2500\OT2522.10 IOS Otsego Main Office: 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 www.haa-inc.com MEMORANDUM TO: Honorable Mayor and City Council CC: Adam Flaherty, City Administrator Audra Etzel, City Clerk Daniel Licht, City Planner Dave Kendall, City Attorney Don Houpt, Minnesota Otsego Industrial Properties, LLC Scott Dahlke, Civil Engineering Site Design FROM: Ronald Wagner, P.E. City Engineer Matthew Kind, P.E. DATE: December 23, 2022 RE: IOS Otsego We have reviewed the following information provided by Civil Engineering Site Design on behalf of Scott Dahlke regarding the IOS Otsego. Civil Plan Set for IOS Otsego, dated 10/17/2022 by IOS Otsego The submittal is to be considered for preliminary acceptance. We would offer the following comments: Cover Sheet 1. Provide an approval signature line for Ronald J. Wagner, P.E., City Engineer. 2. Provide benchmark(s) and datum listed (should be NGVD 1929 Adj. Datum). 3. The name of the proposed plat is not predominantly displayed. It appears on C1 as OTSEGO INDUSTRIAL and on C2 & C6.1 as KADLER INDUSTRIAL PARK under Proposed Property Description. Provide the correct name where mentioned and on the cover sheet. Preliminary Plat & Overall Site Plan 4. Show location, name, width of existing streets (80 th St NE), and existing structures within 150’. 5. Adjoining unsubdivided or subdivided land shall be identified by name and ownership within 150’ of the project boundary. 6. Clearly label all proposed D&U easements. November 16, 2022 Page 2 S:\Municipal\Aotsego25xx\2500\OT2522.10 IOS Otsego 7. Re-label the 3 Outlots with Outlots A&B for the ponds and C as the vacant land to be developed. 8. Width of Kadler Avenue NE extension shall match the width of proposed Kadler Avenue Reconstruction project. City Project No. 22-06. 9. Label the proposed fence surrounding Lot 1 or add to Legend. 10. Provide a stop sign at both approaches to 78th Court from Lot 1 and at 78 th Court approach to Kadler Ave. 11. Show construction limits for grading and utility work. 12. Curb radius at Kadler and 78th not provided. Recommend 50 ft radius (collector to industrial). 13. ROW at intersections shall be rounded parallel to back of curb to allow for utility installation. Grading and Drainage Plan (C3.1) 14. Recommend adding a few more contour labels and some spot elevations along tops of berms for clarity. i.e. near west line of Lot 1. 15. Add valley gutter at Kadler and 78th. Site Grading and Drainage Plan (C3.2) 16. Recommend adding a few more spot elevations to paved surfaces north and south of building. 17. Recommend adding more grading close ups of the cul-de-sac and the intersection of Kadler and 78th with some spot elevations. Sanitary Sewer & Water Plan 18. The hydrant coverage is insufficient for the building. A maximum spacing of 150’ is required. 19. Hydrant spacing shall be 300 ft maximum in commercial/industrial areas. Currently at 400 ft. 20. Watermain shall be 12-inch to provide adequate supply for future industrial development. 21. Provide a plan and profile for sanitary/water (show storm in background) 22. The gravity san sewer connection is preferred, but the sewer extension from the east to Kadler Ave. has not yet been approved. Please provide an alternate san sewer connection (plan & profile) to the existing force main (on Kadler) along with an interim lift station location, in the event the City is unable to provide a gravity trunk sewer connection. 23. Add a hydrant for flushing at end of main. November 16, 2022 Page 3 S:\Municipal\Aotsego25xx\2500\OT2522.10 IOS Otsego 24. The current watermain trunk is approx. 1650 ft long (unlooped) with 4 - TEE fittings for services. Otsego Engineering Manual – Appendix B states: Water system valves shall be placed as directed by the engineer and may be required at any location with pipe tees or crosses and on straight pipe runs longer than 800 ft. Each of the 6 inch service stubs will be live and the only valve shown (on Kadler Ave) would shut down the entire 1650 ft of main for future connections. Add a 12-inch butterfly valve upstream of each of the 4 service tees, AND a 6-inch gate valve on each service to be placed at the ROW line. Storm Sewer Plan 25. Provide a plan and profile for the storm sewer trunk lines (show sanitary in background) . 26. It shall be verified that the infiltration areas of the pond can be accessed with City equipment. 27. Provide a cross section detail (or typical section) for the slope grading of the storm water basins. Add slope labels and provide a maintenance access route. Refer to Std Plate 404. 28. The OCS has a weir, swap std plate 402 with 403. 29. Clarify if the storm water basins for treatment are infiltration or filtration. No subsurface devices to filtrate are shown. Add those devices if that’s the intent, otherwise re-label as “infiltration basin”. 30. Match crowns at storm sewer structures. 31. Drop 0.1 ft thru structures. See Std. Plate 401. 32. Verify 2 ft of cover (top of pipe to top of casting or flow line) 33. Verify 3 ft cover over HDPE pipe. 34. Verify 1.5 ft cover over RCP (non traffic areas). SWPPP 35. Provide a concrete wash out area. Existing Conditions & Removal Plan No comments. November 16, 2022 Page 4 S:\Municipal\Aotsego25xx\2500\OT2522.10 IOS Otsego Profiles 36. Provide plan and profile sheets for 78th Court and that part of Kadler Ave proposed to be improved. 37. Provide cross sections for 78th Court and Kadler Ave. Details 38. Please use the new revised standard plate no. 405, 406, 500, and 805. 39. Use standard plate no. 114 (Urban Street – 10 Ton) for 78th Ct and Kadler Ave. 40. The proposed typical section thickness to be used shall be indicated in the street sections. Provide geotechnical report to verify typical section requirements. 41. Add Std Plate 311 (Manhole Casting Lid) 42. Add Std Plates 308 & 310 (Chimney Seal) 43. Add Std Plate 404. Landscape Plan No comments. Other Consideration 44. A geotechnical report shall be provided. 45. A stormwater management plan shall be provided. HydroCAD Report and narrative. 46. A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statues 115B.02, Subd 8 is required. 47. Street lighting is required at the intersections of 78 th and 80th with Kadler and where shown on a second sheet C1. Maximum spacing from those locations is 660 ft. Lights shall be 30 ft tall with the cobra head style fixture. Summary and/or Recommendation Since there will be adjustments to the storm sewer, only a cursory review was performed at this time. Please make all of the corrections listed above and re-submit. STORM WATERFILTRATION BASIN STORM WATER BASIN NWL=954.00 STORM WATER BASIN NWL=968.00 PROJECT LOCATION SURVEY DATA EXISTING PROPERTY DESCRIPTION LEGEND:SITE DATA: SETBACKS: PARKING DATA BUILDING USE PROPOSED PROPERTY DESCRIPTION 3420 Buckinghammock Trail Vero Beach, FL 32960 Don Houpt donhoupt@icloud.com 813-238-7081 Minnesota Otsego Industrial Properties, LLC INDEX OF CIVIL SITE DRAWINGS: LOT REQUIREMENTS: v1-5Jan23 1 ZONING MAP AMENDMENT FINDINGS OF FACT & DECISION APPLICANT: Minnesota Otsego Industrial Properties LLC APPLICATION: Request to amend the Zoning Map for land included in the IOS Otsego preliminary plat. CITY COUNCIL MEETING: 9 January 2023 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A.The legal description of the property is: The North Half of the Northeast Quarter of Section 27, Township 121, Range 24, Wright County, Minnesota, EXCEPTING THEREFROM the east 208.70 feet of the South 208.70 feet of said North Half of the Northeast Quarter B.The property lies within the West Sewer District and is guided industrial land uses by the 2012 Otsego Comprehensive Plan, as amended. C.The property is zoned A-1, Agricultural Rural Service District. D.The applicant is proposing to amend the Zoning Map to rezone the property to I-2, General Industrial District. E.The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in 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. Finding: The 2012 Otsego Comprehensive Plan guides the subject site for future industrial land uses within the West Sewer District. Industrial development is a goal of the Comprehensive Plan so as to diversify the tax base as well as to create employment opportunities within Otsego. The Future Land Use Plan guides the area west of CSAH 19 and north of 70th Street for a range of industrial uses, including those that involve outdoor storage. The proposed use is consistent with the goals and policies of the 2012 Comprehensive Plan. v1-5Jan23 2 2.The proposed use's compatibility with present and future land uses of the area. Finding: The table below summarizes existing and planned land uses in the area surrounding the subject site: Direction Land Use Plan Zoning Map Existing Use North Rural A-1 District Undeveloped Rural residential East Industrial A-1 District Undeveloped Rural residential South Industrial I-2 District Undeveloped DSG West Industrial A-1 District Undeveloped The proposed development is characteristic of the existing industrial uses developed to the south including Bury Industries, Michels, and Dakota Supply Group, with additional development of this type guided to occur to the east, south, and west of the subject site. The proposed use is compatible with the existing and planned land uses in the area. 3.The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed lot and development of the lot will be required to comply with all requirements of the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual. 4.Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site will access to Kadler Avenue, which the Transportation Plan designates as a Commercial/Industrial Collector Street. Kadler Avenue will be improved abutting the subject site to accommodate and direct traffic south to 70th Street for regional transportation access. The streets serving the subject site have adequate capacity to accommodate the traffic generated by the proposed development. 5.The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is located within the West Sewer District established by the 2012 Otsego Comprehensive Plan. Sewer and water utilities are available at the subject site with sufficient capacity to accommodate the proposed use. The City has the ability to provide all other required municipal services to the subject site within the West Sewer District. F.The planning report dated 28 December 2022 prepared by the City Planner, The Planning Company LLC, is incorporated herein. v1-5Jan23 3 G.The engineering review dated December 23, 2022 prepared by the City Engineer, Hakanson Anderson, Inc. is incorporated herein. H.The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 January 2023 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 9th day of January, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk ORDINANCE NO.: 2023-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND INCLUDED WITHIN THE PRELIMINARY PLAT OF IOS OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally as described as: The North Half of the Northeast Quarter of Section 27, Township 121, Range 24, Wright County, Minnesota, EXCEPTING THEREFROM the east 208.70 feet of the South 208.70 feet of said North Half of the Northeast Quarter Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District designation to I-2, General Industrial District. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 9th day of January, 2023. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:__________________________ Audra Etzel, City Clerk v1-5Jan23 1 IOS OTSEGO PRELIMINARY PLAT, SITE AND BUILDING PLANS, INTERIM USE PERMIT FINDINGS OF FACT & DECISION APPLICANT: Minnesota Otsego Industrial Properties LLC APPLICATION: Request for approval of the IOS Otsego preliminary plat as well as site and building plans and an interim use permit for Lot 1, Block 1. CITY COUNCIL MEETING: 9 January 2023 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A.The legal description of the property is: The North Half of the Northeast Quarter of Section 27, Township 121, Range 24, Wright County, Minnesota, EXCEPTING THEREFROM the east 208.70 feet of the South 208.70 feet of said North Half of the Northeast Quarter B.The property lies within the West Sewer District and is guided industrial land uses by the 2012 Otsego Comprehensive Plan, as amended. C.The property is zoned I-2, General Industrial District. D.The applicant is requesting approval of a preliminary plat of one lot and three outlots as well as approval of site and building plans and Interim Use Permit allowing outdoor storage on Lot 1, Block 1. E.The Planning Commission and City Council must take into consideration the possible effects of the Interim Use Permit with their judgment based upon (but not limited to) the criteria outlined in Section 11-5-2.F of the Zoning Ordinance: 1.The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Otsego Comprehensive Plan guides the subject site for future industrial land uses within the West Sewer District. Industrial development is a goal of the Comprehensive Plan so as to diversify the tax base as well as to create employment opportunities within Otsego. The Future Land Use Plan guides the area west of CSAH 19 v1-5Jan23 2 and north of 70th Street for a range of industrial uses, including those that involve outdoor storage. The proposed use is consistent with the goals and policies of the 2012 Comprehensive Plan. 2.The proposed use's compatibility with present and future land uses of the area. Finding: The table below summarizes existing and planned land uses in the area surrounding the subject site: Direction Land Use Plan Zoning Map Existing Use North Rural A-1 District Undeveloped Rural residential East Industrial A-1 District Undeveloped Rural residential South Industrial I-2 District Undeveloped DSG West Industrial A-1 District Undeveloped The proposed development is characteristic of the existing industrial uses developed to the south including Bury Industries, Michels, and Dakota Supply Group, with additional development of this type guided to occur to the east, south, and west of the subject site. The proposed use is compatible with the existing and planned land uses in the area. 3.The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed lot and development of the lot will be required to comply with all requirements of the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual. 4.Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site will access to Kadler Avenue, which the Transportation Plan designates as a Commercial/Industrial Collector Street. Kadler Avenue will be improved abutting the subject site to accommodate and direct traffic south to 70th Street for regional transportation access. The streets serving the subject site have adequate capacity to accommodate the traffic generated by the proposed development. 5.The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is located within the West Sewer District established by the 2012 Otsego Comprehensive Plan. Sewer and water utilities are available at the subject site with sufficient capacity to accommodate the proposed use. The City has the ability to provide all other required municipal services to the subject site within the West Sewer District. v1-5Jan23 3 F.The planning report dated 28 December 2022 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G.The engineering review dated December 23, 2022 prepared by the City Engineer, Hakanson Anderson, Inc. is incorporated herein. H.The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 January 2023 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1.Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2.The Interim Use Permit shall terminate upon the first occurrence of the following events that result in a substantial change in the character of the outdoor storage as determined by the Zoning Administrator: a.A change in property ownership. b.A change in property occupancy. c.The events stated in Section 11-5-4 of the Zoning Ordinance. 3.Right-of-way dedication and design and construction plans for Kadler Avenue and 78th Court shall be subject to review by the City Engineer. 4.The developer shall acquire at their cost a 75 foot wide right-of-way easement necessary for improvement of Kadler Avenue from PID 118-800-271101 to be dedicated to the City concurrent with the recording of the final plat. 5.Outlot A and Outlot C shall be deeded to the City for stormwater management purposes. 6.A temporary drainage and utility easement shall be provided over Outlot B by document and all drainage and utility easements shall be subject to review and approval of the City Engineer. 7.Park dedication requirements shall be satisfied by payment of a cash fee in lieu of land at the time of final plat approval of a platted lot(s) based on the fee schedule then in effect. 8.The gate across the west driveway to 78th Court shall be setback a distance from the right-of-way so as not to obstruct the public street, subject to review and approval of the Zoning Administrator, with the City reserving the right to require the gate to be relocated should such obstructions occur in the future. v1-5Jan23 4 9. The design and construction of all off-street parking area shall be subject to review and approval of the City Engineer. 10. The site plan shall be revised to extend the berm east of the principal building at an approximate elevation of 988 feet to the south plat line to be landscape with minimum eight foot tall evergreens, subject to review and approval of the Zoning Administrator. 11. The developer shall provide a site plan for the outdoor storage area demonstrating adequate access for emergency purposes, subject to review and approval of the Zoning Administrator. 12. The proposed aggregate surface of the outdoor storage area shall be subject to review and approval of the City Engineer. 13. The landscape plan shall be revised subject to approval of the Zoning Administrator to provide for: a. Eight foot evergreen trees planted along the north line abutting 78th Court and the east lines of the outdoor storage area abutting the adjacent residential property. b. Shade trees within the front yard along 78th Court from Kadler Avenue to the east side of the west driveway. c. An irrigation system for all plantings as required by Section 5-2-3.B.4.b of the City Code. 14. Proposed fencing shall comply with Section 11-19-4.H of the Zoning Ordinance and requires approval of a fence permit by the Zoning Administrator prior to construction. 15. A plan detailing the type, location, and height of all proposed exterior lighting shall be submitted and is to comply with Section 11-16-6 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 16. All signs shall comply with Chapter 37 of the Zoning Ordinance and require a sign permit approved by the Zoning Administrator prior to installation. 17. Any outdoor storage of waste and recycling containers shall comply with Section 11-18-4.C of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 18. All stormwater management plans shall be subject to review and approval of the City Engineer. 19. The developer shall pay a Stormwater Impact Fee for Otsego Creek in accordance with the fee schedule at the time of final plat approval. v1-5Jan23 5 20. Utilities: a. All utility plans shall be subject to review and approval of the City Engineer. b. Trunk sewer: (1) Approval of the preliminary plat shall be contingent upon the City, at its sole discretion, obtaining easements for construction of trunk sewer between Kadler Avenue and Windsong to serve the proposed development. (2) The City will fund acquisition of easements and construction of the trunk sewer; the developer shall be responsible for any additional costs incurred by the City to mitigate property owner concerns during construction of the trunk sewer. c. The developer shall pay utility availability charges in accordance with the fee schedule in effect at the time of final plat approval. 21. The developer shall enter into a development contract as required by Section 10-10-4.A of the Subdivision Ordinance and Section 11-9-7 of the Zoning Ordinance, subject to review by the City Attorney and approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 9th day of January, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk