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4.1 Mississippi Landing Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 13 March 2023 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Ron Wagner 4.1 – Mississippi Landing STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. 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 recommends approval of a PUD District ordinance, PUD Development Stage Plan, preliminary plat, and vacation of existing easements. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 21 February 2023. BACKGROUND/JUSTIFICATION: Modern Construction of Minnesota, Inc. has submitted plans for a mixed-use development of 13.80 acres located east of TH 101 and south of 90th Street. The subject site exists as three lots and one outlot platted as the Nathe Addition. The proposed development includes multiple family dwellings and retail, office, and service commercial uses, as well as an open space planned for future improved public open space and docks on the Mississippi River. A PUD Concept Plan for the proposed development was reviewed previously in accordance with Section 11-36-4.C of the Zoning Ordinance to provide comment to the developer as to the acceptability of the land use. A public hearing to consider the PUD Concept Plan application was held by the Planning Commission on 15 March 2021. The Planning Commission supported the PUD Concept Plan by a 7-0 vote. The City Council considered the PUD Concept Plan on 22 March 2021 and also voted to support the proposed development subject to comments. The developer has submitted application for a PUD District amendment, PUD Development Stage Plan, preliminary plat, vacation of existing drainage and utility easements, and vacation of an existing park and trail easement for the planned first phase of construction. A public hearing to consider the applications was held at the Planning Commission meeting on 21 February 2023. Mr. Jesse Hartung was present as the applicant. There were no public comments and the public hearing was closed. The Planning Commission discussed the proposed development in detail and draft minutes of the Planning Commission meeting are attached for reference. The Planning Commission voted 5-1 to recommend the applications be approved. A PUD District ordinance and findings of fact for approval and denial of the application are attached for consideration by the City Council. The conditions of approval listed on the Findings of Fact and Decision for approval of the applications include the modifications recommended by the Planning Commission. Note that the deadline for City Council action established by Minnesota Statute 15.99 expires on 14 March 2023. As such, the City Council must take action to either approve or deny the applications at the 13 March 2023 City Council meeting, unless an extension is provided by the applicant. SUPPORTING DOCUMENTS ATTACHED: ▪ Planning Report dated 1 February 2023 ▪ Engineering Review dated February 2, 2023 ▪ Draft minutes of the Planning Commission meeting February 21, 2023 ▪ Ordinance 2023-03 Mississippi Landings PUD District ▪ Findings of Fact for Approval ▪ Findings of Fact for Denial ▪ Resolution 2023-18 vacating existing easements POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-03 and approve a PUD Development Stage Plan and preliminary plat for Mississippi Landing subject to the conditions as stated with the findings of Fact and Decision, as presented, and adopt Resolution 2023-18 vacating existing easements. Motion to deny applications for a PUD District amendment, PUD Development Stage Plan, preliminary plat, and vacation of existing easements based on the Findings of Fact and Decision for denial as presented. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A TPC 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com The Planning Company PLANNING REPORT -Updated TO: FROM: REPORT DATE: 120-DAY DATE: Otsego Planning Commission D.Daniel Licht, AICP 1 February 2023 14 March 2023 RE: Otsego -Mississippi Landings; PUD Development Stage Plan TPC FILE: 101.02 BACKGROUND Modern Construction of Minnesota, Inc. has submitted plans for a mixed-use development of 13.80 acres located east of TH 101 and south of 90th Street. The subject site exists as three lots and one outlot platted as the Nathe Addition. The proposed development includes multiple family dwellings and retail, office, and service commercial uses, as well as an open space planned for future improved public open space and docks on the Mississippi River. A PUD Concept Plan for the proposed development was reviewed previously in accordance with Section 11-36-4.C of the Zoning Ordinance to provide comment to the developer as to the acceptability of the land use .. A public hearing to consider the PUD Concept Plan application was held by the Planning Commission on 15 March 2021 .. The Planning Commission supported the PUD Concept Plan by a 7-0 vote. The City Council considered the PUD Concept Plan on 22 March 2021 and also voted to support the proposed development subject to comments. The developer has submitted application for a PUD District amendment, PUD Development Stage Plan, preliminary plat, vacation of existing drainage and utility easements, and vacation of an existing park and trail easement for the planned first phase of construction. A public hearing to consider the applications has been re-noticed for the Planning Commission meeting on 6 February 2023 at 7:00 PM. 1 Exhibits: •Site Location Map•Architectural Plans dated 01/17 /23 (10 sheets) •Preliminary Plat Development Plans dated 01.17.23 (14 sheets)•Preliminary Plat dated 12/16/2022 (1 sheet) ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial land uses. The 2020 Multiple Family Housing Study approved by the City Council recommended the subject site be developed with mixed-use residential and commercial land uses, which will be incorporated as part of the Comprehensive Plan update. Phase 1 of the proposed development provides for construction of residential, restaurant, and commercial building space consistent with the recommendations of the Multiple Family Housing Study. The proposed development is consistent with the Comprehensive Plan. Zoning. The subject site is zoned PUD, Planned Unit Development District. Allowed uses within the PUD District currently include only those permitted, conditional, interim, and accessory uses provided for within the B-3, General Business District. The commercial spaces proposed as with the Phase 1 Building of the PUD Development Stage Plan are suitable for the allowed uses within the B-3 District. Section 11-91-2 of the Zoning Ordinance makes any use allowed within the zoning districts established by the Zoning Ordinance as potentially allowed uses within a PUD District. The multiple family dwellings as proposed by with the PUD Development Stage Plan can be accommodated by amendment of the PUD District as consistent with the recommendations of the 2020 Multiple Family Housing Study for the subject site to develop with a mix of commercial and residential uses. Surrounding Uses. The subject site is surrounded by the existing and planned land uses shown in the table below. The proposed mixed-use development would transition to the uses developed within Otsego Waterfront East to the north through Outlot A. The 101 Market is also compatible with the proposed use, although screening of the outdoor storage area should be considered, but would be difficult to implement given the proposed building heights illustrated on the concept plan. Direction Land Use Zoning Existing Use North Commercial PUD District 101 Market Park Carrick's Landing East ----Mississippi River South Rural A-1 District Mississippi Riverwood campground West ----Trunk Highway 101 2 EAW. The scope of the proposed development required processing of an Environmental Assessment Worksheet (EAW) in accordance with Minnesota Rules 4410.4300, Subp. 32. In accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to persons and agencies on the official Environmental Quality Board (EQB) distribution list and published on the City website. A notice of EAW availability was published in the EQB Monitor on 20 September2022, initiating a 30-day public comment period. A press release was submitted to the Elk River Star newspaper. The comment period ended on 20 October 2022. The City received written comment letters from the Minnesota Department of Transportation, Minnesota State Historic Preservation Office, and Minnesota Department of Natural Resources. None of the comments recommended preparation of an Environmental Impact Statement (EIS). The City Council on 14 November 2022 adopted responses to the comments confined to substantive issues that "address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project" (MN Rules 4410.1600). The City Council also adopted Findings of Fact that preparation of an Environmental Impact Statement is not required in accordance with Minnesota Rules 4410.1700, Subp 7. Building. The planned development includes multiple buildings above an at-grade parking structure planned to have up to 400 multiple family dwelling units and 49,000 square feet of commercial space. Phase 1 as proposed on the PUD Development Stage Plan includes one building on the north side of Lot 1, Block 1. The total area of the Phase 1 building is 212,951 square feet. The proposed building includes several amenities for the residents including roof top patios, a lounge and two amenity rooms, and decks for each dwelling unit. ■Exterior Materials. The proposed parking structure is CMU block with the building utilizing brick veneer, and glass as Class A materials, fiber cement and wood look panels as Class B materials, and ornamental metal panels as Class C materials defined by Section 11-17-4.B.1 of the Zoning Ordinance. The exterior finish requirements of Section 11-17-4.C of the Zoning Ordinance for multiple family dwellings require a minimum for 50 percent of the exterior finish of the building be brick, brick face, brick CMU, masonry veneer, and/or natural or artificial stones. Commercial buildings are required by Section 11-17-4.D.1 of the Zoning Ordinance are required to provide a minimum 65 percent Grade A materials, including both masonry and glass. Only 18 percent of the exterior finish of the proposed building are masonry materials. Glass comprises an additional 31 percent of the exterior finish. We recommend that the percentage of masonry and glass materials (Grade A) be increased from 49 percent to a minimum of 65 percent of the exterior finish of the building as required by the Zoning Ordinance. for commercial uses. The exterior finish materials for the proposed building are to be subject to review and approval of the Planning Commission. 3 ■Building Height. The proposed building is comprised of the at-grade parking structure, with Building 1 up to six stories above. The height of the building measured from grade to the roofline of the top floor is 82 feet. There are elevator penthouses and the rooftop patio above the roofline. ■Multiple Family Dwelling Units. Section 11-17-6 of the Zoning Ordinance requires the following minimum floor area for each multiple family dwelling unit to ensure an adequate living area. The floor area proposed for certain studio and one bedroom units must be revised to comply with the minimum requirements with the two and three bedroom units all exceeding the minimum requirements of the Zoning Ordinance. # of Number Minimum Proposed Bedrooms of Units Floor Area Floor Area Studio 20 500sf. 479-570sf. 1 Bedroom 75 700sf. 603-863sf. 2 Bedroom 39 780sf. 934-1,278sf. 3 Bedroom 5 860sf. 1,638-1,651sf. Section 11-17-7 of the Zoning Ordinance limits studio apartments to 10 percent of the total number of dwelling units, but the 2020 Multiple Family Housing Study recommends allowing up to 30 percent studio apartments based on current construction practices. The proposed 20 studio apartments are 14 percent of the total number of dwelling units. The number of studio apartments for Phase 1 are consistent with the recommendations of the 2020 Multiple Family Housing Study with flexibility appropriate under the PUD District. Lot Requirements. The proposed development of the subject site at full build out is to include 400 multiple family dwelling units and 49,000 square feet of commercial space. Without considering the commercial floor area, the density of the proposed development of Lot 1, Block 1 with 400 dwelling units is 67 dwelling units per acre or 32 dwelling units per acre if the open space outlot within Outlot A is included. The standard density of the Zoning Ordinance for the subject site would be calculated at one dwelling per 2,000 square feet for Lot 1, Block 1 and one dwelling per 2.5 acres for Outlot A, which would allow up to 132 dwelling units without considering potential for commercial floor area. The commercial floor area must be factored into consideration of the proposed intensity of the development. Support for the PUD Concept Plan included limiting the Floor Area Ratio of development for the combined 12.62 acres area of Lot 1, Block 1, Outlot A, and Outlot B to 0.7, which equals 384,687 square feet of building area. The at-grade parking structure would not be included within the Floor Area Ratio limit, making the proposed net building area 165,679 square feet. Including the area of Outlot A in the Floor Area Ratio calculation is a flexibility to be allowed by the City through the granting of a PUD District in consideration of other factors including project amenities, public accessibility, and park dedication. 4 Setbacks. Setbacks may be established specific to a PUD District and modified by a PUD Development Stage Plan. The proposed at-grade parking structure is setback 10 feet from the Quantrelle Avenue right-of-way and 20 feet from the north property line. Off-street parking areas are shown to be setback 10 feet from Quantrelle Avenue and five feet from the north property line, which is adequate. Outlot A provides physical separation of the proposed building from the Mississippi River and any applicable setback requirements related to the Wild, Scenic, and Recreational River District. The proposed setbacks are appropriate in order to maximize the developable property within the subject site outside of the Wild, Scenic and Recreational River District. Access. The subject site is accessed via Quantrelle Avenue. Quantrelle Avenue is an existing two lane street with shoulders and concrete curb having a width of 32 feet. The need to improve Quantrelle Avenue is subject to review by the City Engineer. Quantrelle Avenue intersects 90 th Street at a four-way intersection to the north of the subject site. The developer completed a Traffic Impact Study to estimate the trips generated by the proposed project and potential impacts at the intersection of Quantrelle Avenue and 90th Street to evaluate the potential need for improvements. Trip Generation Forecast Land Use Type (/TE AM Peak Hour PM Peak Hour Daily Code) Size In Out In Out Trips Mid-Rise Housing 387 36 123 92 59 1,800 (221) Units Hotel (310) 51 13 10 15 15 407 Rooms Strip Retail (822) 35,000 50 33 115 116 1,906 SF Multi-Use Reduction {5%} -5 -8 -11 -10 -206 Total Site Trips 94 158 211 180 3,907 Trip generation was estimated using the methodology outlined in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (2021). The 2025 full build calculations determine that the fully constructed proposed development is expected to generate about 3,907 vehicle trips per weekday. Within the PM peak hour, the development is expected to generate the maximum peak number of trips, consisting of 211 entering vehicles and 180 exiting vehicles. The Traffic Impact Study analyzed the distribution of traffic and the impacts to the surrounding street network. Traffic operational analysis was conducted for the Quantrelle Avenue and 90 th Street for existing conditions and build and no-build scenarios for two design years, 2025, the estimated year after full completion of the project, and 2040 as the long-range planning horizon. A 1.0 percent per year annual growth rate was applied to existing traffic volumes and 5 was assumed to be constant through the analysis. The standard used for evaluating capacity and operating conditions are from the Transportation Research Board's Highway Capacity Manual, 6 th Edition. The procedures describe operating conditions in terms of driver delay represented as a Level of Service {LOS). Operations are given letter designations with "A" representing the best operating conditions and "F" representing the worst. Generally, level of service "D" represents the threshold for acceptable overall intersection operating conditions during a peak hour. The traffic operation analysis suggests there is sufficient existing capacity on the Quantrelle Avenue and 90th Street intersection currently with overall LOS A or better during the weekday A.M. and P.M. peak hours. No queuing issues were identified. A traffic capacity analysis was completed to determine how the streets are expected to operate in the year 2025 with and without the proposed development. The results of the 2025 build and no-build scenarios are shown in the table below and are very similar to the existing intersection capacity. Significant operations impact as a result of the proposed development with the existing traffic control is not expected. The study found no considerable delays or queueing issues for any of the approaches to the intersection and no mitigation efforts were recommended. Quantrelle Ave./90th St. Intersection Capacity Analysis Quantrelle Avenue/90th Street AM Peak Hour PM Peak Hour I ntersection!1)LOS Delay LOS Delay Existing A/A 6 sec. A/A 6 sec. No-Build 2025 A/A 6 sec. A/A 6 sec. Build 2025 A/A 6 sec. A/A 7 sec. No-Build 2040 A/B 10 sec. A/B 10 sec. Build 2040 A/B 14 sec. B/C 21 sec. Build 2040 -Southbound Lane A/B 13 sec. A/C 19 sec. Channelization (1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach LOS. The delay shown represents the worst side-street approach delay. To help determine the long-term impacts associated with the proposed development, year 2040 conditions also were evaluated under both no-build and build conditions for the long­ range planning horizon. These long-term 2040 conditions included a forecast of adjacent developments in the area in addition to the buildout of the proposed project. Under the Build 2040 conditions the study intersection is expected to operate at an acceptable overall LOS B or better during the a.m. and p.m. peak hours. The worst side-street approach is expected to be LOS C during the p.m. peak hour. However, during the p.m. peak hour, the southbound 95th percentile queues are expected to be approximately 350 feet and northbound 95th percentile queue is approximately 200 feet. 6 The Traffic Impact Study recommends the construction of a free-flow southbound right-turn lane with a channelized right-turn that modifies one westbound departure lane into an add lane along 90th Street. This reconfiguration of the intersection would reduce vehicle conflicts, reduce southbound queues, and allow for smoother vehicle operations. The southbound right­ turn bypass modification is not recommended as a result of the proposed development. It is only needed if/when parcels on the north side of 90th Street develop, which adds conflicting vehicle turning maneuvers to the intersection of Quantrelle Avenue and 90th Street. This street improvement will be incorporated into requirements for the undeveloped properties north of 90th Street. The results of the intersection capacity analysis with the southbound right-turn bypass indicate the Quantrelle Avenue/90th Street intersection would be expected to operate at a LOS A during the a.m. and p.m. peak hours. The northbound approach would have side-street delays of 19 seconds per vehicle and a 95th percentile queue of approximately 175 feet during the p.m. peak hour. Southbound 95th percentile queues would be reduced to approximately 50 feet. The Traffic Impact Study does not recommend modifications to Quantrelle Avenue or the Quantrelle Avenue and 90th Street intersection to accommodate the proposed development. Streets serving the proposed development have the capacity to accommodate the traffic generated. Off-Street Parking. The subject site is accessed via two driveways from Quantrelle Avenue, plus a fire access lane along the north and east side of the structure. Off-street parking is provided within an at-grade parking structure having 122 parking stalls and a surface parking area with 104 stalls for a total of 226 parking stalls. Section 11-21-8 of the Zoning Ordinance requires the following number of stalls for the proposed uses, which does not include common spaces, back-of-house, or the open plaza on the roof of the at-grade parking garage. The 428 parking stalls required by the Zoning Ordinance, as shown below, is 202 stalls more than provided within the at-grade parking garage and surface parking area. Requirement Unit/Area Required Stalls Multiple Family Dwelling 2.0 stalls/du 139du. 278 Commercial 1 stall/200sf. 10,396sf. 47 Restaurant 1 stall/40sf. seating 3, 780sf. 86 1 stall/80sf. kitchen 1,468sf. 17 Total 428 We recommend that the site plan be modified to illustrate a surface parking area south of the proposed building with a minimum of 202 off-street parking stalls. This off-street parking area would be subject to a proof-of-parking agreement allowing the City to require its construction should it be demonstrated that the demand for parking exceeds supply. Future phases of development will be required to provide a parking study to evaluate the demand for off-street 7 parking based on the mix of uses within the development, including potential uses of Outlot A. The developer will be required to provide an easement allowing public parking within surface parking area for access to Outlot A. Within the parking structure, the parking stalls are designed as nine feet wide by 18 feet deep accessed by drive aisles that are 24 feet in width. These dimensions comply with the standards required by Section 11-21-7.B of the Zoning Ordinance for interior parking. The surface parking stalls are designed as nine feet wide by 20 feet deep accessed by 24 foot wide drive aisles, paved with asphalt and surrounded by concrete curb as required by Section 11-21-7.B, C, and D of the Zoning Ordinance. The site plan for the proof-of-parking stalls must also comply with these dimensions. Pedestrian Access. There is no sidewalk on Quantrelle Avenue. Pedestrian connectivity of the proposed development to Otsego Waterfront East and the City's overall trail system should be provided for through Outlot A with Phase 1. Future phases of development must also include a sidewalk on Quantrelle Avenue to allow additional pedestrian access along the public street should the 101 Market redevelop or Quantrelle Avenue be improved to include a sidewalk to the north of the subject site. The changes are to be shown on a revised site plan. Landscaping. The architectural plans illustrate landscaping at the perimeter of the at-grade parking structure, surface parking area, and upon the retail plaza. However, no landscape plan has been submitted. A landscape plan meeting the requirements of Section 11-19-2.B if the Zoning Ordinance must be submitted prior to consideration of a final plat application by the City Council. The landscape plan is to be subject to review and approval of the Zoning Administrator. Exterior Lighting. Section 11-16-6 of the Zoning Ordinance establishes performance standards for exterior lighting. All exterior light fixtures are to have a 90-degree horizontal cut-off and not cast more than 0.4 foot-candles of light at the property lines as required by Section 11-16-6.C of the Zoning Ordinance. An exterior lighting plan including photometric measurements of light intensity and indicating the type, location, and height of all exterior light fixtures must be submitted and is subject to review and approval of the Zoning Administrator. Signs. The submitted plans do not include specific information regarding proposed signs. Sign allowances for Lot 1, Block 1 will be established for the PUD Development Stage Plan as wall signs affixed on any elevation up to 15 percent of the wall area, but not including the wall area of the at-grade parking garage, with the maximum area of any individual sign limited to 200 square feet. 8 Outlot A. Outlot A is the portion of the subject site governed by the provisions of the Wild Scenic Recreational River District adopted by the City as Chapter 92 of the Zoning Ordinance in accordance with Minnesota Rules. Outlot A includes an existing City park easement for a trail along the Mississippi River extending south of Carrick's Landing and out to Quantrelle Avenue, as well as a drainageway overlaid by drainage and utility easement. The PUD Concept Plan included proposals for private recreational amenities to be developed within the area of Outlot A. These amenities are not detailed in the PUD Development Stage Plan proposal for Phase 1. Public and private recreational activities are an allowed use within Subdistrict C of the WSRR District subject to management plan standards. Section 11-36-1 of the Zoning Ordinance states that granting approval of a PUD District is intended to encourage the preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features, and the prevention of soil erosion. A PUD District is also meant to allow for a development pattern in harmony with the objectives of the Comprehensive Plan other than might be possible through the strict application of zoning and subdivision regulations The proposed PUD Development Stage Plan is based on concentrating the development of the subject site outside of the protections of the Wild, Scenic, and Recreational River District with a residential density more than three times greater than possible under the conventional standards of the Zoning Ordinance plus additional commercial floor area. Furthermore, the Parks System Master Plan includes the goal to acquire land along the Mississippi River to increase public access to the natural environment and recreational amenity. The City will require dedication of Outlot A to the City as a condition of approval for a PUD Development Stage Plan and preliminary plat approval based on the change in land use in accordance with park dedication provisions of Section 10-8-15 of the Subdivision Ordinance and the purpose and intent of granting a PUD District for the proposed development. Dedication of Outlot A to the City for park purposes does not preclude the developer from constructing future improvements. At such time as the developer is prepared to present plans for development of Outlot A, the developer and City can negotiate a long-term ground lease to provide for construction, operation, and maintenance of the facilities, as well as public access. Utilities. The proposed development is to be served by City sewer and water utilities. There are existing trunk sewer and water lines within Quantrelle Avenue adjacent to the subject site. The developer has submitted plans for connection to sewer and water utilities, as well as improvement of the existing sewer lift station in Quantrelle Avenue necessary to accommodate the proposed development. All utility plans are subject to review and approval of the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval. The calculation of Utility Availability Charges Is to be based on a Residential Equivalent Connection (REC) equated to the estimated sewer flow for the proposed development. 9 Utility Connection Charges calculated in accordance with the provisions of the City Code will be required to be paid at the time a building permit is issued. Grading Plan. All of Outlot A and Outlot Bare within the Floodway zone along the Mississippi River. The developer continues work with the Army Corps of Engineers for approval to add fill to the Floodway to allow for Outlot B to be developed with future phases in accordance with the build out plans for the development. Outlot A is bisected north-to-south by a drainageway overlaid by a drainage and utility easement to provide an outlet for the City regional stormwater basin to the north within Outlot A, Waterfront East. The outlet for the regional stormwater basin must be maintained as part of the grading plan for the subject site to the point at which the stormwater is discharged to the Mississippi River. All floodplain, grading, drainage, and erosion control issues are to be subject to review and approval of the City Engineer. Easements. Section 11-8-12.A of the Subdivision Ordinance requires 10 foot wide drainage and utility easements to be dedicated at the perimeter of Lot 1, Bl ock 1, which are shown on the preliminary plat. Temporary drainage and utility easements that expire upon platting will only be required over Outlot Band Outlot C. Existing drainage and utility easements and the trail easement within Outlot A are to be vacated and replaced by easements required with platting the subject site. All drainage and utility easements are to be subject to review and approval of the City Engineer. Outlots. The preliminary plat includes three outlots. Outlot A is discussed above and is to be deeded to the City for park purposes. Outlot Bis also discussed above as that portion of the subject site outside of Outlot A that is within the floodway. The developer will retain Outlot B for potential future development. Outlot C is a remnant parcel to the south of a Minnesota Department of Transportation outlet to the Mississippi River that will also be retained by the developer. Development Contact. Section 10-10-4.A of the Subdivision Ordinance requires that the developer enter into a development contract with the City to provide for construction of the project, completion of any public improvements, establishment of required securities, and payment of applicable fees. The development contract will address performance relative to the PUD Development Stage Plan as required by Section 11-9-7 of the Zoning Ordinance. The development contract is to be executed by the developer prior to approval by resolution of the City Council and recorded with the property. 10 Review No. 2 ENGINEERING REVIEW Commercial/Residential Subdivision Site Plan for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Dan Licht, City Planner Dave Kendall, City Attorney Jesse Hartung, Modern Construction of MN Jeffery Prasch, Demarc Land Surveying & Engineers Reviewed by: Ronald J. Wagner, P.E. Matthew Kind, P.E. Date: February 2, 2023 Proposed Development: Mississippi Landings Development Location: A portions of the NE ¼ of the NW ½ of Section 236, T121, R23. East of Quantrelle Avenue and South of 90th Street Applicant: Jesse Hartung Developer: Modern Construction of MN 18837 Ogden Street Elk River, MN 55330 Owners of Record: Ken Nathe, 101 Market Purpose: This is a proposed mixed use PUD development including residential and commercial space on approximately 13.8+ acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County PAGE 2 C:\Users\bethany.OTSEGO\Desktop\Mississippi Landing RVW2 Preliminary Plat.docx TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLAT FINAL PLAT SITE DEVELOPMENT PLANS (PRELIMINARY) TITLE SHEET DETAILS EXISTING CONDITIONS & REMOVALS SITE PLAN GRADING AND DRAINAGE PLAN UTILITY PLAN SWPPP STORM WATER MANAGEMENT WETLAND/ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATIONS PAGE 3 C:\Users\bethany.OTSEGO\Desktop\Mississippi Landing RVW2 Preliminary Plat.docx INFORMATION AVAILABLE Preliminary Plat for Mississippi Landings, updated 12/16/22, by Demarc Land Surveying and Engineering Preliminary Site Development Plans for Mississippi Landings, revised 1/17/23, by Demarc Land Surveying and Engineering Flood Analysis (No Storage Bld), for Modern Construction of Minnesota, dated 11/22/2021 by Demarc Land Surveying and Engineering Phase 1 Ponding Analysis, for Modern Construction of Minnesota, dated 2/25/2022 by Demarc Land Surveying and Engineering Geotechnical Report for Proposed Apartment Development, dated 8/25/2021, by Haugo Geotechnical Services Piezometer Water Level Summary for Otsego Apartment Development, dated 7/19/2021 and 8/25/2021, by Haugo Geotechnical Services Draft Traffic Impact Study – Mixed Use Development, dated 1/6/2022 by SRF Storm Water Management Plans – Revised 1/17/23 by Demarc Land Surveying and Engineering Additional Information Minnesota Rules, Chapter 4410 – EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 4 C:\Users\bethany.OTSEGO\Desktop\Mississippi Landing RVW2 Preliminary Plat.docx PRELIMINARY PLAT No comments FINAL PLAT No comments PRELIMINARY SITE DEVELOPMENT PLANS TITLE SHEET No comments DETAILS No comments EXISTING CONDITIONS & REMOVALS No comments. SITE PLAN GRADING AND DRAINAGE PLAN 1. Storm water from infiltration pond should be directed to the ditch to the south through a swale rather than overland 2. Fire lane is adequate in width and strength. Communications with ERFD should occur regarding if trucks turn radius are met with curves provided around building UTILITY PLAN 3. Hydrant coverage is now sufficient. 4. Maintain lift station operation during upgrade procedure. Flow of sewage could be collected in upstream structures via honey wagon (for low demand lines), or temporary pumps placed in an upstream structure and connected to the existing 3” FM at some point downstream of the wet well. Contractor will need to provide method and means for the upgrade process that will be acceptable to the City. – Developer has responded this will occur. PAGE 5 C:\Users\bethany.OTSEGO\Desktop\Mississippi Landing RVW2 Preliminary Plat.docx 5. Recommend the new 4-inch forcemain to be installed via directional boring from the wet well to the existing sanitary manhole, which will require core drill and boot seal. Ex. San MH lies close to Mn/DOT ROW, permit may be required. – Developer has responded this will occur. 6. Recommend a Variable Frequency Drive pump to mitigate flow surge. Will be determined during final plat and final design. 7. Are the power source and control panel sufficient with the upgraded pumps? Will be determined during final plat and final design. 8. Full plan set of the lift station including mechanical and electrical is required. Developer has responded this will occur during final plan and final plat design 9. Pumps and appurtenances will require final approval of the City Utility Manager. SWPPP No comments STORM WATER MANAGEMENT PLAN 10. Infiltration requirements appear to be met. Will require double infiltration ring test to verify infiltration is met WETLAND/ENVIRONMENTAL No comments. OTHER CONSIDERATIONS No comments SUMMARY AND/OR RECOMMENDATION Please revise and resubmit. OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER FEBRAURY 21, 2023 7:00 PM Call to Order. Chair Offerman called the meeting to order at 7:00 PM. Roll Call: Chair Alan Offerman; Commissioners: Charles Foster, Laurie Jones*, Vern Heidner, Jim Kolles, Aaron Stritesky, and Pam Black; Absent: Richard Nichols; Present: City Council: Mayor Jessica Stockamp, City Staff: City Planner Daniel Licht and Deputy Clerk Bethany Benting. Those indicated with a (*) attended via video conference. 1. Announcements: City Planner Licht noted those members of the Planning Commission who were online. Deputy Clerk Benting thanked and recognized Commissioner Jim Kolles for his 33+ years as serving as a Planning Commissioner as this was his last meeting as he did not reapply for another term. Mayor Stockamp, Commissioner Heidner and City Planner Licht also shared stories and thanked him. 2. Consider the following minutes: 2.1 Planning Commission January 3, 2023. Commissioner Heidner motioned to approve the minutes as written. Seconded by Commissioner Black. All in favor. Motion carried. 6-0. 3. Public Hearing Items: 3.1 Mississippi Landing: A. PUD District Amendment B. PUD Development Stage Plan C. Preliminary Plat City Planner Licht presented the Planning Report. Applicant, Jesse Hartung, was present and agreed to the staff report but requesting Outlot A not be required to be deeded to the City. Chair Offerman opened the Public Hearing at 7:23 PM. No public comments were made. Chair Offerman closed the Public Hearing at 7:24 PM. DRAFT Minutes of the Otsego Planning Commission February 21, 2023 Page 2 Commissioner Black voiced her concerns about the area only having one entrance/exit knowing this will become a high traffic volume. City Planner Licht explained the Planning Commission could consider limited access at 90th Street and Quantrelle as a factor in considering the intensity of the proposed development. Mr. Hartung explained the future expansion and supporting access for emergency vehicles. Chair Offerman noted that there have been big events in the past that have happened at 101 market. Commissioner Black said she is concerned with an emergency situation in that area. Chair Offerman asked what the City can do or limit high volume events due to emergency access and situations. City Planner Licht explained special use permits have been issued for past businesses in Otsego. Commissioner Jones asked about the fire services in regards to the height of the building proposed. City Planner Licht said that fire services can protect the proposed building. Commissioner Heidner asked if they would be able to get people off of the top floor in an emergency. City Planner Licht stated that ladder trucks would not be able to reach them nor Windom and Guardian Angles either. Commissioner Jones asked about the access to the public plaza. Mr. Hartung explained the plaza will be served with elevator access and has handicap parking. Chair Offerman wanted to know about dedication of Outlot A. City Planner Licht said the Wild Scenic Recreational River District allows for public/private uses. City staff’s recommendation is that Outlot A be deeded to the City based on the proposed mixed use development, use of the area of Outlot A for calculating density and Floor Area Ratio, and the recommendations of the Parks System Master Plan that areas along the Mississippi River be acquired for public use. Mr. Hartung explained he wants Outlot A to be a park people want to visit and have full private control over and not lease the land. Chair Offerman asked if the city could take cash fee and lieu of land now and require land dedication with future phases. City Planner Licht said that approach is not recommended. Mr. Hartung said he could possibly no longer develop on the project if the City requires Outlot A to be dedicated to the City. Commissioner Heidner asked if any park dedication fees been paid. City Planner Licht explained that a trail easement was dedicated with approval of the Nathe Addition with the intent to acquire the balance of the outlot in the future. DRAFT Minutes of the Otsego Planning Commission February 21, 2023 Page 3 Commissioner Heidner questioned the height of the building noting it would be 7+ stories making it 100 feet above ground level. Mr. Hartung explained the phases of building noting that this is the tallest building in the overall plan and that the height has been reduced from the concept plan review. Mr. Hartung noted it will be higher than the Guardian Angel building but he feels that when viewed from TH 101 it will only look 30 feet high. Commissioners agreed this was the only area in Otsego where the building height would not cause compatibility issues with surrounding uses. Commissioner Stritesky suggested the developer and City come to an agreement now regarding Outlot A. Mr. Hartung agreed proposing that Outlot A not be dedicated to the City but instead have an agreement on what can be placed there under a private ownership knowing that 80 percent would be available to the public. Commissioner Heidner asked if Phase 1 was to be built would it be able to operate on its own without expansion. Mr. Hartung said yes. Mayor Stockamp asked about parking. Mr. Hartung said he thinks there is enough parking and noted they intent to provide on-demand car rentals. Commissioner Stritesky asked where parking for future phases would be built. Mr. Hartung said the enclosed parking would be expanded to the south under future phases to provide parking. Commissioner Jones commented that the development should comply with parking requirements of the Zoning Ordinance. Chair Offerman agreed. Commissioner Jones asked how parking deferment agreements are administered. City Planner Licht explained. Commissioner Stritesky said that the development should comply with Zoning Ordinance requirements for parking. Commissioner Black said the development should comply with the Zoning Ordinance parking requirements. Commissioner Foster agreed. Commissioner Jones asked about the parking for residents within the parking structure whether it is a charge or is it free. Mr. Hartung said that has not been decided. Commissioner Jones commented that she is concerned the surface parking lot becoming full. DRAFT Minutes of the Otsego Planning Commission February 21, 2023 Page 4 Commissioner Stritesky noted that there are apartment units that do not meet the minimum floor area requirements. Mr. Hartung said that the floorplans can be revised to comply with the standard. Commissioner Heidner still has issues with the height of the building. City Planner Licht said if the Planning Commissioners would like to add a condition to lower the building. Commissioner Stritesky commented he likes the commercial and amenities and is not opposed to the building height. Chair Offerman said he doesn’t have an issue with the height of the building. Commissioner Jones said the height is not an issue for her as there is not single-family neighborhoods adjacent. Commissioner Kolles said the building height shouldn’t be an issue given the location without residential neighborhoods around it. Commissioner Stritesky motioned to recommend approval of a PUD District amendment, PUD Development Stage Plan, preliminary plat, and vacation drainage and utility easement and trail easement for Mississippi Landings, subject to the conditions as stated in the staff report, amended as follows: 6. The site plan shall be modified to provide off-street parking as required by Section 11-21-8 of the Zoning Ordinance. 7. The developer shall dedicate an easement to the City allowing public parking within the surface parking area for access to Outlot A, subject to review and approval of the Zoning Administrator. 12. Outlot A shall be dedicated to the City upon approval of a subsequent final plat addition or of a PUD Development Stage Plan that increases the number of dwelling units or commercial floor area above that approved for Phase 1, unless an alternate dedication is approved by the City Council. Seconded by Commissioner Heidner. 5 yes, 1 no. Commissioner Black opposed. Motion carried. 5-1. 3.2 Zoning Ordinance amendment: A. Amendment of the Zoning Ordinance regarding commercial zoning districts. DRAFT 1 ORDINANCE NO.: 2023-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR MISSISSIPPI LANDING THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Legal Description. The legal description of the property included in the PUD District shall be as follows: Lots 1 and 2, Block 1; Lot 1, Block 2; and Outlot A, Nathe 2nd Addition Section 2. Zoning Map Amendment. The property is hereby rezoned to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Mississippi Landing Planned Unit Development Plan. A. All entitlements, including but not limited to, allowed dwelling units, allowed uses, location, boundaries, and development standards established within this PUD District are hereby set forth by the PUD Development Stage Plan approved 13 March 2023 incorporated herein by reference. B. Any allowed uses and standards not specifically addressed by the Mississippi Landing Planned Unit Development Plan shall be subject to the requirements set forth by the Zoning Ordinance understanding that subsequent, more specifically detailed, PUD Development Stage Plans may seek modification of the standards and requirements established by the Zoning Ordinance by City Council approval provided that the proposed flexibility is shown to be consistent with the goals and objectives of the Comprehensive Plan and complies with the fundamental principles for the requirements established by the Zoning Ordinance, even without their strict application. Section 4. Allowed Uses. The allowed uses within the PUD District shall include the following base entitlements: A. Multiple Family. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the R-7, High Density Residential District shall be allowed subject to approval of a Development Stage Plan in accordance with the Zoning Ordinance. B. Commercial: All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the B-1, Retail Business District shall be allowed subject to approval of a Development Stage Plan in accordance with the Zoning Ordinance. 2 Section 5. Lot Requirements. Lot requirements for the various land uses shall be as established by the standards approved with a PUD Development Stage Plan. Where no standard is identified, the applicable requirements of the Otsego Zoning Ordinance shall govern unless modified by approval of a PUD Development Stage Plan in accordance the Zoning Ordinance. Section 6. Construction Standards. The construction of structures within the PUD District shall conform to following minimum standards: A. Building materials must conform to the requirements of Section 11-17-4.D.1 of the Zoning Ordinance. Section 7. Future Phases and Amendments. Approval of PUD Development Stage Plans after Phase 1 identified in the approved PUD Development Stage Plan, or any portion thereof, modifications of the allowed land uses, location of allowed land uses or performance standards established by the PUD Development Stage Plan or this Ordinance, and the inclusion of additional lands within this PUD District shall be processed in accordance with Title 11, Chapter 3 of the City Code. Section 8. The zoning map shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk’s office 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 9. This Ordinance shall be effective 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 13th day of March, 2023. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk v1-8Mar23 1 MISSISSIPPI LANDING PUD DISTRICT, PUD DEVELOPMENT STAGE PLAN, AND PREMIINARY PLAT FINDINGS OF FACT & DECISION FOR APPROVAL APPLICANT: Modern Construction of Minnesota, LLC APPLICATION: Request for approval of a PUD, Planned Unit Development District, PUD Development Stage Plan, and preliminary plat for Mississippi Landing. CITY COUNCIL MEETING: 13 March 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: Lots 1 and 2, Block 1; Lot 1, Block 2; and Outlot A, Nathe 2 nd Addition B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District. D. The applicant is proposing to rezone the property to establish a new PUD District, a PUD Development Stage Plan, and preliminary plat for Phase 1 of a planned mixed-use development to be known as Mississippi Landing. 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 Comprehensive Plan guides the subject site for commercial land uses. The 2020 Multiple Family Housing Study approved by the City Council recommended the subject site be developed with mixed-use residential and commercial land uses, which will be incorporated as part of the Comprehensive Plan update. Phase 1 of the proposed development provides for construction of residential, restaurant, and commercial building space consistent with the recommendations of the Multiple Family Housing Study. The proposed development is consistent with the Comprehensive Plan. v1-8Mar23 2 2. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed mixed-use development would transition to existing and planned uses developed to the north of the subject site, which include retail commercial, restaurant, office, and senior housing uses. 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 PUD District, PUD Development Stage Plan comply with the requirements of the Zoning Ordinance and Subdivision Ordinance with modification of lot area, floor area ratio, setback, and building height requirements included with the PUD Development Stage Plan consistent with the intent of the underlying performance standard as allowed by the Zoning Ordinance within a PUD District. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed development is accessed via Quantrelle Avenue. A traffic study completed in conjunction with the PUD Development Stage Plan concludes that the capacity of existing streets can accommodate traffic generated by the proposed Phase 1 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 property is within the East Sewer District where the City provides necessary infrastructure and service to accommodate the proposed Phase 1 PUD Development Stage Plan. F. The planning report dated 1 February 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated February 2, 2023, 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 21 February 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 5-1 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. v1-8Mar23 3 2. The subject site shall be developed in accordance with the site and building plans submitted to the City subject to the stipulations, limitations, and conditions as approved by the City Council in accordance with Section 11-9-4 of the Zoning Ordinance. 3. The floor area of each individual multiple family dwelling unit shall comply with the requirements of Section 11-17-6 of the Zoning Ordinance. 4. The maximum Floor Area Ratio for development of Lot 1, Block 1 shall not exceed 0.7 based upon the combined area of Lot 1, Block 1, Outlot A, and Outlot B. 5. The exterior finish materials for the proposed Phase 1 building shall comply with Section 11-17- 4.D.1 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 6. The site plan shall be modified to illustrate a surface parking area as required by Section 11-21-8 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 7. The Phase 1 plans shall be revised to include a pedestrian connection from the proposed building to the public trail at Carrick’s Landing through Outlot A to provide for pedestrian connectivity, subject to review and approval of City staff. 8. A landscape plan meeting the requirements of Section 11-19-2.B of the Zoning Ordinance, subject to review and approval of the Zoning Administrator, shall be submitted prior to consideration of the application by the City Council. 9. An exterior lighting plan including photometric measurements of light intensity and indicating the type, location, and height of all exterior light fixtures in compliance with Section 11-16-6 of the Zoning Ordinance shall be submitted and is subject to review and approval of the Zoning Administrator. 10. Lot 1, Block 1 shall be allowed only wall signs on any elevation up to 15 percent of the wall area, but not including the wall area of the at-grade parking garage, with the maximum area of any individual sign limited to 200 square feet; a sign permit is required prior to placement of any sign upon the property, subject to review and approval of the Zoning Administrator. 11. Outlot A shall be dedicated to the City upon approval of a subsequent final plat addition or of a PUD Development Stage Plan that increases the number of dwelling units or commercial floor area above that approved for Phase 1, unless an alternate dedication is approved by the City Council. 12. All utility plans shall be subject to review and approval of the City Engineer. 13. The developer shall pay Utility Availability Charges at the time of final plat approval based on a Residential Equivalent Connection (REC) equated to the estimated sewer flow for the proposed development. 14. All floodplain, grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. v1-8Mar23 4 15. Outlot A, B and Outlot C shall be overlaid by temporary drainage and utility easements and drainage and utility easements shall be subject to review and approval of the City Engineer. 16. Events held upon the outdoor public plaza shall require issuance of a Special Event Permit subject to approval of the City Council, which shall not be limited to a number of events each calendar year. 17. 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 13th day of March, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk v1-8Mar23 1 MISSISSIPPI LANDING PUD DISTRICT, PUD DEVELOPMENT STAGE PLAN, AND PREMIINARY PLAT FINDINGS OF FACT & DECISION FOR DENIAL APPLICANT: Modern Construction of Minnesota, LLC APPLICATION: Request for approval of a PUD, Planned Unit Development District, PUD Development Stage Plan, and preliminary plat for Mississippi Landing. CITY COUNCIL MEETING: 13 March 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: Lots 1 and 2, Block 1; Lot 1, Block 2; and Outlot A, Nathe 2 nd Addition B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District. D. The applicant is proposing to rezone the property to establish a new PUD District, a PUD Development Stage Plan, and preliminary plat for Phase 1 of a planned mixed-use development to be known as Mississippi Landing. 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 Comprehensive Plan includes the policy to analyze all development proposals shall be an individual basis from a physical, economic and social standpoint within the context of the entire community to determine appropriate uses. The Comprehensive Plan guides the subject site for commercial land uses. The 2020 Multiple Family Housing Study approved by the City Council recommended the subject site be developed with mixed-use residential and commercial land uses, which will be v1-8Mar23 2 incorporated as part of the Comprehensive Plan update. Phase 1 of the proposed development provides for construction of residential, restaurant, and commercial building space consistent with the land use recommendations of the Multiple Family Housing Study. The Multiple Family Housing Study also made recommendations as to allowances for density, lot area requirements, floor area ratio, building height, minimum dwelling unit floor area, off-street parking requirements. The proposed PUD Development Stage Plan exceeds the recommended density, minimum lot area per dwelling unit, floor area ratio (based on separate open space) and building height recommendations of the Multiple Family Housing Study. The proposed PUD Development Stage Plan also does not comply with the minimum floor area requirements for individual dwelling units or off-street parking requirements. The implementation of the Multiple Family Housing Study is based on the policy of the Comprehensive Plan to establish standards for development quality for all land uses to ensure desired community character. The proposed development is not consistent with the Comprehensive Plan and recommendations of the Multiple Family Housing Study implementing housing policy for the City. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The Comprehensive Plan includes the policy to accomplish transitions between different land uses in an orderly manner that so as not to create negative impacts on adjoining developments The recommendations of the Multiple Family Housing Study considered the character of existing commercial and multiple family developments as a basis for development standards to ensure compatibility between developments. The proposed mixed-use development would transition to existing and planned uses developed to the north of the subject site. which include retail commercial, restaurant, office, and senior housing uses. The intensity and scale of the proposed PUD Development Stage Plan is significantly greater than that of surrounding land uses and other commercial or multiple family developments within the City, specifically with regards to density, lot area per unit, floor area ratio (based on separate open space), and building height. The proposed PUD Development Stage Plan is not compatible with the character of the surrounding 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 PUD Development Stage Plan requires flexibility from the recommendations of the Multiple Family Housing Study and established performance standards of the Zoning Ordinance for lot area, floor area ratio, setback, building height, minimum floor area for individual dwelling units, and off-street parking. The Zoning Ordinance provides that modification of established performance standards within a PUD District is only to be approved for the purpose of a development pattern in harmony with the objectives of the Comprehensive Plan and PUD is not intended as a means to vary applicable planning and zoning principles). v1-8Mar23 3 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed development is accessed via Quantrelle Avenue. A traffic study completed in conjunction with the PUD Development Stage Plan concludes that the capacity of existing streets can accommodate traffic generated by the proposed Phase 1 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 property is within the East Sewer District where the City provides necessary infrastructure and service to accommodate the proposed Phase 1 PUD Development Stage Plan. F. The planning report dated 1 February 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated February 2, 2023, 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 21 February 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 5-1 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 DENIED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of March, 2023. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-18 APPROVING VACATION OF EXISTING EASEMENTS WITHIN THE PLAT OF NATHE 2ND ADDITION WHEREAS, Modern Construction of Minnesota, LLC has initiated vacation of existing drainage and utility easements and park easements dedicated over Lots 1 and 2, Block 1; Lot 1, Block 2; and Oulot A, Nathe 2nd Addition; and, WHEREAS, the City Engineer has reviewed request and determined that the existing drainage and utility easements and park easements are unnecessary for public purposes upon recording a final plat for Mississippi Landing; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 21 February 2023 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing and voted 5-1 to recommend the City Council approve the vacation request; and, WHEREAS, the Request for Council Action dated 13 March 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements and park easements serve no useful public purpose and vacating these easements would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the existing drainage and utility easements and park easements dedicated over the final plat of Nathe 2nd Addition are hereby vacated. 2. The vacation shall be effective upon recording a final plat for the Mississippi Landing preliminary plat. 3. The City Council hereby determines that the vacation of said existing easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of March, 2023. CITY OF OTSEGO BY:______________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 3 EXHIBIT A EASEMENT DESCRIPTION A permanent easement for drainage and utility purposes over, under and across part of the following described property That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quart of Section 30, Township 121, Range 23, Wright County, Minnesota described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Corner; thence west along the north line thereof, a distance of 233.05 feet to the actual point of beginning of the tract of land to be described, thence southwesterly deflecting left 80 degrees 48 minutes 00 seconds, a distance of 324.77 feet; thence west parallel with the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 104.07 feet, thence south parallel with the east line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 338.71 feet to the south line thereof; thence west along said south line, a distance of 286.76 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, thence east along the north line thereof, a distance of 447.47 feet to the point of beginning. Said permanent easement is described as follows. Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence North 89 degrees 19 minutes 14 seconds West, assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 264.23 feet to the point of beginning of the easement to be described, thence South 00 degrees 40 minutes 46 seconds West a distance of 33.00 feet; thence South 62 degrees 31 minutes 59 seconds West a distance of 35.82 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 19.00 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 33.00 feet to the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence South 89 degrees 19 minutes 14 seconds East along said north line of a distance of 40.29 feet to the point of beginning.