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ITEM 4.1 Kaleidoscope ExapansionOtsle o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 11 August 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— Kaleidoscope Expansion AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD -CUP amendment, preliminary/final plat, vacation of public right-of-way and drainage and utility easements and approval of a development contract for expansion of Kaleidoscope Charter School. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? Yes. Held by Planning Commission on 4 August 2014. BACKGROUND/JUSTIFICATION: Kaleidoscope Charter School has submitted plans for a proposed 29,598 square foot expansion of its existing 43,015 square foot building that will allow for the education program to serve Kindergarten through 12th grade students. To accommodate the expansion, Outlot A, Dara Glen to the west of the School's existing property has been acquired and is to be combined with the existing lot upon which the school developed. The subject site is located at 7525 Kalland Avenue, north of 70th Street and west of CSAH 19. The submitted plans require application for a PUD -CUP, preliminary and final plat and vacation of existing easements. The Planning Commission held a public hearing on 4 August 2014 to consider these applications. Kaleidoscope Charter School was represented by Executive Director Paula Higgins and project architect Steven Paasch. There were no public comments. The Planning Commission was pleased to see the plans for expansion of the permanent building within the schedule discussed when the interim use permit was approved allowing the temporary class room structure but had no other issues or questions regarding the project. The public hearing was closed and the Planning Commission voted 6-0 to recommend City Council approval of the applications. Findings of fact approving the PUD -CUP and preliminary/final plat and a resolution vacating existing public right-of-way and drainage and utility easement consistent with the recommendation of the Planning Commission are attached. The development agreement and a resolution approving it will be available at the City Council meeting for consideration. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 30 July 2014 B. Engineering Review dated July 30, 2014 C. Findings of Fact D. Resolution 2014-54 vacating existing public right-of-way and drainage and utility easements POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve a PUD -CUP amendment, preliminary and final plat for Kaleidoscope Charter School in accordance with the findings of fact and decision as presented, adopt Resolution 2014-54 vacating existing public right-of-way and drainage and utility easements, and adopt Resolution 2014-55 approving a development agreement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCg Planni ngCo. com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 31 July 2014 ACTION DATE: 14 September 2014 RE: Otsego — Kaleidoscope; PUD -CUP, Preliminary/Final Plat TPC FILE: 101.02 BACKGROUND Kaleidoscope Charter School has submitted plans for a proposed 29,598 square foot expansion of its existing 43,015 square foot building that will allow for the education program to serve Kindergarten through 12th grade students. To accommodate the expansion, Outlot A, Dara Glen to the west of the School's existing property has been acquired and is to be combined with the existing lot upon which the school developed. The subject site is located at 7525 Kalland Avenue, north of 70th Street and west of CSAH 19. The submitted plans require application for a PUD -CUP, preliminary and final plat and vacation of existing easements. A public hearing has been noticed for 4 August 2014 at 7:OOPM to consider these applications. Exhibits: A. Site Location B. Exterior Elevations C. Floor Plan D. Certificate of Survey (existing conditions) E. Site Plan F. Grading Plan G. Utility and Paving Plan H. Stormwater Pollution Prevention Plan I. Preliminary Plat J. Final Plat ANALYSIS Zoning. The subject site is zone INS, Institutional District, which allows accredited K through 12 school facilities as a permitted use. A PUD -CUP was approved with the initial development of Kaleidoscope to allow flexibility from the lot requirements and setbacks of the INS District recognizing the scale and nature of the educational program for the charter school and its location as a transitional land use. The proposed building expansion is being processed as an amendment to the original PUD -CUP and is to be evaluated based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The Comprehensive Plan includes the policy that public facilities such as schools be developed to the highest standards of design and performance to serve as an example to private development and create a source of community pride and identity. The existing Kaleidoscope Charter School reflects and is consistent with the intent of this policy and the expansion of the school is as well. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The development of Kaleidoscope and the proposed expansion of the school to include Outlot A was and is considered to be a desirable transitional land use between the existing and planned residential uses to the south in Kittredge Crossings and planned future industrial development to the north. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed use will comply with the applicable requirements of the Zoning Ordinance except as may modified by the PUD -CUP approval. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The subject site is served by Kalland Avenue which has been constructed as a commercial/industrial street connecting to 70th Street. The proposed use will include additional traffic generation but this traffic will be within the capacity of existing City streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: There are adequate City utilities to the subject site and City services required to accommodate the proposed expansion of Kaleidoscope Charter School. 2 Building Design. The existing building was constructed primarily of Hardie panel vertical board siding and pre -cast concrete panels. Accent materials include windows and stone or brick base around the bottom perimeter of the building having the vertical board siding. The proposed expansion continues the architectural character of the original building but utilized a cementitious siding panel (in three colors) in place of the Hardie panel material. The exterior materials comply with the requirements of Section 20-17-4.D.2 of the Zoning ordinance for institutional buildings. The height of the proposed building expansion is not specified on the submitted plans but is lower than the existing gymnasium, which was approved as being within the three story height allowed within the INS District. Landscaping. The applicant has submitted a landscape plan showing installation of trees within the site expansion area. The trees include maple trees along the south and west edges of the fire lane southwest of the building to provide a visual screen and break up the mass of the building as viewed from the residential uses to the south. The landscape plan must specify seed mixes for turf area and the area of the proposed stormwater pond. Section 5-7-3.13.4 of the City Code requires installation of irrigation systems for turf areas within institutional properties which must be identified on the landscape plan. Lot Requirements. The following table illustrates the required INS District lot and setback standards and those approved with the initial PUD -CUP: The subject site is consistent with the INS District lot area and lot width requirements. The site plan is also consistent with the setbacks approved with the initial PUD -CUP, which were based on the smaller scale of the charter school in comparison to a public school and that they exceed the setbacks required if the subject site developed with an office or industrial use under the 1-2 District. Access. The subject site is currently accessed off of Kalland Avenue along the east side of the property. The applicant is proposing to modify that access to widen it to 36 feet to provide for one out bound and two in bound drive aisles to reduce congestion during peak traffic periods. The proposed site plan also has a second access to Kalland Avenue to the south of the existing driveway to provide another outlet for vehicles using the drop off lane or exiting from the existing parking lot. The second driveway is 130 feet from the main site entrance, which is appropriate spacing to prevent congestion on the public street. Lot Area Lot Width Front Setbacks Side Rear Required 5 acres n/a 30 feet 100 feet 100 feet Approved 5 acres n/a 122 feet 38 feet 64 feet Proposed 10 acres n/a 122feet 38 feet 375feet The subject site is consistent with the INS District lot area and lot width requirements. The site plan is also consistent with the setbacks approved with the initial PUD -CUP, which were based on the smaller scale of the charter school in comparison to a public school and that they exceed the setbacks required if the subject site developed with an office or industrial use under the 1-2 District. Access. The subject site is currently accessed off of Kalland Avenue along the east side of the property. The applicant is proposing to modify that access to widen it to 36 feet to provide for one out bound and two in bound drive aisles to reduce congestion during peak traffic periods. The proposed site plan also has a second access to Kalland Avenue to the south of the existing driveway to provide another outlet for vehicles using the drop off lane or exiting from the existing parking lot. The second driveway is 130 feet from the main site entrance, which is appropriate spacing to prevent congestion on the public street. Off -Street Parking. Within the site, the expansion includes extension of the main drive aisle along the north side of the site to provide access to a dedicated bus corral with space for eight buses and a second off-street parking area west of the building with spaces for 84 parking stalls in addition to the existing 88 off-street parking stalls in the northeast parking lot. The bus corral will also be stripped to provide space for event parking with enough space for 32 cars. The proposed school will serve students in kindergarten through eighth grade with anticipated enrollment of 672 students with 96 students in the High School and 576 students in elementary and middle school. The calculation of required parking based on the Zoning Ordinance standards is shown as follows: ■ Elementary and middle school: 0 1 stall each class room=22stalls 0 1 stall per 50 students= 576/50 = 12 o Subtotal=34 ■ High School: 0 1 stall each classroom=12 0 1 stall every 2 students= 96/2= 48 o Subtotal= 60 ■ Total Required Stalls = 94 ■ Stalls Provided = 172 + 32 event stalls = 204 The parking stalls are shown as being nine feet wide and 19 feet deep and accessed by 24 foot wide, two way drive aisles, which complies with Section 20-21-4.H.1 and 6 of the Zoning Ordinance. The parking area will be an asphalt surface with perimeter concrete curb as required by Section 20-21-4.H.12 and 15 of the Zoning Ordinance. The Albertville Fire Department has reviewed the site plan to ensure compliance with Fire Codes. A preliminary comment submitted was that the applicant needed to provide improved access to the southeast side of the existing building for fire protection. This issue and all Fire Codes remain subject to review and approval of the Albertville Fire Chief. Exterior Lighting. The applicant has not submitted a plan indicating installation of additional site lighting. A lighting plan must be submitted showing the type, location, height and illumination pattern for any exterior lighting to be installed on site to verify compliance with Section 20-16-10.0 of the Zoning Ordinance. Signs. No plans have been submitted indicating installation of any freestanding or wall signs. Any signs upon the property must comply with Section 37 of the Zoning Ordinance and require a permit prior to installation. Trash. There is a custodial area at the northwest corner of the building expansion with an outdoor service court. The submitted site plan indicates that the service court will be screened by an eight -foot tall fence. Details regarding the materials for the 11 proposed fence must be specified and approved by City staff, but storage of trash containers within the building or within the service court complies with Section 20-16- 15.6 of the Zoning Ordinance. Park and Trail Dedication. Platting of Outlot A triggers park and trail dedication requirements. Based on the Comprehensive Plan guiding the site for industrial uses and the underlying potential to revert to 1-2 District uses, the appropriate dedication requirement would be the same as applicable to industrial development. The City will not acquire property as a result of the preliminary and final plat so park and trail dedication requirements will be satisfied as a cash fee in lieu of land of $3,500 per gross acre or $17,500 that must be paid at the time of final plat approval. City staff has suggested to the applicant that the City would be interested in entering into an agreement for joint use of the playfield area at the west side of the property to allow for use by the City's Parks and Recreation Department outside of school hours and could contribute park and trail dedication funds to improvement of the fields (such as irrigation) for this purpose. If an agreement is reached, the City could also consider acquiring additional property abutting the playfield through park and trail dedication requirements when the adjacent parcels are subdivided to expand the facilities. The joint use of the facility and any City financial contribution would require a separate agreement subject to approval by the City Council. Easements. The preliminary and final plat illustrate 10 foot drainage and utility easements along the north, west and south property lines and a 20 foot drainage and utility easement along the east lot line as required by Section 21-7-15 of the Zoning Ordinance. Drainage and utility easement is also provided over the wetland area at the southwest corner of the subject site. No drainage and utility easement is provided over the wetland at the southeast corner of the subject site and must be provided. The easements overlying the wetland areas must also include the wetland buffer area required by Section 20-16-9.E.4 of the Zoning Ordinance. The applicant is requesting vacation of existing drainage and utility easements and right-of-way easement in conjunction with the preliminary and final plat combining Lot 1, Block 1 Dara Glen Addition with Outlot A. The drainage and utility easement to be vacated is that which was dedicated along the west lot line of Lot 1, Block 1 Dara Glen Addition and is not required with the combination of the two parcels. The right-of-way easement to be vacated is a 40 foot wide strip along the north line of Lot 1, Block 1 Dara Glen Addition that was intended to allow for construction of a public street to access Outlot A should that parcel not be acquired and made part of the Kaleidoscope campus. With the combination of Lot 1, Block 1 and Outlot A, the right-of-way easement no longer serves a public purpose and should be vacated. Grading Plan. The applicant has submitted a grading plan and stormwater management plan for the proposed project. The grading plan and stormwater management plan are subject to review and approval of the City Engineer. The applicant is required to pay a stormwater impact fee for Otsego Creek for the gross area of Outlot A as a condition of final plat approval. Utility Plan. The applicant has submitted plans for extension of utilities within the subject site to provide services to the building expansion. The utility plan is subject to review and approval of the City Engineer. The platting of Outlot A and expansion of the building triggers additional utility availability and connection charges. The utility availability charges are to be calculated in accordance with Sections 6-1-5.13.2 and 6-2- 5.13.2 of the City Code requiring payment for 3.5 RECs per acre for sewer and water services and is to be paid at the time of final plat approval. The utility connection charges are to be calculated in accordance with the Metropolitan Council Environmental Services schedule based on the architectural plan for the proposed building and are paid at the time the building permit is issued. A credit of $95,424 will be provided against the utility availability and connection charges due for the proposed plat and building expansion that is the amount paid when the temporary classrooms were installed. Temporary Classrooms. The City Council approved an interim use permit on 12 June 2012 allowing installation of temporary classrooms upon the property. The interim use permit was conditioned to terminate, the temporary modular building removed from the property and the site restored by 1 September 2016. With completion of the addition of permanent building space, City staff recommends that the temporary classroom structure be required to be removed from the property within six months from the date a certificate of occupancy is issued for the building expansion. Development Contract. The applicant is required to enter into a development agreement with the City to provide for payment of required fees and securities and memorialize the conditions of approval. The development contract will be drafted by and is subject to review by the City Attorney and approval of the City Council. RECOMMENDATION The proposed expansion of Kaleidoscope Charter School is consistent with the goals and policies of the Comprehensive Plan and generally complies with the requirements of the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications as outlined below. POSSIBLE MOTIONS A. Motion to recommend City Council approval of a PUD -CUP, preliminary and final plat and easement vacation for expansion of Kaleidoscope Charter School, subject to the following conditions: The landscape plan shall be revised to specify seed mixes for turf area and the area of the proposed stormwater pond and installation of irrigation systems as required by Section 5-7-3.13.4 of the City Code. 2. A lighting plan must be submitted showing the type, location, height and illumination pattern for any exterior lighting to be installed on site to verify compliance with Section 20-16-10.0 of the Zoning Ordinance and is subject to review and approval of the Zoning Administrator. 3. All signs upon the property must comply with Section 37 of the Zoning Ordinance and require a permit prior to installation. 4. Construction details regarding the materials for the proposed fence surrounding the service court must be specified and are subject to review and approval by the Zoning Administrator. 5. The applicant shall pay a cash fee in lieu of land of $17,500 to satisfy park and trail dedication requirements. 6. The grading plan, preliminary plat and final plat are revised to indicate the wetland buffers required by Section 20-16-9.E.4 of the Zoning Ordinance and all wetlands and wetland buffers are to be overlaid by drainage and utility easements. 7. All easements are subject to review and approval of the City Engineer. 8. The applicant shall pay a stormwater impact fee for Otsego Creek based on the area of Outlot A and all grading, drainage and erosion control issues are subject to review and approval of the City Engineer. 9. The applicant shall pay utility availability charges for the area of Outlot A as a condition of final plat approval, pay all utility connection charges as a condition of issuance for a building permit and ail utility plans are subject to review and approval of the City Engineer. 10. The temporary classroom structure shall be removed from the property and the interim use permit deemed to be terminated within six months from the date of a certificate of occupancy for the building expansion being issued. 11. The applicant shall enter into a development contract with the City and pay all fees and provide all securities required by it, subject to review by the City Attorney and approval of the City Council. 12. The site plan shall be subject to review and approval of the Albertville Fire Chief regarding Fire Code issues. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and does not comply with the Zoning Ordinance or Subdivision Ordinance. 7 C. Motion to table. C. 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'P. fie s3^� z $ €a;"3 as5a s o .� oe P3E 4 F i Y � � W a 3 3 0 H NN �'P. 'P. a�an z $ s o 4 F i W a 3 3 0 H e { W z $ s 4 F i e S Y e E C a I $ s = a e S. = B E P 3 u � C a 8 $ es ap 3- s c gE� l M $ a }P _ a 3 3 0 H e { z $ s 4 F I e S Y E - a 4 $ s e S. 3 u � Review No. 1 ENGINEERING REVIEW Hakanson Commercial Subdivision Anderson for the City of Otsego ■■ Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Lori Johnson, Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Brian Schultz,PE, Schultz Engineering & Site Design GTLArchetects Reviewed by: Ronald J. Wagner, P.E. Date: July 30, 2014 Proposed Development: Kaleidoscope Charter School Expansion Street Location of Property: West of Kalland Avenue NE and North of 74th Street NE. Lot 1, Block 1 of Dara Glen Addition in Otsego, MN, Wright County Applicant: KCS Building Company Developer: KCS Building Company Greg Buhl 7525 Kalland Avenue NE Otsego, MN 55301 Purpose: Replat Lot 1 Block 1 of Dara Glen Addition and Outlot A of Dara Glen Addition as Lot 1 Block 1 of Kaleidoscope Addition. Both Lot 1 Block 1 and Outlot A of Dara Glen Addition are zoned INS. The proposed site is served with municipal water, sanitary sewer, and storm sewer. 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), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) INFORMATION AVAILABLE Certificate of Survey, dated 6/12/14, by Duffy Engineering & Associates Kaleidoscope Addition Preliminary Plat, dated 7/16/14, by Duffy Engineering & Associates Kaleidoscope Addition Final Plat, by Duffy Engineering & Associates Kaleidoscope Charter School Expansion Preliminary Site Plan, dated 7/16/14, by G LTArch itects Kaleidoscope Charter School Expansion Preliminary Floor Plan, dated 7/16/14, by G LTArch itects Kaleidoscope Charter School Expansion Building Elevations, dated 7/16/14, by GLTArchitects Kaleidoscope Charter School Expansion Preliminary Grading Plan, dated X/XX/14, by Schultz Engineering & Site Design Kaleidoscope Charter School Expansion Preliminary Storm Water Pollution Prevention Plan, dated X/XX/14, by Schultz Engineering & Site Design Kaleidoscope Charter School Preliminary Utility & Paving Plan, dated X/XX/14, by Schultz Engineering & Site Design Kaleidoscope Charter School Expansion Drainage Summary, date, by Schultz Engineering & Site Design. City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map, 1991 C:\Users\Tami\ AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723W0XW\ot2500kaleid oscope-rvw1.doc 3 UTILITY & PAVING PLAN 1. Suggest Manhole rather than cleanout within paved areas. Manholes spacing would be 400' on straight sections rather than the 100' plastic cleanout. 2. A typical section for the parking lot and drives are required. This section shall be based on a geotechnical engineer's recommendation. 3. Profiles are required for all storm sewer, sanitary sewer, and watermain. 4. New entrance to Kalland Avenue shall have concrete valley gutter and apron across. EASEMENT VACATION EXHIBIT 1. No comments DETAILS 1. Include a detail of storm sewer catch basins and manholes. 2. A hydrant detail is required. 3. A pipe bedding detail is required. 4. Include a detail for pedestrian ramps. SWPPP 1. No comments. STORM SEWER CALCULATIONS 1. No comments HYDROLOG 1. The 1St 1" of runoff from all new impervious surfaces shall be infiltrated into the soil. Please provide infiltration calculations as per new MPCA storm water requirements. OTHER CONSIDERATIONS 1. Submit soil borings and a geotechnical report. 2. The pavement section shall be based on a geotechnical engineer's recommendation. C:\Users\TamiWppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\L723WOXW\ot250Oka leid oscope-rvwl.doc 5 0 OtCI�egoF MINNESOTA V APPLICANT: KCS Building Company 08-05-14 FINDINGS & DECISION PUD -CUP and PRELMINARY/FINAL PLAT APPLICATION: Request for approval of a PUD -CUP for a 29,598 square foot expansion for Kaleidoscope Charter School and preliminary plat and final plat to be known as Kaleidoscope Addition. CITY COUNCIL MEETING: 11 August 2014 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. Lot, 1, Block 1 and Outlot A, Dara Glen, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the West Sanitary Sewer Service District and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned INS, Institutional District, which allows accredited elementary, middle and high school education uses as a permitted use. D. The subject is governed by a PUD -CUP approved by the City Council on 24 September 2007 and an interim use permit for temporary classrooms approved by the City Council on 11 June 2012. E. The applicant is proposing a 29,598 square foot expansion onto the existing principal structure requiring amendment of the PUD -CUP and a preliminary/final plat. F. The Planning Commission and City Council must take into consideration the possible effects of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Comprehensive Plan includes the policy that public facilities such as schools be developed to the highest standards of design and performance to serve as an example to private development and create a source of community pride and identity. The existing Kaleidoscope Charter School reflects and is consistent with the intent of this policy and the expansion of the school is as well. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The development of Kaleidoscope and the proposed expansion of the school to include Outlot A was and is considered to be a desirable transitional land use between the existing and planned residential uses to the south in Kittredge Crossings and planned future industrial development to the north. 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 use will comply with the applicable requirements of the Zoning Ordinance except as may modified by the PUD -CUP approval. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is served by Kalland Avenue which has been constructed as a commercial industrial street connecting to 70th Street. The proposed use will include additional traffic generation but this traffic will be within the capacity of existing City streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: There are adequate City utilities to the subject site and City services required to accommodate the proposed expansion of Kaleidoscope Charter School. G. The planning report dated 31 July 2014 prepared by the City Planner, The Planning Company LLC., is incorporated herein. H. The Engineering Review dated July 31, 2014 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. The Otsego Planning Commission held a public hearing at their regular meeting on 4 August 2014 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 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 and is subject to the following conditions: The landscape plan shall be revised to specify seed mixes for turf area and the area of the proposed stormwater pond and installation of irrigation systems as required by Section 5-7- 3.6.4 of the City Code. 2. A lighting plan must be submitted showing the type, location, height and illumination pattern for any exterior lighting to be installed on site to verify compliance with Section 20-16-10.0 of the Zoning Ordinance and is subject to review and approval of the Zoning Administrator. 3. All signs upon the property must comply with Section 37 of the Zoning Ordinance and require a permit prior to installation. 4. Construction details regarding the materials for the proposed fence surrounding the service court must be specified and are subject to review and approval by the Zoning Administrator. 5. The applicant shall pay a cash fee in lieu of land of $17,500 to satisfy park and trail dedication requirements. 2 6. The grading plan, preliminary plat and final plat are revised to indicate the wetland buffers required by Section 20-16-9.E.4 of the Zoning Ordinance and all wetlands and wetland buffers are to be overlaid by drainage and utility easements. 7. All easements are subject to review and approval of the City Engineer. 8. The applicant shall pay a stormwater impact fee for Otsego Creek based on the area of Outlot A and all grading, drainage and erosion control issues are subject to review and approval of the City Engineer. 9. The applicant shall pay utility availability charges for the area of Outlot A as a condition of final plat approval, pay all utility connection charges as a condition of issuance for a building permit and all utility plans are subject to review and approval of the City Engineer. 10. The temporary classroom structure shall be removed from the property and the interim use permit deemed to be terminated within six months from the date of a certificate of occupancy for the building expansion being issued. 11. The applicant shall enter into a development contract with the City and pay all fees and provide all securities required by it, subject to review by the City Attorney and approval of the City Council. 12. The site plan shall be subject to review and approval of the Albertville Fire Chief regarding Fire Code issues. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of August, 2014. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-54 RESOLUTION VACATING CERTAIN PUBLIC RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS WITHIN DARA GLEN ADDITION WHEREAS, KCS Building Company has applied for consideration of vacation of certain easements within the plat of DARA GLEN ADDITION; and, and, WHEREAS, the easements to be vacated are legally described as showing on attached Exhibit A, WHEREAS, the City Engineer has determined that the drainage and utility easements dedicated with DARA GLEN ADDITION described in Exhibit A are no longer required upon approval and recording of plat of KALEIDOSCOPE ADDITION, which will dedicate all necessary drainage and utility easements to the public. WHEREAS, the Otsego Planning Commission held a public hearing at their regular meeting on 4 August 2014 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. NOW, THERFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota that: 1. That the drainage and utility easements as set forth herein within DARA GLEN ADDITION are no longer needed and are hereby vacated, contingent upon recording of the Final Plat of KALEIDOSCOPE ADDITION. That the City Council specifically finds that there is no damage to the affected property resulting from the vacation and thus no damages are awarded. MOTION BY: SECOND BY: IN FAVOR: OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th Day of August, 2014 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk