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Item 3.6 Carrick's Waterfront Park Variance Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 April 2024 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty Parks and Recreation Director Jacobs 3.6 – Carrick’s Waterfront Park STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve a variance for improvements at Carrick’s Waterfront Park. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, was held by Planning Commission 15 April 2024. BACKGROUND/JUSTIFICATION: The City of Otsego is proposing improvements at Carrick’s Waterfront Park located adjacent to the Mississippi River east of TH 101 at 90th Street (9050 Quantrelle Avenue). The improvement plans recommended by the Parks and Recreation Commission and approved by the City Council include providing canoe and kayak access, shoreline fishing access, restoration of the riverbank, improved parking access at the south end of the park, and construction of a shelter with views of the Mississippi River. The proposed improvement plans have been reviewed by City staff and the Minnesota Department of Natural Resources staff. The plans comply with the requirements of the Zoning Ordinance and Wild Scenic and Recreational River Overlay (WSRR) District except for the proposed shelter. The proposed shelter encroaches into the setback required from the Ordinary High-Water Level of the Mississippi River. The City initiated consideration of a variance to allow for the proposed shelter to encroach into the setback required from the Ordinary High-Water Level of the Mississippi River by the WSRR District. A public hearing to consider the application was held by the Planning Commission at their meeting on 15 April 2024. There were no public comments and the public hearing was closed. The Planning Commission was very supportive of the proposed improvements, including the proposed shelter. The Planning Commission voted 6-0 to recommend approval of the variance. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 10 April 2024 • Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a variance for construction of a shelter at Carrick’s Waterfront Park subject to the condition as stated by the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: Fund 203 – Park Development Yes 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht REPORT DATE: 10 April 2024 RE: Otsego – Carrick’s Waterfront Park; Shelter Variance TPC FILE: 101.02 BACKGROUND The City of Otsego is proposing improvements at Carrick’s Waterfront Park located adjacent to the Mississippi River east of TH 101 at 90th Street (9050 Quantrelle Avenue). The improvement plans recommended by the Parks and Recreation Commission and approved by the City Council include providing canoe and kayak access, and shoreline fishing access, restoration of the riverbank, improved parking access at the south end of the park, and construction of a shelter with views of the Mississippi River. The proposed improvement plans have been reviewed by City staff and the Minnesota Department of Natural Resources staff. The plans comply with the requirements of the Zoning Ordinance and WSRR, Wild Scenic and Recreational River Overlay District with the exception of the proposed shelter. The proposed shelter encroaches into the setback required from the Ordinary High Water Level of the Mississippi River. The City is initiating consideration of a variance to allow for the proposed shelter to encroach into the setback required from the Ordinary High Water Level of the Mississippi River by the WSRR District. A public hearing to consider the application has been noticed for the Planning Commission meeting on 15 April 2024. Exhibits: Site Location Map Site Plan dated 03.25.2024 Shelter Plan dated 10.21.15 2 ANALYSIS Carrick’s Waterfront Park was acquired by the City as part of the Otsego Waterfront East development as a community park intended to increase recreational opportunities adjacent to the planned commercial development and increase access to the natural amenities of the Mississippi River for City residents, employees, and visitors. The City has undertaken a number of improvements to the property overtime including plantings and construction of the pedestrian bridge in addition to the trail constructed at the initial time of development. The 2019 Parks + Recreation System Master Plan encourages the City to expand recreational opportunities involving the Mississippi River. Natural resource recommendations of the 2019 Parks System Master Plan include improving Mississippi River access and providing support facilities such as overlooks and viewing areas, and fishing piers. The proposed improvement project will enhance existing access to the park and expand amenities. The improved shoreland access will allow for a river borne connection between Noring Landing at Kadler Avenue in northwest Otsego and Carrick’s Waterfront Park via canoe and kayak. The proposed improvements are consistent with the recommendations of the Parks + Recreation System Master Plan. Carrick’s Waterfront Park development is subject to the standards established by the WSRR District to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the City by carefully controlling development of this river corridor consistent with the State Wild and Scenic River Act and Minnesota Rules. Public parks and recreation uses, including public trail accesses to the Mississippi River, are allowed as permitted uses within the WSRR District. City staff considers the proposed shelter to be a water-oriented structure (and attached wood deck) as its purpose is to provide an overlook of scenic views of Mississippi River and is accessory to the proposed fishing pier and canoe and kayak launch uses included as part of the improvements. Section 11-95-7.E.2 of the Zoning Ordinance requires structures such as the proposed shelter to be setback 75 feet from the Ordinary Highwater Level of the Mississippi River. Section 11-95-9.E.1.a(1) of the Zoning Ordinance further requires that uses such as the structure are to be designed to incorporate topographic and vegetative screening to minimize views from people upon the Mississippi River. The water level of the Mississippi River adjacent to Carrick’s Waterfront Park varies greatly based on seasonal changes and the amount of snow or rainfall each year. The site plan for the proposed improvements identifies the Ordinary High Water Level as defined by the Department of Natural Resources based on elevation as well as a typical waters edge for locating the fishing pier and canoe and kayak launch and access steps. The Ordinary High Water Level of 860 feet is approximately 30 feet landward from the field location of the water level at shown on the site plan at 864 feet, with a cross section of this information is provided below. The proposes shelter is shown to be located at the Ordinary High Water Level, whereas the wood deck extends 12 feet from the Ordinary High Water Level towards the Mississippi River. 3 The distance between the typical elevation of the Mississippi River water level and the regulatory Ordinary High Water level is one practical difficulty with locating the proposed structure in compliance with required setbacks. A second practically difficulty is that moving the shelter another 45 feet west to comply with the required setback would be incongruent with the purpose of the shelter of improving public access and enjoyment of the Mississippi River. Existing vegetation and restoration of vegetation along the Mississippi River shoreline as part of the proposed improvements will provide for required screening of the structure as viewed from the Mississippi River consistent with the requirements of the WSRR District mitigating the potential effects of the setback reduction. Consideration of variances within the WSRR District are subject to the general criteria established by Section 11-6-3 of the Zoning Ordinance, the following additional criteria are to be considered by the Planning Commission: A. The strict enforcement of the land use controls will result in unnecessary hardship. B. Granting of the variance is not contrary to the purpose and intent of this chapter and is consistent with the Minnesota Rules parts 6105.0010 to 6105.0250 and 6105.0800 to 6105.0960. 4 C. There are exceptional circumstances unique to the subject property which were not created by the landowner. D. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. E. Granting of the variance will not alter the essential character of the locality. City staff advises that the proposed variance is justified based on the difference between the defined Ordinary High Water Level and seasonal water levels of the Mississippi River. This fluctuation between the regulatory Ordinary High Water Level and typical water level creates a practical difficulty in locating water oriented structures able to fulfill their intended purpose. Furthermore, the proposed variance is consistent with the intent of the Zoning Ordinance and Minnesota Rules to minimize impacts of development and not alter the essential character of the Mississippi River corridor. RECOMMENDATION City staff recommends approval of a variance for encroachment into required setbacks from the Ordinary High Water Level of the Mississippi River for the planned improvements at Carrick’s Waterfront Park to be undertaken by the City. POSSIBLE ACTIONS A. Motion to recommend approval of variance from the setback requirements of the WSRR District for improvements at Carrick’s Waterfront Park, subject to the following condition: 1. 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. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the policies of the Comprehensive Plan and criteria established by the Zoning Ordinance. C. Motion to table. 5 c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Nick Jacobs, Parks and Recreation Director Gabrielle Grindle, HKGi James Bidell, DNR Site Location Map 461 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels v1-18Apr24 1 VARIANCE FINDINGS OF FACT & DECISION CARRICK’S WATERFRONT PARK APPLICANT: City of Otsego APPLICATION: Request for a variance from the setback requirements from the Ordinary High Water Level of the Mississippi River for construction of a shelter at Carrick’s Waterfront Park. CITY COUNCIL MEETING: 22 April 2024 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 Outlot A, Otsego Waterfront East. B. The property lies within the East Sewer District and is guided for Public and Quasi-Public land uses by the 2023 Otsego Comprehensive Plan. C. The property is zoned PUD, Planned Unit Development District and is within the WSRR, Wild Scenic and Recreational River District; public recreation uses are a permitted use within the PUD District and WSRR District. D. A shelter and overlook deck are proposed to be constructed on the property that is within the setback required from the Ordinary Highwater Level of the Mississippi River in accordance with Section 11-95- 7.E.2 of the Zoning Ordinance. F. 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 11-6-3 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Natural resource recommendations of the 2019 Parks System Master Plan include improving Mississippi River access and providing support facilities such as overlooks and viewing areas, and fishing piers. The proposed improvement project will enhance existing access to the park and expand amenities. The development of the shelter is consistent with the 2019 Parks + Recreation System Master Plan, which encourages the City to expand recreational opportunities involving the Mississippi River. v1-18Apr24 2 2. The proposed use's compatibility with present and future land uses of the area. Finding: The property is a public park adjacent to the Mississippi River that has been developed to be complementary to the adjacent commercial uses and to provide increased public access to and views of the Mississippi River for the community. The proposed shelter will be compatible with existing and planned land uses in the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed shelter complies with the requirements of the Zoning Ordinance except as allowed by approval of the requested variance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed shelter and other improvements will increase use of the property that is within the capacity of streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed improvements are within the service capacities of the City as an expansion of a public facility. G. Variance applications within the WSRR District require that the Planning Commission take into consideration the additional criteria for variances outlined in Section 11-95-21 of the Zoning Ordinance: A. The strict enforcement of the land use controls will result in unnecessary hardship. Finding: The application of the required setback creates an undue hardship for provision of a water oriented structure intended to provide increased public access and views of the Mississippi River. B. Granting of the variance is not contrary to the purpose and intent of this chapter and is consistent with the Minnesota Rules parts 6105.0010 to 6105.0250 and 6105.0800 to 6105.0960. Finding: The variance is consistent with the intent of the WSRR District and Minnesota Rules for recreational enjoyment of the Mississippi River while minimizing impacts of development to the corridor. C. There are exceptional circumstances unique to the subject property which were not created by the landowner. Finding: The defined Ordinary High Water Level is substantially landward of the typical river level where water oriented structures would need to be located to fulfill their intended purposes. v1-18Apr24 3 D. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. Finding: The structure location allowed by the variance is incidental to the public recreation use of the property, which is a permitted use within the WSRR District. E. Granting of the variance will not alter the essential character of the locality. Finding: The variance is consistent with the character of the property to provide for public access and views to the Mississippi River. H. The planning report dated 10 April 2024 prepared by the City Planner, The Planning Company LLC, is incorporated herein. I. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 April 2024 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 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 requested is hereby APPROVED, subject to the following conditions: 1. 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. (Remainder of this page intentionally blank) v1-18Apr24 4 ADOPTED by the Otsego City Council this 22nd day of April, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk