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4.1 Updated ZachmanMeadows_ff_pp(2) (002)v1-18Apri24 1 FINDINGS OF FACT & DECISION PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT ZACHMAN MEADOWS APPLICANT: Boyd Dollansky, LLC APPLICATION: Request to approve a Planned Unit Development, Development Stage Plan and preliminary plat for Zachman Meadows 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 attached as Exhibit A. B. The property lies within the West Sewer District and is guided for Low-to-Medium Density Residential, Medium-to-High Density Residential, and Industrial land uses by the 2023 Otsego Comprehensive Plan. C. The property is zoned PUD, Planned Unit Development District. D. The applicant is proposing a PUD Development Stage Plan consisting of 115 single family villa lots and 160,200 square feet for industrial uses within 15 buildings. 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 residential and industrial elements for the proposed development are consistent with the 2023 Comprehensive Plan, including the following policies: ▪ Cluster land complementary uses and activities into functionally related sub-units of the community as determined by physical barriers, homogeneous land use characteristics, and service area boundaries. ▪ Accomplish transitions between different land uses in an orderly manner so as not to create negative impacts on adjoining developments; changes in types of land use shall occur either at mid-block points, so that similar uses front on the same street, or at borders of areas separated by physical barriers. v1-18Apri24 2 ▪ Recognize the need to develop of a variety of twin homes, townhouses, and multiple family dwellings to supplement conventional single family homes giving due consideration to local market demands and desired community character. ▪ Define distinct areas for varying types of industrial activities and establish respective standards governing development quality. ▪ Identify sites for industrial expansion with consideration as to the physical implications of industrial park planning for traffic generation, rail use, sewer and water demands, and environmental issues. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed development continues the land use pattern from Kittredge Crossings west through Windsong to Kadler Avenue with density increasing towards Kalder Avenue and transitioning to industrial uses. The proposed residential and industrial portions of the development are separated by significant wetland areas. 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 development will comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code including those provisions established as part of the PUD District. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The property is accessed by existing Minor Arterial and Commercial/Industrial Collector streets that have capacity to accommodate the traffic generated by the proposed development. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed development is located within the West Sewer District and includes land uses consistent with the Future Land Use Plan. The City has adequate capacity available to serve the proposed development with it being consistent with the Comprehensive Plan. F. The planning report dated 11 April 2024 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. 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: v1-18Apri24 3 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. The PUD Development Stage Plan approval for Blocks 11 to 25 and the stipulations, limitations, and conditions therein shall be applied to the property in question. All written and graphic materials officially submitted to the City shall be treated as a formal agreement between the applicant and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. 3. All plans shall be revised consistent with the preliminary plat dated 08 Apr 2004 prepared by Landform Professional Services, Inc. subject to the modifications outlined herein. 4. All right-of-way dedication shall be subject to approval of the City Engineer, including revising the preliminary plat to: a. Provide for dedication of 65 feet of right-of-way for the north half of 70th Street. b. Illustrate a schematic design of a roundabout intersection for Kadler Avenue and 70th Street for planning purposes only. c. Dedicate additional right-of-way at the east access to 70th Street sufficient to allow the exception parcel shared access to 70th Street at this location in compliance with setback requirements. 5. All street design and construction plans, street names, lighting, and signs shall be subject to review and approval of the City Engineer. 6. A temporary cul-de-sac overlaid by a temporary roadway easement shall be provided at the north terminus end of Kaeding Avenue, subject to review and approval of the City Engineer. 7. Private drive accessing Blocks 1-9 and Lots 1-3, Block 10: a. The design and construction plans for the private drive shall be subject to review and approval of the City Engineer. b. The private drive shall be posted as a fire lane and on-drive parking shall be prohibited except withing designated parking stalls. 8. Parking zones shall be established on Kittredge Parkway at the time of final plat approval to: a. Allow on-street parking on the south side of the street only between 7:00AM and 2:00AM b. Prohibit on-street parking on the north side of the street at all times. 9. The preliminary plat shall be revised to include a sidewalk on Kaeding Lane and Kagen Avenue and shift the sidewalk on Kaeding Avenue to the west side of the street. v1-18Apri24 4 10. Single family villa lots shall be a minimum of 5.000 square feet in area and minimum width of 45 feet (interior lots) or provide a mean of 5,000 square feet of lot area per unit if platted in a unit/base lot configuration or subdivided by Common Interest Community. 11. Single family villa lots shall be subject to the following setback requirements: Kadler Avenue Local ROW/ Private Drive Side Rear Wetland Buffer 20ft. 74th St./ Kittredge Pkwy. All Others 65ft. 25ft. house 30ft. garage 25ft. 7ft. 20ft. 12. A landscape plan shall be submitted for the residential portion of the development with application for final plat approval meeting the requirements of Section 11-19-2 and Section 11-19-3 of the Zoning Ordinance. a. The landscape plan shall provide for a staggered double row of 8-foot evergreen trees not more than 25 feet on center planted in the yards abutting Kadler Avenue. 13. The builder of the single family lots shall define multiple color packages for the proposed dwellings; no one color package shall be used for more than 20 percent of the total number of buildings and that the same color package not be used for abutting buildings. 14. Proposed homeowners association documents are to be submitted concurrent with application for final plat approval and are subject to review and approval of the City Attorney. 15. Allowed uses buildings and units within Blocks 11 thorough 25 shall include those permitted, accessory, conditional, and interim uses allowed within the I2 District, and : a. Enthusiast garages consisting of one or more buildings or individual units within such buildings for the primary purpose of recreational storage and social gatherings with uses that include storage of vehicles and recreational vehicles and equipment together with social and entertainment spaces for individuals and groups of people, but not including residential occupancy or business activities, subject to the following: (1) Residential occupancy shall be prohibited. (2) Overhead doors for access to garage units shall remain closed at all times between 10:00PM and 7:00AM except for the purpose of moving vehicles in or out of the garage. (3) Open houses, car shows, swap meets or other activities open to the public shall be allowed subject to approval of a special event permit as provided for by the City Code. (4) All flammable liquids and materials shall be stored in accordance with the provisions of the Fire Code. v1-18Apri24 5 (5) Adequate on-site parking shall be provided within the property such that parking does not occur on adjacent public streets. b. Private clubs. c. Outdoor storage as defined by the Zoning Ordinance shall be prohibited. 16. There shall be no minimum lot width or lot area requirement for Blocks 11-25 or base lot open space; development of Blocks 11-25 shall be governed in compliance with the setback and building coverage standards applicable to the I2 District. 17. The building plans for Blocks 11-25 shall be revised to comply with the exterior finish requirements established by Section 11-17-4.E.1.a of the Zoning Ordinance. 18. All accesses for Blocks 11-25 to Kadler Avenue and 70th Street shall comply with Section 11-21-6.B of the Zoning Ordinance, except as may be approved by the City Engineer. 19. All drive aisles accessing the buildings and individual units within Blocks 11-22, 24, and 25 shall be posted as Fire Lanes. 20. All landscape areas within the base lots of Blocks 11-25 shall be irrigated as required by Section 5-2- 3.C.2 of the City Code. 21. An exterior lighting plan that complies with Section 11-16-6 of the Zoning Ordinance shall be submitted with application for a building permit and is subject to approval of the Zoning Administrator. 22. Waste and recycling container storage shall be within individual industrial units or within an enclosure that complies with Section 11-18-4.C of the Zoning Ordinance. 23. All signs shall comply with Chapter 37 of the Zoning Ordinance, subject to approval of the Zoning Administrator. 24. Subdivision of Blocks 11-25 by Common Interest Community shall require submission of declaration documents at the time of final plat approval, subject to review and approval of the City Attorney. 25. All utility plans shall be subject to review and approval of the City Engineer. 26. Sewer Availability Charges and Water Availability Charges shall be paid at the time of final plat approval in accordance with the City Code. 27. Sewer Connection Charges and Water Connection Charges shall be paid at the time a building permit is issued in accordance with the City Code. 28. The preliminary plat shall be revised to provide outlots encompassing stormwater basins, wetlands, and wetland buffers to be deeded to the City at the time of final plat approval for stormwater management purposes. 30. All grading, drainage, wetland impacts, and erosion control plans shall be subject to review and approval of the City Engineer. 31. A stormwater impact fee for Otsego Creek shall be paid at the time of final plat approval in accordance with the City Code. v1-18Apri24 6 32. All easement shall be subject to review and approval of the City Engineer. 33. Park dedication requirements shall be satisfied as a cash fee in lieu of land paid at the time of final plat approval. (Remainer of this page intentionally blank) v1-18Apri24 7 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 v1-18Apri24 8 EXHIBIT A PROPERTY LEGAL DESCRIPTION The South 1102.00 feet of the West Half of the Southwest Quarter of Section 26, Township 121, Range 24, lying West of the East 260.75 feet thereof; EXCEPT for Minnesota Department of Transportation Right -of-Way Plat No. 86-5, and also EXCEPT the East 160 feet of the West 1003 feet of the South 612.56 feet thereof, Wright County, Minnesota. AND The West Half of the Southwest Quarter of Section 26, Township 121, Range 24, Wright County, Minnesota lying west of the East 260.75 feet and north of the South 1102.00 feet thereof, Wright County, Minnesota.