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06-19-06 PCITEM 3_1 NORTHWEST ASSOCIATED CONSULTANTS, INC. pr`'' 4300 Olson Nleinorial Higlwvay, Suite 202, Golden Valley, MN 55422 Or Telephone: 763.231.2555 Facsimile: 763.231.2561 planners c;nacplanninq.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Bob's Produce; PUD Development Stage Plan REPORT DATE: 14 June 2006 60 -DAY DATE: 15 July 2006 NAC FILE: 176.02 - 06.16 CITY FILE: BACKGROUND Landcor, Inc. has submitted plans for development of a 10,569 square foot building on Lot 1, Block 5 Mississippi Shores 6th Addition located at the northwest corner of CSAH 39 and CSAH 42. The proposed building would be occupied by a fresh produce/deli market and adjoining bakery/coffee shop having a drive though windown. The site was previously developed with a Tom Thumb convenience gas station which has been demolished. The City has also recently completed an improvement project extending utilities to the commercial lots within the Mississippi Shores subdivision and upgrading the frontage road accessing these properties. The subject site is guided for commercial land uses by the Comprehensive Plan. The current zoning of the property is PUD, Planned Unit Development District in accordance with Ordinance 2005-20 approved by the City Council on 26 September 2006. Consideration of the development application requires approval of a PUD Development Stage Plan. Exhibits: A. Site location (1 sheet) E. Building Floor Plan (1 sheet) R_ Site Plan (1 sheet) F. Grading Plan (1 sheet) C. Landscape Plan (1 sheet) G. Utility Plan (1 sheet) D. Building Plan (1 sheet) ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial uses as part of the larger retail/service business area at CSAH 39 and CSAH 42 defined as the City's primary commercial center. The proposed business is a unique use that will likely be a destination for both local and regional patrons. Zoning. The Mississippi Shores commercial PUD District allows for the same uses as provided for by the B-3, General Commercial District. The proposed retail produce/deli sales and coffee shop/bakery uses to occupy the building are permitted uses within the B-3 District. The drive through for the coffee shop/bakery is an allowed accessory use. Surrounding Land Use. The table below describes existing and planned uses surrounding the subject site: No compatibility issues are anticipated. Direction Land Use Plan Zoning Map ­Existing Use North Commercial PUD District Godfathers/Fun Cit East Commercial PUD District Convenience Gas Medical Office South Commerical A-1 District Undeveloped Single famil dwellings West Commercial PUD District Off -Sale Li uor Building Design. The proposed 10, 569 square foot building is a one-story structure having 4" brick as the primary facing material over a rock -face block base. Cornice and pilaster elements provide detail and interest to the building design as do awnings above the window sections. We would recommend the addition of faux window panels at the south end of the east elevation and east 2/3rds of the south elevation under the awnings for a more consistent "front" to CSAH 39 and CSAH 42 where the building is most visible. We also recommend an additional pilaster at the west corner of the south fagade for this same reason. The building is very attractive and will be a visually pleasing addition this prominent corner at the CSAR 39 and CSAH 42 intersection. Landscaping. The applicant has submitted a landscape plan for the subject site that includes plantings at the perimeter of the site and in the parking area. The proposed plant types and sizes are consistent with Zoning Ordinance standards and we offer the following design comments: ■ Because of the integration of the parking area between the subject site and Godfathers, consideration should be given to extending the trees proposed along CSAH 42 north to Park Avenue. ° Placement of ornafTienial atIU/or 51ICiUC LrCeJ jlIVuid CvtILitI � ��Mj--en+ to the (`C�I-I 39 to the west property line. ■ The cotoneaster hedge along the west property line should be extended to the south building line to fully screen the loading area at the rear of the building. 2 ® Planting containers should be incorporated along the sidewalk and outdoor seating areas adjacent to the building. Lot Requirements. The PUD District specifies the following lot requirements applicable to the subject site: Min. Lot Min. Lot Setbacks CSAH 39 CSAH 42 Frontage Park Side Rear Area Width 68 Street Avenue 1 ac. 200ft. 30ft. 30ft. Oft. 30ft. 1 Oft. or 35 ft. abutting an R District at the perimeter of the PUD; Within the PUD District a 20ft. separation between buildings shall be maintained. The subject site has an area of 1.1 acres and is 215 feet wide. The location of the proposed building upon the lot is setback a minimum of 90 feet from adjacent County road rights-of-way, is 33 feet from the existing building to the west and 49 feet from the existing building to the north. The proposed site plan complies with all applicable lot requirements. Access. The subject site is accessed from CSAHH 39 and Park Avenue via an existing public frontage road along the east and south sides of the property. The City has recently completed an improvement project that upgraded the access to Park Avenue at the north side of the adjacent Godfather's restaurant property and the frontage road. The design of the frontage road include provision of parking stalls within the public right- of-way to expand the parking supply available to the subject site and Godfathers on the assumption that the area will function like an integrated shopping center. Use of the parking stalls within the public right-of-way to meet Zoning Ordinance requirements for the proposed use (and for Godfathers) requires either that the public right-of-way be vacated or that a land -lease agreement between the City and property owners be executed. The expectation is that the subject site and Godfathers will petition the City for vacation of the right-of-way from the west line of the subject site to Park Avenue. If the right-of-way is to be vacated, an easement allowing the three lots west of the subject site to maintain access to Park Avenue would be required. As the process to vacate the public right-of-way has not been initiated, resolution of this issue will be a condition of approval. Off -Street Parking. Off-street parking calculations for the proposed use are shown below: Use Requirement Stalls Required Produce sales 1 stall / 250sf. 29 Coffee shop/Bakery 1 stall / 40sf. seating 1 stall / 80sf. kitchen/ rep 39 T®TAL 68 J There are 60 parking stalls shown on the subject site and adjacent public right-of-way, or a deficit of eight parking stalls. An agreement between the subject site and Godfathers is to be established to allow cross parking between the two businesses. The parking area east of Godfathers has 71 stalls and the parking lot west of Fun City has 43 stalls for a total of 114 stalls. Godfathers/Fun City are required to provide 102 parking stalls leaving a surplus of 12 parking stalls. These calculations do not account for outdoor seating areas at Godfathers/Fun City and proposed on the subject site which is consistent with past City action given the seasonal nature of those seats. The number of parking stalls provided between the two sites is likely to be adequate given that the parking requirement calculation for Bob's Produce includes approximately 2,500 square feet of prep area and storage. We would recommend that signs be located at the Godfathers site entrance to Park Avenue indicating additional parking available at the lot west of Fun City and that an sign also be added at the entrance to the west lot identifying additional parking to provide direction if the parking area becomes congested during peak business hours. Drive Through. A drive through service window is proposed for the coffee shop/bakery on the north side of the proposed building. Customers accessing the drive through would approach from the east (traveling west) to the service window. Curbing directs traffic exiting the drive through away from the building to allow visibility of approaching north bound traffic along the west side of the building accessing the drive through window at Godfathers pizza. Both the exiting coffee shop / bakery and approaching Godfathers patrons have stops at the northwest corner of the building. Signs warning of approaching traffic should also be provided for each lane as well as pavement stripping. Separate stacking space for the coffee shop / bakery is minimal from the service window and none is provided behind the order board. This situation may create circulation conflicts with through traffic or access to the parking stalls closest to the building at peak times. Given the orientation of the building, required access locations for the service window and the configuration of the property, we do not have a solution to offer for this issue. Stacking space for the Godfather's service window is more than adequate along the west property line of the subject site. The area between the drive through windows for the proposed building and Godfathers building is not well defined by the site plan. The site plan is to be revised to identify a landscaped island between the two buildings to minimize impervious surface and provide direction to traffic movements. Loading. The loading area is on the west side of the proposed building requiring trucks tU el ltCl r--IIVM park A venue drive nn -,t the south side of the building (beyond the west r,,.... property line and into the remaining frontage road right-of-way) and back into the dock. While Section 20-22-2.A of the Zoning Ordinance required all loading movements to occur off-street, the intent of the PUD District was that the entire Mississippi Shores commercial development would function like a private shopping center, not just the subject site and adjacent Godfathers site. As such, the use of the public right-of-way for the backing maneuver required to access the loading area is acceptable and will likely M not interfere with circulation given the limited volume and limited through traffic generated within the area. Signs. The submitted building elevations identify a 50 square foot wall sign on the ease and south elevations of the building, facing CSAH 42 and CSAH 39 respectively. The location and area of the proposed wall signs is consistent with the allowances of Section 20-37-5.0 of the Zoning Ordinance. The site plan does not identify the location of any freestanding signs. If a freestanding sign is to be provided, it is limited to an area of 100 square feet per side, a maximum height of 20 feet and must be setback 10 feet from any property line. A sign permit is required prior to placement of any sign upon the building or property. Lighting Plan. A plan identifying the type, location and illumination field of all exterior light fixtures has not been submitted. This information is required to determine compliance with Section 20-16-10 of the Zoning Ordinance and must be submitted as a condition of approval. All light fixtures must have a 90 degree horizontal cut-off and cast not more than 1.0 foot candle of light to any property line. Trash Storage. The site plan indicates the location of a trash storage area shared with Godfather's at the northwest corner of the subject site. As the trash storage area is actually on the Godfather's property, an agreement between the two properties is required. The trash area is required to be screened from view by an enclosure that includes a gate front in accordance with Section 20-16-15.13.3 of the Zoning Ordinance. Grading Plan. A grading plan for the subject site has been submitted and was prepared in coordination with the City improvement project within the abutting right-of- way. The grading plan is subject to review and approval of the City Engineer. Utility Plan. A utility plan for the subject site has been submitted and was prepared in coordination with the City improvement project within the abutting right-of-way. Drainage and utility easements will be required for any facilities shared between the subject site and abutting lots. The grading plan is subject to review and approval of the City Engineer. RECOMMENDATION The proposed PUD Development Stage Plan will provide for a unique use within an attractive building at a significant location in Otsego consistent with the Comprehensive Plan. Furthermore, the proposed development is consistent with applicable development regulations. Our office recommends approval of the application as set forth below. 5 POSSIBLE ACTIONS A. Motion to approve a PUD Development Stage Plan for Lot 5, Block 1 Mississippi Shores 6t" Addition, subject to the following stipulations: The building elevations are revised to add faux window panels at the south end of the east elevation and east 2/3rds of the south elevation and add a pilaster at the west corner of the south fapade. 2. The landscape plan is revised to: a. Continue ornamental and/or shade trees adjacent to the CSAH 39 to the west property line. b. Extend the cotoneaster hedge along the west property line to the south building line. C. Incorporated Planting containers along the sidewalk and outdoor seating areas adjacent to the building. 3. The developer and owner of the Godfathers property shall petition the City for vacation of the public right-of-way for the City frontage road or each shall enter into a land -lease agreement with the City to provide for all maintenance of the access drive within City right-of-way and to allow use of areas within the right-of-way for parking stalls to comply with off-street parking requirements for individual uses within the PUD District. 4. A cross parking and access agreement shall be established between the subject site and Godfathers property regarding off-street parking, drive through access and trash access. 5. The site plan is to be revised to identify a landscaped island between the proposed building and Godfathers building to minimize impervious surface and provide direction to traffic movements. 6. All signs shall comply with Chapter 37 of the Zoning Ordinance and a sign permit is required prior to placement of any sign upon the property. 7. A lighting plan identifying the type, location and illumination pattern of all exterior fixtures shall be submitted and shall comply with the requirements of Section 20-16-10 of the Zoning Ordinance. 8. All grading and drainage issues are subject to review and approval by the City Engineer. 9. All grading and drainage issues are subject to review and approval by the City Engineer. 0 B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer John Brickley, LandCor Rudy Thibodeau uj ADD ISLAND MM ------ =r mum - =3 cla z ISI i z w < (A PROPOSED BUILDING FFE — 868.20 10,569 SF Z < Lo NE 90TH STREET (C.S.A.H. NO. 39) NORTH 90TH STREET NE (C.S.A.H. NO. 39) I RAMC of 514/06 2 EXHIBIT B EXTE RITE LMIDRC:NV/G-PIANTING SCNEGULE K Y LOMYON NAME - 90ii.HICK g -T——T rxn �y 5 r ADD ISLAND ND - -- i - ADD CONTAINERS a Q U [[F � HEDGE j z 1 it Q i y c a EXTEND TREES 9Dth Street N.E. / County Highway 39 AL ryra r � FE { w � 1070.0.14 05-09.06 L7 EXHIBIT C 161' ADD FAUX WINDOWS qAS ELEVATION Aa.l SCALE: 1/8.. = 1'-0. i_w/— . ... IAEA ol (q)!�E§T ELEVATION ,E- /,.. = I. -D. T- 33' -W 1. r-2--8' ADD PILASTER I I t ADD FAUX WINDOWS 4 NORTH ELEVATION SCALE: 1/8.. = I. -o - ELEVATIONS 12'-0" CLEAR INTERIOR EXHIBIT D 0 M ADD FAUX WINDOWS 4 NORTH ELEVATION SCALE: 1/8.. = I. -o - ELEVATIONS 12'-0" CLEAR INTERIOR EXHIBIT D 0 TIZI ill - olow wn i;uo urn wfr'1 Q W 4� 0 C Cn uo� Z -n �N� 0� �n rQ C7 o 0� m X c -0 �7 0 c > CZ Z L CJ o D OTSEGO RIVER PLAZA BOB'S PRODUCE sP-.-'l" &1'325 rNOWR COMPANIES MCCOY !V GROUND FLOOR PLAN RANCH D ANE NORTH ARCHITECTS k'I 79NNFAPOLIISS. 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MOI M BE 50[Om Aip OPEAIFR A4M 0 iF T N IEI°IT. snWA HAW: fAWaM comma PAePK smAum. 41 U a amuwm Mus Mm ro u scam. sEmow 9W1 WIPIY WY W/n0i SPEC. P0. JB)4 € o AI A RAR Q W Cas/MlE SEIDYIO W AHO IXY WELmAnOx AREAS SRNL BE YO(nAW S1WPaI (w.nl[ ..ETT ) N PCCOnOAHCE WM YIYOT b>a, AT A RAR Of O S R tffi/A NE MAOI EnyA mypCT WM PT �pOpSPCCIMCAnON .1BB; TttY 1. H IYAOI 6PW1 BE APPIIm W ACCOmMCE Wm YlA°IS �i 14ff µp)�mrtw �'°C f0 eE APNIm Ai A PALE Of I iM4 Ppi MnE A 010; amwS1EA OP OnOR APPROND a � Q N EO [gWPYFMI, nrE NsuPam Anus wrW m ME mm NORTH 1070.014 GRAPHIC scats ., 5/4106 N.Mrw 3 Mvuar.ma y.lawua- EXHIBIT F I W N I n I1II �ii ~ — �j rn 1 9L V I PROPOSED BULDINO wrAu. W1aW�.r nua -/ I CV FIFE - 866.20 — a -1r 'd M � AA Au l � I it t 1 —1— I— NE 90TH STREET NORM 1 (C.S.AH. N0. 39) GRAM 90TH STREET NE (C.S.A.H. N0. 39) LEGEND =Q- aOglF9 NWnIAT o - .alan DOIA,c w.rr •o - PowlEz emRc rcrESNu • O Pv� raL w Ims1µ - ow�a �Pas1 — -- - main's wrtAvx axa o- = owala rAlw v '"wiwr ® _ NwvEs HwoYn uroBAsr UTILITY NOTGS cW1RAcmR sNAu F1m wan LncAnaNs Aro nEVAnorls a ElaSTING UIR1116 AND TOPOGRAPHIC fiA1UREs PRICIL nl 111E COIRERCEIENT di 511E CRAOWa nE CWIMCIOR SHALL RINEB4IELY UI NO11fY FNOIIEEEItt pE tl5C1FPANUE9 O(1 YARIAnOHs fnCY lIE PlAN4 'l1 EIaS1wB UIYATY L 1-,s mom ARE APPRoYIATE. WNTACT � A 1 GOPHER 'TAMCCML' (a51-As1-0002) faR Unun Lau11011� y! HWRS PRDR TO EACAg.0 U� 7t3( UIWtt CWs1ROCnON ,l SHALL CRIFgW 10 111E CURREM::T s STAHOAAo SPEOf1cARON3 fOR WATEA YAw AND SERYKE LWE SS i! fcp -9 Ct wSTAYARW AID SAWTARY SEWER ANO STORY SEWER B6TALLAn011• A5 PREPARm I�:.{ Yi BY 1HE Ott fNG111FD1S ASSOCIAR011 OF 11WNEWTA ,ay tiV1 LAn]I BASIN$ YANNOlE4 w PAw1 AREAS N BE sI1HPm Q01 iTEI. III BE Tm a4s, 6 w :'•''; ::- .... ON PPS Il0 NOTT REi1EOo'T 9UYPFD EIEIIAlIBNS. µL WATEH PPE TO BE DUCT2E •ON PIPE (D.LP.) CCAs 52 µ• PWY WRAPPED. UNLESS oR wsE IDm. ALL FIRE H—I-15 91µy BE LWAIED 5 FEET BEHM EACH OF CU• WESS onIERWSE Not _ U _ Be I.1 M TEnYANn@µYW"YtI— EXIEHSION, E%iF ms TO BE WL1pENTA U R A YWWUY Q ao' 6' EOKR AEOUwfD TEII ALL WAIQWAWL UNLESS OTH W NONOM.EXnU OEPTN YAY BE REOIIIRED To YAwTAW A YW. IB KAnGµ SF➢ARAI1011 i0 oo .S a SANIIMY OH sT SE—, LINES a F A MINIMUM OF 15' OE —cµ StyAPAiDN ANO la 6 N01a2gITK SEE•ARAn. IS REq.1REo FOR µE an W.& UNLESS onIEAWY NOTED. m ALL SANITARY SE— PIPE to BE 1-W OapaOE PIPE (P.Y ) S,B m >5 UNIESS OTHERWISE NOTED. —IRACIN SHALL .-I" As- V %ANS nIRWGHWT Jµ AR CWSIRUcn ANO SUBMIT THESE PEWS IO ENGWFEH UpOH o01�lEI1OH OF WORK 514106 4 Naw"51'..5W2L EXHIBIT C Hakanson ; 1 Anderson Phone: Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 r Assoc., Inc. MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Andy MacArthur, City Attorney John Brickley, LandCor Construction, Inc. Metro Land Surveying and Engineering From: Ronald J. Wagner, P.E. Date: June 15, 2006 Re: Bob's Produce Ranch, Lot 5, Block 1 We have reviewed the Preliminary Construction plans, dated 5/04/06, with revised Site Plan, dated 6/12/06 for the above -referenced project and would offer the following comments: Site Layout The person(s) name and contact information is needed for the developer and developer's engineer. 2. While maintaining drainage and utility easement over the existing city utilities within the old R.O.W. for the service road, adjacent to 9& Street and Parrish Avenue, an agreement between the Godfather's parcel to the north and Bob's Produce Ranch parcel must be in place regarding a cooperative ingress/egress easement over both lots. 3. A final plat shall be submitted depicting all drainage and utility easements, R.O.W., and lot dimensions. Drainage and utility easement is required over all shared utilities (storm sewer stubbed to other properties and watermain to hydrants.) 3. The current zoning for this site is restaurant and entertainment. The proposed plat requires rezoning to a PUD district. Also, adjacent zoning information shall be provided. 4. The existing curb/median in the northeast corner of the lot is labeled as remove. This will produce 6 additional parking stalls. There is an existing street light in the east portion of this median that shall rcmain. Leaving this portion o the median will reduce the number of additional parking stalls to 5. The plans depict existing curb and gutter at the southwest entrance being removed. The plans shall depict the existing cross gutter along the south side of the parking stalls. The new curb and gutter C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\Z912UD50\ot2500bobproducervw I (1).doc shall tie into the existing cross gutter at this location to provide a minimum 1% grade over the bituminous at the widened entrance. 6. The typical section used with the parking areas and the frontage road does not agree with the typical section proposed for the paved areas for this plat. The typical section used by the city was 1 '/2" LVWE 45030C, 2" LVNW 35030B, and 6" (100% crushed) Class 5. 7. A garbage area is proposed in the northwest corner of the lot, west of Godfathers. Gates shall be shown on plans for enclosure of the trash area. Grading, Drainage, and Erosion Control 1. Minimum grade along curb and gutter is 0.6%. Minimum grade across bituminous areas is 1%. Please provide additional grades/spot elevations showing minimum grades. 2. Depict the setbacks and easements in the grading plan. 3. The plan is difficult to read due to the text size and/or font. Please revise. Utilities 1. The sanitary sewer consists of a single manhole with a service connection to the building. The water service will connect to an existing 6" stub at the southwest entrance. Hydrant coverage is insufficient over the northwest corner of the building. An additional hydrant is required behind the curb and gutter near the west property line, just south of the electrical utility boxes. The 6" watermain may be extended to place this hydrant. A drainage and utility easement is required over this watermain. 2. The plan is difficult to read due to the text size and/or font. Please revise. Hakanson Anderson CADocuments and Settings\TamiTocal Settings\Temporary Intemet Files\Content.IE5\Z91 Assoc., I nc. (1).doc JUN-16-2006(FRI) 06:33 Landcor P. 002/002 LandCor, Inc 7 LandCor Ls� �Construction, Inc Lahkor Compa_ DartWWL Ot=aGOOIadwl CD to • t}�ndl June 16, 2006 -� !Q Staff. City of Otsego Judy Hudson. City Clerk 8899 NE Nashua Avenue Otsego, Mn 55330-- 763-44 1 -441.4 5330763-441-4414 Re: Petition for Public right-of-way vacation Dear.Judy, ; This letter is to serve as our.Petition for Public right -of: way vacation. This Petition is for. vacation of right-of-way from the west line of the Bob's Produce site to Park Avenue on the North side of Godfathers, as outlined on* Exhibit W attached hereto_ John Brickley Rudy Thibodeau Development Associate Goddfaty(ers LandCor Inc.:.. ,_ . Owner.... . On Behalf of.our client Land Funding I, LLC 9325 Upland Lane North, Suite 300 • Maple Grove, MN 55369 Phone: 763-463-8800 •.l:<ax: 763-463-8801 • WWW.IandeorInc.com ITEM 3-2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ner&anacplanning.com I1, I:Ilh, Low,II IW M TO: Otsego Planning Commission FROM: Laurie Shives / Daniel Licht DATE: 14 June 2006 RE: Otsego — Rolfe Builders, Inc.; Variance from Required Feedlot Setback FILE: 176.02 — 06.19 BACKGROUND Rolfe Builders, Inc. is requesting a variance from the required 1,000 -foot feedlot setback for the property legally described as Lot 1, Block 1, Arbor Creek 3rd Addition. The applicant is requesting a 75 -foot variance from the feedlot setback in order to allow for reasonable use of the established single family lot. The City issued a building permit for -3 single family dwelling on the subject site and construction is significantly advanced. The need for the variance was identified when the feedlot operator to which the 1,000 afoot setback applies questioned the location of the home. ,Attached for reference: Exhibit A — Site Location Exhibit B — Berning Feedlot Setback Exhibit C — Arbor Creek 3rd Addition Preliminary Plat Exhibit D — Arbor Creek 3rd Addition (Proposed) Exhibit E — Arbor Creek 3rd Addition (Actual) ANALYSIS Zoning. The subject parcel is zoned R-6, Medium Density Residential District. Single family dwellings are a permitted use of the R-6 District. 0 Feedlot Setback. Section 20-27-9 of the Zoning Ordinance requires a 1,000 -foot setback for any new dwelling from a registered feedlot. The Berning feedlot located north of 80th Street and east of MacIver Avenue is a registered feedlot under Section 20-27-2.8 of the Zoning Ordinance. The setback required from the Berning feedlot was identified as part of the preliminary plat review of Arbor Creek. Lot 1, Block 1 Arbor Creek 3rd Addition. The subject site was proposed to be final platted as part of the Arbor Creek 2nd Addition. A condition of approval for the 2nd Addition the developer to submit house plans for these lots illustrating compliance with the setback requirement or plat all lots within the 1,000 -foot feedlot setback illustrated on the final plat as outlots. The subject site was established as outlot on the 2nd Addition final plat that was recorded. Plans submitted to our office for the proposed third addition did not include the subject site. The City Engineer indicates that the construction plans the �r received for the 3rd Addition did include the subject site. The approval for the 3r Addition included a condition that any proposed lot within 1,000 feet of the Berning feedlot be platted as an outlot unless building plans demonstrated feasible use of the property. The final plat signed by the City and recorded with Wright County includes the subject site as Lot 1, Block 1 establishing a lot of record. The developer of Arbor Creek, Emmerich Development sold the subject site to the applicant. The City has issued a building permit to the applicant for construction of a single family dwelling upon the property. After the feedlot operator questioned the location of the home under construction, City staff reviewed the site plan and final plat and determined that the house is 925 feet from the Berning feedlot. The City Attorney advises that the establishment of the lot of record and issuance of the building permit conveys entitlements to the applicant. City staff advised the applicant to apply for a variance from the feetlot setback requirement. Variance Criteria. Section 20-6-2 of the Zoning Ordinance outlines the variance criteria that must be considered by the Planning Commission and City Council when reviewing a variance request as follows: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and the City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. 2 2 d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood or in any way be contrary to the intent of this Chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 2, below. A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. (3) Special conditions and circumstances causing undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. W g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. City staff advises approval of the variance is necessary to avoid creating undue hardship for the applicant as the subject site is a lot of record and denial of the variance will refuse the applicant the right to put the property to reasonable use. CONCLUSION/RECOMMENDATION The Planning Commission and City Council have the option of either approving or denying the requested setback variance. However, it is the recommendation of City staff that the Planning Commission and City Council approve the proposed variance, based upon the findings outlined below. POSSIBLE ACTIONS A. A motion to approve the variance request based on a finding that denial of the variance would refuse the applicant the ability to put the property in question to reasonable use. 1. The subject site as a legal lot or record and a building permit has been issued for construction of a single family home upon the property. 2. Denial of the variance would deny the applicant the ability to put the property in question to a reasonable use. B. Motion to deny the variance request based on a finding that satisfaction of criteria for approval has not been demonstrated. C. Motion to table the request. C. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur Mike Rolfe John Jackels Tom Berning S 3 FEED LOT BUILDING LIMITS CITY OF OTSEGO, MINNESOTA MAY, 17. 2006 12.50PM IC. , P, 2 1 .. IN LCIS € a 3 3 e ii 8 o�pp°� L ;•.t�elaFF�.: tFr o Rt et 0 �•15 bet5'e"'F�weP�'t.,nttyS �► �•(■ b F )� �� • :�ii SiiY �£ � � :Fit�'ajiihJt�tir�! w syl. er.trrr �yc IaIA•" 6� EEE' Gbf>' cy �� � P � qq � !'� - �� 3 �atr ��:'fe e + ' r�3i' t6����i��i:FQi 1 t:•� 1~ p QQ e�c�y cao� d' � 9 �•'. 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June 19, 2006 Re: Public Commentary on Variance from Feedlot Setback Beming Family Dairy Inc. owned by Barbara Beming and Thomas Beming, requests that the variance request by Rolfe Builders Inc. be denied. The request should be denied based on not meeting the variance criteria in section 20-6-2 of the zoning ordinance including 1. c., 2. c., and 2. d. 1. C. Granting the Variance would allow a use which is prohibited in Section 20-27-9 of the zoning ordinance requiring a 1,000 foot setback for any new dwelling from a registered feedlot. 2. C. The hardship created is the result of Emmerich development knowingly submitting Lot 1, Block 1 Arbor Creek Td Addition as a buildable lot not in the Td addition preliminary Plat, but in the and addition Final Plat, when in fact they had been notified and followed through previously in submitting that particular lot as an outlot in the Arbor Creek 2"d addition Final Plat_ 3. D. Granting the Variance request will in fact confer on the applicant special privileges that are denied by the 1000 foot setback. Conclusion Emmerich development should handle this issue with Rolfe Builders since they created the hardship by knowingly submitting as a buildable lot what had previously been documented as an outiot due to the 1000 foot setback. Otsego should not set a precedence of allowing Emmerich development, to operate without following Otsego's ordinances. If the Variance is given, Otsego needs to not allow this to set a precedence for additional building within the 1,000 foot setback and Rolfe Builders, Inc. should inform all potential buyers of the dwelling that it was built with a variance, allowing it to be within 1,000 feet of Beming Family Dairy and accept that at times there may be odors and sound that are associated with being located near Beming Family Dairy. 0 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersa,nacplanning.com 19 June 2006 Thomas and Barbara Berning Berning Family Dairy, Inc. 11756 801h Street NE Otsego, MN 55301 Dear Mr. and Mrs. Berning: This office serves as the City Planner for the City of Otsego. We have received a copy of your correspondence dated 19 June 2006 regarding the Rolfe Builders Inc. variance application. We understand that you will be unable to attend the public hearing and are writing to provide you the responses we will offer in regard to your comments: 1. The variance is not a use variance. The zoning of the lot allows use of the property as a single family dwelling. Use of the property for a single family dwelling is further subject to other performance standards established by the Zoning Ordinance, including the 1,000 foot setback from a registered feedlot. An example of a use variance would be allowing a gas station to be constructed in a residential district, where the Zoning Ordinance would not otherwise allow that use to locate. 2. We agree that the hardship is a result of actions by Emmerich Development, Inc. and the City of Otsego in allowing the subject site to be established as a lot of record. However, the transfer of the lot between Emmerich Development, Inc. and Rolfe Builders, Inc. creates a situation where a third party is involved and that third party cannot be proven to have caused the hardship. 3. Granting a variance to allow construction of a home within the 1,000 foot setback is a situation unique to the subject site as there are no other properties within 1,000 feet of a registered feedlot upon which a house cannot be built in accordance with the provisions of the Zoning Ordinance. Thomas and Barbara Berning 19 June 2006 Page 2 As Mr. Berning and I discussed on the phone on Friday, 16 June 2006 City staff is recommending approval of the variance. Approval of the variance will in no way establish precedence for platting of additional lots currently platted as outlots or construction of additional homes within 1,000 feet of the registered feedlot in accordance with the Zoning Ordinance and the preliminary plat approval for Arbor Creek. Knowing that you are unable to attend the Planning Commission meeting on 19 June 2006 and recognizing that you are likely the only persons affected by the variance application other than Rolfe Builders, Inc., we will advise the Planning Commission that they have the option of tabling the request to their meeting on 10 July 2006 to allow you the opportunity to appear and speak. In closing, I would note that we understand your request that the Planning Commission and City Council deny the variance request. We acknowledge our part in allowing the lot to be final platted and recorded and have taken appropriate steps to ensure that the documents formalizing the actions of the City Council are correct. If you have any questions or wish to discuss this matter, please do not hesitate to call me at your convenience. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. D. Daniel Licht, AICP Senior Planner C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer