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11-19-07 PCITEM 3-1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Minnesota Native Landscapes (MNL) REPORT DATE: 15 November 2007 NAC FILE: 176.02 BACKGROUND The City of Otsego has annexed 52.6 acres of land from Monticello Township at the end of 77th Street, west of Jalger Avenue. The annexation area consists of two parcels; a 22.4 acre parcel abutting the 77th Street right of way owned by Michael and Alice Helfert, which is developed with one single family dwelling (see Exhibit A) and a second 30.2 acre parcel abutting the west side of the Helfert property and is being purchased by Minnesota Native Landscapes (MNL). The 30.2 acre parcel is a landlocked parcel currently owned b� Mrs. Elieen Shierts who also owns 126.8 acres north of the MNL parcel fronting 85t Street. The annexation was initiated by the property owners in response to the City's concerns about MNL developing a landscape seed and restoration business on their parcel that would utilize 77th Street in Otsego for access. The City's issue with the use of 77th Street by the business was that the street is already in poor condition and truck traffic generated by MNL would accelerate the need for major road repairs. The property owners were in favor of the annexation as Otsego's development controls are more flexible at addressing the unique issues related to the proposed development than those of Wright County. The applications being considered in relation to the annexation are: Comprehensive Plan amendment to include the annexation area within the West Sewer District and guide the parcels for future industrial use. Zoning Map amendment rezoning the annexation area from A-1 District to A-2 District PUD -CUP to allow for indirect access to a public street, administrative subdivision of a parcel not fronting a public right-of-way and lot areas less than 20 acres within the A-2 District. ANALYSIS Comprehensive Plan. The Comprehensive Plan does not address extra territorial land use due to the area of the City and available undeveloped land supply. The annexation of land from Monticello Township was unexpected and a result of the unique issues impacting 77th Street. As such, it is necessary to establish a future land use and sewer staging plan for the annexation area. The area of Otsego west of CSAH 19, south of 80th Street and north of 1-94 is guided for commercial and industrial uses (except for Kittredge Crossings). The future land uses guided in this area is intended to be an opportunity to expand local employment, increase the City's tax base and take advantage of visibility from 1-94 via existing accesses at CSAH 37 and CSAH 19 or the planned Kadler Avenue/Future CSAH 37 interchange. The annexation area abuts the north side of 1-94 and both parcels have good visibility. MNL's proposed use is considered to be an agricultural business, but one that would compatibly exist within an industrial area. It is recommended that the annexation area be designated for industrial use on the Future Land Use Plan. Development of the MNL site is expected to utilize an on-site septic and well. However, the City Engineer has made a preliminary analysis for extension of sewer to the annexation area. The annexation area can be served in the future off of the trunk sewer lines that will be extended northwest of Kittredge Crossings and then south to the area south of 1-94. As such, City staff recommends that the annexation area be included in the West Sanitary Sewer Service District. Zoning. In accordance with Section 20-50-4 of the Zoning Ordinance, parcels annexed to the City are zoned A-1 District. The City treated development of a use similar to that of MNL off of Oakwood Avenue as an agricultural use with respect to site development standards and requiring only administrative approvals for site and building plans. We recommend the same approach apply to the proposed MNL site. As such, both MNL's proposed business and existing residence on the Helfert property would both be allowed as permitted uses within the A-1 District. A rezoning to A-2 District and a PUD - CUP is proposed to address the following issues: Access. 77th Street currently dead ends at the Helfert property. Wright County was going to require MNL to create a 66 foot wide parcel connecting their 30.2 acre site to the end of 77th Street. Otsego's approach is to require dedication of an 80 foot wide right-of-way easement from the end of 77th Street across the Helfert property and to the north line of the MNL parcel. This right-of-way will allow for construction of a future industrial street that could eventually be connected to 85th Street through the remainder of the 126.4 acre Shierts property. Construction of a public street within the right-of-way will be deferred until either the MNL parcel or Helfert parcel are rezoned to an industrial district for sewer and water or the City otherwise determines a need for the street. In the interim, MNL will construct and maintain a 20 foot wide gravel driveway to use for access to their property and the Helfert property. 2 Lot Requirements. Access to the MNL parcel from 77th Street is to be provided for by establishment of a permanent right-of-way easement across the Helfert property. Although the right-of-way will be established as an easement and not a platted parcel, the Helfert property is effectively divided. The City has recognized that parcels divided by public streets as two separate parcels. The A- 1 District requires a minimum lot area of 20 acres of which the divided Helfert parcels would not comply with. Rezoning the annexation area to A-2 District allows for a minimum lot area of 1 acre and recognizes that the Helfert property be allowed one development right on each parcel divided by the roadway easement. MNL Administrative Subdivision. MNL's acquistion of the Shierts property within the annexation is outright purchase of the east 10.0 acres and a contract for deed for the west 20.2 acres. For mortgage purposes, it is necessary for MNL to divide the property into two parcels. The rezoning to A-2 District with a PUD -CUP allows for the lot area less than 20 acres. Because the west parcel acres will not abut the 77th Street right-of-way easement, subdivision of the property requires approval of the PUD -CUP to allow a lot without frontage to a public street. City staff believes that the lot split is appropriate given that the land would revert to Ms. Shierts if the contract for deed is not satisfied. As the MNL parcel is land locked and accessed through Mrs. Shierts other property, the original condition would essentially restored. We recommend that a condition of the PUD -CUP be a prohibition on issuance of a building permit upon the proposed west parcel unless access to a public street is provided for to ensure than any development of the site by other than MNL would have access as intended by the Zoning Ordinance. MNL will need to submit a certificate of survey and legal description of the proposed administrative subdivision, which is subject to approval by the Zoning Administrator. Development Contract. MNL and Helferts must enter into a development contract with the City regarding dedication of the right-of-way easement, improvements to existing 77th Street and other conditions related to the annexation. The development contract will be drafted by the City Attorney and is subject to approval by the City Council. Criteria. The applications for a Zoning Map amendment and PUD -CUP are to be considered based upon, but not limited to, the criteria outlined in Sections 20-3-2.F and 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities 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. RECOMMENDATION Our office recommends approval of the Comprehensive Plan amendment, Zoning Map amendment and PUD -CUP for the MNL and Helfert properties as outlined below. POSSIBLE ACTIONS Decision 1 - Comprehensive Plan amendment A. Motion to approve an amendment of the Comprehensive Plan including the subject sites within the west sewer district and guiding the area for future industrial use consistent with the policies of the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan. C. Motion to table. Decision 2 - Zoning Map amendment A. Motion to approve a Zoning Map amendment rezoning the subject sites from A-1 District to A-2 District consistent with the policies of the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan. Decision 3 — PUD -CUP A. Motion to approve a PUD -CUP to allow indirect access to a public street and subdivision, of a lot not fronting a public right of way and allowance of lot areas less than 20 acres within the A-2 District, subject to the following conditions.- Administrative onditions: Administrative subdivision of the MNL parcel shall require a deed restriction on the westerly parcel prohibiting issuance of a building permit unless direct access to a public right-of-way is provided. The administrative subdivision shall be processed in accordance with Section 2 of the Subdivision Ordinance and approval of the Zoning Administrator. 2. A an 80 foot wide permanent public right-of-way easement shall be dedicated centered 7 feet north of the existing centerline of 77th Street and extending through the Helfert property to the north line of the MNL property. Construction of an improved public street consistent with the Ell local industrial street standards of the Engineering Manual shall be deferred until such time as the MNL or Helfert properties are rezoned to allow a use guided by the Comprehensive Plan or the City Council determines that a public need exists. 4. MNL shall construct and maintain a minimum 20 foot wide gravel or asphalt driveway from the end of 77th Street to their site access until such time as a public street is constructed within the public right-of-way. 5. MNL shall enter into a development contract with the City to provide for an overlay of existing 77th Street to a standard as approved by the City Engineer within three (3) years from the date of a certificate of occupancy being issued for a building upon the MNL parcel. Funds for completion of the overlay based on a cost estimate plus inflation as determined by the City Engineer shall be escrowed with the City by a Letter of Credit. The project may be undertaken as a City project with costs plus interest assessed to MNL as agreed upon within the development contract. 6. The Helfert property is limited to two (2) development rights, one north of the 77th Street right-of-way and one south of the 77th Street right-of-way unless a Zoning Map amendment consistent with the Comprehensive Plan is approved. 7. MNL and the Helferts shall enter into a development contract with the City regarding the conditions of annexation and the PUD -CUP subject to approval by the City Council. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Joe Schaffer, MNL Michael and Alice Helfert Elieen Shierts Imd 'l.- NAC W Q w LL 85TH ST ROW EASEMENT MNL HELFERT 85TH ST ui ui w w Ur J Q t Y 77TH ST� - 70TH ST. •• • OBJ LU P0 m U J ... �r O • ■ I SB'BLBL _� y-1-_ 3ZI£0.00N IJV_ revaw3sra � R R p�ry w N �y hhZ 2o2j K Ups C 5 ah� U~ I N 6T1'wn 3..88.00.08N 01i z- s'a pip 5r$ :�s oz era rn�sm P �.a sus s 81z; z g a 9 Z _�CggFG�<S yz g�5xz�3 Sg$N�gSs �3 �3�zb 33p 6a_�8g' 8 3b �g§ I HAI 'i ef5 M.bO1LA0N 1L ONN ILI dML 'e103S 1/13N 0/IMN 3N1l03NI1 tS3N m 3N 3AYlO'J� __ y� LL, 3 q c N fC WNt. 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BL 03S ITLf'ZSYL M.BL.BE.OfIN--- -- i / W I�Ih�I?sly O � r NWS �v �WyWi °2 - = 09 MALSf.W N m y ? �w r /m w 886'881 3.8ALI.BBS ___� i 1z 1z 1z as o O c o • O 8 m ITEM 3_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacpianning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 13 November 2007 RE: Otsego — Subdivision Ordinance; Park and Trail Dedication NAC FILE: 176.08 — 07.04 BACKGROUND The City Council has directed City staff to annually review the park and trail dedication requirements in Section 21-7-18 of the Subdivision Ordinance. The purpose of this review is to ensure and demonstrate that there is a nexus between the cash fee in lieu of land accepted by the City for park and trail acquisition and development purposes is representative of the costs incurred by the City in relation to new development as required by Minnesota Statutes 462.358, Subd. 2c. ANALYSIS Current Fee. The City's current residential park and trail fee in lieu of land for residential development was adopted to be effective 1 January 2007 and is $3,230 per dwelling unit. The fee is based on the following cumulative factors stated on a per residential unit basis: Land acquisition: $1,600.00 Neighborhood park development: $ 770.00 Community center development: $ 800.00 Trails $ 60.00 TOTAL $3,230.00 For 2007, park and trail dedication fees in lieu of land for commercial and industrial subdivisions were established at $7,000.00 and $3,500.00 per gross acre, respectively, based on 2003 land values. Land Cost. No change in residential land values of approximately $60,000 per gross acre (cited originally in our office's 29 January 2004 memorandum) has been observed by City Staff during 2004. Lennar Corporation offered to sell the City a parcel of land ofr a potential park near the Riverpointe and River Place neighborhood at $90,000 per acre but no action has been taken on the proposal. We do not recommend a change in the land value component of the residential cash fee in lieu of land on this basis. Commercial and industrial land values along the TH 101 corridor have increased greatly over the last few years. These increases are reflective of continued residential growth within the City, increases in commuter traffic through the City and MNDoT's plans to upgrade TH 101 to a four lane freeway in 2006 to 2007. The current cash fee in lieu of land for commercial and industrial is reflective of land values equal to $70,000 an acre for commercial property and $35,000 an acre for industrial property. Recent commercial land sales and appraisals being done as part of the TH 101 and CSAH 42 improvement projects suggests minimum commercial property values of approximately $350,000 per acre for commercial land and approximately $100,000 per acre for industrial land. Based on this information, the City could justify an increase in the commercial and industrial cash fee in lieu of land for park and trail dedication as the current fees are approximately two percent of the land value of commercial property and four percent of industrial land values. However, from an economic development standpoint, City staff would recommend that the commercial and industrial cash fees in lieu of land for park and trail dedication not be changed. Construction Cost. The City undertook construction of three new neighborhood parks in 2006 based on facilities and site designs intended to define a typical neighborhood park. The City also received a preliminary cost estimate for Roskaft Park to be constructed in the Wildflower Meadows subdivision. The individual construction cost estimates for these facilities and an adjusted average for the end of the third quarter of 2007 are shown below. The adjusted construction costs are based on information published by the Engineering News -Record Construction Cost Index and indicate an approximate 2.7 percent increase in construction costs between the third quarters of 2006 and 2007. Beaudry Meadows: $701,615.00 Zimmer Farm: $601,964.00 Kittredge Crossing: $634,128.00 Roskaft Park: $638,103.00 Mean Cost: $643,953.00 Each neighborhood park guided by the Comprehensive Plan is anticipated to serve an approximate one square mile area. Assuming an average density of 2.5 dwelling units per acre within residential areas of the City based on existing development and established development regulations, there are approximately 804 households per square mile. As such, the cost per dwelling unit for neighborhood park construction based on the current typical park facility design and construction costs is $801.00. 2 Community Center. Research was also done in the 2003 analysis regarding the cost for construction of a community center similar to that built by Monticello, Maple Grove, Becker and Elk River. The assumed cost of a similar facility for Otsego was $14,800,000 based on that data. Under park and trail dedication requirements, the City has included that portion of the cost for a community center to be borne by new residents moving into the community. The 2000 Census identifies Otsego as having 2,062 households. The 2004 Comprehensive Plan projects the City to have a household count of 21,471 by 2040 based on a growth rate of 400 to 600 new households per year. The initial community center portion of the park dedication cash fee in lieu of land was therefore set in 2003 at $690.00 reflecting the anticipated cost of a community center and 2040 household estimate. The adjusted 2007 fee was set at $801.00. Using ENR CCI for the period between the third quarter of 2006 when the 2007 fee was calculated and the third quarter of 2007 reflecting current prices, a 2.7 percent adjustment is required. The cost per household for construction of a future community center should be set at $822.00 for 2008. Trails. The 2007 cash fee in lieu of land included a trail construction element to account for full buildout of the remaining trail system. Approximately 1.79 miles or 9,450 linear feet of trail were constructed in 2007 along CSAH 42 and within the Great River Center. The Future Parks and Trails Plan map included in the 2004 Comprehensive Plan identifies15.8 miles or 83,440 linear feet of future trails yet to be constructed. The 2007 cost estimate for the construction of trails as part of street projects or stand-alone construction is $16.24 a linear foot. To determine a cost factor for future trail construction the following equation is used: 73,990ft. x $16.24/ft. / 21,079 households = $57.00 / dwelling unit CONCLUSION Our office recommends that the park and trail cash fee in lieu of land for residential subdivisions paid on a per dwelling unit basis as set forth by Section 21-7-18.1 of the Subdivision Ordinance be established at $3,280.00 (rounded to the nearest $10.00) for 2008 as shown below. The proposed 2008 park and trail dedication fee is $50.00 or 1.5 percent higher than the 2007 fee. This increase reflects adjustments in the mean park development costs, 2007 trail construction and inflationary construction costs. Land acquisition: $1,600.00 Neighborhood park development: $ 801.00 Community center development: $ 822.00 Future trails construction: $----57.00 TOTAL $3,280.00 3 The Planning Commission and City Council may also consider increases to the commercial and industrial cash fees in lieu of land based on rising land values. An increase to these fees must also be balanced against the effect to the City's economic development goals. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 4 ORDINANCE NO.: 2007 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO PERTAINING TO PARK AND TRAIL DEDICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-7-18.1.1 of the Otsego Subdivision Ordinance is hereby amended to read as follows: 1. Residential Development: $3,280.00 per dwelling unit. Section 2. This Ordinance shall become effective 1 January 2008 upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of November, 2007. CITY OF OTSEGO L:0 Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk Future Community Park Needs: 5 to 8 acres per 1000 population 2040 Population = 59,045 295 to 472 acres Existing Prairie Park = 52 acres Additional Land Required = 243 to 420 acres Recommended Community Park area = 50 to 100 acres Two community parks are guided on the Future Parks and Trails Plan. Assume two 100 acre parcels or 200 acres to be acquired. Current residential land value of $60,000/acre Total acquisition costs of $12,000,000. Options for calculating a community park impact fee Community park land acquisition cost spread across all year 2040 households = 12,000,000 / 21471 households = $559/household Community park land acquisition cost spread across new households 2006 to 2040: 12,000,000 / 16997 households = $706/household Neighborhood park land acquisition: $1,600.00 Neighborhood park development: $ 801.00 Community center development: $ 822.00 Community park land acquisition: $ 706.00 Future trails construction: $--a7.00 TOTAL $3,986.00