01-04-10 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@naeplanning.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — Gateway North; Farming IUP
REPORT DATE: 29 December 2009
NAC FILE: 176.02
BACKGROUND
Duke Realty Limited Partnership received rezoning and preliminary plat approval for the
Gateway North industrial park on 12 June 2006. A final plat of one lot and site and
building plans for a 153,600 square foot building were subsequently approved on14
August 2006 and the building constructed and occupied. Duke Realty, LLP is
requesting approval to allow the undeveloped 56.64 acre Outlot A Gateway North
Second Addition to be planted with field crops as a temporary use. Farming activities
are allowed as an interim use in the 1-2 District.
Exhibits:
A. Site Image
ANALYSIS
Use. Farming activities are allowed in the 1-2 District as an interim use primarily to
accommodate short-term continuation of existing uses when property is rezoned and/or
platted for urban development under Section 20-5-2.A. In this situation, because the
agricultural use of the property ceased following the initial site development work that
occurred in 2006 and 2007, it is necessary to consider a new interim use permit
application to allow for the property to be used for raising crops. Applications for interim
uses are to be evaluated based on the criteria established in Section 20-4-2.F of the
Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment: The Comprehensive Plan encourages phased development to
avoid an oversupply of vacant land or buildings of any type of given land use.
The temporary use of the subject site for crop production until there is a
development plan presented is consistent with this policy.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site is surrounded by the existing and planned uses
shown in the table below. Crop production on the subject site will not create any
negative impacts to existing or planned uses in the area.
Direction
Land Use Plan
Zoning
Existing Use
North
Commercial
B-3 District
Anoka Equine
East
Industrial
A-1 District
Horse farm
Tree farm
South
Industrial
1-2 District
Building #1
West
Industrial
A-1 District
TH 101
Agriculture
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 all applicable performance
standards.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment: The proposed use will not generate traffic that cannot be
accommodated by streets serving the subject site.
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Comment: No impacts to City services or service capabilities will occur as a
result of the crop production.
Grading, Drainage and Erosion Control. The initial site development work included
mass grading the site, construction of stormwater basins and installation of storm sewer
pipe. Tilling the soil for crops could cause erosion into the established stormwater
basins and pipes. To avoid this, the City Engineer recommends that silt fencing be
required at the perimeter of the tilled area to prevent sedimentation from reaching the
basins. Installation of the silt fencing and any other erosion control measures deemed
necessary is to be subject to review and approval of the City Engineer.
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Security. The developer will be required to post a security for the installation and
maintenance of the erosion control measures as well as costs for periodic inspection by
the City Engineer.
Termination. Interim use permits are to be approved with a certain termination date
upon which the allowed use will cease. Section 20-5-4 outlines the following events as
possible termination points for an interim use permit:
A. A date stated in the permit.
B. Upon violation of the conditions upon which the permit was issued.
C. Upon change in the city's zoning regulations which renders the use non-
conforming.
D. The redevelopment of the use and the property upon which it is located to
a permitted or conditional use as allowed within the respective zoning
district.
Item A is not applicable as there is no date certain by which Outlot A will be fully
developed. City staff recommends that the interim use permit terminate upon the
happening of Items, B, C and D The condition applicable to Item D is to be defined as
being an end to farming activities for any portion of Outlot A final platted into a lot and
block for development of a use allowed in the 1-2 District.
RECOMMENDATION
Our office recommends approval of the requested interim use permit.
POSSIBLE ACTIONS
A. Motion to approve an interim use permit allowing farming activities within an 1-2
District subject to the following conditions:
The interim use permit shall terminate upon the happening of any of the
following events, whichever occurs first:
a. Upon violation of the conditions upon which the permit was issued.
b. Upon change in the city's zoning regulations which renders the use
non -conforming.
C. Farming activities shall cease on any portion of the subject site final
platted into a lot/block.
2. No farm animals shall be kept upon the property.
3. In ground storm sewer locations shall be staked in the field as may be
required by the City Engineer.
4. Silt fence or other erosion control measures shall be provided by the
developer as required by the City Engineer.
5. The developer shall provide a security for the installation and maintenance
of erosion control measures as determined by the City Engineer.
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
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
David Bade, Duke Realty, LLP
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