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05-17-04 PCITEM 3-1 NORTHWEST ASSOCIATED CONSULTANTS, INC. '5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: FROM: RE: REPORT DATE NAC FILE: BACKGROUND Otsego Planning Commission Daniel Licht, AICP Otsego — Prairie Oaks; Rezoning/Preliminary Plat 11 May 2004 APPLICATION DATE: 13 April 2004 176.02 — 04.17 CITY FILE: 2004-24 Scott and Lynn Rodby have submitted plans to subdivide their approximate 15 acre parcel located south of CSAH 39 and one-eighth of a mile east of Odean Avenue into 11 single family lots. These lots would be served by individual well and septic systems as sanitary sewer and water service in not available in this area. The subject site is currently developed only with the applicant's existing single family dwelling at the northeast corner of the parcel. The subject site is zoned A-1, Agriculture Rural Service Area and is guided for low density residential uses within the Long Range Urban Service Area designated by the Comprehensive Plan. The applicant's request requires consideration of a Zoning Map amendment to rezone the site to R-3, Residential Long Range Urban Service Area District and a preliminary plat. Exhibits: A. Site Location B. Preliminary Plat C. Grading Plan D. Resubdivision Plan ANALYSIS Zoning. The proposed subdivision of the property requires a Zoning Map amendment to include the site within the R-3 District. Applications for a Zoning Map amendment are to be evaluated based upon (but not limited to) the criteria outlined in Section 20-3-21 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The subject site is included within the Long Range Urban Service area designated by the Comprehensive Plan. Further development of urban type land uses in this area is not to occur unless at least one of the following criteria outlined by the Comprehensive Plan are met. a. Completion of an unfinished street network. b. Such Development shall have the result of the correction or improvement of a demonstrated area drainage problem. C. The dedication of lands to a legitimate public purpose (i.e., desired parks, public facility structures, right-of-way dedication etc.) The proposed subdivision meets the first criteria as an infill development that will provide for connection of the non-confonning, temporary cul-de-sac at the terminus of 92nd Lane and the stub street end of Odell Avenue to complete an unfinished street network. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is surrounded in all directions by one acre (or slightly larger to the east) single family lots. The proposed subdivision is the same as and will therefore be compatible with the existing and planned uses in this area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment. The proposed subdivision meets all applicable performance standards of the Zoning and Subdivision Ordinances. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed subdivision of the subject site will provide for a neighborhood with the same character as existing development surrounding it. 2 As such, no effect is anticipated to the area resulting from subdivision of the subject site, except that completion of the street system will improve public safety. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values as the use is the same as existing development surrounding it and is subject to the same performance standards. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use will generate traffic typical of a low density residential use. The Institute of Transportation Engineers estimates that one single family homes generate approximately 10 trips per day and three trips per day during the peak afternoon hour. Approximately 110 trips per day and eleven trips during the peak hour is well within the capacity of the improved local streets serving the subject site. Furthermore, with two accesses to the neighborhood, traffic would be ex�ected to be equally distributed towards Odean Avenue via 92"d Lane and 89` Street. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity provided that on-site utilities are designed, installed and maintained in accordance with the City Code. Access. The preliminary plat proposes construction of a local rural section street connecting to 92nd Lane at the northwest corner of the site and to Odell Avenue at the south line of the subject site to provide internal access to the proposed lots. The applicant's existing home has access directly to CSAH 39. As a minor arterial roadway, direct lot access to CSAH 39 is to be strictly controlled and limited. The arrangement of the existing house will allow for the existing driveway to be removed and a new access connected to Odell Avenue. Because of the access limitations to CSAH 39, we would recommend a street stub be extended from Odell Avenue to the east plat line to provide future street access to the unsewered parcels within the Pludes Addition to the east. Proposed Lot 3, Block 1 is oversized such that the necessary right-of-way may be provided without reducing the number of lots. The location of this street connection is to be subject to further review 3 by the City Engineer and City Planner. Because of existing vegetation and uncertainties for when the adjacent parcels may develop (only with sanitary sewer), we would recommend consideration be given to only requiring dedication of right-of-way but deferring construction of the street. The design of Odell Avenue within the preliminary plat is consistent with the Engineering Manual. However, a sidewalk is shown on the south and west side of the roadway. This is essentially a sidewalk to nowhere given that there are no sidewalks on the connecting streets. We would recommend that the sidewalk be eliminated. Lot Requirements. The table below illustrates the lot requirements of the R-3 District: Minimum Lot Area Minimum Lot Width Minimum Lot Depth Setbacks CSAH 39 Front Side Rear 1.0ac. 150ft. 100ft. 65 ft. 35 ft. 10 ft. 20 ft. All of the lots meet the minimum requirements of the R-3 District and have good sized building envelopes within required setbacks. The applicant has also provided a resubdivision plan illustrating potential division of the lots into two parcels, if sanitary sewer and water service is ever extended to the area. Lot 6, Block 1 and Lot 5, Block 2 cannot be further subdivided due to a power line easement encumbering 50 feet of the width of each lot its full depth. Principal buildings will be required to be located on each lot respective of the resubdivision plan. There is an existing 2,400 square foot detached garage on the property, which is shown to be on Lot 2, Block 1 of the preliminary plat. This building will become non -conforming effective upon the rezoning of the subject site to the R-3 District due to its size and also in relation to the area of Lot 2, Block 1. It is unknown if this building is a pole building, which would also be non -conforming in the R-3 District. Because this garage is to become non -conforming and will be located forward of the proposed building site for Lot 2, Block 1, we recommend it be removed as a condition of plat approval. Its removal also addresses compliance with Section 20-16-2.D of the Zoning Ordinance which states that an accessory building may not exist on a lot prior to construction of a principal building if the applicant does not intended to immediately construct a new home on Lot 2, Block 1. Grading Plan. The applicant has submitted a grading plan for the proposed preliminary plat. Consistent with City stormwater requirements, the rate of runoff from the subject site after development cannot exceed existing conditions. Additionally, a ponding area is planned at the northwest corner of the site for water quality prior to discharging the stormwater north under CSAH 39. The grading plan is subject to review and approval of the City Engineer. 4 Utilities. The proposed lots are to be served by on-site septic systems and wells. The grading plan illustrates two potential drain field sites for each lot as required by the City Code. The utility plans are subject to review and approval of the City Engineer. Park and Trail Dedication. The City's park and trail plan does not identify the need for any public park facilities in this area. As such, park and trail dedication requirements will be satisfied as a cash fee in lieu of land as required by Section 21-7-18.1.1 of the Subdivision Ordinance. The cash fee in lieu of land is $2,820 per dwelling to be paid for 10 new dwellings or $28,200. This fee is to be paid at the time of final plat approval. Development Contract. If the City Council approves a final plat for the proposed subdivision, the applicant must enter into a development contract with the City. The development contract provides for required securities related to the street and grading improvements and payment of applicable fees. The development contract is subject to approval of the City Attorney. RECOMMENDATION The proposed preliminary plat is consistent with the policies of the Comprehensive Plan for allowing an unsewered subdivision within the Long Range Urban Service Area. It is further consistent with all applicable performance standards of the Zoning and Subdivision Ordinances. Our office recommends approval of the applications as outlined below. POSSIBLE ACTIONS Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-3 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Preliminary Plat A. Motion to approve the Prairie Oaks preliminary plat subject to the following conditions: All principal buildings shall be located in conformance with the resubdivision plan to be recorded with each lot. 2. The driveway to the existing garage on Lot 1, Block 1 shall be revised to access Odell Avenue. 3. The preliminary plat is revised to extend a street to the east plat line from Odell Avenue, with the location subject to approval of City Staff. 4. The street design for Odell Avenue is revised to remove the sidewalk and all street designs are subject to approval of the City Engineer. 5. The existing 2,400 square foot detached accessory building shall be removed from the area of Lot 2, Block 1 upon approval of a final plat. 6. Utility and grading plans are subject to review and approval of the City Engineer. 7. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements at the time of final plat approval. 8. The applicant shall enter into a development contract with the City at the time of final plat approval and pay all required fees and securities, subject to review and approval of the City Attorney. 9. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan, Zoning Ordinance or Subdivision Ordinance. Pc. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur Scott and Lynn Rodby 3 NAC v .i P -Ir y ON THE GREAT RIVER ROAD a~ „r 41 3'aa .e snow 'OW 'S31YI90SSY 41 —mr— lama NOSa303d 'INVOOS v^� �i qw fi co I '$ass €h; OL_i s58$ a?Lx �itgig.M ger' � LUt1' 3 85 qes. 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E sa a Y psi pY g$� a 5 '.ap tits Ili gfai ga;Js P d s§a fai !. gat 9 I � i• i , {, Ja¢F! 1 , I 1 i' .___________________________(1f Review No. 1 ENGINEERING REVIEW Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Scott and Lynn Rodby, Developer Greg Bowles, P.E., Bogart, Pederson & Associates, Inc. Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, E.I.T. Date: May 12, 2004 Proposed Development: Prairie Oaks Street Location of Property: A portion of the SE'/4 of Section 16, T121, R23 14.98± Acres, south of CSAH 39, east of Rivers Glen subdivision and north of Halls Addition Applicant: Scott Rodby 14717 NE 951h Otsego, MN 55330 Developer: Scott and Lynn Rodby Owners of Record: Scott and Lynn Rodby 14717 NE 95th Otsego, MN 55330 Purpose: Prairie Oaks is a proposed 11 lot subdivision on 14.98± acres in the City of Otsego, Wright County, Minnesota. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) Considerations: \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2282\ot2282RVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY STREETS PRELIMINARY PLAT PRELIMINARY GRADING PLAN WETLANDS SURFACE WATER MANAGEMENT TRAFFIC/ACCESS ISSUE SANITARY SEWER SYSTEM WATER SYSTEM ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2282\ot2282RVW1.doc INFORMATION AVAILABLE Preliminary Plat of Prairie Oaks, 3/24/04, by Bogart, Pederson & Associates, Inc. Preliminary Grading & Erosion Control Plan for Prairie Oaks, 3/24/04, by Bogart, Pederson & Associates, Inc. Ghost Plat w/ Grading of Prairie Oaks, 3/24/04, by Bogart, Pederson & Associates, Inc. Drainage Calculations for Prairie Oaks, 4/13/04, by Bogart, Pederson & Associates, Inc. City of Otsego Engineering Manual, 5/12/03 Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY 1. No comments. STREETS Horizontal curve data shall be included on the plan. PRELIMINARY PLAT Plans shall be certified by the design engineer or land surveyor responsible for the work. 2. The total acreage of the proposed plat shall be indicated on the plan. (21-6-2.B.1) 3. Location, dimensions, and purpose of all easements shall be shown on the plan. (21- 6-2.C.5.) It appears that some drainage and utility easements are depicted, but additional easements are required. 4. Minimum front and side street building setback lines shall be shown on the plan. (21- 6-2.C.7.) It appears that the front setback line is depicted correctly, however, the setback from CSAH 39 shall be 65 feet. The minimum side yard setback for R-3 zoning is 10 feet. Also, the setback lines shall not cross drainage and utility easements. Page 1 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2282\ot2282RVW1.doc 5. The existing house on Block 1, Lot 2 will be an existing non -conforming structure because of the new setback from CSAH 39. It should be agreed that in the future if the existing structure is to be removed or replaced, the new structure will be relocated within the setbacks and access will be provided from 92nd Street NE/Ogden Avenue NE rather than CSAH 39. 6. Soil boring results must be submitted for review to determine if all of the proposed lots are buildable. PRELIMINARY GRADING PLAN 1. The proposed design utilizing a ditch system from the south pond to the existing low area is discouraged for an urban type development. We would strongly recommend relocating the sedimentation basin to existing low area in Block 1, Lot 3 to eliminate the need for the ditch/swale. 2. Each lot shall provide an adequate building site at least 18" above the top of the adjacent curb. (21-7-4.C) 3. The minimum size for storm sewer is 15" diameter. All storm sewer under traffic areas shall be reinforced concrete pipe. 4. The benchmark that was used must be verified. The existing contours on the plan vary from that of our Mark Hurd aerials by approximately 15 feet. WETLANDS 1. A wetland determination for the site must be submitted. SURFACE WATER MANAGEMENT 1. The ponds shall be constructed as per City of Otsego Standard Plate No. 404. All ponds shall have a 10:1 bench at the NWL and shall utilize a skimmer structure. 2. We would recommend relocating the south sedimentation basin to the low area in Block 1, Lot 3. The sedimentation basin shall be sized for back-to-back 100 -Year events. 3. The minimum curve number for 1 acre lots is 59 per the City of Otsego Minimum Runoff Curve Numbers (Table 1) in Appendix C of the Engineering Manual. 4. NURP calculations shall be submitted. The permanent pool volume below the normal water level shall be greater than or equal to the runoff from a 2.5" rainstorm over the entire contributing area. Page 2 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2282\ot2282RVW1.doc TRAFFIC/ACCESS ISSUE 1. Access to the proposed subdivision will be provided by 92nd Street NE and Ogden Avenue NE. The developer will be required to remove the temporary cul-de-sac on 92nd Street NE. SANITARY SEWER SYSTEM 1. The lots in the proposed development will be served with individual on-site sewage disposal systems. WATER DISTRIBUTION SYSTEM 1. The lots in the proposed development will be served with individual wells. ENVIRONMENTAL 1. A statement certifying the environmental condition of the site is required. (21-6- 2.6.10) OTHER CONSIDERATIONS 1. Subsurface conditions showing that the proposed development is suitable for on-site sewage disposal systems must be submitted. (21-6-2.B.8) 2. A geotechnical report prepared by a qualified soils engineer shall be submitted. (21- 6-2.13.11) Geotechnical report shall include a stabilometer R -value. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. Page 3 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2282\ot2282RVW1.doc 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@nacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Schumacher House Relocation CUP REPORT DATE: 8 May 2004 APPLICATION DATE: 26 April 2004 NAC FILE: 176.02 — 04.18 CITY FILE: 2004-27 BACKGROUND Mr. Clarence Schumacher is proposing to move an existing single family home with an attached garage from the southeast corner of MacIver Avenue and 67th Street to his property at the northeast corner of McAllister Avenue and 67th Street. The current location of the existing single family dwelling is to be developed by D.R. Horton, Inc. as part of the Zimmer Farms subdivision. Mr. Schumacher's 70 acre property is currently developed with a single family dwelling and detached garage, which are to be removed upon relocation of the single family dwelling from the Zimmer Farms site. The subject site is guided for continued agriculture uses within the Urban Service Area Reserve and is zoned A-1, Agriculture Rural Service District. Relocation of existing buildings to any lot within the City requires a conditional use permit in accordance with Section 20-19-1 of the Zoning Ordinance. Exhibits: A. Site Locations ANALYSIS Performance Standards. The relocation of an existing building to a lot within the City requires compliance with the performance standards outlined in Section 20-19-2, below: A. Upon relocation, the building shall comply with applicable requirements of the State Uniform Building Code. The existing detached garage on the subject site may be kept if the total number of detached accessory buildings complies with Section 20-16-4.6 of the Zoning Ordinance and it is in good condition. Section 20-16-4.6.5 of the Zoning Ordinance allows for up to two detached accessory buildings with a total area of not more than 6,000 square feet for the subject site. The required certificate of survey must identify any and all existing detached accessory buildings on the subject site that the applicant intends to keep. CUP Criteria. Requests for conditional use permits are to be evaluated based on (but not limited to the criteria outlined in Section 20-4-21 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The subject site is guided by the Comprehensive Plan for agricultural uses as an interim use until sanitary sewer service may be expanded to this area. The proposed relocation of an existing single family dwelling to the subject site replacing an existing building is consistent with the direction of the Comprehensive Plan that development densities be maintained at rural levels outside of the sanitary sewer service district. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The proposed relocated dwelling will be consistent with the existing use of the property, which is compatible with the present character of the area. The existing use of the property is considered to be an interim use until samitary sewer may be extended to the area when urban type development would be anticipated. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed relocated single family dwelling must comply with all requirements of the Zoning Ordinance and Building Code as a condition of approval. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed relocated dwelling will replace an existing dwelling and not effect the compatibility of the subject site with adjacent properties. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 3. The location of the proposed dwelling shall comply with all applicable setback requirements, including those from the planned right-of-way for extension of 70th Street. 4. The applicant is to submit a certificate of survey identifying the location of the proposed relocated dwelling, any existing detached accessory buildings to remain and the septic system and well. 5. The design of an on-site septic system and well are subject to review and approval of the Building Official. 6. A security as required by Sections 20-19-4 and 20-4-7 of the Zoning Ordinance as determined by the building official is posted. The security shall not be released until such time as the existing single family dwelling has been demolished and all debris removed from the property. 7. Comments of other City Staff. 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. Pc. Mike Robertson, City Administrator Judy Hudson, City Clerk / Zoning Administrator Tim Rochel, Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer Charles Schumacher, Applicant Edward Vetsch, Owner of Record ( of the dwelling to be relocated) Tom Bakritges, D. R. Horton 5 m X a t/ j P -J i/ v v ON THE GREAT RIVER ROAD Hakanson 1 Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council From: Ronald J. Wagner, PE, Otsego City Engineer cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, Planner Clarence Schumacher Date: May 11, 2004 Re: Schumacher Move - In - House We have reviewed the CUP Application and have the following comment: 701h Street Extension or CSAH 37 future realignment is planned along the south edge of this property. The Northeast Wright County Traffic Study adopted by the Otsego City Council indicated a need for 75' of right-of-way each side of centerline. Adding this to a 65' setback has the house a minimum of 140' from the south property line. The Applicant's information packet did not show the location of the house with reference to the south property line, so no judgment can be made as to whether the proposed house is located more than 140' away. We recommend approval contingent upon the Applicant providing assurance that the proposed house will be at least 140' north of the south property line. Civil &Municipal 25 Engineering G:\Municipal\Aotsego2xxx\2500\2004\ot 2500hmccsLhVd-F"ing, for ITEM 3.3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 12 May 2004 RE: Otsego — Waterfront East; Continuation of Public Hearing NAC FILE: 176.02 — 03.33 Landcor Construction Inc. has encountered delays in receiving information from MNDoT concerning the right-of-way for a planned interchange at TH 101 and CSAH 39 adjacent to the subject site. As a result, they were not able to finalize their revised PUD Development Stage Plan and Final Plan in time to allow for review by our office and the City Engineer in advance of the public hearing scheduled for 17 May 2004. It is anticipated that Mr. Bob Fields of Landcor Construction, Inc. will be present at the 17 May 2004 Planning Commission meeting to present the revised plans. City Staff recommends that following Mr. Field's comments, the Planning Commission open the public hearing and take any public comments. Following any public comments, it is further recommended that the Planning Commission continue the public hearing to its meeting on 7 June 2004. Planning and engineering reports reviewing the submitted plans will be issued in advance of that meeting for further discussion of the application. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Patty Fowler Bob Fields ITEM 3_4 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: FROM: APPLICATION: REPORT DATE: NAC FILE: BACKGROUND Otsego Planning Commission Daniel Licht, AICP Otsego - Quaday Addition; PUD-CUP/Preliminary Plat 12 May 2004 ACTION DATE: 27 July 2004 176.02 - 04.11 CITY FILE: 2004-20 Clem and Idona Darkenwald have submitted plans for a seven lot commercial subdivision located on 18.6 acres of land northwest of the CSAH 42 and TH 101 intersection. The subject site is within the east sanitary sewer service district and guided for commercial land use by the Comprehensive Plan. The site is zoned B-3, General Business District. The application is requesting a PUD -CUP to allow lots without direct access to a public street and approval of a preliminary plat. The City Council previously approved a preliminary plat for substantially the same development plan on 9 September 2002. However, the applicant failed to submit an application for final plat within one year of the date of approval as required by Section 20-4-6 of the Zoning Ordinance. Therefore, the PUD -CUP and Preliminary Plat approvals expired on 9 September 2003 and are considered null and void. On 10 September 2003, MNDoT announced plans to upgrade TH 101 to freeway status as one of several planned transportation projects advanced by the Governor. Exhibits: A. Site Location B. Concept Plan C. Preliminary Plat ANALYSIS Use. The subject property is currently under developed with only a vacant stand alone wood building and unimproved parking. The plans indicate that the existing structure is to be removed. The concept for development of the subject site is subdivision into up to seven commercial lots. Six of the lots are located east of an extension of Quaday Avenue, with three of these lots fronting TH 101. One lot is located on the west side of Quaday Avenue. The subject site is zoned B-3 District. No specific uses have been identified at this time. Development of each lot within the subdivision would be subject to future site and building plan review, as well as final plat approval as each user is defined. As with other commercial and industrial projects, the configuration of the development may change somewhat between preliminary and final plat reviews based on each user's specific needs. Sanitary Sewer Capacity. The City has nearly allocated all of its available capacity from the 400,OOOgpd. east waste water treatment plant. Construction of an expansion of the east treatment plant is pending. A condition of approval must be that preliminary plat approval does not guarantee access to sanitary sewer and water services. Available sanitary sewer capacity will only be allocated to those projects with approved final plats and those users that have paid the applicable SAC and WAC fees. Trunk Highway 101. The subject site has frontage to TH 101, but no direct access to is allowed. The policies of the Comprehensive Plan clearly define public and private actions for development adjacent to TH 101, especially a vital intersections such as CSAH 42. MNDoT is proposing to upgrade TH 101 to freeway status and has submitted to the City concept plans for construction of an overpass at TH 101 and CSAH 42. The City Council approved the concept plans for TH 101 with a condition stating that access to TH 101 from CSAH 42 is required. The proposed preliminary plat makes no provisions for right-of-way at the northwest quadrant of a possible interchange at TH 101 and CSAH 42. As such, the preliminary plat is consistent with MNDoT's TH 101/169 Corridor Plan adopted by the agency in April 2002, but may not be consistent with the City's policy of maintaining access at TH 101 and CSAH 42, now and in the future. The City should continue discussions with MNDoT and the developer regarding access to TH 101 at CSAH 42 prior to approval of a preliminary plat. Alternatively, the preliminary plat could be revised to set aside land necessary for future off -ramps as was done by the Waterfront East developer prior to preparation of the concept plans defining the interchange design at CSAH 39. Access. Access to the proposed subdivision will be from an extension of Quaday Avenue and from CSAH 42. The preliminary plat also includes access from a private drive intersecting Quaday Avenue and CSAH 42. CSAH 42 is designated as a minor arterial street by the Comprehensive Plan whereas Quaday Avenue is designated as a 2 major collector street. Wright County has agreed to allow the private driveway access to CSAH 42 as a full intersection until one of the following triggers occurs requiring reconstruction of the intersection as right-in/right out only: A. An access permit is granted for Quaday Avenue to access CSAH 42 , and Quaday Avenue is constructed, connecting to CSAH 42. B. There are three correctable crashes within a 12 month period of time. C. A congestion problem occurs. The applicant does not plan to construct Quaday Avenue with the first phase of development, instead constructing only a segment of the private drive to serve the three lots fronting TH 101 and ending in a temporary cul-de-sac. This phasing plan creates several issues for the City. First, extension of Quaday Avenue is required to provide access to other properties north of the subject site and eventually connect to 85th Street and 89th Street. If the City goes forward and constructs Quaday Avenue separate from this development, it would also be required to pay the costs of closing the full access to the private drive from CSAH 42 as required by Wright County. The City has always in the past required commercial and industrial developments (MRD Commercial Park, Otsego Industrial Park, Otsego 1-94 West Industrial Park, Otsego Business Park, Waterfront West and Waterfront East (pending)) to construct all public streets within the development. The City did make the streets and utilities a public project and assess the costs for the Otsego Business Park and Waterfront West, which would be an option for this development as well. Finally, the City does not allow cul-de-sac streets within commercial and industrial developments when more than one access to public streets is available (Otsego 1-94 West Industrial Park). We see no reason to vary from these established policies as part of approval for this subdivision. The preliminary plat has been designed with a private drive allowing indirect access from the lots in Block 1 to a public street consideration a PUD -CUP. The Planning Commission and City Council are to consider the criteria from Section 20-4-2.F of the Zoning Ordinance regarding the PUD -CUP: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment. The Comprehensive Plan guides the subject site for commercial uses. The area surrounding the CSAH 42 / TH 101 intersection is described as a secondary commercial center intended to serve traffic on TH 101, as well as convenience needs of the City's residents. The proposed PUD -CUP and preliminary plat will allow for construction of a wide range of commercial uses including retail, service, and office uses consistent with the direction of the Comprehensive Plan. The requested PUD -CUP effects the design of the proposed preliminary plat to allow for a private drive to access the lots within Block 1. Without approval of the PUD -CUP, the preliminary plat must be revised to provide direct public street access to each lot. This would likely require that the plat be revised with fewer lots and/or dedication of additional right-of-way measuring 80 feet wide with a 46 foot wide street section. As it is, the applicant does not plan construction of any public streets as part of the first phase of the development, which is inconsistent with past City practices. Furthermore, the design of the preliminary plat does not provide any right-of-way for potential future interchanges at TH 101 and CSAH 42. MNDoT's TH 101/169 Corridor Plan calls for upgrading TH 101 to freeway status, the schedule for which has been moved up by at least nine years as part of the Govemor's recent bonding package. Not anticipating the potential design of a future interchange at CSAH 42 and TH 101 as part of the preliminary plat, especially in consideration of requested flexibility from providing direct lot access to public streets for all of the proposed lots (saving the need to dedicate right-of-way), is in conflict with the following policy from the Comprehensive Plan: "The existing primary access points (CSAH 39, 42, 37 and 36 to Highway 101 are viewed as vital to the community and are to be maintained in the future." 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following existing and/or planned uses. The only potential compatibility issue is with existing single family homes fronting CSAH 42 to the northwest of the subject site. Measures may be taken during the site review process to address short term compatibility issues. However, the City's plan is that the residential uses will eventually redevelop with industrial uses that would present no compatibility issues with the subject site. Direction Existing Use Zoning Land Use Plan North Agriculture Single Family Homes A-1 District Industrial East TH 101 N/A N/A South Agriculture R-3 District A-1 District Commercial West Townhomes R-5 District LD Residential 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). 4 Comment. The proposed PUD -CUP will allow for direct access to the lots within Block 1 via a common driveway. The preliminary plat otherwise conforms to all applicable requirements of the B-3 District. Uses developed on each of the lots will be subject to site and building plan review to ensure compatibility with applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed development will initiate commercial development at one of the City's secondary gateways as anticipated by the Comprehensive Plan. This area will provide new retail and service opportunities for City residents and transient traffic on TH 101. The preliminaryplat should be revised to provide for construction of Quaday Avenue with the first phase of development and to anticipate future construction of an interchange at CSAH 42 consistent with the City's policy to maintain long-term access to TH 101 in the area, which would be critical for viability of planned commercial uses. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is to be accessed by Quaday Avenue and CSAH 42. In review of the previous preliminary plat, MNDoT recommended that a traffic study be completed to evaluate the impacts of the proposed development to CSAH 42 and TH 101. According to MNDoT staff, no study has been completed and again should be required. A similar study was required for the CSAH 39 and TH 101 intersection when Waterfront East was platted to evaluate necessary roadway improvements to accommodate traffic generated by the commercial development and anticipate construction of an interchange at CSAH 39 and TH 101. A similar study should be required for this development consistent with MNDoT's recommendation. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is anticipated to contribute to the City's service capacity by expanding tax base and utilizing in-place sanitary sewer and water utilities. The applicant's phasing plan does leave the City potentially liable for costs related to closing the proposed full access to the private drive from CSAH 42, which may be addressed by requiring construction of Quaday Avenue with the first phase of the development. The right-of-way for Quaday Avenue must be expanded to abut the 310 foot lot line for the parcel northeast of the subject site to provide access. This area is currently shown as part of Lot 1, Block 2, but is not buildable. Lot 1, Block 2 will directly access Quaday Avenue, as no access is to be allowed to CSAH 42. This access to Quaday must align with the private driveway on the east side of the street. The design of the right-of-way for Quaday Avenue is subject to review and approval of the City Engineer. Lots 1-6 of Block 1 are proposed to have access via this common driveway, with one public street access point at CSAH 42 and one at Quaday Avenue. The proposed private driveway intersection with Quaday Avenue is approximately 220 feet from the Quaday Avenue and CSAH 42 intersection. Spacing for the private driveway is adequate, but subject to further review by the City Engineer and Wright County. The private driveway must be revised to intersect Quaday Avenue at a 90 degree angle. The private drive is 36 feet wide, whereas the City requires 46 feet for a public local commercial street. The proposed width of the private driveway is sufficient for the proposed use, but plans for its construction must be submitted and are subject to review and approval of the City Engineer. The private driveway includes a six foot side walk on its north/east side. The plans should provide for six foot concrete sidewalks on both sides of the driveway for pedestrian access. Lot Requirements. The B-3 District requires lots to be a minimum of one acre in area and be 200 feet wide along the front lot line. All of the proposed lots meet these requirements, although no direct access to a public street for the lots in Block 1 is proposed. Setbacks. The use of a private driveway for Lots 1-6, Block 1 effects application of setback requirements. Although this is a private access, a 35 foot building setback and 15 foot parking setback should be applied in order to ensure visibility and maintain a consistent appearance with other commercial developments. Setbacks at the perimeter side and rear of lots within Block 1 and for Lot 1, Block 2 are as follows: Front Side Rear Parking Street Interior Street Interior Street Interior 65ft. 65ft. 10ft, 65ft. 20ft. 10ft. 5ft. The conceptual site layouts indicate that each of the lots have an adequate building envelope within required setbacks. The concept plan and preliminary plat show a 35 foot setback from Quaday Avenue, whereas 65 feet required from a designated collector street. R Easements. Section 21-7-15 of the Subdivision Ordinance requires 10 foot easements at the perimeter of all lots. These easements may be reduced to five for common side or rear lot lines. The preliminary plat shows these easements and also a 50 foot easement for the common driveway. Utility easements must also be provided for any common sanitary sewer or water line not within a public right-of-way. Grading and Drainage. No grading plan has been submitted as required by Section 21-6-2.C. of the Subdivision Ordinance. Failure to submit required information necessary for evaluation of the proposed subdivision may be reasons for delays in processing the request or denial of the request. The plans show a ponding area within Outlot A, which also overlays that segment of LeFebvre Creek along the north portion of the site but no stormwater calculations have been submitted to evaluate the adequacy of the proposed ponding area. Outlot A must be dedicated to the City as it includes regional drainage facilities. All grading issues are subject to approval of the City Engineer. Utilities. The development will be served by municipal sanitary sewer and water services. Plans for construction of these utilities are shown on the concept plan and are subject to review and approval of the City Engineer upon submission of a grading plan. Park and Trail Dedication. Section 21-7-18 of the Subdivision Ordinance requires dedication of land or a cash fee in lieu of land for development of the City's park and trail system. No parks are identified by the Parks and Trails Plan in the area of the subject site. Trails are planned along Quaday Avenue and should be constructed with the street. As such, park dedication should be satisfied with a cash fee in lieu of land in effect at the time of final plat approval. The current cash fee in lieu of land for commercial developments is $7,000 per gross acre, which equals $130,270 for the proposed plat. Development Contract. Upon approval of a final plat, the applicant must enter into a development contract with the City and post required fees and securities. The City Attorney will draft the development contract. RECOMMENDATION The proposed commercial development at the northwest quadrant of CSAH 42 and TH 101 follows the direction of the Comprehensive Plan for establishment of a secondary service location. The preliminary plat does not make accommodations for possible right-of-way needs for access to TH 101 from CSAH 42 as set forth by the Comprehensive Plan if TH 101 is upgraded to freeway status now or in the future. This is a policy issue that the Planning Commission and City Council must respond to. The proposed preliminary plat is generally with the requirements of the Zoning Ordinance and Subdivision Ordinance, although no grading plan has been submitted to allow a full evaluation of the proposed subdivision. The proposed PUD -CUP to allow a 01 private common driveway to access Block 1 is not uncommon for commercial developments and is appropriate given circulation needs. City Staff does recommend that construction of Quaday Avenue within the proposed development be required with the first phase of construction consistent with past City actions for commercial and industrial subdivisions. Based on these considerations, we recommend approval of the applications only if the Planning Commission first finds it consistent with the Comprehensive Plan. POSSIBLE ACTIONS Decision 1 - PUD -CUP A. Motion to approve a PUD -CUP allowing for use of a private drive to provide indirect access to public streets for the lots within Block 1 of the preliminary plat, subject to the following condition: 1. The preliminary plat is revised to provide for dedication of right-of-way to the City for an interchange at the northwest quadrant of CSAH 42 and TH 101, consistent with the policies of the Comprehensive Plan that access to TH 101 at CSAH 42 is to be maintained. The configuration of the necessary right-of-way is subject to further discussions with the City, Wright County, MNDoT and applicant. 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 — Preliminary Plat A. Motion to approve a Preliminary Plat for the Quaday Addition, subject to the following conditions: Approval of a preliminary plat does not guarantee access to sanitary sewer service capacity. Only those projects with approved final plats and executed development contracts that include payment to receive such services shall be allocated sanitary sewer service capacity. 2. The existing non -conforming building is removed with the first final plat. 3. Development of each individual lot will be subject to site and building plan review in accordance with Section 9 of the Zoning Ordinance. E:3 4. The applicant shall prepare a traffic study evaluating the effects of the proposed development to area roadways and implement any recommendations to manage traffic recommended by the City, Wright County and MNDoT as a result of the traffic study. 5. Construction and cost responsibility for Quaday Avenue shall be determined by the City Council as a condition of preliminary plat approval. The right-of-way for Quaday Avenue must be expanded to abut the 310 foot lot line of the adjacent parcel to the northeast. The design and construction of Quaday Avenue is subject to review and approval of the City Engineer. 6. Only one access shall be allowed to Lot 1, Block 2 from Quaday Avenue at an alignment with the access to Block 1 and no direct access to CSAH 42 shall be allowed. 7. The private drive shall provide concrete sidewalks on both sides. The design and construction of the private drive within Block 1 is subject to approval of the City Engineer with access to CSAH 42 subject to review and approval of Wright County. 8. The concept plan and preliminary plat are revised to illustrate a 65 foot setback from Quaday Avenue. Within Block 1, buildings and off-street parking/drive aisles shall be setback from the private driveway 35 feet and 15 feet respectively. 9. All shared utility lines must be overlaid by drainage and utility easements. And all other easements are subject to review and approval of the City Engineer. 10. All utility plans are subject to review and approval of the City Engineer. 11. Grading and drainage plans as required by Section 21-6-2.0 of the Subdivision Ordinance are submitted for review and approval of the City Engineer. 12. Park and trail dedication shall be in the form of cash fee in lieu of land as specified by Section 21-7-18.1.3 of the Subdivision Ordinance. 13. Upon approval of a final plat, the applicant shall enter into a development contract and pay all required fees and securities, subject to review and approval of the City Attorney. 14. Comments of other City Staff. 6 B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance, and/or Subdivision Ordinance. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Virgil Hawkins, Wright County Paul Czech, Mn/DoT Clem Darkenwald 10 ON THE GREAT RIVER ROAD DROP MANHOLE CONNECTION POND \ �OUTLOTA F LOT 6 s — — — — CONVECTION BLOCK 2 r� / / / / Call " Haure e*I- algginq GOPHER STATE ONL Ten Cities Area 851-45A-0002 ! MN. TRN Free 1-800-252-1166 HIGHWAY N 0. 1 0 r�— ------7 —� SEW= LOT LOT 1 J I I LOT EASEMENT \ / Rev I �// 40' \\� l � _ 1�1 > '� es• ------------------- r\ TEWORARY M -DE -SAC LOT > �� / /�IEMp1ARY M -0[ -SAC / EASEMENT / � BL��OC{{((�` aRA un ls G�� YIA1K MRN tAWECINM rTO OI JIV ANO e4 LeoER EMMi,WO IOY N:2 t ODADAY RM _41- O w 120 AC® EXHIBIT B N Z W Q U F J w— N to n I O 3 Wa w o 0 In o 1,_ O U y�N n SN g o NOTES • SURFACE DRAINAGE TCI BE DESIGNED DURING FINAL PLATTING PHASE STORM SEMER WILL CONNECT INDIVIDUAL LOT DRAINAGE TO ON-STE STORM POND. POND TO BE DESIGNED TO ACCOMMODATE THE DRAINAGE REQUIREMENTS FOR THE ENTIRE SITE. • THIS PLAN ILLUSTRATES A POTENTIAL DEVELOPMENT FOR THE PROPERTY. DETAILED INDIVIDUAL LOT CONFIGURATION WALL BE DEVELOPED WATH FINAL PLATTING. _41- O w 120 AC® EXHIBIT B N Z W Q U F J w— N to n I O 3 Wa w o 0 In o 1,_ O U y�N n SN g o J2PREL /UNARY PLAT--�_--- //�------- ------ - N E S 0 T A T R U N K „rte .:, " f .,•. `E CLEMENT & IDONA DARKENWALD N o. 1 0 1 FAMILY LP _.�. ¢ x I G H w A Y F . ......... F. "..���—='�—maw _r ,y„s-7Q2•M'�5—�:: — _ '0�� "o ji pt _ _� „-.��Sv+E—_—„�,– —i–�—� �i—�• sss.x: / Vii" • r ! —'- .;.: ,✓' ` 510 1 I I �, mwlo. R m iii QUADAY ADDITION.--� T /�-T r-,�;M'" I I `"� i�..,,,,o•,n. r/D, roR s..Wir�Enpn, S, s^/76 / r I 'p oA»� F­� .. ,� � . �4' r� / ... 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I OE.OrES [licrnK wwSEOnufn I. •••°' •• N _ r •D1— —-ONE aEDEsrAI _ I 3 H BLOCK2,„� % _. \ SUEE 0 — — .35.00_ _ '-A-:'t_ a//i QUADAY AVENUE NE _i_=_:7' �•— — — — — — — — 595.00 ._.w w —I60.00 — _ .M � — — — — — — — — — NDO'S2Y9'E f ON EXHIBIT C Review No. 1 (Revised) 1111 Hakanson Anderson Assoc., Inc. ENGINEERING REVIEW Preliminary Plat for the City of Otsego by Hakanson Anderson Associates, Inc. Submitted to: Mike Robertson, Administrator cc: Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney RLK — Kuusisto, Ltd. Clement & Idona Darkenwald Family LP Reviewed by: Ronald J. Wagner, PE Shane M. Nelson, EIT Date: August 23, 2002 (updated May 12, 2004) Proposed Development: Quaday Addition Street Location of Property: Part of the NW '/4 of Section 26 and the SW '/a of Section 23, Twp 121, Range 23, Wright County. Applicant: Clement & Idona Darkenwald Family LP 7535 NE River Road Elk River, MN 55330 (763) 441-3700 Owner of Record: Clement & Idona Darkenwald Family, LP Purpose: Rezone from A-1 & B-3 to Commercial Jurisdictional Agencies (but not limited to): Permits Required (but not limited to): Considerations: City of Otsego Wright County Highway Department MN/PCA MN Department of Health NPDES Sewer Extension — MN/PCA Watermain Extension - MDH MN Department of Natural Resources City of Otsego (wetland) Page 1 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2253\ot2253RVW1Revised. doc INFORMATION AVAILABLE Plan set dated 8/13/02, by RLK Kuusisto, Ltd. Sheet 1 of 2 — Preliminary Plat Sheet 2 of 2 — Concept Master Plan City of Otsego Engineering Manual, 2/27/01 revision City of Otsego Zoning and Subdivision Ordinances as revised National Wetlands Inventory Map 1991 City of Otsego Comprehensive Plan dated September 1998 REVIEW AND COMMENTS 1. Include a key map of the site. (21-6-2.A.5) 2. Label existing zoning classifications for land abutting the site as well as within the site. (21-6-2.B.2) 3. Verify location of existing Quaday Ave NE south of CSAH 42. Show Quaday Ave NE Right -of -Way. (21-6-2.B.4) 4. Show existing utilities to the south of CSAH 42. Include invert elevations for all existing sanitary sewer manholes. Label existing sanitary sewer and watermain with sizes. (21-6-2.B.5) 5. Adjoining subdivided and unsubdivided land shall be identified by name and ownership. (21-6-2.B.6) 6. Call out 100 -year flood elevations. (21-6-2.B.9) The 100 -year flood elevation will be that of the adjacent Mississippi River. 7. Street intersection jogs with centerline offsets of less than 200' are prohibited. (21-7- 7.E) Centerline of Quaday Ave NE north of CSAH 42 shall be in-line with Quaday Ave NE south of CSAH 42. 8. Show proposed centerline elevations, gradients, and proposed typical cross-sections. (21-6-2.C.1) The parking lot and road shall not be more than 2' in elevation below the 100 -year flood elevation. 9. Call out proposed building elevations. (21-6-2.C.10) Elevations must be at least 1.5' above the 100 -year flood elevation. Page 2 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2253\ot2253RVW1Revised.doc 10. Streets shall be designed for a 30 mph design speed. Minimum horizontal curvature is 250' radius. (21-7-7.G) 11. The intersection of Quaday Ave NE and CSAH 42 shall be rounded by a minimum radius of 50'. 12. The ROW shall be rounded parallel to the curb at street intersections to allow for utility installations behind the curb within the Right -of -Way. 13. The private street width is subject to approval from City staff (there currently is no private commercial streets within the City of Otsego). 14. Drainage easements covering Lefebvre Creek (see attached easement exhibit), any wetlands, and the proposed pond shall be provided. 15. Verify existing 50' wide permanent utility easement is shown correctly (see attached easement exhibit). OTHER CONSIDERATIONS 1. A statement certifying the environmental condition of the site is required. 2. Submit a wetland delineation report for review. 3. Mn/DOT is in the process of preparing plans for TH101 to be improved to freeway status. These plans are not finalized and depending upon city, county, and state input could have significant impacts to this property. Page 3 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2253\ot2253RVW1Revised.doc ITEM 3-5 NORTHWEST ASSOCIATED CONSULTANTS, INC. �'.5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 12 May 2004 RE: Otsego — Zoning Ordinance; Lot Access NAC FILE: 176.08 — 04.05 At the direction of the City Council, the Planning Commission reviewed the provisions of the Zoning Ordinance regulating lot access at their meetings on 5 April 2004 and 19 April 2004. The purpose of the review was to provide greater clarification within the Zoning Ordinance as to what conditions a second curb access would be allowed, especially related to single family lots. The draft ordinance amendment attached hereto would separate performance standards applicable to commercial, industrial and multiple family uses, townhouse and twin home uses and single family lots. The provisions applicable to all but the single family lots are essentially unchanged. The draft ordinance amendment would provide allowance for a second lot access to single family lots in the A-1 and A-2 Districts by administrative permit if the lot has a minimum area of five acres and minimum frontage to a public street of 250 feet. Allowance of a second lot access for all other single family lots would still require a conditional use permit,.but the proposed ordinance provides specific direction as to when such an access is allowed and subject to what conditions. City Staff believes that the proposed ordinance amendment allows the City to balance limits on property access and convenience, with specific conditions regarding demonstrated need, spacing requirements, and topographical constraints. We recommend approval of the Zoning Ordinance amendment in the form attached hereto. PC. Mike Robertson Judy Hudson Tim Rochel Ron Wagner Andy MacArthur ORDINANCE NO.: 2004 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING SECTION 21 OF THE ZONING ORDINANCE (OFF- STREET PARKING) REGARDING SITE ACCESS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-21-4.H.11 of the Zoning Ordinance is hereby amended to read as follows: 11. Lot Access: a. All property shall be entitled to one (1) access from a public street. b. Commercial, Industrial, Institutional, and multiple family residential uses shall be allowed one (1) access for each one hundred twenty five (125) feet of street frontage, subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer. C. Townhouse and two family uses shall be allowed one (1) access per dwelling unit. d. Single Family residential uses shall be limited to one (1) access per property, except as provided for below: (1) Lots within the A-1 or A-2 District shall be allowed two (2) accesses per property by administrative permit, provided that: (a) The lot shall have an area of five (5) acres or greater. (b) The lot shall have a minimum frontage of two hundred fifty (250) feet to a public street with a rural section design (no curb). (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning 1 Ordinance and approval of the City Engineer and the County Engineer when applicable. (d) The design of the lot access shall conform to the specifications established by the Engineering Manual. (2) Lots within all other Districts or those in the A-1 and A-2 District not meeting the requirements for an administrative permit outlined in Section 20-21-4.H.11.c(1) shall be allowed not more than two (2) access per property by conditional use permit, provided that: (a) There is a demonstrated need for more than one lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The lot shall a have a minimum of one hundred fifty (150) feet of frontage to a public street. (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (d) The design of the lot access shall conform to the specifications established by the Engineering Manual. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this day of , 2004. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk N ITEM 3_6 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 12 May 2004 RE: Otsego — Zoning Ordinance; Temporary Signs NAC FILE: 176.08 — 04.07 The Planning Commission has reviewed the provisions of the Zoning Ordinance regulating temporary signs at three separate meetings, including receipt of information from City Staff and input from area commercial property owners. The purpose of the review was to determine if the existing provisions regarding temporary signs established an appropriate community standard compatible with commercial site design, traffic movement and administration capabilities. At the direction of the Planning Commission, the attached draft Zoning Ordinance amendment was prepared by City Staff. The draft ordinance amendment would prohibit all temporary freestanding signs, while making greater allowances for temporary banners and wall mounted signs. Specific provisions of the draft Zoning Ordinance amendment deal with administration and enforcement of the temporary sign provisions, which has been problematic for City Staff under the current regulations. City Staff believes that the proposed ordinance amendment allows appropriate balance between the need for temporary signs announcing special events, grand openings, sales, etc., while maintaining desired community character and proper site function. We recommend approval of the Zoning Ordinance amendment in the form attached hereto. PC. Mike Robertson Judy Hudson Tim Rochel Ron Wagner Andy MacArthur ORDINANCE NO.: 2004 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING SECTION 37 OF THE ZONING ORDINANCE (SIGNS) REGARDING TEMPORARY MESSAGE SIGNS AND SPECIAL MESSAGE SIGNS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-37-3.A.3 of the Zoning Ordinance is hereby amended to read as follows: 3. Temporary Signs: Temporary signs announcing any public, charitable, educational or religious event or function, located entirely within the premises of that institution shall be allowed, provided that: a. Freestanding or freestanding portable signs are prohibited. Only wall mounted signs or banners shall be allowed as temporary signs. b. The sign area may not exceed thirty two (32) square feet. C. The sign may be illuminated, but flashing signs or electronic changing messages are prohibited. d. A temporary sign may be displayed for a period not more than twenty one (21) days prior to the event and shall be removed within three (3) days after the event. Not more than one sign shall be displayed per property at any one time. e. The Zoning Administrator may order the immediate removal of any special message sign that is not maintained in accordance with the provisions of this section. Section 2. Section 20-37-5.C.6 of the Zoning Ordinance is hereby amended to read as follows: 6. Special Message Signs. Special message signs may be allowed on a temporary basis by an administrative permit subject to the following provisions: a. Freestanding or freestanding portable signs are prohibited. Only wall mounted signs or banners shall be allowed as special message signs. b. The sign area may not exceed thirty two (32) square feet. C. The signs may be illuminated, but flashing signs or electronic changing messages are prohibited. d. An individual special message sign may be displayed for a period not to exceed ten (21) days and not more than one (1) sign may be displayed per property at any one time. e. Administrative permits: One (1) sign permit per property or one sign permit per tenant with an exclusive exterior entrance within a multiple occupancy building shall be allowed per calendar year. 2. In addition to the sign permit allowed by Section 20-37- 5.C.6.e of this Section, one (1) additional sign permit may be issued within ninety (90) days of issuance of a certificate of occupancy or other documentation satisfactory to the Zoning Administrator of new occupancy of a property, building or tenant space. 3. The owner of the property on which the sign is to be located shall endorse in writing all applications for a special message sign and shall be responsible for the proper location, maintenance and removal of the sign. 4. The applicant for the administrative permit shall provide an escrow in an amount determined by the Zoning Administrator to ensure compliance with the provisions of this Section. 4 5. The Zoning Administrator may order the immediate removal of any special message sign that is not maintained in accordance with the provisions of this section at the administrative permit holders' expense. Section 3. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this day of , 2004. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 3