ITEM 3.13601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCTPCPPlan ni ngCo. com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht
RE: Otsego — Riverbend North; PUD Amendment/Concept Plan
REPORT DATE: 14 July 2017
ACTION DATE: 20 September 2017
TPC FILE: 101.02
BACKGROUND
Darkenwald Corporation has submitted application to amend the Riverbend North PUD District
proposed and agreed to by the developer and approved by the City Council on 22 September
2014. The amendment of the PUD District is necessary to allow for mini -storage (warehouse)
uses as a principal use within the subject site, allow use of a private WWTF to serve new
development within the subject site, and allow for a revised site plan arranging the residential
and warehouse uses within the site in a manner different than the PUD Master Plan proposed
and agreed to by the developer and approved by the City Council with the PUD District in 2014.
The developer has provided a Concept Plan Exhibit as part of their project narrative illustrating
the graphic designation of the proposed land uses within the subject site as proposed as part of
the PUD District amendment. A public hearing to consider the PUD District amendment and
PUD Concept plan has been noticed for the Planning Commission meeting on 17 July 2017.
The City Council is scheduled to consider the recommendations of the Planning Commission,
City staff, and record of the public hearing at their meeting on 14 August 2017.
Exhibits:
• Site location
• Future Land Use Plan Map
• Minutes of the September 15, 2014 Planning Commission meeting
• Developer's project narrative dated May 23, 2017, including:
o Exhibit 1: Ordinance 2014-11 (Riverbend North PUD District)
o Exhibit 2: Riverbend North CIC Plat
o Exhibit 3: Existing Conditions
o Exhibit 4: Concept Plan Exhibit dated 05.18.17
o Exhibit 5: Donohue Technical Memorandum No. 1 dated May 22, 2017
o Exhibit 6: Spack Consulting Forecasted Trip Generation and Traffic Signal
Warrant Analysis dated May 23, 2018
• MNDoT letter dated July 10, 2017
• AE2S technical memorandum dated July 11, 2017
• Draft findings of fact approving PUD District amendment
• Draft amended PUD District Ordinance
• Draft findings of fact denying the PUD District amendment
ANALYSIS
Existing Conditions. The 17.74 acre subject site is currently developed with a privately owned
and operated waste water treatment facility (WWTF) serving the Riverbend Mobile Home Park
to the south, one detached accessory building used for storage purposes, and outdoor storage
of vehicles, boats, trailers, etc. The subject site is owned by an entity different than that which
owns the Riverbend Mobile Home Park. There are no records in City files allowing for use of
the detached accessory building or open storage as a principal or secondary use, which would
not be allowed under past or present zoning of the subject site. The majority of the subject site
was previously used as a treatment basin related to the private WWTF. The basin was
reclaimed to allow for development of the property.
Surrounding Land Uses. The following table outlines the existing and planned uses surrounding
the subject site:
Direction
Land Use Plan
Zoning Map
Existing Use
North
Agriculture
A-1 District/
WS District
Undeveloped
East
LD Residential
R-1 District
Single Family Homes
South
LD/MD Residential
R-3 District
Manufactured Home Park
(legal non -conforming use)
West
Commercial
R-3 District
TH 101/Undeveloped
CIC Plat. The developer recorded a Common Interest Community (CIC) Plat for the subject site
with Wright County on 7 February 2017. The CIC Plat divides the subject site into four units,
one of which includes the existing private WWTF. Minnesota Statutes 5156.1-106 states that
use of a CIC plat for subdivision of property ownership does not invalidate or modify
applicability of the City Code, Zoning Ordinance and/or Subdivision Ordinance. The CIC plat
was recorded without City review and approvals and is not recognized as having standing for
the purposes of providing entitlements for development of the subject site.
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Comprehensive Plan. The 2012 Comprehensive Plan includes a Future Land Use Plan as a
narrative and graphic description of the land uses anticipated to develop within the City over
time. The subject site is guided by the Future Land Use Plan for commercial land uses based on
its location with access and visibility from the TH 101 corridor. The developer in their narrative
states that the improvements to TH 101 have decreased the potential for commercial use of the
subject site to justify the proposed deviations in land uses and the arrangement of land uses to
be developed within the subject site. The Planning Commission must consider the developer's
comments in context of the following policies of the 2012 Comprehensive Plan:
• Amend established, geographic land use designations and related zoning
classifications only when it can be demonstrated by those making the request that
the modifications are in the best long term interest of the community and
consistent with the policies of the Comprehensive Plan. (2012 Otsego
Comprehensive Plan, page 19)
Justification to amend the Comprehensive Plan (or Zoning Ordinance) to allow uses
or activities not guided for or allowed shall be consistent with long-term
community goals and not solely short term market demand or potential. (2012
Otsego Comprehensive Plan, page 20)
Designate commercial development in areas of high accessibility with the Trunk
Highway 101 corridor being promoted as the primary focus for commercial uses
within Otsego. (2012 Otsego Comprehensive Plan, page 25)
The developer supported the change to the Future Land Use Plan with the 2004 Comprehensive
Plan update that designated the subject site for future commercial uses (from low density
residential) as part of a collaborative effort by the City and property owners surrounding the TH
101 and CSAH42 intersection to maintain full access as TH 101 was upgraded to freeway status.
As implemented by the B-3 District, the commercial uses allowed to develop in areas guided for
commercial uses include not only retail and restaurants, but a broad range of office and
services (dry cleaners, print stores, banks, etc.) that would be appropriately located on the
subject site. The PUD Master Plan proposed and agreed to by the developer and approved by
the City Council in 2014 arranged the commercial uses to be located on the most visible and
accessible portion of the subject site. The City has adopted sign regulations specific to the TH
101 corridor to provide for business identification signage with sufficient area and height to be
viewed by traffic on TH 101. City staff believes that the proposed PUD District amendment to
allow for the expansion of multiple family and warehouse uses, while almost completely
eliminating commercial land uses as shown on the concept plan is inconsistent with the City's
long-term vision of the community as established by the 2012 Comprehensive Plan.
Zoning. The subject site (and abutting Riverbend Mobile Home Park) was zoned R-3,
Residential Long Range Urban Service District at the time the Otsego Zoning Ordinance was
adopted on by Ordinance 92-02 on 13 April 1992 after incorporation of the City.
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The developer submitted an application for a zoning map amendment to rezone the subject site
to B-3, General Business District and preliminary plat seven lots for commercial development.
This effort was undertaken concurrently with planning for the improvement of TH 101 to four
lane freeway as part of the City and surrounding property owners' collaborative efforts to
maintain full access to TH 101 at CSAH 42. The Zoning Map amendment and preliminary plat
were approved by the City Council on 25 September 2006. The developer failed to submit
application for final plat approval within one year from the date the preliminary plat was
approved as required by Minnesota Statutes 462.358, Subd. 3c. and Section 21-3-2.K.7 of the
Subdivision Ordinance. The preliminary plat is deemed void, but the B-3 District zoning
designation remained in effect.
In 2014, the developer submitted application to rezone the subject site to PUD, Planned Unit
Development District based on a PUD Master Plan for development of commercial and multiple
family uses. The minutes of the public hearing to consider the PUD District held by the Planning
Commission on 15 September 2014 record that Mr. Casey Darkenwald, representing the
developer, was present and stated that he agreed with the recommendations of City staff,
which include the language of the PUD District ordinance. The PUD District was approved by
the City Council in the form agreed to by the developer and recommended by the Planning
Commission as Ordinance 2014-11 on 22 September 2014.
Non -Conforming Use. The allowed uses of the zoning districts governing the subject site under
the Zoning Ordinance from the initial R-3 District to the current PUD District do not include
private utility facilities (or manufactured home parks) making the existing private WWTF, the
principal use of the property, a legal non -conforming use. The non -conforming status of the
existing private WWTF is not a result of the City's action amending the Zoning Ordinance to
include allowance for public and private WWTFs within the INS District as a conditional use
subject to specific performance standards as stated in the developer's project narrative.
Section 20-15-3.A of the Zoning Ordinance states that a legal non -conforming use cannot be
enlarged but may be continued at the size and in the manner of operation for which it was
approved. Section 20-15-3.0 of the Zoning Ordinance allows normal maintenance of a non-
conforming use, including non-structural repairs or alterations that do not physically extend or
intensify the non -conforming use. Section 20-15-3.1 of the Zoning Ordinance states that a non-
conforming use may otherwise only be changed to lessen the non -conformity of the use. No
expansion of either the Riverbend Manufactured Home Park or the existing private WWTF has
been undertaken since their original construction.
PUD Amendment. The PUD District as proposed and agreed to by the developer and
approved by the City Council in 2014 establishes both allowed land uses and the arrangement
of the land uses as shown on the PUD Master Plan. Areas designated on the 2014 PUD Master
Plan for commercial uses are to be developed in accordance with the provisions of the B-3
District and areas designated for apartments and accessory storage are to be developed in
accordance with the provisions of the R-7 District. The proposed Concept Plan Exhibit dated
05.18.2017 includes the following uses:
F
• Development of a 192 unit apartment building along the west side of the subject site.
The proposed 192 unit apartment building is located upon a 13.1 acre lot, whereas the
PUD Master Plan proposed and agreed to by the developer and approved by the City
designated approximately 7.7 acres of the subject site for apartment uses and accessory
storage. Based on a minimum lot area requirement of one dwelling unit per 2,500
square feet as required by the PUD District in accordance with the standards of the R-7
District, the number of dwelling units that may be anticipated for the apartment use as
shown on the 2014 PUD Master Plan proposed and agreed to by the developer and
approved by the City is 134, or 58 dwellings less than the developer now proposes as
expansion of the residential use within the subject site. The proposed apartment use
absorbs almost all of the approximate 2.2 acre commercial site at the northern most
point of the subject site, which would be the most visible and accessible commercial
opportunity. MNDoT, in their letter dated July 10, 2017, commented that the proposed
apartment dwellings may be impacted by noise generated by TH 101 abutting the west
line of the subject site. Whereas the PUD Master Plan proposed and agreed to by the
developer and approved by the City Council sheltered the planned apartment uses to
the east of the existing sound wall along the east side of the subject site, the proposed
Concept Plan Exihibit extends the apartment building more than 600 feet to the north of
the existing sound wall, exposing dwelling units to potential noise impacts. The
developers' project narrative does not include a description of proposed noise
mitigation measures that would be implemented to address noise impacts from TH 101.
• Development of six buildings with 97 mini -storage units on the east portion of the
property adjacent to CSAH 42. Mini -storage uses are defined by the City as
warehousing. Warehousing is not an allowed principal use of the B-3 District or R-7
District, which establish the uses allowed within the 2014 PUD District proposed and
agreed to by the developer and approved by the City Council. The 2014 PUD District did
allow for storage buildings as an accessory use limited to the planned apartment use or
Riverbend Mobile Home Park. The City has to date allowed development of mini-
storage/warehouse units as a principal use only within the B -W, Business Warehouse
District or 1-2, General Industrial District. Mini -storage uses as a principal are not
appropriate for areas guided for commercial use as they do not contribute to the range
of retail, service, or office business available to the community, do not support patron
interchange between businesses, and do not contribute to accumulative attraction for a
commercial area. From an economic development perspective, the proposed mini -
storage buildings as a principal use do not create opportunity to expand employment
within the City as compared to commercial land uses.
• A 5,000 square foot future commercial/retail building is shown adjacent to CSAH 42,
north of the site entrance. The area of this one commercial building is substantially less
than the approximate 4.65 acres of commercial development designated on the 2014
PUD Master Plan proposed and agreed to by the developer and approved by the City
Council. The future commercial building is not addressed in the private WWTF analysis
or preliminary traffic analysis included as appendices to the developer's project
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narrative. Visibility of the commercial building from northbound TH 101 is blocked by
the proposed apartment building. The proposed Concept Plan Exhibit limiting visibility
and reducing the area of commercial uses such that there is minimal accumulative
attraction or business interchange opportunity greatly impairs the likelihood of the
future commercial use being developed.
• The existing private WWTF is shown to remain at the subject site. The 2012
Comprehensive Plan includes the policy to "prohibit delivery of common private sanitary
sewer delivery to lands other than the existing Riverbend Mobile Home Park in favor of
provision of municipally owned and operated facilities to protect public health, safety
and welfare" (2012 Otsego Comprehensive Plan, page 40). Approval of a PUD District
amendment to make the existing private WWTF an allowed use serving properties
beyond the Riverbend Mobile Home Park (defined by the City as the development
within PID 118-500263100 including the +/- 199 manufactured home units, office
building, and community building) would be inconsistent with the policies of the
Comprehensive Plan. As a legal non -conforming use, the private WWTF is allowed to
remain and continue to function only in its current size and manner.
The findings of fact adopted by the City Council in approving the 2014 PUD District (and
included PUD Master Plan) as proposed and agreed to by the developer include the following
statement related to consistency with the Comprehensive Plan:
Finding: The Comprehensive Plan includes the policy to cluster complementary
land uses and activities into functionally related sub -units of the community as
determined by physical barriers, homogenous land use characteristics and service
area boundaries. The proposed master plan for the subject site reflects the
physical characteristics of the site relative to TH 101 and CSAH 42, provides in-
place residential support for planned commercial uses and provides a desirable
land use transition from Riverbend Mobile Home Park. The proposed PUD
District is therefore consistent with the provisions of the Comprehensive Plan.
(Otsego City Council, Findings of Fact and Decision, dated 22 September 2014)
The proposed Concept Plan Exhibit almost completely eliminates commercial uses at the most
visible and accessible portion of the subject site nearest the TH 101 and CSAH 42 interchange.
The residential land use no longer serves as primarily a transitional land use between
commercial development and the existing Riverbend Mobile Home Park as contemplated by
the PUD Master Plan. The Concept Plan Exhibit includes warehouse uses not allowed by the
City within areas guided by the Comprehensive Plan and zoned for commercial land uses. By
expanding residential uses and introducing warehouse uses to almost completely eliminate the
commercial uses designated by the 2014 PUD Master Plan proposed by the developer and
approved by the City Council, the Concept Plan Exhibit is not consistent with the the policies
and Future Land Use Plan of the 2012 Comprehensive Plan. Section 20-26-1.G of the Zoning
Ordinance states that the purpose of a PUD District is to encourage "a development pattern in
harmony with the objectives of the Comprehensive Plan (PUD is not intended as a means to
CI
vary applicable planning and zoning principles). City staff does not support amendment of the
PUD District to allow the land uses and arrangement of land uses as shown on the Concept Plan
Exhibit.
Concept Plan. The developer has submitted a proposed Concept Plan Exhibit for development
of the subject site in conjunction with the PUD District amendment request. As stated by
Section 20-36-4.C.1 of the Zoning Ordinance, the PUD Concept Plan review process provides an
opportunity for the applicant to submit a plan to the City showing the basic intent and the
general nature of the entire development without incurring substantial cost. The PUD Concept
Plan review process does not convey to the developer entitlements to a specific site, building,
or subdivision plan, which is subject to further review as part of subsequent zoning and
subdivision applications. The following considerations are outlined regarding the proposed
Concept Plan Exhibit:
• Applications Required:
1. PUD Development Stage Plan.
2. Preliminary Plat.
3. Final plat
• Building Finish. No plans have been submitted as part of the Concept Plan Exhibit for
the proposed apartment, future commercial, or mini -storage buildings.
Apartment buildings within the R-7 District are required to comply with 20-17-4.C.3 of
the Zoning Ordinance requiring use of brick, stone, brick CMU, or stucco for not less
than 50 percent of the total wall area, and not more than 25 percent of any one wall
may use a single material except brick, stone, brick CMU, stucco, or fiber cement board.
The proposed apartment building would be required to comply with this requirement
under the PUD District. The concept plan indicates there are two detached accessory
buildings for the apartment building with enclosed garage stalls. The exterior materials
for the detached accessory buildings are required by Section 20-18-2.G.1 and 2 of the
Zoning Ordinance to be the same and compatible in design as used on the apartment
building.
The proposed mini -storage buildings and future commercial building are proposed to be
developed within an area guided by the Comprehensive Plan for commercial uses to
which a very high standard of building quality is to apply (2012 Comprehensive Plan,
page 81). As such, the same building requirements that would apply to a building
within the B-3 District ought to apply to the proposed mini -storage buildings and future
commercial building. Section 20-17-4.D.1 of the Zoning Ordinance requires buildings to
have not less than 65 percent Grade A materials, not more than 35 percent Grade B
materials and not more than 10 percent Grade C materials, as defined by Section 20-17-
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4.B.1 of the Zoning Ordinance, with each side of the building to have the same exterior
finish treatment.
Building Height. Building heights within the PUD District for the uses allowed
correspond to B-3 District and R-7 District allowances. For the mini -storage and future
commercial buildings, the allowed height within the B-3 District is 35 feet in accordance
with Section 20-77-8 of the Zoning Ordinance. No height information regarding the
mini -storage buildings or future commercial building has been submitted, but it is
assumed that these are single story buildings that would be within the allowed height
limit. Principal buildings within the R-7 District are allowed to be three stories or 35
feet by Section 20-68-8.0 of the Zoning Ordinance. The proposed apartment building is
proposed to be four stories. Provided that all other performance standards applicable
to the apartment use are complied with, the additional building height may be allowed
in approving a PUD Development Stage Plan. The detached buildings accessory to the
apartment building are limited to 16 feet in height by Section 20-18-2.F.1 of the Zoning
Ordinance.
Landscaping. No landscaping is shown on the concept plan. Landscaping for the
apartment use must include plantings as required by Section 20-19-2 of the Zoning
Ordinance for general landscaping and 20-19-3.B of the Zoning Ordinance for residential
buffer yards abutting TH 101 and CSAH 42 rights-of-way. The proposed mini -storage
use must provide landscaping as required by Section 20-19-2 of the Zoning Ordinance.
Landscaping for the future commercial building would also be subject to Section 20-19-2
of the Zoning Ordinance if and when such a use is proposed as a development stage
plan.
• Lot Requirements. The PUD District specifies that the lot requirements for the
commercial uses and residential uses shall be established as those required by the B-3
District and R-7 District, respectively, unless modified as part of a PUD Development
Stage Plan.
o Apartments. Multiple family uses within the R-7 District are required by Section
20-68-6.A.3 of the Zoning Ordinance to provide a minimum lot area of 20,000
square feet or a minimum of 2,500 square feet of lot area per dwelling unit,
whichever is greater. Based on 192 dwelling units, the minimum lot area
required for the proposed apartment is 480,000 square feet or 11.02 acres. The
area shown on the Concept Plan Exhibit for the apartment use is 570,636 square
feet or 13.1 acres. The R-7 District also includes regulations on building massing
in Section 20-68-8 of the Zoning Ordinance; total building coverage is limited to
30 percent of the lot area and the floor area ratio (gross floor area / lot area) of
all buildings cannot exceed 0.7. The area of the lot required for the apartment
use is further subject to the schedule of allowances established by Section 20-68-
7 of the Zoning Ordinance. The area of the lot for the apartment use will be
reduced to account for the area planned for development of the future
commercial building and to provide an outlot for the stormwater basin to the
west of the building to be deeded to the City.
Setbacks applicable to the proposed apartment use are shown below. The
proposed apartment building appears to comply with the setbacks required by
Section 20-68-6-B of the Zoning Ordinance. In accordance with Section 20-18-
2.D of the Zoning Ordinance, the two detached buildings accessory to the
apartment use are subject to principal building setbacks, which the concept plan
does not comply with.
Buildings
Parking
TH 101
CSAH 42
South
ROW
Interior
65ft.
1 65ft.
10ft.
15ft.
5ft.
A PUD Development Stage Plan application for the apartment use must comply
with the requirements of Sections 20-68-6.A, 20-68-6.13, 20-68-7, and 20-68-8 of
the Zoning Ordinance.
o Mini -Storage. Uses within the B-3 District are required to have a minimum lot
area of one acre as required by Section 20-77-7.A of the Zoning Ordinance. The
mini -storage is located on 1.9 acres together with the existing private WWTF.
Under the requirements of the INS, Institutional District, WWTFs are required to
have a minimum lot area of 15 acres and provide a 75 foot setback from any
property line. Given the footprint of the existing private WWTF, the minimum
lot area requirement may not be applicable to the subject site and flexibility
warranted under a PUD Development Stage Plan for the legal non -conforming
use. The 75 foot setback should be applied to any development adjacent to the
existing private WWTF consistent with the intent of the setback requirement to
ensure security of the WWTF, land use compatibility and protection of public,
health, safety and welfare. Other setbacks applicable to the mini -storage
buildings as required by Section 20-77-7.0 of the Zoning Ordinance include:
Buildings
Parking
Public
ROW
Private
Drive
South
ROW
Interior
30ft.
30ft.
35ft,
15ft.
5ft.
Setbacks between buildings should be a minimum of 24 feet equivalent of two
drive aisles and are subject to review and approval of the City and Fire Marshal
for adequate circulation of emergency vehicles.
o Future Commercial Building. The area of the commercial building is not
identified on the concept plan as it is currently shown as being on the same
parcel with the apartment use. The location of the future commercial building
should be subdivided as an outlot for future development. Uses within the B-3
District are required to have a minimum lot area of one acre and the following
setbacks are required by Section 20-77-7.0 of the Zoning Ordinance:
Buildings
Parking
Public
ROW
Private
Drive
West
ROW
Interior
30ft.
30ft.
35ft.
15ft.
5ft.
• Access. The subject site abuts CSAH 42, which is designated as a minor arterial
roadway by Figure 8 of the Northeast Wright County Sub Area Transportation Study and
Transportation Plan chapter of the 2012 Otsego Comprehensive Plan. Figure 22 of the
NEWC Transportation Study recommends intersection spacing for the section of CSAH
42 abutting the subject site of one-quarter mile for full access and one-eighth mile for
right-in/right-out access. The concept plan illustrates a proposed access approximately
450 feet from the east TH 101/CSAH 42 interchange ramps and approximately 750 feet
from the existing access to the Riverbend Mobile Home Park. A future right-in/right out
access is also shown between the primary access and the east TH 101/CSAH 42
interchange ramps. Wright County may require dedication of additional right-of-way for
CSAH 42 and construction of left/right turn lanes at the access. MNDoT has provided
comments in a letter dated July 10, 2017 that the proposed access to the subject site be
moved to be at least one-quarter mile from the east TH 101/CSAH 42 interchange
ramps, although they also noted that the information received by them was not
sufficient for a complete review of the development proposal.
The location of the proposed accesses are consistent with the location of the 2006
Riverbend North preliminary plat and the PUD Master Plan proposed and agreed to by
the developer and approved by the City Council in 2014. The developer has provided
preliminary trip generation and traffic signal warrant analysis for the proposed Concept
Plan Exhibit. Total daily trips are estimated to be 1,358 for the proposed uses. Note
that the forecasted traffic volumes analysis utilized a single family land use (ITE Code
#210) and not residential condominium/townhouse land use (ITE Code #230) for the AM
and PM Peak Volumes analysis. Regardless, the City and Wright County will require
preparation of a full traffic study to evaluate traffic generation and the proposed access
location by a third party consultant at the developer's cost prior to submission of a PUD
Development Stage Plan application.
An issue that must be addressed by the third -party traffic study is the access to the
Riverbend Mobile Home Park. The existing Riverbend Mobile Home Park has only one
access to CSAH 42 for the +/- 199 manufactured home lots and office use within the
development. The one access to this many home sites with choke point at the primary
intersection is concerning from a public safety standpoint. Allowance of a full
intersection access for the subject site may trigger that the existing access to Riverbend
Mobile Home Park be restricted to right-in/right-only in the future, increasing the public
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safety issue, as well as causing inconvenience for residents of the Riverbend Mobile
Home Park.
Section 21-7-5.D of the Subdivision Ordinance requires that new developments make
provision for extension of streets to adjoining parcels. Extension of access through the
subject site to the north line of the Riverbend Mobile Home Park would allow for
circulation between the properties and ensure full intersection access to CSAH 42. The
Concept Plan Exhibit illustrates that internal access to the uses within the subject site is
to be provided via a private driveway within an 80 foot wide easement having head -in
parking stalls along both sides and a sidewalk on the west side. This easement extends
from the proposed CSAH 42 intersection through to the north line of the Riverbend
Mobile Home Park. As the subject site and Riverbend Mobile Home Park are owned by
separate entities, the developer would be required to construct the private drive and
sidewalk from CSAH 42 to the north line of the Riverbend Home Park and provide a
temporary turn around until such time as a through connection is made as a condition
of access approval to CSAH 42 as proposed on the Concept Plan Exhibit. The traffic
study must evaluate the adequacy of the proposed private drive to accommodate the
traffic generated by the proposed development and Riverbend Mobile Home Park in
consideration of its design width and head -in parking stalls. The City may require as a
condition of PUD Development Stage Plan approval construction of a public street
dedicated to the City if it finds such action necessary to ensure long-term access to the
Riverbend Mobile Home Park.
• Off -Street Parking. The 2014 PUD District requires off-street parking stalls to be
provided as required by Section 21 of the Zoning Ordinance. Section 20-21-9 of the
Zoning Ordinance requires the following number of off-street parking for the uses
shown on the Concept Plan Exhibit:
Use
Area
Requirement
Required
Stalls
Apartment
192du.
2.5 stalls/du
480
Future Commercial
5,000sf.
1 stall/250sf.
18
Mini -Storage
31,400sf.
1 stall/1,000sf.
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The Concept Plan Exhibit provides a total of 492 off-street parking stalls, which is less
than the 530 off-street parking stalls required for all three uses. There is no property
line shown between the apartment and future commercial building to be able to
delineate parking between the two uses. There are 79 parking stalls and 45 future
parking stalls shown within the private drive easement. Off-street parking is required
by Section 20-21-6.A of the Zoning Ordinance to be on the same lot of the use to which
the parking is accessory to unless the conditions of Sections 20-21-10 and/or 20-21-11
of the Zoning Ordinance are met. Allowance of the parking stalls along the private
driveway will also be subject to the recommendations of the third party traffic study.
No parking stalls are shown on the lot of the mini -storage buildings, but the City has
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considered the drive aisles adjacent to the storage units as providing sufficient space for
other mini -storage uses developed within the City. All off-street parking stalls and
drive aisles must comply with the construction and design requirements of Section 20-
21-4.H of the Zoning Ordinance.
• Fencing. Installation of fencing is common for mini -storage uses to provide security for
the property. No fencing is shown on the Concept Plan Exhibit. Fencing for the mini -
storage use is subject to the requirements of Section 20-19-4 of the Zoning Ordinance.
Application for approval of a PUD Development Stage Plan application must include
details regarding proposed fencing.
• Exterior Lighting. The developer has not provided any information regarding exterior
lighting for the proposed uses. Application for a PUD Development Stage Plan approval
must include a photometric lighting plan indicating the type of luminaire, location of all
fixtures, height of all fixtures and intensity of all proposed exterior fixtures. All exterior
lighting must comply with Section 20-16-6 of the Zoning Ordinance.
• Trash. The Concept Plan Exhibit illustrates a trash enclosure adjacent to the existing
Riverbend Mobile Home Park office building. Access to the trash enclosure appears to
be available only via the Riverbend Mobile Home Park private drives with no direct
access from the apartment use. Riverbend Mobile Home Park is under separate
ownership from the subject site and no included in the 2014 PUD District. The
developer must identify as part of a PUD Development Stage Plan application the
intended use of the trash enclosure and provisions to ensure that trash and recyclables
for the apartment, future commercial building, and mini -storage uses are addressed as
required by Section 20-18-4 of the Zoning Ordinance.
• Signs. No information has been provided regarding signs to be located on the subject
site. Application for a PUD Development Stage Plan approval must include plans for
signs for each of the various uses. All signs must comply with Section 37 of the Zoning
Ordinance.
• Utilities. The subject site is located within the East Sewer District designated by the
2012 Comprehensive Plan. Section 6-1-3 of the City Code requires all new development
to connect municipal utilities when available. The 2014 PUD District as agreed to by the
developer and approved by the City Council requires all development within the PUD
District to connect to municipal sanitary sewer and water utilities. Sanitary sewer and
water utilities are adjacent to the east line of the subject site to serve the proposed
development.
The 2014 PUD District proposed and agreed to by the developer and approved by the
City Council did not contemplate continuation of the existing private WWTF. The
developer is now proposing to maintain the private WWTF to continue to serve the
Riverbend Mobile Home Park and to serve the apartment and mini -storage uses shown
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on the Concept Plan Exhibit. Water service service would continue to be provided to
Riverbend Mobile Home Park and to all new development by municipal utilities. The
developer's project narrative regarding the private WWTF and the WWTF evaluation
report included therein incorrectly identify the proposed apartment use as having 170
dwelling units, whereas the Concept Plan Exhibit and other sections of the developer's
project narrative proposes 192 dwelling units. The developer's project narrative and the
WWTF evaluation report also does not address service of the proposed future
commercial building.
The operation of the existing private WWTF is subject to a permit issued on a periodic
basis by the Minnesota Pollution Control Agency every 5 -years. The legal description for
the MPCA permit includes the subject site as the property is the location of the private
WWTF and previously included a treatment basin related to the operation of the private
WWTF. No documentation was submitted with the application indicating MPCA
approval to use the existing private WWTF for serving new development within the
subject site. The MPCA permit is an operating license that does not provide the
developer the right to serve additional development superseding the City's authority
regarding land use and utilities as Minnesota Rules 7001.015, Subp. IC incorporated in
the MPCA permit for the existing private WWTF states "this permit does no convey a
property right or an exclusive privilege"
Serving the apartment and mini -storage uses with the private WWTF is in conflict with
the policies of the Comprehensive Plan and City Code requiring mandatory connection
to municipal sanitary sewer available to the property. Furthermore, serving the
apartment use with the private WWTF would require construction of additional
collection systems and increase the number of units served by the private WWTF. The
expansion of the collection system and service of additional units beyond those
currently served by the private WWTF is in conflict with the provisions of Section 20 -15 -
IA of the Zoning Ordinance prohibiting expansion of a legal non -conforming use
beyond the size and in the manner of operation for which it was approved.
Section 6-1-5.D further requires that any user connecting to the municipal water system
must also connect to municipal sanitary sewer, except as may be approved by the City
Council. The City Council allowed the Riverbend Mobile Home Park to connect to
municipal water without requiring connection to municipal sanitary sewer only as an
existing residential use in need of an adequate potable water supply, which was a public
health, safety, and welfare issue; the same circumstance would not apply to new
development of the subject site. Approval of a PUD Development Stage Plan application
for any new use within the subject site will require connection to municipal sanitary
sewer and water utilities, including payment of applicable utility availability and
connection charges.
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The City's WWTF Engineer has reviewed the facility plans for the private WWTF as
outlined in their memorandum dated July 11, 2017 attached hereto. The existing
private WWTF is noncompliant with current fire protection requirements and in need of
substantial rehabilitation to continue operating in service to the Riverbend Mobile
Home Park to protect public health, safety, and welfare much less providing service to
the proposed apartment and mini -storage uses. Notwithstanding the immediate fire
safety and repair needs, the City's WWTF Engineer finds that the facility design for the
private WWTF is not adequate to serve the proposed apartment and mini -storage uses,
also noting that the WWTF evaluation report did not address the future commercial
building. No information was provided as to how the developer would establish and
maintain a private collection system separate from City infrastructure, including water
utilities. Section 20-15-3.0 of the Zoning Ordinance allows normal maintenance of non-
conforming use, including non-structural repairs or alterations that do not physically
extend or intensify the non -conforming use, as noted above, which would be required
to serve and new development and is prohibited.
If the existing private WWTF is to remain in service to the Riverbend Mobile Home Park,
provisions should be incorporated as part of the PUD Development Stage Plan for the
subject site to provide for at least a 75 foot setback, screening, and security provisions
required for WWTFs by Section 20-90-6.N of the Zoning Ordinance to ensure
compatibility with surrounding land uses and protection of public heath, safety, and
welfare. These standards were adopted to implement recommendations of a long
range facility plan for the City's WWTFs following a duly noticed public hearing
conducted by the Planning Commission in accordance with Section 20-3-2.0 of the
Zoning Ordinance and Minnesota Statutes 462.357, Subd. 3. The City may require
compliance with these to development of the subject site under an amendment of the
PUD District that includes continued operation of the private WWTF as being consistent
with the intent of the Zoning Ordinance for such uses as otherwise allowed and
regulated by the Zoning Ordinance to address issues with the operation of the existing
private identified by the City's WWTF Engineer in their technical memorandum attached
as an exhibit to this report. This is particularly necessary as the Developer proposes to
establish an additional 192 dwelling units within close proximity to the existing private
WWTF.
• Grading. No topography information or grading plan has been submitted with the
Concept Plan Exhibit. The Concept Plan Exhibit illustrates generalized stormwater
basins at the northwest and southeast corner of the subject site. The developer will be
required to prepare a grading, drainage, and erosion control plan for review and
approval of the City Engineer as part of a PUD Development Stage Plan application. The
developer must also submit a wetland delineation report for the subject site. All
stormwater basins are required by Section 21-7-15.D of the Subdivision Ordinance to be
located within outlots deeded to the City for perpetual ownership and maintenance.
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• Easements. Section 21-7-15.A. requires establishment of 10 foot wide drainage and
utility easements at the perimeter of all lots. The preliminary and final plat must
provide for dedication of drainage and utility easements at the perimeter of all lots as
required by the Subdivision Ordinance. The City will require that the collection system
for the existing private WWTF be located outside of City drainage and utility easements
or outlots deeded to the City for stormwater management purposes, unless approved
by the City Engineer subject to an encroachment agreement.
Park and Trail Dedication. Subdivision of the property triggers park and trail dedication
requirements as established by Section 21-7-18 of the Subdivision Ordinance. The
Future Parks and Trails Plan adopted as part of the 2012 Comprehensive Plan does not
identify acquisition of park land from within the subject site. The Future Parks and
Trails Plan and Wright County Trail Plan do identify construction of a trail adjacent to
CSAH 42 abutting the subject site. Development of the subject site should include
construction of a trail within the CSAH 42 right-of-way extending from the east TH
101/CSAH interchange ramps to the entrance to the Riverbend Mobile Home Park. The
cost of the trail would be credited to the developer against cash fees in lieu of land
dedication required to satisfy park and trail dedication requirements.
Criteria. Applications to amend a PUD District are processed as Zoning Ordinance amendments
in accordance with the procedures established by Section 20-3-2 of the Zoning Ordinance.
Zoning Ordinance amendments are policy actions for which the City has broad discretion in
deciding. The recommendation of the Planning Commission and decision of the City Council
regarding a Zoning Ordinance amendment is to be based upon, but not limited to, the criteria
established by Section 20-3-2.F of the Zoning Ordinance. City staff has drafted findings of fact
both for approval or denial of the developer's proposed PUD District amendment attached to
this report for consideration by the Planning Commission.
RECOMMENDATION
The expanded residential uses and non-commercial warehouse uses put forward by the
developer as an amendment of the Riverbend North PUD District are inconsistent with the
policies and Future Land Use Plan of the 2012 Comprehensive Plan and the PUD District
proposed and agreed to by the developer and approved by the City Council on 22 September
2014. City staff recommends that the application for the PUD District amendment be denied as
outlined in the draft findings of fact attached as an exhibit to this report. If Planning
Commission votes to recommend that the PUD District amendment be denied, then no action
needs to be taken regarding the proposed concept plan. If the Planning Commission
recommends approval of the PUD District amendment, City staff has outlined recommended
comments related to the proposed Concept Plan Exhibit that may be acted upon.
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POSSIBLE ACTIONS
Decision 1— PUD District Amendment
A. Motion to recommend City Council approval of an amendment to the Riverbend North
PUD District based on the ordinance and findings of fact drafted by City staff as
presented.
B. Motion to recommend the City Council deny the application to amend the Riverbend
North PUD District based on the findings of fact drafted by City staff as presented.
C. Motion to table.
Decision 2 — PUD Concept Plan
A. Motion to recommend City Council support of the proposed concept plan subject to the
following conditions:
Development of the subject site shall require applications including, but not
limited to, the following:
a. PUD Development Stage Plan.
b. Preliminary Plat.
C. Final plat
2. The exterior finish for apartment buildings (principal and accessory structures)
shall comply with Section 20-17-4.C.3 of the Zoning Ordinance.
3. The exterior finish of commercial and warehouse buildings shall comply with
Section 20-17-4.D.1 of the Zoning Ordinance.
4. The apartment building shall be limited to three stories as required by Section
20-68-8.0 of the Zoning Ordinance, unless additional building height is approved
by the City Council as part of a PUD Development Stage Plan.
5. Detached buildings accessory to the apartment use shall be limited to 16 feet in
height as regulated by Section 20-18-2.F.1 of the Zoning Ordinance
6. Commercial and warehouse buildings shall be limited to 35 feet in height as
regulated by Section 20-77-8.A of the Zoning Ordinance.
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7. A landscape plan for the apartment use shall be submitted with application for
PUD Development Stage Plan approval that includes plantings that comply with
Sections 20-19-2 and 20-19-3.B of the Zoning Ordinance.
8. A landscape plan for the commercial and warehouse uses shall be submitted
with application for PUD Development Stage Plan approval that includes
plantings that comply with Section 20-19-2 of the Zoning Ordinance.
9. The PUD Development Stage Plan for development of the apartment uses shall
comply with the requirements of Sections 20-68-6.A.3, 20-68-6.13, 20-68-7, and
20-68-8 of the Zoning Ordinance.
10. The area of the proposed future commercial use as shown on the Concept Plan
Exhibit shall be platted as an outlot separate from the apartment use.
11. A PUD Development Stage Plan for commercial and/or warehouse use shall
comply with the requirements of Section 20-77-7 of the Zoning Ordinance.
12. The setback between buildings for warehouse uses shall be a minimum of 24
feet and subject to review and approval of City staff and the Fire Marshall for
adequate emergency vehicle access.
13. Dedication of right-of-way for CSAH 42 shall be subject to review and approval of
Wright County.
14. Prior to application for a PUD Development Stage Plan, the developer shall enter
into an agreement with the City for Wright County to undertake a traffic study
prepared by an independent consultant of its choosing to evaluate traffic
generation, access to/from the site and Riverbend Mobile Home Park, adequacy
of a private drive for internal access, or other issues as determined by the City or
County, with all costs incurred to be paid by the developer.
15. Access to CSAH 42 shall be subject to review of the City Engineer and approval of
Wright County.
16. A PUD Development Stage Plan shall provide for a public street or private drive
overlaid by ingress/egress easements to the public between CSAH 42 from the
north line of Riverbend Mobile Home Park, subject to review and approval of the
City Engineer.
17. Off-street parking stalls shall be provided for each use in accordance with
Section 20-21-9 of the Zoning Ordinance, except as may be allowed by Sections
20-21-10 and 20-21-11 of the Zoning Ordinance with approval of a PUD
Development Stage Plan.
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18. All off-street parking stalls and drive aisles shall comply with the construction
and design requirements of Section 20-21-4.1-1 of the Zoning Ordinance.
19. All fencing shall be installed in accordance with Section 20-19-4 of the Zoning
Ordinance.
20. All exterior lighting shall comply with Section 20-16-6 of the Zoning Ordinance.
21. The PUD Development Stage Plan shall address trash/recycling containers in
compliance with Section 20-18-4 of the Zoning Ordinance.
22. All signs shall comply with Section 37 of the Zoning Ordinance.
23. Any new development within the subject site shall connect to municipal sanitary
sewer and water utilities as required by Section 6-1-3 of the City Code, except as
may be approved by approval of a PUD Development Stage Plan; all utility issues
related to continued operation of the private WWTF or connection to municipal
utilities are subject to review and approval of the City Engineer or other
consulting Engineer retained by the City.
24. All grading, drainage, erosion control, and wetland issues are subject to review
and approval of the City Engineer.
25. All stormwater basins shall be platted within outlots and deeded to the City for
stormwater management purposes as required by Section 21-7-15.D of the
Subdivision Ordinance.
26. All lots preliminary and final platted shall provide drainage and utility easements
as required by Section 20-7-15.A of the Subdivision Ordinance; all drainage and
utility easements shall be subject to review and approval of the City Engineer.
27. Application for a PUD Development Stage Plan shall address the requirements of
Section 20-90-6.N of the Zoning Ordinance applicable to the private WWTF.
28. Subdivision of the subject site shall be subject to park and trail dedication
requirements as established by Section 21-7-18 of the Subdivision Ordinance.
B. Motion to not support the request based on a finding that the application is not
consistent with policies of the Comprehensive Plan or the provisions and intent of the
2014 PUD District, Zoning Ordinance, Subdivision Ordinance, and City Code.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
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Ron Wagner, City Engineer
Casey Darkenwald, Darkenwald Corporation
Anne Hurlburt, Landform
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Riverbend North PUD - Subject Site
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
❑ c
❑ t
Parcels