ITEM 3.1_attach 7j
OtSegCIT
F O
MINNESOTA V
APPLICANT: Darkenwald Corporation
11 July 17
FINDINGS & DECISION
ZONING MAP AMENDMENT
DENIAL
APPLICATION: Request for a Zoning Map amendment amending the PUD, Planned Unit
Development District for Riverbend North.
CITY COUNCIL MEETING: 14 August 2017
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A.
B.
C.
D.
E.
The legal description of the property is attached as Exhibit A.
The property lies within the East Sewer District and is guided for commercial land uses by
the 2012 Otsego Comprehensive Plan, as amended.
The property is zoned PUD, Planned Unit Development District in accordance with
Ordinance 2014-11 approved by the City Council on 22 September 2014.
The applicant is requesting amendment of the PUD District to allow development of
Riverbend North as described by the Developer's Project Narrative dated May 23, 2017.
The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment 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
Otsego Comprehensive Plan.
Finding: The proposed PUD District amendment to allow for expansion of multiple
family uses and development of non-commercial warehouse uses as shown on the
Concept Plan Exhibit is inconsistent with the City's long term vision of the community
as established by the 2012 Comprehensive Plan, which designates the subject site
for commercial uses, and the following policies:
• 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)
Moreover, the proposed PUD District amendment is not consistent with the findings of
the City Council adopted on 22 September 2014 in approving the PUD District as
proposed and agreed to by the developer that the PUD Master Plan 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.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed PUD District amendment will almost completely eliminate
development of commercial land uses from the subject site and allow for warehouse
uses, which the City only allows as a principal use within the B -W, Business
Warehouse and Industrial Districts established by the Zoning Ordinance. Introduction
of a warehousing as a principal use is not compatible with the remaining future
commercial use identified on the Concept Plan Exhibit from a business interchange or
accumulative market attraction standpoint, nor complementary to surrounding existing
and planned residential uses.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed PUD District amendment does not comply with Section 20-26-
1.G of the Zoning Ordinance, which states that the purpose of a PUD District is to
encourage "a development pattern in harmony with the objectives of the
Comprehensive Plan". The requested PUD District amendment is a means to vary
applicable planning and zoning principals to almost completely eliminate commercial
development within the subject site and make allowance for warehouse uses not
consistent with the policies and Future Land Use Plan of the 2012 Comprehensive
Plan.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The subject site is accessed via CSAH 42, which is designated as a minor
arterial roadway by the Transportation Plan and Northeast Wright County Sub Area
Transportation Study. A traffic study prepared by a third party consultant will be
required prior to approval of a PUD Development Stage Plan. The traffic study will
evaluate traffic generation and access locations for the proposed Concept Plan
Exhibit so as not to negatively affect the capacity of CSAH 42.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The subject site is within the East Sewer District where the City anticipates
development of urban land uses. The City has existing public services and facilities
needed to serve development of the subject site. Information provided as part of the
current application is insufficient to determine if adequate services are proposed to
serve the development proposed by the Concept Plan Exhibit.
2
F. The planning report dated 14 July 2017 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission held a public hearing at their regular meeting on 17 July
2017 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a vote that the City Council the
request based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
DENIED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 14th day of August, 2017.
Tami Loff, City Clerk
3
CITY OF OTSEGO
Bv:
Jessica L. Stockamp, Mayor