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ITEM 4.1 Lenz PUD-CUP. IV OtsTY.F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 13 November 2017 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator Flaherty 4.1— Lenz PUD -CUP AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a planned -unit development conditional use permit amendment for Lot 2, Block 5 Davis Mississippi Cove allowing construction of a 2,400 square foot detached accessory building. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 5 September 2017 BACKGROUND/JUSTIFICATION: Mr. John Lenz owns the lot and single family dwelling at 9568 Nantucket Avenue, which is within the Davis Mississippi Coves subdivision. Mr. Lenz also owns nine outlots within Davis Mississippi Coves and an abutting 5.58 acre parcel to the east that is not included within the Davis Mississippi Coves plat. Mr. Lenz is proposing to construct a new 2,400 square foot detached accessory building upon the lot, to the south of the existing single family home. There are two existing detached accessory buildings upon the lot with a total combined area of 7,600 square feet. The subject site is 4.56 acres in area and is zoned R -C, Residential Rural Cluster District. The construction of an additional detached accessory building would exceed the both the number and area allowances of the Zoning Ordinance. Mr. Lenz is requesting approval of the proposed detached accessory building as a Planned Unit Development -Conditional Use Permit (PUD -CUP). A public hearing to consider the application was opened at the Planning Commission meeting on Tuesday, 5 September 2017 at 7:OOPM. The Planning Commission tabled discussion of the application requesting City staff provide alternatives for allowing the proposed detached accessory building. The Planning Commission continued the public hearing to consider the application on 6 November 2017. Mr. Corey Lenz was present and addressed the Planning Commission. There were no comments from the public. The Planning Commission supported the revised proposal for allowing the detached accessory building, which would include dedication of conservation easements on the existing parcel that surrounds Otsego Creek. City staff indicated that the dedication of the conservation easement and access to Otsego Creek for stormwater maintenance is a benefit to the public. The public hearing was closed and the Planning Commission voted 6-0 to recommend City Council approval of the conditional use permit. SUPPORTING DOCUMENTS ATTACHED: • Planning Report addendum dated 15 September 2017 • Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a PUD -CUP amendment for Lot 2, Block 5 Davis Mississippi Cove subject to the conditions as outlined in the Findings of Fact and Decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: NA I NA TPC The Planning Company PLANNING REPORT -addendum TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 15 September 2017 (updated 7 November 2017) ACTION DATE: 5 December 2017 RE: Otsego — Davis Mississippi Coves; Lenz PUD -CUP TPC FILE: 101.01 BACKGROUND Mr. John Lenz owns the lot and single family dwelling at 9568 Nantucket Avenue, which is within the Davis Mississippi Coves subdivision. Mr. Lenz also owns nine outlots within Davis Mississippi Coves and an abutting 5.58 acre parcel to the east that is not included within the Davis Mississippi Coves plat. Mr. Lenz is proposing to construct a new 2,400 square foot detached accessory building upon the lot, to the south of the existing single family home. There are two existing detached accessory buildings upon the lot with a total combined area of 7,600 square feet. The subject site is 4.56 acres in area and is zoned R -C, Residential Rural Cluster District. The construction of an additional detached accessory building would exceed the both the number and area allowances of the Zoning Ordinance. Mr. Lenz is requesting approval of the proposed detached accessory building as a Planned Unit Development -Conditional Use Permit (PUD - CUP). A public hearing to consider the application was opened at the Planning Commission meeting on Tuesday, 5 September 2017 at 7:0013M. The Planning Commission tabled discussion of the application requesting City staff provide alternatives for allowing the proposed detached accessory building. Exhibits: • Site Location Map (2 sheets) ANALYSIS Subject Site. The applicant's property is developed with a single family home and two detached accessory buildings. The house was constructed on the subject site after the subdivision of Davis Mississippi Coves, whereas the two detached accessory buildings were originally related to the single family home on the lot west of the subject site (formerly owned by the applicant). The approval of Davis Mississippi Coves included a PUD -CUP allowing for the subject site and the lot to the west to exceed the maximum 2.5 acre area for lots within the R- C, Rural Residential Cluster District and to be platted as flag lots due to the shape of the original parent parcel (also owned by the applicant) and location of the existing house and two detached accessory buildings. The applicant's total land holdings are as follows: Parcel Area Zoning Use 118-242-005020 4.56ac. R -C Single family lot 118-010-085150 5.58ac. A-1 Undeveloped lot 118-242-000020 2.29ac. R -C Outlot; permanent open space 118-242-000030 3.05ac. R -C Outlot; future single family lots (3) 118-242-000040 6.46ac. R -C Outlot; permanent open space 118-242-000050 3.97ac. R -C Outlot; future single family lots (4) 118-242-000060 3.20ac. R -C Outlot; future single family lots (3) 118-242-000070 2.10ac. R -C Outlot; permanent open space 118-242-000080 2.56ac. R -C Outlot; permanent open space 118-242-000090 2.69ac. R -C Outlot; permanent open space 118-242-000100 2.01ac. R -C Outlot; future single family lots (2) Allowed Accessory Buildings. Under Section 20-18-2.13 of the Zoning Ordinance, the following detached accessory buildings are allowed for the applicant's lot upon which his current single family house is built and the abutting A-1 District parcel to the east: Single Family Lot: Two detached accessory buildings with no building larger than 1,500 square feet and a total combined area not to exceed 2,000 square feet. ■ A-1 District Parcel: Two detached accessory buildings with a total combined area not to exceed 3,500 square feet. ■ Combined Parcel. The applicant has indicated that he would like to combine the single family lot, the A-1 District parcel as well as one of the existing outlots with a total area of 12.7 acres: o If the combined parcel is zoned R -C District, two detached accessory buildings with no building larger than 1,500 square feet and a total combined area not to exceed 2,000 square feet is allowed. N o Under A-1 District zoning, two detached accessory buildings with a total combined area not to exceed 6,000 square feet is allowed. The applicant is proposing to have three detached accessory buildings with a total area of 10,000 square feet. The proposed detached accessory building is to be 2,400 square feet and the two existing detached accessory buildings on the single family lot have a total combined area of 7,600 square feet. These two existing detached accessory buildings were constructed prior to rezoning of the subject site to R -C District and platting of Davis Mississippi Coves. The two existing detached accessory buildings exceed the allowed area for detached accessory buildings under the R -C District and would be non -conforming uses. The applicant request for a PUD -CUP is essentially to make the two existing detached accessory buildings conforming structures and to allow the 3,500 square foot structure permitted on the A-1 District parcel to be built on the subject site as construction of the proposed detached accessory building would not otherwise be allowed by the Zoning Ordinance, primarily because of the two existing detached accessory buildings. Criteria. The Planning Commission's consideration of the request is to be based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is designated for rural residential land uses within the Rural Residential Preserve Area designated by the 2012 Comprehensive Plan. The Rural Residential Preserve policies of the Comprehensive Plan is implemented by the R -C, Residential Rural Cluster Preservation District of the Zoning Ordinance. The purpose of the R -C District is preservation of contiguous common open spaces for scenic enjoyment, recreational use, and rural identity, which includes specific standards for detached accessory buildings limiting their area and requiring they be located adjacent to the principal uses to preserve visual open spaces in comparison to the standards for detached accessory buildings within agricultural zoning districts. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is included within the Davis Mississippi Coves rural cluster subdivision approved with a lot configuration and area not typical of lots within the R -C District. West of the subject site is lot similar in configuration and area as the subject site, to the east is an undevevloped parcel encumbered by Otsego Creek, and to the south is a permanent open space outlot that separates the subject site from existing rural residential uses to the south. The request related to allowance of detached accessory buildings for the subject site will not cause compatibility issues with surrounding properties based upon the unique location and configuration of the subject site. 3 The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The applicant's request is essentially to cluster the allowed detached accessory building area within their single family lot. Section 20-61-1.E of the Zoning Ordinance states that creative application of performance standards applicable to development within the R -C District is to be encouraged, while preserving its purpose and intent. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The request will not result in additional traffic generation greater than anticipated for a single family lot. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The request will not affect the City's service capacities. RECOMMENDATION Our office recommends approval of the requested PUD -CUP as outlined below based on the character of the subject site and allowing for creative implementation of performance standards for unique development proposals within R -C District neighborhoods. POSSIBLE ACTIONS A. Motion to recommend approval of a PUD -CUP for Lot 2, Block 5 Davis Mississippi Cove subject to the following conditions: 1. Lot 2, Block 5, Davis Mississippi Cove shall be limited to the two existing detached accessory buildings and construction of one additional detached accessory building; the total area of all detached accessory buildings shall not exceed 10,000 square feet. 2. PID 118-010-085150 and Outlot H, Davis Mississippi Coves shall be combined with Lot 2, Block 5 Davis Mississippi Coves by final plat. Drainage and utility and conservation easements shall be dedicated to the City and recorded over the boundaries of PID 118-010-085150. 0 4. One development right shall be transferred from 118-010-085150 to Outlot I, Davis Mississippi Coves in accordance with Section 20-65-6.1-1 of the Zoning Ordinance. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer John Lenz �_ •p uai � � s z o off' Iboom J P OtCI�egoF MINNESOTA V APPLICANT: John F. Lenz Revocable Trust 7Nov 17 FINDINGS & DECISION PUD -CUP AMENDMENT APPROVAL APPLICATION: Request for a planned -unit development conditional use permit amendment for Lot 2, Block 5 Davis Mississippi Cove allowing construction of a 2,400 square foot detached accessory building. CITY COUNCIL MEETING: 13 November 2017 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is Lot 2, Block 5 Davis Mississippi Cove, City of Otsego, Wright County, State of Minnesota. B. The property lies within the Rural Residential Preserve Area and is guided for rural residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R -C, Residential Rural Open Space Cluster District and governed by a PUD -CUP approved by the City Council on 27 April 2006. D. The applicant is requesting amendment of the PUD District to allow construction of a 2,400 square foot detached accessory building on the property. E. 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 20-4-25 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The subject site is designated for rural residential land uses within the Rural Residential Preserve Area designated by the 2012 Comprehensive Plan. The Rural Residential Preserve policies of the Comprehensive Plan is implemented by the R -C, Residential Rural Cluster Preservation District of the Zoning Ordinance. The purpose of the R -C District is preservation of contiguous common open spaces for scenic enjoyment, recreational use, and rural identity, which includes specific standards for detached accessory buildings limiting their area and requiring they be located adjacent to the principal uses to preserve visual open spaces in comparison to the standards for detached accessory buildings within agricultural zoning districts. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is included within the Davis Mississippi Coves rural cluster subdivision approved with a lot configuration and area not typical of lots within the R- C District. West of the subject site is lot similar in configuration and area as the subject site, to the east is an undevevloped parcel encumbered by Otsego Creek, and to the south is a permanent open space outlot that separates the subject site from existing rural residential uses to the south. The request related to allowance of detached accessory buildings for the subject site will not cause compatibility issues with surrounding properties based upon the unique location and configuration of the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The applicant's request is essentially to cluster the allowed detached accessory building area within their single family lot. Section 20-61-1.E of the Zoning Ordinance states that creative application of performance standards applicable to development within the R -C District is to be encouraged, while preserving its purpose and intent. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The request will not result in additional traffic generation greater than anticipated for a single family lot. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The request will not affect the City's service capacities but includes dedication of additional easements over Otsego Creek that will improve the City's ability to maintain the tributary for stormwater management purposes. F. The planning report dated 1 September 2017 and addendum report dated 15 September 2017 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission opened a public hearing at their regular meeting on 5 September 2017 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the Otsego Planning Commission continued the public hearing to considered additional information; the Planning Commission again considered the application at their meeting on 6 November 2017; the public hearing was closed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. Lot 2, Block 5, Davis Mississippi Cove shall be limited to the two existing detached accessory buildings and construction of one additional detached accessory building; the total area of all detached accessory buildings shall not exceed 10,000 square feet. 2. PID 118-010-085150 and Outlot H, Davis Mississippi Coves shall be combined with Lot 2, Block 5 Davis Mississippi Coves by final plat. 3. Drainage and utility and conservation easements shall be dedicated to the City and recorded over the boundaries of PID 118-010-085150. 2 4. One development right shall be transferred from 118-010-085150 to Outlot I, Davis Mississippi Coves in accordance with Section 20-65-6.H of the Zoning Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of November, 2017. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk