ITEM 4.1 Lenz PUD-CUP. IV
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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
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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