ITEM 3.2TPC
The Planning Company
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
PLANNING REPORT - addendum
TO:
FROM:
REPORT DATE:
ACTION DATE:
RE:
TPC FILE:
BACKGROUND
Otsego Planning Commission
D. Daniel Licht, AICP
31 January 2019
5 March 2019
Otsego — Zoning Ordinance; Storm Shelter
101.01
ITEM 3.2
Capstone Homes, Inc. (d/b/a Capstone Harvest Run, LLC) has received preliminary plat and
PUD -CUP approval for Harvest Run. Harvest Run is located east of Queens Avenue at 61s' Street
(adjacent to Watertower #3). The development incudes single family dwellings to be
constructed as slab -on -grade foundations without basements. Section 11-17-12 of the Zoning
Ordinance requires that any slab -on -grade dwelling constructed within a preliminary plat
approved after 26 September 2016 include a storm shelter.
The developer in their due diligence for the project did not identify the storm shelter
requirement within the Zoning Ordinance (including not being advised of the requirement by
City staff prior to application for a building permit). The developer is seeking an exception from
the storm shelter requirement for Harvest Run. The developer submitted an application
requesting that the Zoning Ordinance be amended to provide that the storm shelter be
required to be offered to buyers as an option or repeal the requirement.
The Planning Commissioned opened a public hearing on 3 December 2018, which was
continued to 17 December 2018. Mr. Steven Bona of Capstone Homes, LLC was present as the
applicant and made a presentation to the Planning Commission. There were no comments
from the public. The Planning Commission engaged in a discussion with Mr. Bona regarding the
storm shelter requirement and the modifications being proposed. The public hearing was
closed and the Planning Commission voted 6-0 to recommend the Zoning Ordinance
amendment application be denied based on findings of fact drafted by City staff.
City staff had subsequent conversations with the developer regarding the storm shelter
requirement and potential options prior to the City Council considering the request and the
Planning Commission recommendation. Following a meeting with City staff on 9 January 2019,
the developer submitted a letter requesting the City Council consider modifying the storm
shelter requirement to be constructed or installed within an expanded attached garage rather
than the interior of the dwelling unit. The Planning Commission has not had an opportunity to
consider modifying the storm shelter requirement to allow installation within an expanded
garage, which would constitute a new request.
At the City Council meeting on 4 January 2019, Mr. Bona provided an updated presentation to
the City Council outlining their request. The City Council, in their comments to the developer,
indicated that they did not support repeal of the requirement or modifying the requirement to
provide buyers the option of having a storm shelter. The developer requested the City Council
table their application and have the Planning Commission consider the garage installation
option at a second public hearing. The City Council tabled the application and directed the
Planning Commission consider developer's new proposal.
City staff noticed a second public hearing for the Planning Commission meeting on 4 February
2019. City staff also provided information regarding the application and the public hearing
notice for 4 February 2019 to D.R. Horton, Lennar Corporation, Benzinger Homes, M/I Homes,
and Homes Plus, who are all currently building residential dwellings within the City.
Exhibits:
■ Developer's narrative
■ Email from Jeff Benzinger dated January 9, 2019
■ Housing First Minnesota letter dated January 30, 2019
■ Prefabricated storm shelter plan (Capstone Homes)
■ Capstone example floor plans
■ Draft ordinance amendment
■ Draft findings for approval
■ Draft findings for denial
ANALYSIS
Requirement. Section 11-17-12 of the Zoning Ordinance requires that all residential dwellings
that are constructed as slab -on -grade structures to provide a storm shelter as outlined below:
11-17-12: STORM SHELTERS:
A. For any dwelling or dwelling unit that is constructed slab on grade within a
preliminary plat approved after September 26, 2016, provisions shall provide
for storm protection internally to the dwelling or dwelling unit.
8. Storm shelters internal to the dwelling or dwelling unit shall be provided in a
bathroom or laundry room so as to ensure accessibility and that the storm
shelter is not obstructed by storage.
2
C. Compliance with this requirement shall be based upon Federal Emergency
Management Agency (FEMA) P-320 guidelines and standards; except, that
the shelter door shall be solid core construction (not limited to metal) and only
one deadbolt lock shall be required.
The developer's current proposal to allow for placement of the required storm shelter within an
attached garage requires amendment of Section 11-17-12.13 of the Zoning Ordinance. This
provision requires that an internal room such as a bathroom or laundry room be constructed as
the required storm shelter. This provision is intended to ensure that the storm shelter does not
become obstructed by storage and not accessible to residents in event of a severe storm
necessitating shelter.
The developer has submitted example floor plans from the portfolio of homes being offered for
construction within Harvest Run illustrating how installation of the storm shelter would be
implemented within the attached garage. The proposed storm shelter would be a
prefabricated 4 -foot, 4 -inch diameter metal cylinder that complies with FEMA P-320 standards.
The house plans would be modified to accommodate the storm shelter by increasing the depth
of the garage:
Model
Attached Garage
Without
With
Notes
Shelter
Shelter
Depth'
Area
Depth 112
Area
Maple
21.0ft.
396sf.
25.0ft./
450sf.
20.5ft.
Hemlock
24.0ft.
432sf.
25.0ft./
450sf.
20.5ft.
Norway
No
477sf.
No
477sf.
This model has a 9ft. x 10ft.
Change
Change
area in addition to the 21.5ft.
deep vehicle parking area of the
garage.
1. Measured from the garage door to the storm shelter.
2. Measured from the garage door to the rear wall of the garage.
3. Gross area of the garage including the storm shelter.
The proposed modification of the building plans provides for a two car garage that can
accommodate two vehicles, one of which is limited to a maximum of 20 feet in length and the
other limited to 25 feet in length. In the case of the Maple and Hemlock models, the overall
area of the garage is increased by approximately 14 percent and 4 percent, respectively. The
location of the storm shelter also dictates that the Norway model is constructed with the 477
square foot attached garage, whereas other variations of this model do not include the
additional 90 square feet beyond the vehicle stalls. The lengths of several common vehicles
are shown in the table below to illustrate the secondary benefit of the deeper garage
dimensions proposed by the developer:
Vehicle
Length
Honda CRV
Compact CUV
15.1ft.
Honda Civic
Compact Sedan
15.2ft.
Jeep Grand Cherokee
Midsize SUV (2 row)
15.9ft.
Toyota Camry
Midsize Sedan
16.1ft.
Dodge Durango
Midsize SUV (3 row)
16.8ft.
Honda Odyssey
Minivan
16.9ft.
Chevrolet Suburban
Large SUV
18.7ft.
Ford F-150
Regular Cab
17.4ft.—19.0ft.
Ford F-150 SuperCrew
4 -Door Cab
19.3ft. — 20.2ft.
Ford F-150 SuperCab
Extended Cab
19.3ft. — 20.9ft.
Criteria. Applications to amend the Zoning Ordinance are to be considered subject to the
criteria established by Section 11-3-2.F of the Zoning Ordinance. The Planning Commission and
City Council are to consider possible adverse effects of the proposed amendment with their
judgment based upon (but not limited to) the following factors:
1. The proposed action's consistency with the specific policies and provisions of the City
Comprehensive Plan.
Comment: The following policies guide the Planning Commission and City Council in the
formulation and implementation of requirements for residential development set forth
by the Zoning Ordinance:
■ 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)
■ Adhere to the highest community design, planning and construction
standards for all new residential development. (2012 Otsego
Comprehensive Plan, page 23)
■ Establish specific Zoning and Subdivision Ordinance standards for
development of twin homes, townhouses and multiple family uses to
ensure quality and innovation in construction and site design, as well as
consistent application of development requirements. (2012 Otsego
Comprehensive Plan, page 24)
The City determined that provision of a storm shelter is a minimum requirement for all
slab -on -grade dwellings to protect public health safety and welfare in Otsego. There are
several options available to provide for a storm shelter within slab -on -grade dwellings in
lieu of constructing a basement. The market considerations offered by the developer
M.
must be weighed against the long-term public health safety and welfare benefit of the
storm shelter requirement implemented by the City.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The proposed amendment will not affect land use compatibility.
3. The proposed use's conformity with all performance standards contained within this
title and other provisions of this Code.
Comment: The proposed amendment will apply to all slab -on -grade dwellings in
accordance with the policy of the Comprehensive Plan that development regulations be
applied consistently and uniformly.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The proposed amendment will not affect traffic generation for residential
dwellings.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: Provision of a storm shelter serves to reduce risk of injury or death of
residents during severe weather events in consideration of the vulnerability of slab -on -
grade dwellings. The additional protection for these residents offered by a storm shelter
can reduce the potential demand for emergency response services during a severe storm
event when such services are most burdened.
RECOMMENDATION
The Planning Commission developed the requirement for provision of a storm shelter within all
slab -on -grade dwellings, which is justified to protect public health safety and welfare. The City
Council concurred with the recommendation of the Planning Commission and adopted the
requirement. The proposed amendment to allow for installation of a storm shelter within an
attached garage maintains the intent of the existing provision to provide for resident safety as
part of these types of dwelling unit. Findings of fact for approval or denial of the application
have been prepared by our office for consideration by the Planning Commission.
POSSIBLE ACTIONS
A. Motion to recommend approval of an ordinance repealing Section 11-17-12 of the
Zoning Ordinance based on the findings of fact as presented.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the policies of the Comprehensive Plan and intent of the Zoning
Ordinance as set forth in the findings of fact as presented.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Barb Williams, Building Technician
Lynn Paulson, Building Inspector
Jason Coombe, Building Inspector
Stephen Bona, Capstone Homes
Heather Lorch, Capstone Homes
on
DDL@PlanningCo.com
From: DDL@PlanningCo.com
Sent: Wednesday, January 9, 2019 7:05 PM
To: 'Jeff Benzinger'
Cc: Adam Flaherty; 'MacArthur Andy'
Subject: RE: Storm Rooms
Thanks, Jeff.
DDL
From: Jeff Benzinger <investplusmn@gmail.com>
Sent: Wednesday, January 9, 2019 6:21 PM
To: D. DANIEL LICHT <ddl@planningco.com>
Subject: Storm Rooms
Hi Dan;
I support that the storm shelter requirement is great for public safety, But the additional cost may be an investment that
some buyers are not willing to make. The Crimson Ponds West development has been selling less Villas than other local
communities that I have. I believe that the extra price has been the difference.
If we offered a storm shelter as an option to the buyers,
Letting the buyers decide if an storm shelter is a investment that is right for them.
We could better compete with the other developments in adjoining cities.
Thanks
Jeff Benzinger
Jeff Benzinger
Benzinger Properties, Inc.
www.benzingerproperties.com
Benzinger Homes
www.benzingerhomes.com
Roof Doctor, Inc.
www.roofdoctormn.com
Auto Body Plus
www.autobodvplus.net
612-750-2466
763-428-3039 Fax
email: investplusmn@gmail.com
HOUSING a FIRST
MiNNEsorn
To: Adam Flaherty, City Administrator/Finance Director
From: Nicholas Erickson, Regulatory Affairs Manager, Housing First Minnesota
Date: January 30th, 2019
Subject: Otsego Slab -On -Grade Storm Shelter Requirement
This memo is written on behalf of Housing First Minnesota, the state's leading voice for the housing
industry, to provide comment on the amendment proposed by Capstone Homes to the Zoning
Ordinance to modify the requirement that all slab -on -grade homes constructed within in preliminary
plats established after September, 26th 2016 have a FEMA -spec storm shelter. By way of background,
Housing First Minnesota (formerly the Builders Association of the Twin Cities) is a trade group
comprised of more than 1,200 companies throughout the state engaged in the development, building,
remodeling, and supply of materials and services for the housing industry. Housing First Minnesota and
our member firms are dedicated to building safe, durable homes at prices families can afford.
Housing First Minnesota supports the proposed amendment to make storm shelters for slab on grade
homes optional instead of mandated. Our estimates conclude that putting a storm shelter in a home
would add an additional $10,000—$12,000 to the price of every new home, a price tag that would be
passed down directly to home buyers in Otsego.
The Twin Cities housing market is in the midst of a housing affordability crisis. Housing First Minnesota is
leading the discussion among influencers and elected officials to address this issue, which is primarily
driven by the exorbitant regulatory costs placed on new home owners. Central to this work is the
balance of safety and durability, with homeowner affordability. The proposed amendment strikes this
appropriate balance by offering storm shelters as an option.
Proceeding with a storm shelter mandate on newly built homes is a step in the wrong direction. We
request that the city pause this discussion and convene a group of stakeholders to find the better
balance of safety, durability and affordability. Housing First Minnesota stands ready to participate in this
process; please contact Nick Erickson (Nick@ housingfirstmn.org) 651-697-7586.
2960 CENTRE POINTE DRIVE, ROSEVILLE, MN, SS113 I HOUSINGFIRSTMN.ORG
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ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE REQUIREMENT
FOR STORM SHELTERS WITHIN RESIDENTIAL DWELLINGS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-17-12 of the City Code (General Yard, Lot Area, and
Building Regulations — Storm Shelters) is hereby amended to read as follows:
11-17-12: STORM SHELTERS:
A. For any dwelling or dwelling unit that is constructed slab on grade within a preliminary
plat approved after September 26, 2016, provisions shall provide for storm protection
internally to the dwelling or dwelling unit.
B. Storm shelters internal to the dwelling or dwelling unit, other than within an attached
a rade shall be provided in a bathroom or laundry room so as to ensure accessibility
and that the storm shelter is not obstructed by storage.
C. Storm shelters internal to the attached garage shall be allowed provided that the death
of the garage is increased to maintain the following dimensions for vehicle parking:
1. A minimum depth of twenty (20) feet from the storm shelter to the garage door
when the storm shelter is located at the front of the vehicle stalls.
2. A minimum width of twenty (20) feet from the storm shelter to the opposite side
wall when the storm shelter is located to the side of the vehicle stalls.
SD. Compliance with this requirement shall be based upon Federal Emergency
Management Agency (FEMA) P-320 guidelines and standards; except, that the shelter
door shall be solid core construction (not limited to metal) and only one deadbolt lock
shall be required.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 11th day of February,
2019.
ATTEST:
Tami Loff, City Clerk
I
CITY OF OTSEGO
m.
Jessica L. Stockamp, Mayor
CI
0tSTe F O
MINNESOTA V
APPLICANT: Capstone Harvest Run, LLC
31 Jan 19
FINDINGS & DECISION
AMENDMENT(APPROVAL )
APPLICATION: Request for a Zoning Ordinance amendment to modify or repeal Section 11-17-12
of the Zoning Ordinance.
CITY COUNCIL MEETING: 11 February 2019
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. Section 11-17-12 of the Zoning Ordinance requires a storm shelter be provided within all
slab -on -grade residential dwellings constructed on lots preliminary platted after 26
September 2016.
B. The applicant is requesting amendment of the Zoning Ordinance to modify the Zoning
Ordinance to make optional the provision of a storm shelter within slab -on -grade residential
dwellings or repeal the requirement in its entirety.
C. 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
20-3-2.17 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the City
Comprehensive Plan.
Finding: The following policies guide the Planning Commission and City Council in the
formulation and implementation of requirements for residential development set forth
by the Zoning Ordinance:
■ 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)
■ Adhere to the highest community design, planning and construction
standards for all new residential development. (2012 Otsego
Comprehensive Plan, page 23)
■ Establish specific Zoning and Subdivision Ordinance standards for
development of twin homes, townhouses and multiple family uses to
ensure quality and innovation in construction and site design, as well as
consistent application of development requirements. (2012 Otsego
Comprehensive Plan, page 24)
The City determined that provision of a storm shelter is a minimum requirement for all
slab -on -grade dwellings to protect public health safety and welfare in Otsego. There
are several options available to provide for a storm shelter within slab -on -grade
dwellings in lieu of constructing a basement. The market considerations offered by
the developer must be weighed against the long-term public health safety and welfare
benefit of the storm shelter requirement implemented by the City. The proposed
amendment allowing installation of the storm shelter within an attached garage
maintains consistency with the intent of the Zoning Ordinance.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed amendment will not affect land use compatibility.
3. The proposed use's conformity with all performance standards contained within this
title and other provisions of this Code.
Finding: The proposed amendment will apply to all slab -on -grade dwellings in
accordance with the policy of the Comprehensive Plan that development regulations
be applied consistently and uniformly.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed amendment will not affect traffic generation for residential
dwellings.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Finding: Provision of a storm shelter serves to reduce risk of injury or death of residents
during severe weather events in consideration of the vulnerability of slab -on -grade
dwellings. The additional protection for these residents offered by a storm shelter can
reduce the potential demand for emergency response services during a severe storm
event when such services are most burdened.
D. The planning reports dated 29 November 2018 and 31 January 2019 prepared by the City
Planner, The Planning Company LLC, is incorporated herein.
E. The Otsego Planning Commission opened a public hearing at their regular meeting on 3
December 2018 to consider the application, preceded by published and mailed notice; based
upon review of the application and evidence received, the public hearing was closed and the
Planning Commission recommended by a 6-0 vote that the City Council deny the request
based on the aforementioned findings.
F. The City Council considered the application and the recommendation of the Planning
Commission at their meeting on 4 January 2019; following discussion the application was
tabled and the Planning Commission directed to consider alternative proposals to modify the
Zoning Ordinance requirement by a 4-0 vote at the applicant's request.
G. The Otsego Planning Commission opened a public hearing at their regular meeting on 4
February 2019 to consider the application, preceded by published and mailed notice; based
upon review of the application and evidence received, the public hearing was closed and the
Planning Commission recommended by a vote that the City Council the request
based on the aforementioned findings.
2
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, in the form of the draft ordinance presented by City staff.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019.
Tami Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
P
O tSTe F O
MINNESOTA
APPLICANT: Capstone Harvest Run, LLC
31 Jan 19
FINDINGS & DECISION
AMENDMENT(DENIAL)
APPLICATION: Request for a Zoning Ordinance amendment to modify or repeal Section 11-17-12
of the Zoning Ordinance.
CITY COUNCIL MEETING: 11 February 2019
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. Section 11-17-12 of the Zoning Ordinance requires a storm shelter be provided within all
slab -on -grade residential dwellings constructed on lots preliminary platted after 26
September 2016.
B. The applicant is requesting amendment of the Zoning Ordinance to modify the Zoning
Ordinance to make optional the provision of a storm shelter within slab -on -grade residential
dwellings or repeal the requirement in its entirety.
C. 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
20-3-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the City
Comprehensive Plan.
Finding: The following policies guide the Planning Commission and City Council in the
formulation and implementation of requirements for residential development set forth
by the Zoning Ordinance:
■ 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)
Adhere to the highest community design, planning and construction
standards for all new residential development. (2012 Otsego
Comprehensive Plan, page 23)
■ Establish specific Zoning and Subdivision Ordinance standards for
development of twin homes, townhouses and multiple family uses to
ensure quality and innovation in construction and site design, as well as
consistent application of development requirements. (2012 Otsego
Comprehensive Plan, page 24)
The City determined that provision of a storm shelter is a minimum requirement for all
slab -on -grade dwellings to protect public health safety and welfare in Otsego. There
are several options available to provide for a storm shelter within slab -on -grade
dwellings in lieu of constructing a basement. The market considerations offered by the
developer must be weighed against the long-term public health safety and welfare
benefit of the storm shelter requirement implemented by the City. The developer's
request is not consistent with the policies of the Comprehensive Plan and the purpose
of the storm shelter requirement to protect public health safety and welfare set forth by
Section 11-1-2 of the Zoning Ordinance.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed amendment will not affect land use compatibility.
3. The proposed use's conformity with all performance standards contained within this
title and other provisions of this Code.
Finding: The proposed amendment will apply to all slab -on -grade dwellings in
accordance with the policy of the Comprehensive Plan that development regulations
be applied consistently and uniformly.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed amendment will not affect traffic generation for residential
dwellings.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Finding: Provision of a storm shelter serves to reduce risk of injury or death of residents
during severe weather events in consideration of the vulnerability of slab -on -grade
dwellings. The additional protection for these residents offered by a storm shelter can
reduce the potential demand for emergency response services during a severe storm
event when such services are most burdened. The requested amendment may,
therefore, negatively affect City service capacities.
D. The planning report dated 29 November 2018 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
E. The Otsego Planning Commission opened a public hearing at their regular meeting on 3
December 2018 to consider the application, preceded by published and mailed notice; based
upon review of the application and evidence received, the public hearing was closed and the
Planning Commission recommended by a 6-0 vote that the City Council deny the request
based on the aforementioned findings.
F. The City Council considered the application and the recommendation of the Planning
Commission at their meeting on 4 January 2019; following discussion the application was
tabled and the Planning Commission directed to consider alternative proposals to modify the
Zoning Ordinance requirement by a 4-0 vote at the applicant's request.
2
G. The Otsego Planning Commission opened a public hearing at their regular meeting on 4
February 2019 to consider the application, preceded by published and mailed notice; based
upon review of the application and evidence received, the public hearing was closed and the
Planning Commission 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
APPROVED, in the form of the draft ordinance presented by City staff.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019.
Tami Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor