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ITEM 4.3 Capstone HomesI ;, F Otsego MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 11 February 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.3 — Capstone Homes City Attorney MacArthur STRATEGIC VISION MEETS: THE CITY OF OTSEGO: as recommended by the Planning Commission. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. X Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Capstone Homes, Inc. (d/b/a Capstone Harvest Run, LLC) has received preliminary plat and PUD -CUP Is a social community with diverse housing, service options, and employment opportunities. Watertower #3). The development incudes 61 single family dwellings to be constructed as slab -on -grade Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve a Zoning Ordinance amendment based on findings of fact as recommended by the Planning Commission. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 4 February 2019 BACKGROUND/J USTI FICATION: 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 61St Street (adjacent to Watertower #3). The development incudes 61 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 (and for a potential future development for land under contract adjacent to Harvest Run). The developer initially 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 Commission voted 6-0 following a public hearing to recommend this request be denied based on findings of fact drafted by City staff. At the City Council meeting on 14 January 2019, Mr. Stephen Bona of Capstone Homes 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 the 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 to D.R. Horton, Lennar Corporation, Benzinger Homes, M/I Homes, and Homes Plus, who are all currently building residential dwellings within the City. The public hearing was attended by Capstone Homes and Land Manager Heather Lorch made a presentation to the Planning Commission. There were no other public comments other than written correspondence included with the Planning Report. The Planning Commission discussed the location of the storm shelter and the need to ensure that it would be accessible both from a resident need standpoint and vehicle parking. Mr. Bona noted that the storm shelter installed in the garage would be required to meet FEMA standards but that if a buyer required special accommodation, they would address that with the balance of the house design. The Planning Commission expressed their appreciation to Capstone for presenting an alternative option for providing a storm shelter within slab -on -grade homes. The public hearing was closed and the Planning Commission voted 6-0 to recommend approval of the ordinance amendment drafted by City staff. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report addendum dated 31 January 2019 (including attachments) ■ Ordinance 2019-05 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2019-05 amending Section 11-17-12 of the Zoning Ordinance based on the findings of fact as presented. BUDGET INFORMATION FUNDING: BUDGETED: N/A TPC The Planning Company PLANNING REPORT - addendum TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 31 January 2019 ACTION DATE: 5 March 2019 RE: Otsego — Zoning Ordinance; Storm Shelter 11011111111 1/311/0111 BACKGROUND 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 61St 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 14 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. B. 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 1/2 Area3 Maple 21.Oft. 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: 3 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 0 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 amending Section 11-17-12 of the Zoning Ordinance based on the findings of fact as presented. 5 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 16 z an au 7,� 40. as H. ,!IB -,9 - 0..L n:: L - ZLqc ------ ----- ------- ------ -------- $As Va1 I „B2 IIx we I (C) dj Tit V Ell L o .0 -oz 9 1 z�yF Ike Of 11I ­iAO) CT .11/1 >L) o08 t ti9:: L. :Qi c - - - - - - 14.1 oAff o DE) u 9�15WWSI 119 /1 GN= W181 I z M 0i'a 'r', 0.. 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CA o -,6 ••0a nd rc� 8t S„ s 2,at as n .i .6-,9 .5',9 .SIP,4 .57E -,L v J ♦ (� v n 2 ft o �[ R P i 4 ,L -.fl .Y-,51 .6'5 .6-,S ? a •Kr �Qjd g d W b �° 9 zr z 9-ez y.wJ 9n "d r„ 09 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. 1l1l1111 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 ig FIRST M I N N E S O T A 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, 261h 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, 55113 1 HOUSINGFIRSTMN.ORG OtSTeF O MINNESOTA V APPLICANT: Capstone Harvest Run, LLC 5Feb 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.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 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 6-0 vote that the City Council approve 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: ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019. Attest: Tami Loff, City Clerk 3 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor OtSeCITY go F MINNESOTA APPLICANT: Capstone Harvest Run, LLC 5Feb 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 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, in the form of the draft ordinance presented by City staff. 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 3 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2019-05 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 aroma ee shall be provided in a bathroom -off laundry room, or other occupied space with sufficient area for standing 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 area 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 opposite the exterior wall 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. 3. The door to the storm shelter shall be located so as to be accessible in accordance with the minimum dimensions established by Sections 11-17- 12.C.1 and 2 of this section. 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. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk