ITEM 4.1TPC
The Planning Company
TO:
FROM:
RE:
REPORT DATE;
ACTION DATE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
ITEM 4.1
Otsego — Martin Farms 311 Addition; Wetland buffer amendment
19 November 2019
4 January 2019
101.02
Lennar Corporation received final plat approval for Martin Farms 3rd Addition on 26 October
2015.
In preparing their sales plans for the subdivision, the developer identified that a number of
their house designs (including attached decks) would not fit on the lots in consideration of the
required wetland buffer and principal building setback required by Section 20-16-5.F.4 of the
Zoning Ordinance. The developer applied for a PUD -CUP amendment to allow for averaging the
wetland buffer and setbacks for Lots 1-7, Block 1 and Outlot A, Martin Farms 3rd Addition. The
City Council approve the PUD -CUP amendment on 24 October 2016.
The property owners of Lots 1 and 2, Block 1 Martin Farms 3rd Addition applied (separately) for
fence permits and were told by City staff that encroachment of a fence, as well as continued
mowing, into the wetland buffers is prohibited. The property owners believe that the wetland
buffer was not disclosed to them. City staff identified that the wetland buffer within these lots
could be further reduced if Lennar applied for a second amendment that would dedicate
additional area within Outlot A, Martin Farms 3rd Addition as wetland buffer.
Lennar has prepared a revised wetland buffer for Lots 1-7, Block 1, as well as proposing
vacation of a portion of the rear yard existing drainage and utility easements, to reduce the
area of the wetland buffer for these lots. A public hearing has been noticed for the Planning
Commission meeting on 2 December 2019 to consider the application.
Exhibits:
■ Site Location
■ Wetland Buffer Averaging Exhibit dated 10/22/19
■ Drainage and utility easement vacation exhibit
ANALYSIS
Section 11-16-5.F.4 of the Zoning Ordinance requires all parcels preliminary platted after 14
October 2002 to provide for a 20 foot wide vegetative buffer from the delineated boundary of
all wetlands and a principal building setback the greater of a 40 feet from the delineated
boundary of the wetland or 20 feet from the outside edge of the required vegetation buffer.
The City was required to adopt these requirements by the Minnesota Pollution Control Agency
as part of its Municipal Separate Storm Sewer System (MS4) permit. The purpose of the
vegetation buffer is to provide for a natural filter for improved water quality for storm water
drainage to wetland areas. The principal building setback from the wetland and/or vegetation
buffer is to ensure a usable rear yard for outdoor recreation purposes.
Averaging the wetland buffer has been allowed by the City, and within Martin Farms
specifically, to provide an appropriate balance between wetland protection and development
based on the unique conditions of each parcel. Martin Farms is unique in that additions after
the initial final plat are occurring after the City had changed its policy to require that the
wetland buffer be platted within an outlot deeded to the City. As such, the wetland buffers
within the final plats of Martin Farms 2nd Addition, 3rd Addition, 4th Addition, 51h Addition and
61h Addition include developing lots where the wetland buffer is established within the platted
lots.
The revised wetland buffer averaging proposed by the developer for Lots 1-7, Blocks Martin
Farms 3rd Addition maintains a minimum depth of 10 feet for the wetland buffer and 10 feet for
the principal building setback from the wetland buffer. The area of the wetland buffer is to be
increased by 0.05 acres within the area of Lots 1-7, Block 1 and Outlot A, Martin Farms 3rd
Addition. The averaging of the wetland buffer and principal building improves the buildability
of the affected lots within Block 1 and remains consistent with the intent of the Zoning
Ordinance.
The final plat of Martin Farms 3rd Addition included drainage and utility easements overlying
the initial wetland buffer. The developer is proposing to vacate that portion of the drainage
and utility easement overlying the rear yards that is outside of the wetland buffer. As this
potion of the drainage and utility easement serves no public purpose, the requested vacation is
appropriate and will increase the usability of the rear yards.
2
RECOMMENDATION
City staff recommends approval of the application to amend the averaged wetland buffer
within Lots 1-7, Block 1 Martin Farms 3rd Addition as proposed, subject to the conditions stated
below.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of a PUD -CUP amendment allowing
wetland buffer averaging for Lots 1-7, Block 1; Lots 1-6, Block 2; Outlot A; and Outlot B,
Martin Farms Yd Addition in accordance with the exhibit dated 10/22/19 and vacation
of existing drainage and utility easements, subject to the following conditions:
1. The amended wetland buffer within Lots 1-7, Block 1 shall be posted and
maintained with no disturbances in accordance with Section 11-16-5.F.4.c of the
Zoning Ordinance.
Motion to deny the request based on a finding that the application does not comply
with the intent and provisions of the Zoning Ordinance.
C. Motion to table.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Martin Farms 3rd, Lots 1-7, Block 1
Overview
Legend
Roads
— CSAHCL
CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
❑ c
Dt
LD1 Parcels
02016 Westwood Professional Services, Inc.
Existing Wetland Buffer & Setbaoks
Legend
EXISTING WETLAND BUFFER (10' MIN.)
DDDR BLOCK 1 = D.36 AC
D D BLOCK 2 = 0.16 AC
TOTAL = 0.52 AC
l I I I I EXISTING WETLAND BUFFER SETBACK (10' MIN.)
Ill! BLOCK 1 = 0.34 AC
i BLOCK 2 = OAB AC
TOTAL = 0.52 AC
811 or calI811.com
Common Ground Alliance
Proposed Wetland Buffer & Setbacks
Legend
PROPOSED WETLAND BUFFER (10' MIN.)
D D D R BLOCK 1= 0.41 AC
D D BLOCK 2 = 0.16 AC
TOTAL = 0.57 AC
I I PROPOSED WETLAND BUFFER SETBACK (5' MIN.)
I I i BLOCK 1 = 0.17 AC
Dill ! BLOCK 2 — 0.16 AC
TOTAL = 0.35 AC
W
WesM ., n9r nwo31 a191w. Inc 1 lneD, mtll, am aa. plI ... doy b, m. a ossa n
,69s a..9�nm aH. al..n ��ya.lem .m sr 1 ®. a.l, u®..a r3oP� , p^L�` Ddseefi P� ¢ Prepared for.
Etlen Pnlrla, MN 66]M 6NCDIaR mde Vy 4w. el 1bjWJ,b� a I�roK WAD/22 aE�5a1 MiR,111U W"M k S OK
PHONE 9629325160 ( y / / 1 J/ .� � ¢ Lennar Corporation
rnx 962-931-6922 \�-SSL 11..// / WM+� Dnw¢ PD1{ ¢I
roLLszff ISe6932b1so Francis D. mgm II 16305 36TH Avenue North, Suite 600
11{ieStlfJOOf� wxw.wndmadpamm Abe
10/22/19 17716 1—d °i�°a 6fr�` Plymouth, Minnesota 55416
L -w N.
Martin Farms
3rd Addition
Otsego, Minnesota
Y
0' 100' 200' 300'
Latest Revision Date: 10/22/19
000D333.03EXPO2.dwg
Dalc 06/24/16 Sheet '( OP 1
Wetland Buffer
Averaging
Exhibit
o2018 Westwood Professional Services, Inc.
O OTA \\
�\
1 �\
/ 1 �
2
8
-
n P.r.
Par °r uurna
s1� ,j auras Seo amna2 t\ `�
�
e / 1
r %
rvi � 2 / / `�t t
E°,anmr per
4'oa Y'; �b°he9e ! ap / - �we..,r,nr �> Y / / °rwla .sav�n'wonrrw
, rear, �+m,mr �_ 1 . d L°e 2 / %
�� `a ~\ \
4
2n
"t2;'
\ ' � � T ' ro�°°°�'t" a / % �b°h°sr e: o / y� �,/ ,l rn•°lim°s iro �9anav tiff �1 / � \ ,�I \
' � °s,y°jY• i i / / `�ih'° eiiei`� �C' Irl r / \ \ r •q
`5 / / `:ib°n.v.►urarr--tG.`r\>
40
mil a amtie r / / 1 torus .xw .lrolrtcw t / `
`OnUa1
°/L°r 6 �� / ARtl53W Ame6/n4V it `•/
/ 6 / \/
lit
\ �4's
•\ \ r �� 2` � % ��u°`i..,irc :,,mer I
fl
\ / f r M• 1000 Ir er LaWI 7 ` /
399°N JJ'E r
i�-19. J5 I
\ ' I rP.ae
\ ,a.6, uwrw F,Lwrs 360.1m1
=au.ry Ib. °r ter >
Westwood
pm. (962)9374160 12701 ffl,U erer.db .Wte W
FPx (962)9374622 M-vbnk6."fiW3
TdR (969)9374169 wwb Ap—
YA m1ro°d Hake/ -1 seMmt Ino
u..alma �e,r Prepared for.
IMP Leennar
9—d DMR U brdr 16305 36th Avenue North, Suite 600
Plymouth, MN 55446
Basement Description:
All that part of the drainage and utility easement dedicated within Lots 1 through Lot
7, Block 1, MAR71N FARMS 3RD ADD1770N, according to the recorded plat thereof, Wright
County, Minnesota, described as follows:
Commencing at the southeast corner of sold Lot 7,' thence North 80 degrees 43
minutes 33 seconds West, assumed bearing along the southerly line of said Lot 7,
a distance of 21.59 feet; thence North 50 degrees 18 minutes 31 seconds West, a
distance of 19.75 feet to its Intersection with the north line of the southerly 10.00
feet of said Lot 7, said line also being the northerly line of said drainage and
utility easement and the point of beginning of the land to be described,' thence
continue North 50 degrees 18 minutes 31 seconds West, along sold easement line,
o distance of 47.61 feet to the northwesterly line of sold Lot 7 and also the
southeasterly line of said Lot 6; thence continuing North 50 degrees iB minutes 31
seconds West, along sold easement line a distance of 45.77 feet, thence North 51
degrees 31 minutes 97 seconds West, along sold easement line, o distance of
37.97 feet to the northwesterly line of sold Lot 6 and also the southeasterly line
of sold Lot 5,• thence continuing North 51 degrees 31 minutes 59 seconds West,
along sold easement line, a distance of 73.09 feet to the northwesterly line of sold
Lot 5 and also the southeasterly line of said Lot 4; thence continuing North 51
degrees 31 minutes 59 seconds West, along said easement line a distance of 39.71
feet; thence North 70 degrees 06 minutes 44 seconds West along said easement
line a distance of 25.38 feet to the northwesterly line of said Lot 4 and also the
southeasterly line of sold Lot 3,• thence North 70 degrees 11 minutes 28 seconds
West, along sold easement line, a distance of 70.25 feet to the northwesterly line
of sold Lot 3 and also the southeasterly line of said Lot 2,' thence North 70
degrees 12 minutes O6 seconds West, along said easement line, a distance of 69.10
feet to the northwesterly line of sold Lot 2 and also the southeasterly line of sold
Lot 1; thence continuing North 70 degrees 12 minutes 06 seconds West, along said
easement a distance of 24.01 feet; thence North 35 degrees 06 minutes 33
seconds West, along said easement line a distance of 102.44 feet to the
southeasterly line of the northwesterly 5.00 feet of sold Lot 1; thence South 17
degrees 19 minutes 30 seconds East, a distance of 32.74 feet; thence South 35
degrees 06 minutes 33 seconds East, a distance of 74.44 feet, thence South 70
degrees 13 minutes 17 seconds East, a distance of 132.78 feet; thence South 70
degrees 06 minutes 44 seconds East, a distance of 57.47 fee; thence South 51
degrees 31 minutes 59 seconds East, a distance of 149.03 feet; thence South 50
degrees 18 minutes 31 seconds East, a distance of 76.29 feet to sold north line of
the southerly 10.00 feet of Lot 7,' thence South 80 degrees 43 minutes 33 seconds
East, a distance of 19.75 feet to the point of beginning.
EXCEP77NG therefrom all that part of the above described property that Iles within 5.00
feet of the common lot lines between Lots 7 & 6, Lots 6 and 5, Lots 5 and 4, Lots 4
and a Lot 3 and 2, and Lots 2 and 1 sold Black 1.
0 Basement to be Vacated
Martin Farms
3rd Addition
Otsego, Minnesota
Call 48 Hours before digging:
811 or call811.com
Common Ground Alliance
x
�i
0' 30' 60' 90'
D9tc 11/14/2019 Sbeet 1 oa 1
0000333.03ESF01-811-7.dwg
Easement
Vacation