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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. 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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