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ITEM 3.7 Martin Farms 3rd AdditionF Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 June 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner 3.7 — Martin Farms 3`d Add STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD-CUP amendment regarding a wetland buffer established over Lots 1-7, Block 1 Martin Farms 3`d Addition. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Opened 2 December 2019, continued to 15 June 2020 BACKGROUND/JUSTIFICATION: Lennar Corporation received final plat approval for Martin Farms 3`d Addition on 26 October 2015. The developer subsequently received approval on 24 October 2016 of a PUD-CUP amendment to allow for averaging the wetland buffer and principal building setback required by Section 11-16-5.F.4 of the Zoning Ordinance based on anticipated house plans for Lots 1-7, Block 1 and Outlot A, Martin Farms 3`d Addition. The property owners of Lots 1 and 2, Block 1 Martin Farms 3`d 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 3`d 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 was noticed for the Planning Commission meeting on 2 December 2019 to consider the application. The Public Hearing included comments from effected property owners regarding the wetland, the buffer requirement, and the effect it has on their rear yards. The Planning Commission continued the public hearing to allow City staff to review further options and for the City Engineer's office to make an evaluation of the wetland. Mailed notice was sent to the property owners notified of the initial public hearing that the Planning Commission was to receive information for consideration of the wetland buffer amendment at their meeting on 15 June 2020. City staff presented 4 options for action on the proposed amendment of the wetland buffer. Effected property owners were present and spoke regarding their support the option to reduce the wetland buffer depth and allow fences and turf grass within remaining the wetland buffer inside of their property lines. Question was also raised about staking the boundaries of the wetland buffer. City staff is proposing to install wetland buffer signs based on line of sight, not at every side lot line after reviewing the buffer line across the rear yards of the lots. The wetland buffer signs will be installed by City staff and copies of the recorded approval documents will also be mailed to the property owners for their records. The Planning Commission closed the public hearing. The Planning Commission discussed application of wetland buffers to other similar situations. City staff said that review of the wetland buffer provisions for lots platted between 2002 and 2010 when the City secured the wetland buffers only by easement can be considered as part of future Zoning Ordinance updates. The Planning Commission voted 7-0 to recommend approval of the PUD-CUP amendment and easement vacation as attached hereto. I SUPPORTING DOCUMENTS ATTACHED: I ■ Planning Report addendum dated 1 June 2020 ■ Findings of Fact and Decision ■ Resolution 2020-39 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve amendment of a PUD-CUP for Lots 1-7, Block 1, Martin Farms 3`d Addition regarding wetland buffers and adopt Resolution 2020-39 vacating existing drainage and utility easement. BUDGET INFORMATION FUNDING: BUDGETED: NA 3601 Thurston Avenue TPC Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com The Planning Company PLANNING REPORT -Addendum TO: FROM: RE: REPORT DATE TPC FILE: BACKGROUND Otsego Planning Commission D. Daniel Licht, AICP Otsego — Martin Farms 3rd Addition; Wetland buffer amendment 1 June 2020 101.02 Lennar Corporation received final plat approval for Martin Farms 3rd Addition on 26 October 2015. The developer subsequently received approval on 24 October 2016 of a PUD-CUP amendment to allow for averaging the wetland buffer and principal building setback required by Section 20-16-5.F.4 of the Zoning Ordinance based anticipated house plans for Lots 1-7, Block 1 and Outlot A, Martin Farms 3rd Addition. 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 was noticed for the Planning Commission meeting on 2 December 2019 to consider the application. The Public Hearing included comments from effected property owners regarding the wetland, the buffer requirement, and the effect it has on their rear yards. The Planning Commission continued the public hearing to allow City staff to review further options and for the City Engineer's office to make an evaluation of the wetland. Mailed notice has been sent to the property owners notified of the initial public hearing that the Planning Commission will receive information for consideration of the wetland buffer amendment at their meeting on 15 June 2020. Fxhihits- ■ Site Location ■ City Engineer memorandum dated June 01, 2020 ■ Wetland Buffer Averaging Exhibit dated 10/22/19 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 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. The City has adopted these requirements by the Minnesota Pollution Control Agency as part of its Municipal Separate Storm Sewer System (MS4) permit. The evaluation of the wetland south of Block 1, Martin Farms 3rd Addition by the City Engineer's Wetland Specialist is that it is of poor quality. Based on this evaluation, the Planning Commission may consider the following options with regards to the requested amendment of the wetland buffer over Lots 1-7, Block 1 Martin Farms 3rd Addition: Repeal the wetland buffer in its entirely and vacate the drainage and utility easement except for the 10 feet required along the rear lot line and 5 feet on side lots lines required by Section 10-8-12.A of the Subdivision Ordinance. Comment: This action would allow full use of the rear yard of Lots 1-7, Block 1 for turf grass, vegetative plantings, gardens, fences, structures and other impervious surfaces. 2. Amend the wetland buffer as proposed by Lennar as shown on the attached exhibit dated 10/22/19. Comment: Greater use of the rear yard of Lots 1-7, Block 1 for turf grass, vegetative plantings, gardens, fences, structures and other impervious surfaces would be allowed by the area within the remaining wetland buffer would need to be maintained as a no - mow zone and no structures or impervious surfaces would be permitted to encroach. 3. Amend the wetland buffer to either with the current boundaries or proposed boundaries, but allow certain encroachments. Comment: Provide for use of the rear yard of Lots 1-7, Block 1 as turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater while restricting placement of structures and other impervious surfaces. 2 4. Take no action to amend the wetland buffer as approved on 24 October 2016 and recorded with the properties. Comment: The established wetland buffer on Lots 1-7, Block 3, Martin Farms 3rd Addition would need to be maintained as a no mow zone and no structures would be allowed o encroach in accordance with Section 11-16-5.F.4 of the Zoning Ordinance RECOMMENDATION City staff recommends approval of an amendment to the wetland buffer for Lots 1-7, Block 3, Martin Farms 3rd Addition to allow for use of the rear yard of Lots 1-7, Block 1 as turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater (alternative 3) based on the City Engineer's evaluation of the wetland. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a PUD-CUP amendment modifying the wetland buffer for Martin Farms 3rd Addition Lots 1-7, Block 1 subject to the following conditions: Repeal the wetland buffer in its entirely and vacate the drainage and utility easement except for the 10 feet required along the rear lot line and 5 feet on side lots lines required by Section 10-8-12.A of the Subdivision Ordinance Or, Revise the boundaries of the wetland buffer as shown on the exhibit dated 10/22/19 to maintained with no disturbances in accordance with Section 11-16- 5.F.4.c of the Zoning Ordinance and vacate those drainage and utility easements lying outside of the modified boundary Or, Modify the use of the rear yards subject to the wetland buffer to allow turf grass, vegetative plantings, gardens, and chain link fences that do not obstruct stormwater; other structures or impervious surfaces would be prohibited. The amended wetland buffer within Lots 1-7, Block 1 shall be posted with signs as approved by the City Engineer. B. 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 go w � Id pi b2dd OM B�n oil Main Office: H['1lCansol '] 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Anderson www.haa-inacom-- MEMORANDUM TO: Dan Licht, Otsego City Planner CC: Ron Wagner, City Engineer FROM: Kaci Fisher, Hakanson Anderson DATE: June 01, 2020 RE: Martin Farms Buffer Requirement There are seven residences along Mackenzie Avenue who are adjacent to a wetland that currently do not adhere to the 20-foot wetland buffer City ordinance requirement. The ordinance states, A protective buffer of natural vegetation at least twenty feet (20') wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminarily platted, developed, or redeveloped after October 14, 2002. (11-16-5.F.4) If the residents were to comply with the ordinance, the buffer would be the majority of their yard. Importance of Buffers Buffers are an important best management practice to improving water quality. They filter out phosphorus, nitrogen, and sediment as well as reduce stormwater volume that can create erosion issues. They are recommended by the Environmental Protection Agency (EPA), Board of Water and Soil Resources (BWSR), Department of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA), all Watershed Districts and Watershed Management Organizations within the state. They are listed as best management practices for the North Fork Crow River Watershed Restoration and Protection Strategy (WRAPS) and South Fork Crow River WRAPS reports, which are the two watershed regions that encompass Otsego. Buffer Regulations Buffers are required for public waterbodies and public ditches by the Buffer Law as well as the Wright Soil and Water Management Plan and Wright County ordinances. Buffers are also required for mitigated wetlands by the Wetland Conservation Act. MPCA suggests a buffer ordinance in order to help cities meet the MS4 Post -Construction Stormwater Runoff Control. The MPCA published a Pollution Prevention and the MS4 Program guidance document as well as a Model Stormwater Ordinance that incorporate wetland buffers. Mackenzie Avenue Wetland The wetland/waterway south of Mackenzie Avenue is not a DNR public water or public ditch, nor is it a mitigated wetland. The wetland consists mostly of invasive reed canary grass and cattails, which suggest the wetland is of poor quality. Currently an unmowed vegetated buffer is not in place on either side of the wetland. There is likely encroachment of sod and/or landscaping within the wetland itself by the residents on Mackenzie Avenue. Recommendation I would recommend either a reduction of the 20-foot buffer requirement or modification of what is allowed within the buffer. A smaller buffer would still provide some water quality benefits for the wetland. Alternatively, allowance of mowed vegetation or vegetative plantings within the 20-foot buffer will still provide a minimum amount of filtration and slow down runoff, but structures or impervious surfaces should still be prohibited. Fences do not impede stormwater runoff, so they could be allowed within the buffer, and drainage and utility easement should still be maintained. Since a buffer is not a requirement on the farmed portion of the wetland, it is unlikely a buffer on the platted side will contribute a significant amount of water quality improvement. However, a buffer will help with stormwater management from the residential side, regardless if the agricultural land contributes to greater water quality issues. If the agricultural land in the future were to be developed, it would be expected that buffers would be established. Hakanson VlAnderson =*- SI 7o�g tE 2 t �-nEp°.� �Y �n�R_'n •5 fi- K 3� mE E9 gg�sgEooay =u a;y �a''�i�LoB'EYsBt$c`EE Epp 2ea°Ya�..eE.£S2C�Sas E£SE $'h SLz,E�� Se �K R$=o_°. e SRE�OEaSB�vaE��c�Y EH� 8��„�=$Q�P°[ 4Y a` 95es�s42s�€ e�ae of^s�sary���•.eLE��^ �� � R ��' s i•�=� • `v"No ve� '7 nB oe$e �e e�RSYss'��.°€Yn;sa�b.�eo a°g`�€°•ems°°°e°ofc `°e& '"S °E .� Y3'_ Y_°$ ° tYBWW WWW��- 8E e8s ELF<� EK .sgn:o�r Seas <e e- eia �rsa°os q:n 2, 55� 9gkY �oS'SeYZ YgB �€ lea S�Eo`'oE2 s'f R�ECLe"�EF^EEEoE e§ 'a �• $ t�5e 16 June 2020 0Kt 141.9 d -,eP'IO FINDINGS OF FACT AND DECISION APPLICANT: U.S. Home Corporation d/b/a Lennar APPLICATION: Request for approval a PUD-CUP amendment regarding wetland buffer requirements for lots within Martin Farms 3rd Addition. CITY COUNCIL MEETING: 22 June 2020 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lots 1-7, Block 1, Martin Farms 3rd Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential uses within the West Sewer District. C. The subject site is zoned R-6, Medium Density Residential District. D. The City Council approved application for preliminary plat and PUD-CUP to subdivide 49.8 acres into 132 single family lots, two outlots and public right-of-way on 11 February 2013 and a final plat of Martin Farms 3rdAddition was approved by the City Council on 26 October 2015. F. The lots within Martin Farms 3d Addition are subject to wetland related buffer and principal building setbacks as required by Section 20-16-5.F.4 of the Zoning Ordinance. A PUD-CUP amendment was approved on 24 October 2016 modifying the wetland buffer for certain lots within Blocks 1 and 2, Martin Farms 3`d Addition. F. Application has been made to request approval of a PUD-CUP amendment to further modify the boundaries and allowed uses within the wetland buffer for Block 1 as shown on Exhibit A. F. The Planning Reports dated 19 November 2019 and 1 June 2020 prepared by the City Planner, The Planning Company LLC, are incorporated herein. G. The Otsego Planning Commission opened a public hearing at their regular meeting on 2 December 2019 to consider the application, preceded by published and mailed notice that was continued to 15 June 2020 to receive additional information. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 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. The boundaries of the wetland buffer shall be modified as shown on the exhibit dated 10/22/19 with vacation of those drainage and utility easements lying outside of the modified boundary 2. The use of the rear yards subject to the wetland buffer shall be limited to turf grass, vegetative plantings, gardens, in -ground irrigation, and chain link fences that do not obstruct stormwater; other structures or impervious surfaces shall be prohibited within the wetland buffer. 3. The amended wetland buffer within Lots 1-7, Block 1 Martin Farms 3`d Addition shall be posted with signs as approved by the City Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 22"d day of June, 2020. Tami M. Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 2 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-39 VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1-7, BLOCK 1 MARTIN FARMS 3RD ADDITION WHEREAS, Martin Farms 3rd Addition was approved by the City Council on 26 October 2015; and WHEREAS, a wetland buffer was established over Lots 1-7, Block 1, Martin Farms 3rd Addition in accordance with Section 11-16-5.F.4 of the Zoning Ordinance; and WHEREAS, the wetland buffer was overlaid by drainage and utility easement dedicated to the City with the Martin Farms 3rd Addition final plat; and WHEREAS, application has been made to amend the boundaries of the wetland buffer and vacate that portion of the existing drainage and utility easement lying outside of the revised wetland buffer; and WHEREAS, the portion of the existing drainage and utility easement lying outside of the revised wetland buffer boundary as described by Exhibit A serves no public purpose; and, WHEREAS, the Otsego Planning Commission opened a public hearing at their regular meeting on 2 December 2019 to consider the application, preceded by published and mailed notice that was continued to 15 June 2020 to receive additional information; and WHEREAS, based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings; and WHEREAS, the planning reports dated 19 November 2019 and 1 June 2020 prepared by the City Planner, the Planning Company LLC, are incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. That the existing drainage and utility easements within the property described by Exhibit A are hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 1 ADOPTED by the Otsego City Council this 22"d day of June, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk EXHIBIT A All that part of the drainage and utility easement dedicated within Lots 1 through Lot 7, Block 1, MARTIN FARMS 3RD ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the southeast corner of said 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 said easement line, a distance of 47.61 feet to the northwesterly line of said Lot 7 and also the southeasterly line of said Lot 6; thence continuing North 50 degrees 18 minutes 31 seconds West, along said easement line a distance of 45.77 feet; thence North 51 degrees 31 minutes 97 seconds West, along said easement line, a distance of 37.97 feet to the northwesterly line of said Lot 6 and also the southeasterly line of said Lot 5; thence continuing North 51 degrees 31 minutes 59 seconds West, along said easement line, a distance of 73.09 feet to the northwesterly line of said 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 said Lot 3; thence North 70 degrees 11 minutes 28 seconds West, along said easement line, a distance of 70.25 feet to the northwesterly line of said Lot 3 and also the southeasterly line of said Lot 2; thence North 70 degrees 12 minutes 06 seconds West, along said easement line, a distance of 69.10 feet to the northwesterly line of said Lot 2 and also the southeasterly line of said 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 said 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 said 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. EXCEPTING therefrom all that part of the above described property that lies within 5.00 feet of the common lot lines between Lots 7 & 6, Lots 6 and 5, Lots 5 and 4, Lots 4 and 3, Lot 3 and 2, and Lots 2 and 1 said Block 1.