ITEM 4.1 Harvest Run EastOtkgoF
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 #:
City Planner Licht
City Administrator/Finance Director Flaherty
4.1—Harvest Run East
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.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
The Planning Commission recommends denial of a request to amend the PUD-CUP for Harvest Run East to
allow a reduction in side yard setback requirements for lots zoned R-4 District.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 15 June 2020
BACKGROUND/JUSTIFICATION:
Capstone Homes received approval of a Zoning Map amendment and PUD-CUP/preliminary plat for
Harvest Run East on 13 May 2019. The north one-half of the development is zoned R-5, Residential Single
and Two Family District and the south one-half of the development is zoned R-4, Residential Single family
District. The developer is applying for an amendment to the PUD-CUP to reduce the side yard setbacks for
the lots zoned R-4 District to allow a 1,240 square foot garage.
The Planning Commission held a public hearing at their meeting on 15 June 2020. Mr. Tom Bakritges of
Capstone Homes was present (via teleconference). Residents of the surrounding Wokson Hills, Harvest
Run, and Riverpointe subdivisions spoke during the public hearing with concerns about the proposed
setback change from 10 feet to 7 feet. The developer and City staff explained how these specific lots
would not be effected by the proposed amendment. The Planning Commission closed the public hearing.
The Planning Commission discussed the request at length. The consensus of the Planning Commission is
that the City allows the requested 7 foot side yard setbacks in the R-5 District and requires 10 foot side
yard setbacks within the R-4 District with intent. The Planning Commission did not support allowing the
requested side yard setback reduction within Harvest Run East as an exception to the requirements of the
R-4 District that may have implications for consideration of future subdivision applications.
City staff reviewed files regarding Boulder Pass as a potential instance where the City has allowed flexibility
from R-4 District setbacks. However, Boulder Pass is zoned R-5 District and the setback flexibility approved
by PUD-CUP was for 5 foot side yard setbacks with a minimum of 15 feet between buildings. We reviewed
files for subdivisions zoned R-4 District and did not find approval for a reduction in setback requirements
from 10 feet.
The developer provided an updated site plan on 18 June 2020 to better illustrate the requested setback.
Because the lot lines established by the preliminary plat are not being modified, the requested PUD-CUP
amendment would only affect the lots at the interior of the subdivision, which would avoid potential
compatibility issues as raised at the public hearing. The requested PUD-CUP amendment is also modified
to maintain 10 foot setbacks along 71't Street or abutting Harvest Run for consistency between the two
plats.
City staff has updated the planning report attached hereto based on the developer's revised request.
Findings of fact to deny the application as recommended by the Planning Commission and to approve the
application have been drafted for consideration by the City Council
I SUPPORTING DOCUMENTS ATTACHED: I
■ Planning Report dated 18 June 2020 (Updated)
■ Findings of Fact (approve)
■ Findings of Fact (deny)
POSSIBLE MOTION
I PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: I
Motion to approve a PUD-CUP amendment for Harvest Run East subject to the findings of fact and decision
as presented and subject to the conditions stated therein.
Motion to deny a request to amend the PUD-CUP for Harvest Run East based upon the findings of fact and
decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC
The Planning Company
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
PLANNING REPORT - Updated
TO:
FROM:
REPORT DATE
ACTION DATE:
RE:
TPC FILE:
BACKGROUND
Otsego Mayor and City Council
D. Daniel Licht, AICP
18 June 2020
25 July 2020
Otsego — Harvest Run East; PUD CUP amendment (R-4 District setbacks)
101.02
Capstone Homes received approval of a Zoning Map amendment and PUD-CUP/preliminary plat
for Harvest Run East on 13 May 2019. The north one-half of the development is zoned R-5,
Residential Single and Two Family District and the south one-half of the development is zoned
R-4, Residential Single family District. The developer is applying for an amendment to the PUD-
CUP to reduce the side yard setbacks for the lots zoned R-4 District to allow a 1,240 square foot
garage.
Exhibits:
■ Site Location Map
■ Example house plans (4 pages)
■ Preliminary Plat dated 3/26/19
■ Site plan dated 06/18/2020
ANALYSIS
Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for low density
residential uses within the East Sewer District. Development of lots subject to R-4 District
requirements for single family homes is consistent with the Future Land Use Plan.
1
Zoning. The south one-half of the development is zoned R-4 District. Single family dwellings
are a permitted use within the R-4 District.
Surrounding Uses. The south portion of Harvest Run East abuts single family lots zoned R-3
District to the west and south and lots zoned R-4 District to the east. The single family lots to
be developed within Harvest Run East that are zoned R-4 District, which will be compatible with
the surrounding land uses to the west, south, and east.
Lot Requirements. The preliminary plat drawing for Harvest Run East presented by the
developer proposed 7 foot side yard setbacks for the 75 foot wide lots as part of the PUD-
CUP/preliminary plat to allow for a 61 foot wide building envelope within these lots.
However, the table below outlines the setback requirements as approved for the PUD-
CUP/preliminary plat for lots zoned R-4 District.
Lot
Lot
Lot
Setbacks
Area
Width
Depth
Front
Side
Rear
Wetland
Blk 6
Lots 1-22 and 29, Blk 7
Interior
12,000sf.
75ft.
100ft.
L
Lots 1-7, Blk 8
BIk9
Corner
100ft.
35ft.
10ft.
20ft.
40ft.
Lots 23-26, 28, 30, Blk 7
Interior
100ft.
150ft.
Lots 8-9, Blk 8
18,000sf.
Blk 10
Corner
130ft.
150ft.
Blk 11
Building Plan. The developer has provided 2 example house plans they intend to be made
available within the portion of Harvest Run East zoned R-4 District. The house plans each
include the option for a 40 foot wide, 4 stall garage (932 to 1,036 square feet) that increases
the width of the dwelling to 60 feet due to the large garage. The width of each house plan is 60
feet.
PUD-CUP Amendment. The developer has submitted an updated drawing showing:
■ 17 lots required to be 100 feet wide with 10 foot/ 10 foot side yard setbacks that can
accommodate the proposed 60 foot wide house plan.
15 lots required to be a minimum of 75 feet wide that because of their layout have a
building envelope within 10 foot / 10 foot side yard setbacks that can accommodate
the proposed 60 foot wide house plan.
46 lots required to be a minimum of 75 feet wide that cannot accommodate a 60 foot
wide house within 10 foot / 10 foot side yard setback.
The developer is requesting to amend the side yard setback for the minimum 75 foot wide lots
that cannot accommodate the 60 foot wide house plan to require either a minimum 7 foot side
yard setback on both sides of the principal building (61 foot wide building envelope) or 10 foot
2
setback to the house and 5 foot setback to the attached garage portions of the structure (60
foot wide building envelope to accommodate the proposed 60 foot wide house plans. Our
office has the following comments:
■ There are 32 lots of the 78 lots (41 percent) within the preliminary plat zoned R-4
District that have a building envelope at least 60 foot wide within the existing required
10 foot minimum side yard setback.
■ The proposed flexibility in side yard setbacks would allow for greater house plan options
within the development.
■ Lots at perimeter of the development abutting existing platted lots are proposed to
maintain 10 foot side yard setbacks for compatibility.
■ A 7 foot setback on both sides of the structure would be easier to administer, whereas
the 10/5 foot setback would maximize side yard setbacks except for the 60 foot wide
houses.
RECOMMENDATION
The Planning Commission held a public hearing at their meeting on 15 June 2020 to consider
the application. After closing the public hearing, the Planning Commission voted 6-1 to deny
the request. City staff has drafted findings of fact to deny the request as recommended by the
Planning Commission. Findings of fact for approval of the request have also been drafted for
consideration by the City Council.
POSSIBLE ACTIONS
A. Motion to recommend approval of a PUD-CUP amendment for Harvest Run East subject
to the following conditions:
The lots within the preliminary plat identified in the table shall be subject to the
following requirements:
Preliminary Plat
Lot
Lot
Lot
Setbacks
Area
Width
Depth
Front
Side
Rear
Wetland
Lots 1-6, Block 6
Interior
12,OOOsf.
75ft.
Lots 1-22, 29, Block 7
7ft.
Corner
Lots 1-25, Block 9
100ft.
100ft.
Lots 1-7, Block 8
Interior
12,OOOsf.
75ft.
20ft.
40ft.
Corner
100ft.
35ft.
10ft.
Lots 23-28, 30, Block 7
Lots 8-9, Block 8
18,OOOsf.
100ft.
150ft.
Lots 1-6, Block 10
Lots 1-2, Block 11
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
4
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"•"""• COPYRIGHT NOTE """"""
ALL RIGHTS RESERVED
®20'19, CAPSTONE HOMES, INC.
NO UNAUTHORIZED REPRODUCTION WITHOUT WRITTEN
CONSENT OF THE DESIGNER. THIS PLAN IS FOR THE
CONSTRUCTION OF ONE FINISHED PROJECT. THESE
DOCUMENTS ARE NOT TO BE REPRODUCED, CHANGED,
OR COPIED IN ANY FORM OR MANNER. NOR ARE THEY
TO BE AS51GNED TO ANY OTHER THIRD PARTY WITHOUT
FIRST OBTAINING THE WRITTEN PERMISSION AND
CONSENT OF THE DESIGNER. ANY OTHER USE OF THIS
MUST CONSTITUTE A REUSE LICENSE.
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"••"• COPYRIGHT NOTE --
ALL RIGHTS RESERVED
02019, CAPSTONE HOMES, INC.
NO UNAUTHORIZED REPRODUCTION WITHOUT WRITTEN ..I
CONSENT OF THE OE9.GNER. THIS PLAN IS FOR THE
CONSTRUCTION OF ONE FINISHED PROJECT. THESE
DOCUMENTS ARE NOT TO BE REPRODUCED, CHANGED,
OR COPIED IN ANY FORM OR MANNER. NOR ARE THEY
TO BE ASSIGNED TO ANY OTHER THIRD PARTY WITHOUT
FIRST OBTAINING THE WRITTEN PERMISSION AND
CONSENT OF THE DESIGNER. ANY OTHER USE OF THIS
MUST CONSTITUTE A REUSE LICENSE.
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WITH A LOOKOUT FOUNDATION. TIMES DURING CONSTRUCTION
LEFT ELEVATION
ve = I-O
(w/ LOOKOUT OPTION)
STEEL PANEL GARAGE DOORS
STONE VENEER FER ELEVATIONS
VINYL VERTICAL B LAP SIDING a
FRONT ONLY
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REVISIONS
3.
2.
3.
4.
S. 8
6.
DRAWN BY: C. Rd
MSUE OATS: 06/18/2020
FILE NO: I
9
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( IN FEET )
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MINNESOTA C_
APPLICANT: Capstone Harvest Run, LLC
18 June 2020
FINDINGS & DECISION
PUD-CUP Amendment
APPROVAL
APPLICATION: Request to amend the PUD-CUP for Harvest Run East regarding side yard setbacks for lots
zoned R-4 District.
CITY COUNCIL MEETING: 22 June 2020
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Lots 1-9, Block 2; Lots 1-2, Block 3; Lots -16, Block 4; Lots 1-9,
Block 5; Lots 1-2, Block 6; Lot 1, Block 7; Outlot G; Outlot H; Harvest Run East, City of Otsego, County
of Wright, State of Minnesota.
B. The property lies within the East Sewer District and is guided for low density residential uses by the
2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-4 Single Family Residential District and R-5, Single and Two Family
Residential District.
D. The applicant is proposing to amend the PUD-CUP approved by the City Council on 13 May 2019 to
revise the side yard setback requirements for certain lots within the portion of the preliminary plat
zoned R-4 District.
F. 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 11-4-21
of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The 2012 Comprehensive Plan establishes the following policies supportive of the
applicant's request:
■ Accomplish transitions between different land uses in an orderly manner that so as not
to create negative impacts on adjoining developments; changes in types of land use shall
occur either at mid -block points, so that similar uses front on the same street, or at
borders of areas separated by physical barriers
■ Establish standards for development quality for all land uses to insure desired
community character.
1
■ Encourage innovation in subdivision design and housing.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The lots to which the requested setback modifications would apply are interior to
the development and do not abut with surrounding existing residential neighborhoods zoned
R-3 District and R-4 District, which will maintain desired land use transition and compatibility.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The proposed modification of the PUD-CUP allows for construction of a single family
dwelling with an attached garage being 60 feet in width.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The requested PUD-CUP amendment will not have any effect on traffic generation
within the preliminary plat.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The requested PUD-CUP amendment will not have any effect on public services
within the preliminary plat.
G. The planning reports dated 11 June 2020 and 18 June 2020 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 June
2020 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 6-1 vote that the City Council deny 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 lots within the preliminary plat identified in the table shall be subject to the following
requirements:
Preliminary Plat
Lot
Lot
Lot
Setbacks
Area
Width
Depth
Front
Side
Rear
Wetland
Lots 1-6, Block 6
Interior
12 000sf.
75ft.
Lots 1-22, 29, Block 7
7ft.
Corner
Lots 1-25, Block 9
100ft.
100ft.
Lots 1-7, Block 8
Interior
12,OOOsf.
75ft.
20ft.
40ft.
Corner
100ft.
35ft.
10ft.
Lots 23-28, 30, Block 7
Lots 8-9, Block 8
18,OOOsf.
100ft.
150ft.
Lots 1-6, Block 10
Lots 1-2, Block 11
K
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22"d day of June, 2020.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
By:
Tami M. Loff, City Clerk
0
tCITYF
MINNESOTA
APPLICANT: Capstone Harvest Run, LLC
18 June 2020
FINDINGS & DECISION
PUD-CUP Amendment
DENIAL
APPLICATION: Request to amend the PUD-CUP for Harvest Run East regarding side yard setbacks for lots
zoned R-4 District.
CITY COUNCIL MEETING: 22 June 2020
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Lots 1-9, Block 2; Lots 1-2, Block 3; Lots -16, Block 4; Lots 1-9,
Block 5; Lots 1-2, Block 6; Lot 1, Block 7; Outlot G; Outlot H; Harvest Run East, City of Otsego, County
of Wright, State of Minnesota.
B. The property lies within the East Sewer District and is guided for low density residential uses by the
2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-4 Single Family Residential District and R-5, Single and Two Family
Residential District.
D. The applicant is proposing to amend the PUD-CUP approved by the City Council on 13 May 2019 to
revise the side yard setback requirements for certain lots within the portion of the preliminary plat
zoned R-4 District.
F. 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 11-4-2.F
of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The 2012 Comprehensive Plan establishes the following policy relevant to the
applicant's request: "Establish standards for development quality for all land uses to insure
desired community character." The R-4 District establishes minimum lot requirements and
setbacks to be required for development of properties to maintain a desired character of
development that relate to placement of homes and influence scale and bulk of the structures
relative to the lot. This includes specification of minimum 10 foot setbacks. Approval of the
PUD-CUP to deviate from the setbacks required for lots zoned R-4 District is not consistent
with the intent of the Zoning Ordinance to provide for development of lots with certain
characteristics.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The portion of Harvest Run East zoned R-4 District and subject to those lot
requirements and setbacks provides for development of individual lots intended to be
compatible with surrounding existing residential neighborhoods zoned R-3 District and R-4
District.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The lots zoned R-4 District all have an adequate building envelope to accommodate
construction of a single family dwelling within the minimum lot area, lot width, and setbacks
required by the Zoning Ordinance without modification by approval of the requested PUD-
CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The requested PUD-CUP amendment will not have any effect on traffic generation
within the preliminary plat.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The requested PUD-CUP amendment will not have any effect on public services
within the preliminary plat.
G. The planning reports dated 11 June 2020 and 18 June 2020 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 June
2020 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 6-1 vote that the City Council deny the request based on the aforementioned
findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
DENIED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22"d day of June, 2020.
CITY OF OTSEGO
By:
2
Jessica L. Stockamp, Mayor
Attest:
By:
Tami M. Loff, City Clerk