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ITEM 3.6 Riverwood Townhome AssociationO OtSeoTY F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 28 September 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.6 — Riverwood TH Assn. STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: 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: City staff recommends approval of a PUD Development Stage Plan amendment. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission 21 September 2020 BAC KG R O U N D/J U STI F I CATION: The owners of Lots 1-17 Block 4, Riverwood National located north of 92nd Street at Kaiser Circle NE form Riverwood Townhouse Association. Riverwood Townhouse Association has applied for an amendment to the PUD Development Stage Plan for Riverwood National approved by the City Council on 8 July 2002 to eliminate the rear yard setback requirement for Lots 1-17, Block 4, Riverwood National to allow for potential additions to the single family villa homes, including porches and decks, to the rear of the buildings. A public hearing was held by the Planning Commission at their meeting on 21 September 2020. Mr. Stephen Shea, President of the Riverwood Townhouse Association was present as the applicant. There were no public comments. The Planning Commission discussed the elimination of the rear setback requirement and maintenance of Outlot M. The Planning Commission had no concerns with the request given the common open space being maintained by an active association. The public hearing was closed and the Planning Commission voted 6-0 to recommend approval. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 17 September 2020 ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve a PUD Development Stage Plan amendment for Lots 1-17, Block 4, Riverwood National subject to the conditions as stated on the findings of fact and decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: NA TPC The Planning Company PLANNING REPORT TO: FROM: REPORT DATE ACTION DATE RE: TPC FILE: BACKGROUND 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com Otsego Planning Commission D. Daniel Licht, AICP 17 September 2020 24 October 2020 Otsego — Riverwood National; Lots 1-17, Block 4 101.02 The owners of Lots 1-17 Block 4, Riverwood National located north of 92"d Street at Kaiser Avenue form Riverwood Townhouse Association. Riverwood Townhouse Association has applied for an amendment to the PUD Development Stage Plan for Riverwood National approved by the City Council on 8 July 2002 to eliminate the rear yard setback requirement for Lots 1-17, Block 4, Riverwood National to allow for potential additions to the single family villa homes, including porches and decks, to the rear of the buildings. Exhibits: Site location map Site location map (detail) ANALYSIS The PUD Development Stage Plan for Riverwood National establishes a 10 foot rear yard setback for the single family villa lots within the subdivision. Many, if not most, of the single family villa homes within Lots 1-17, Block 4 have been built to this setback line. Property owners would like to be able to add on to the rear of the structures with decks or porches but are unable to do so. Outlot M is platted at the outside perimeter of Lots 1-17, Block 4 and is owned by Riverwood Townhouse Association. Outlot M is 5 feet in width at its narrowest point and expands out to more than 70 feet in width near 92"1 Street; Outlot M is at least 25 feet wide between Lots 10- 17, Block 4 abutting the rear lot line of the 2 rural single family lots to the east that are accessed from Kahler Avenue. Other than the 2 rural single family lots, Outlot M abuts Outlot A that is part of the Riverwood National golf course. Outlot M is also overlaid entirely by drainage and utility easement Outlot M functions as common open space for Lots 1-17, Block 4, which provides adequate minimum separation of the single family villas from the surrounding golf course and adjacent 2 rural single family lots. This allows for the area within Lots 1-17, Block 4 to be considered as unit lots for the single family villas. Unit lots are the property subdivided for private ownership of individual townhouse dwellings encompassing the structure with setbacks applied between buildings or to property lines at the perimeter of the common open space. Therefore, the request to eliminate the rear yard setback requirement for within Lots 1-17, Block 4 is consistent with the application of setbacks for townhouses and single family villas platted in a unit and base lot configuration. Consideration of the PUD Development Stage Plan amendment is to be based upon, but not limited to, the criteria outlined by 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. Comment: Use of a unit and base lot approach to subdivisions for townhouse and single family villa dwellings is consistent with the policy of the 2012 Comprehensive Plan to "encourage innovation in subdivision design and housing". 2. The proposed use's compatibility with present and future land uses of the area. Comment: Amending the PUD Development Stage Plan to allow for Lots 1-17, Block 4 to function as unit lots and Outlot M to function as a common open space base lot will ensure compatibility with the abutting golf course and 2 rural single family lots abutting the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed use of Lots 1-17, Block 4 will comply with the provisions of the Zoning Ordinance and Subdivision Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed PUD Development Stage Plan amendment will not have any impact on traffic generation. 2 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed PUD Development Stage Plan amendment will not have any effect on the City"s service capacity. RECOMMENDATION City staff recommends approval of the application by Riverwood Townhouse Association as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a PUD Development Stage Plan amendment for Lots 1-17, Block 4, Riverwood National subject to the following conditions: 1. There shall be no rear yard setback for Lot 1-17, Block 4 Riverwood National. 2. Outlot M, Riverwood National shall be maintained as common open space by the homeowners association for Lots 1-17, Block 4. 3. No structures shall be constructed or encroach upon Outlot M, Riverwood National. 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 7 Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑c ❑t 0 Parcels Site Location Overview Legend Roads CSAHCL — CTYCL vM11111C3411 — PRIVATECL — TWPCL Highways Interstate State Hwy - US Hwy City/Township Limits C El t 0 Parcels 22 Sep 2020 0tCITY F o MINNESOTA FINDINGS &DECISION PUD-CUP Amendment APPLICANT: Riverwood Townhouse Association APPLICATION: Request to amend the PUD Development Stage Plan for Lots 1-17, Block 4 Riverwood National regarding rear yard setbacks. CITY COUNCIL MEETING: 28 September 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 1-17, Block 4; and Outlot M; Riverwood National, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the West Sewer District and is guided for rural land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD Planned Unit Development District. D. The applicant is proposing to amend the PUD Development Stage Plan approved by the City Council on 8 July 2002 to remove the rear yard setback requirement for these townhouse unit lots. E. 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: Use of a unit and base lot approach to subdivisions for townhouse and single family villa dwellings is consistent with the policy of the 2012 Comprehensive Plan to "encourage innovation in subdivision design and housing". 2. The proposed use's compatibility with present and future land uses of the area. Finding: Amending the PUD Development Stage Plan to allow for Lots 1-17, Block 4 to function as unit lots and Outlot M to function as a common open space base lot will ensure compatibility with the abutting golf course and 2 rural single family lots abutting the subject site. 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 use of Lots 1-17, Block 4 will comply with the provisions of the Zoning Ordinance and Subdivision Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed PUD Development Stage Plan amendment will not have any impact on traffic generation. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding:The proposed PUD Development Stage Plan amendment will not have any effect on the City's service capacity. F. The planning report dated 17 September 2020 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 21 September 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 6-0 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. There shall be no rear yard setback for Lot 1-17, Block 4 Riverwood National. 2. Outlot M, Riverwood National shall be maintained as common open space by the homeowners association for Lots 1-17, Block 4. 3. No structures shall be constructed or encroach upon Outlot M, Riverwood National. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 281h day of September, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: 2 By: Tami M. Loff, City Clerk