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Item 5.1 Kittredge Crossings 7th AdditionF Ott eo MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ,,/ Planning ,,/ ,i/� , ,, ✓ /,ice, �ii,, City Planner Licht / .�� �, , aii 14 December 2020 City Planner Licht i/ i/Alf— E / City Administrator/Finance Director Flaherty 5.1— Kittredge Crossings 7th STRATEGIC VISION 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 No recommendation. No I Held by the Planning Commission 7 December 2020 Kittredge Crossings 7th Addition final plat and PUD Development Stage Plan was proposed by Darrel A. Farr Development and approved by the City Council on 15 September 2005. Kittredge Crossings 7th Addition includes 56 townhouse dwellings within 10 back-to-back buildings located at the southwest quadrant of Kalland Avenue and 74th Street as a second phase of the back-to-back townhomes platted in Kittredge Crossings 3rd Addition. TC Homes, Inc. acquired the 6 building unit lots in 2018 that were vacant after the failure of Darrel A. Farr Development. TC Homes, Inc. has constructed four of the six buildings. It was brought to the City's attention in September 2020 that the four buildings do not comply with the 25 foot setback required from the garage faces to the back of curb of the private drive established with the PUD Development Stage Plan for Kittredge Crossings 7th Addition. These four buildings are complete and cannot be changed to comply with the setback requirement and will continue as non -conforming structures due to an administrative error by the City. TC Homes, Inc. is requesting consideration of an amendment of the Kittredge Crossings 7th Addition PUD Development Stage Plan to reduce the required setback from the garage face to the private drive for the remaining two buildings. The setback is proposed to be reduced from 25 feet to 16 feet. The alternative action would be for TC Homes, Inc. to revise their building plans to comply with the established setback requirements. A public hearing to consider the request was held by the Planning Commission meeting on 7 December 2020. Mr. Brian Tutt of TC Homes, Inc. was present as the applicant, Written comments were submitted regarding the application and one resident spoke at the public hearing in opposition to the request. The Planning Commission questioned Mr. Tutt on their responsibility for the setback error notwithstanding the City's error in review of the submitted plans. None of the Planning Commission supported the requested reduction in the setback to 16 feet. A compromise setback of 20 feet was proposed after Mr. Tutt said this could likely be accommodated with revisions to the current plan short of a full redesign. A motion to recommend City Council approval of a PUD-CUP amendment to reduce the setback to 20 feet failed by a 3-3 motion. As such no recommendation is presented to the City Council. City staff has drafted findings for either approval of the application or denial. ■ Planning Report dated 3 December 2020 ■ Findings of Fact and Decision for approval ■ Findings of Fact and Decision for denial POSSIBLE MOTIONS Motion to approve a PUD-CUP amendment for Kittredge Crossings 7th Addition, subject to the stipulations as stated in the Findings of Fact and Decision as presented. Motion to deny the request for a PUD-CUP amendment for Kittredge Crossings 71h Addition based upon the Findings of Fact and Decision as presented. BUDGET INFORMATION ����i�f/////,i/1,/ulr�, NA ITEM 3-.1 TPC The Planning Company PLANNING REPORT TO: FROM: REPORT DATE 60-DAY DATE: RE: TPC FILE: BACKGROUND 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com Otsego Planning Commission D. Daniel Licht, AICP 3 December 2020 5 January 2021 Otsego — Kittredge Crossings 71h Addition PUD amendment 101.02 Kittredge Crossings 71h Addition final plat and PUD Development Stage Plan was proposed by Darrel A. Farr Development and approved by the City Council on 15 September 2005, Kittredge Crossings 7th Addition includes 56 townhouse dwellings within 10 back-to-back buildings located at the southwest quadrant of Kalland Avenue and 74th Street as a second phase of the back-to-back townhomes platted in Kittredge Crossings 3rd Addition. TC Homes, Inc. acquired the 6 building unit lots in 2018 that were vacant after the failure of Darrel A. Farr Development. TC Homes, Inc. has constructed four of the six buildings. It was brought to the City's attention in September 2020 that the four buildings do not comply with the 25 foot setback required from the garage faces to the back of curb of the private drive established with the PUD Development Stage Plan for Kittredge Crossings 7th Addition. These four buildings are complete and cannot be changed to comply with the setback requirement and will continue as non -conforming structures due to an administrative error by the City. TC Homes, Inc. is requesting consideration of an amendment of the Kittredge Crossings 7th Addition PUD Development Stage Plan to reduce the required setback from the garage face to the private drive for the remaining two buildings. The setback is proposed to be reduced from 25 feet to 16 feet. The alternative action would be for TC Homes, Inc. to revise their building plans to comply with the established setback requirements. A public hearing to consider the request has been noticed for the Planning Commission meeting on 7 December 2020. Exhibits: • Site Location Map ■ Site Plan ANALYSIS Setbacks. Buildings within Kittredge Crossings 71h Addition are subject to the following lot setbacks established for the Kittredge Crossings PUD District. The site and building plans approved on 15 September 2005 for Kittredge Crossings 7th Addition conformed to these requirements. Front Side Rear Between Bldgs. on private Wetland or EArterialrLocal Minor Base LotCollector Drives 65 ft. 35 ft. 10 ft. 20 ft. 20 ft. 25 ft. 40 ft. Unit/Base Lot. Kittredge Crossings 7th Addition is platted in a unit and base lot configuration whereby a lot is established for the property underneath and at the perimeter of a building, or individual units within a building, which is within the surrounding property that includes common yards and private drives known as the base lot. The setback requirements for a unit and base lot subdivision are not measured based on the unit lot boundaries, thus the specification of setbacks applicable between buildings and between the buildings and private drives within the base lot. Revised Building Design. TC Homes, Inc. presented its own building plans for the six vacant unit lots for building permit review. Note that five of the townhouse dwelling units within the building to be constructed at the northwest corner of the base lot will be accessed from the private drive to the west within Kittredge Crossings 3,d Addition. The proposed buildings are within the established unit lots but it was not identified that the building footprint was wider and the setbacks to the back -of -curb from the garage face was not verified. TC Homes, Inc. is requesting that the setback between the private drive and garage face for the remaining two buildings (14 units) be reduced to 16 feet. Off -Street Parking. Section 11-21-9 of the Zoning Ordinance requires townhouse dwellings to provide two off-street parking stalls per dwelling unit. These are provided for within the attached garage of each townhouse dwelling. The purpose of the 25 foot setback is to allow space on the driveway apron to park a vehicle outside the garage while maintaining visibility along the private drive for other vehicles or pedestrians. The table below outlines the length of common vehicles relative to the ability to park on the driveway apron with the requested 16 foot setback: 202-0/21 Vehicles Length Volkswagen Golf 14.Oft. Honda CR-V 15.2ft. Toyota Camry 16.1ft. Ford Explorer 16.6ft. Chrysler Pacifica 17.0ft. Chevrolet Suburban 18.8ft. Ford F-150 SuperCab 19.3ft. Ford 1-150 SuperCrew 20.3ft. The proposed 16 foot setback between the garage face and back -of -curb of the private drive is the typical depth of a compact car stall. The table above shows that a midsize sedan or larger vehicle would be likely to overhang the curb. The private drives are 28 feet in width so a vehicle overhanging the curb is will not obstruct access. However, if the setback reduction is approved, City staff recommends that parking on the shorter driveways be prohibited and the private drives be posted as fire lanes, which would provide an enforcement mechanism for the homeowners association and/or the City. There are 17 existing guest parking stalls within the base lot, which can be expanded to 26 parking stalls with modifications of the private drive curb lines as shown on the site plan. The two westerly north -south driveways could be extended and striped at the terminus end to provide 6 additional off-street parking stalls. Additionally, there is space for 22 parking stalls along the south side of 74th Street abutting the north line of the base lot. The site plan shows construction of sidewalk from the private drives to 74th Street to provide access to these parking stalls. City staff would recommend that on -street parking on 74th Street between Kahler Circle and Kalland Avenue be posted as a no parking zone from 2:OOAM to 6:OOAM to prevent over -night parking. The number of potential off-street and on -street parking stalls available for guest parking within the development is more than 0.5 stalls per dwelling unit, which is consistent with the parking generation for townhouse dwellings. This does not include the 34 spaces that would be available on the driveway apron for the townhouse buildings that were constructed in compliance with the 25 foot setback requirement. RECOMMENDATION TC Homes, Inc. is requesting an amendment of the PUD Development Stage Plan for Kittredge Crossings 7th Addition to correct an administrative error made in the review of their building plans. The setback requirement that is the subject of the requested amendment was established with primary intent to ensure functionality of the private drives and off-street parking within the townhouse development. TC Homes is proposing to address these issues by providing additional off-street guest parking stalls and utilizing available on -street parking along 74th Street. Our office recommends approval of the application as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a PUD Development Stage Plan amendment for Kittredge Crossings 7th Addition, subject to the following conditions: 1. The minimum setback between the garage face and back -of -curb of the private drive shall be 16 feet. There shall be no parking allowed upon the driveway between the building and back -of -curb of a private drive for any building setback less than 25 feet. 3. TC Homes, Inc. shall construct additional guest parking stalls as shown on the site plan and extend/stripe additional guest parking stalls on the two westerly north - south private drives, subject to review and approval of the City Engineer. 4. The City Council shall adopt a resolution designating the private drives within the base lot as fire lanes except for designated off-street parking stalls. 5. The City Council shall adopt a resolution establishing a No Parking Zone from 2:OOAM to 6:OOAM each day for 701 Street between Kahler Circle and Kalland Avenue. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the intent of the Zoning Ordinance and Kittredge Crossings PUD District. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Bethany Benting, Deputy City Clerk Ron Wagner, City Engineer David Kendall, City Attorney fv Site Location Map Overview Legend Roads — CSAHCL --• CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c El t Parcels Torrens w iz -717N9i1 y oN77V-V i L--------------------- D. DANIEL LICHT From: Jim DeRocher<JDerocher@greinerconstruction.com> Sent: Monday, November 30, 2020 1:59 PM To: DDL@planningco.com Cc: Jesse Boyer Subject: Public Hearing 12/7/2020 I have a hard time believing that the City of Otsego will let the building of these townhomes to continue without the proper setback that all the other builders have to abide by I What's it going to take ? A child getting killed because the truck wouldn't fit in the driveway ? Two wrongs in this instance will not make a right. It's hard to believe the city would allow them to continue. There's a lot of traffic on these roads a accident is going to happen 1 Why can't they change the design of these townhomes to accommodate the code ? Also your site location map is rather confusing on what they propose on building 1 Has the association been notified ? Who's responsible in the case there is a accident ? The City ? The Association ? C11 Jim DeRocher Superintendent Greiner Construction 612.499.6826 cell 612.338.1696 corporate www.greinerconstruction.com 40 Ot�ceF o MINNESOTA C� APPLICANT: TIC Homes, Inc. 8 Dec 2020 FINDINGS & DECISION PUD-CUP Amendment APPROVAL APPLICATION: Request to amend the PUD Development Stage Plan for Kittredge Crossings 7th Addition to reduce the setback required for private drives. CITY COUNCIL MEETING: 14 December 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 Lot 1, Block 11 and Lot 1, Block 16, Kittredge Crossings 7th Addition, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the West Sewer District and is guided for Medium -to -High Density Residential uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District. D. The applicant is requesting to amend the PUD Development Stage Plan approved by the City Council on 15 September 2005 to reduce the required setback for buildings from private drives to 16 feet. 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: The 2012 Comprehensive Plan guides the subject site for medium -to -high density residential uses to expand lifecycle housing options and as an alternative to traditional single family dwellings consistent with the following policies: ■ Encourage housing styles and development techniques that conserve land and increase efficiency provided that guided densities are not exceeded. The proposed use's compatibility with present and future land uses of the area. Finding: The subject sites are the remaining vacant unit lots within Kittredge Crossings 3rd and 7th Addition. The proposed townhouse buildings are consistent with the number of units of the approved PUD Development Stage Plan. The requested PUD Development Stage Plan amendment would result in a loss of potential off-street parking stalls on driveway aprons, but the builder will construct additional off-street guest parking stalls to provide adequate parking supply to avoid compatibility issues. 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 buildings will comply with the requirements of the Zoning Ordinance as well as the amended 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 affect traffic generation within Kittredge Crossings. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service cap Finding: The requested PUD-CUP amendment will not affect the City's service capacity with respect to Kittredge Crossings. The planning report dated 3 December 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 7 December 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 a motion to recommend that the City Council approve the request based on the aforementioned findings failed by a 3-3 vote. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. The minimum setback between the garage face and back -of -curb of the private drive shall be 16 feet. 2. There shall be no parking allowed upon the driveway between the building and back -of -curb of a private drive for any building setback less than 25 feet. 3. TC Homes, Inc. shall construct additional guest parking stalls as shown on the site plan and extend/stripe additional guest parking stalls on the two westerly north -south private drives, subject to review and approval of the City Engineer. 4. The City Council shall adopt a resolution designating the private drives within the base lot as fire lanes except for designated off-street parking stalls. 5. The City Council shall adopt a resolution establishing a No Parking Zone from 2:OOAM to 6:OOAM each day for 74th Street between Kahler Circle and Kalland Avenue. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 141" day of December, 2020. CITY OF OTSEGO .12 Jessica L. Stockamp, Mayor Attest: By: Bethany Benting, Deputy City Clerk Ot�Ty , #> F o MINNESOTA g APPLICANT: TC Homes, Inc. RVITMAMM FINDINGS & DECISION PUD-CUP Amendment DENIAL APPLICATION: Request to amend the PUD Development Stage Plan for Kittredge Crossings 71" Addition to reduce the setback required for private drives. CITY COUNCIL MEETING: 14 December 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 Lot 1, Block 11 and Lot 1, Block 16, Kittredge Crossings 7th Addition, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the West Sewer District and is guided for Medium -to -High Density Residential uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District. D. The applicant is requesting to amend the PUD Development Stage Plan approved by the City Council on 15 September 2005 to reduce the required setback for buildings from private drives to 16 feet. 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: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan guides the subject site for medium -to -high density residential uses to encourage housing styles and development techniques that conserve land and increase efficiency provided that guided densities are not exceeded. Approval of the Kittredge Crossings 7th Addition PUD Development Stage Plan established standards for development quality to ensure desired community character consistent with the policies of the Comprehensive Plan. The requested PUD Development Stage Plan amendment would reduce the required setbacks to less than required to allow for parking on the individual driveway aprons without interfering with use of the private driveway or limiting visibility for vehicles and pedestrians not consistent with the intent of the requirements established by the PUD Development Stage Plan for Kittredge Crossings 7th Addition. The proposed use's compatibility with present and future land uses of the area. Finding: The subject sites are the remaining vacant unit lots within Kittredge Crossings 3'd and 7tn Addition. The requested PUD Development Stage Plan amendment would result in a loss of potential off-street parking stalls on driveway aprons, or for vehicles parked on the driveway apron, cause these vehicles to overhang the private drive. Vehicles overhanging the private drive may interfere with access, visibility, and maintenance causing compatibility and functionality issues within Kittredge Crossings 7tn Addition. but the builder will construct additional off-street guest parking stalls to provide adequate parking supply to avoid compatibility issues. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed setback reduction does not comply with the requirements of the Kittredge Crossings PUD District or intent of the Zoning Ordinance for off-street parking and access and visibility from private drives. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The requested PUD-CUP amendment will not affect traffic generation within Kittredge Crossings but may impede access and visibility for vehicles and pedestrians using the private drives. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service cap Finding: The requested PUD-CUP amendment will not affect the City's service capacity with respect to Kittredge Crossings. F. The planning report dated 3 December 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 7 December 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 a motion to recommend that the City Council approve the request based on the aforementioned findings failed by a 3-3 vote. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby DENIED. K MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 141h day of December, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: By: Bethany Benting, Deputy City Clerk