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4.1 Northwater Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 26 July 2021 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 4.1 – Northwater 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: City staff recommends approval of a Zoning Map amendment, preliminary plat, PUD-CUP, and vacation of drainage and utility easements. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 19 July 2021. BACKGROUND/JUSTIFICATION: Tamarack Development – Martin Farms, LLC has submitted plans for development of Outlots C, D, and E, Martin Farms located north of 70th Street (CSAH 38) and east of Maciver Avenue. The 47.35 acre subject site is to be subdivided into 97 single family lots, six outlots, and public rights-of-way. D.R. Horton is to be the builder for the single family homes within the subdivision. The proposed development requires consideration of applications for a preliminary plat, PUD-CUP, and vacation of existing drainage and utility easements. A public hearing to consider the applications was held by the Planning Commission meeting on 19 July 2021. Mr. Dale Willenbring of Tamarack Development was present as the applicant and agreed with the recommendations of City staff. Ms. Deb Ridgeway of D.R. Horton was also present. During the public hearing, one resident of Martin Farms that is immediately north of the proposed development spoke about concerns for privacy in her rear yard and windows on the rear of her home. The Planning Commission noted that this resident’s lot is separated from the new homes by wetlands and storm basins increasing the distance between homes. It was also noted that the amendment approved for this block of Martin Farms regarding wetland buffers would allow planting of trees in the rear yard of the resident’s lot. The public hearing was closed. The Planning Commission had no other concerns. The Planning Commission voted 6-0 to recommend approval of the applications in accordance with the findings of fact and decision documents as presented. SUPPORTING DOCUMENTS ATTACHED: ▪ Planning Report dated 13 July 2021 ▪ Engineering Review dated July 16, 2021 ▪ Findings of Fact and Decision (Zoning Map) ▪ Ordinance 2021-14 ▪ Findings of Fact and Decision (Preliminary Plat/PUD-CUP) ▪ Resolution 2021-55 vacating drainage and utility easements POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2021-14 amending the Zoning Map, approve a preliminary plat and PUD-CUP for Northwater subject to the conditions stated on the findings of fact and decision as presented, and adopt Resolution 2021-55 vacating existing drainage and utility easements. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D.Daniel Licht, AICP REPORT DATE: 13 July 2021 60-DAY DATE:21 August 2021 RE: Otsego -Northwater; Preliminary Plat TPC FILE: 101.02 BACKGROUND Tamarack Development -Martin Farms, LLC has submitted plans for development of Outlots C, D, and E, Martin Farms located north of 70th Street {CSAH 38} and east of Maciver Avenue. The 47.35 acre subject site is to be subdivided into 97 single family lots, six outlots, and public rights-of-way. The proposed development requires consideration of applications for a preliminary plat, PUD-CUP, and vacation of existing drainage and utility easements. A public hearing to consider these applications has been noticed for the Planning Commission meeting on 21 July 2021. Exhibits: •Site Location Map•July 8, 2021 neighborhood meeting developer's notes•Martin Farms Concept Plan•Plat illustration•Preliminary Plans dated 06/22/21 (28 sheets) ANALYSIS Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for Medium-to­ High Density residential uses. The guided land use reflects the original plans for Martin Farms that would develop the subject site with 185 row town homes. The City allows for development 1 Review No. 1 ENGINEERING REVIEW Residential Subdivision Preliminary Plat for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator Audra Etzel, City Clerk Dan Licht, City Planner Dave Kendall, City Attorney Chis Froemke, Westwood Professional Services Dale Willenbring, Tamarack Land Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: July 16, 2021 Proposed Development: Northwater Development Location: PID 118197000030, 118197000040, & 1188197000050 Martin Farms Outlots C, D and E located near the SW corner of Section 30, T121R23 Applicant: Dale Willenbring, Tamarack Land Development, LLC Developer: Tamarack Land Development, LLC Dale Willenbring 1536 Beachcomber Blvd Waconia, MN 55387 Owners of Record: Tamarack Land Development, LLC Purpose: Northwater is a proposed 97 lot single-family lot residential development on approximately 41.34 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. PAGE 2 S:\Municipal\Aotsego23xx\2352 Northwater\OT2352 RVW1 Prel Plat.docx Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County PAGE 3 S:\Municipal\Aotsego23xx\2352 Northwater\OT2352 RVW1 Prel Plat.docx TABLE OF CONTENTS INFORMATION AVAILABLE COVER SHEET EXISTING CONDITIONS (2 sheets) PRELIMINARY PLAT OVERALL GRADING PLAN PRELIMINARY GRADING PLAN (4 sheets) PRELIMINARY UTILITY PLAN (4 sheets) PRELIMINARY STORM SEWER PLAN PRELIMINARY STREET PROFILES (2 sheets) PRELIMINARY STORM WATER POLLUTION PREVENTION PLAN DETAILS SUMMARY AND/OR RECOMMENDATION PAGE 4 S:\Municipal\Aotsego23xx\2352 Northwater\OT2352 RVW1 Prel Plat.docx INFORMATION AVAILABLE Preliminary Plans for Northwater, dated 6/23/2021, by Westwood Professional Services, Inc. Storm Water Management Plan for Northwater, dated 6/22/2021, by Westwood Professional Services, Inc. Geotechnical Report for Northwater, dated 1/16/2003, by Haugo Geotechnical Services. Wetland Delineation by Kjolhaug Environmental Services Additional Information Minnesota Rules, Chapter 4410 – EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 5 S:\Municipal\Aotsego23xx\2352 Northwater\OT2352 RVW1 Prel Plat.docx COVER SHEET 1. Plans shall be signed by a registered engineer. EXISTING CONDITIONS 2. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated 3. Existing zoning classifications for land in and abutting the subdivision. 4. Total area of the proposed plat. 5. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership within 150’. 6. Locations and results of soil borings, percolation tests, etc. PRELIMINARY PLAT 7. Street horizontal curve data is missing although the streets appear to meet minimum Otsego design standards. 8. Show the 40’ building setbacks from the delineated wetland edges. 9. Due to sections of sidewalks likely to be maintained by City the portions of sidewalk from MacIver Ave to Street D and from 70th St to Street A shall be 10’ bituminous trail. 10. County ROW throughout plat along CSAH 38 shall be 70’ from centerline. PRELIMINARY GRADING PLAN 11. Wetland 8 outlet shall be in storm sewer rather than overland through back yards is possible. 12. Storm sewer connection at north end of Street A appears to be a FES and should connect directly to existing storm sewer 13. Outlet storm sewer from Pond 4 shall be FES. PRELIMINARY UTILITY 14. Pond 2 outlet storm sewer shall be FES. PAGE 6 S:\Municipal\Aotsego23xx\2352 Northwater\OT2352 RVW1 Prel Plat.docx 15. Pond 7 outlet storm sewer shall be FES 16. A watermain loop between the west end of Street A north west to MacKenzie Ave is required.. 17. Outlet storm sewer from Pond 9 shall be FES. 18. Outlet storm sewer from Pond 10 shall be FES. PRELIMINARY STREET PROFILES 19. No comments at this time. PRELIMINARY STORM WATER POLLUTION PREVENTION PLAN 20. MacKenzie Avenue has a storm sewer stub for outlet of Wetland 1. This will need extension and FES. 21. A complete review of storm water and SWPPP will occur during the final plat process but proposed storm water routing appears accurate. DETAILS 22. No Comments. PRELIMINARY WETLAND IMPACTS AND BUFFER PLAN 23. Comment period for proposed wetland impact and replacement plan ended 7/16/2021. Some additional information is being request by the TEP. Wetland delineation has been approved. OTHER CONSIDERATIONS 24. No Comments. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. 1 20 Jul 21 FINDINGS & DECISION Zoning Map Amendment APPLICANT: Tamarack Land – Martin Farms, LLC APPLICATION: Request to amend the Zoning Map for land included in the preliminary plat of Northwater. CITY COUNCIL MEETING: 26 July 2021 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 Outlot C, D, and E, Martin Farms, City of Otsego, Wright County, State of Minnesota. B. The property lies within the West Sewer District and is guided Medium-to-High Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-6, Residential Medium Density District. D. The applicant is proposing to amend the Zoning Map to zone the property to R-5, Residential Single and Two Family District to allow for the Northwater preliminary plat. 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 11-3-2.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 policy to encourage housing styles and development techniques that conserve land and increase efficiency provided that guided densities are not exceeded. The flexibility in minimum lot area and the averaging of wetland buffers requested under the Zoning Map amendment and PUD-CUP follows the City’s past practices for subdivisions within the sewer districts to provide a variety of lot sizes and subdivision layouts related to the natural conditions of the property being subdivided. The requested Zoning Map amendment and PUD-CUP is consistent with policies of the 2012 Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is an infill parcel surrounded by existing development shown in the table below. The proposed single family lots shown on the preliminary plat are similar in character to the established Martin Farms neighborhood to north and east. 2 Direction Land Use Plan Zoning Map Existing Use North LD Residential R-6 District Martin Farms East LD Residential R-6 District Marin Farms South LD Residential R-6 District Heritage Pointe West MD-HD Residential R-6 District Martin Farms 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 preliminary plat will comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual except as modified by the PUD- CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed preliminary plat has accesses to 70th Street (CSAH 38) and MacIver Avenue. The Transportation Plan designates 70th Street (CSAH 38) as a minor arterial roadway providing connection between I-94 and TH 101. MacIver Avenue is designated as a major collector street by the Transportation Plan. Both 70th Street (CSAH 38) and MacIver Avenue have been improved to standards with capacity to accommodate traffic generated by development of abutting parcels, including the proposed 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 proposed preliminary plat is an infill development surrounded by existing subdivisions within the West Sewer District. The City has in-place utilities and services necessary to serve the proposed development planned for as part of the Comprehensive Plan. The proposed development will not overburden the City’s service capacity. F. The planning report dated 13 July 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated July 16, 2021 prepared by the City Engineer, Hakanson Anderson, Inc. is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 19 July 2021 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. 3 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of July, 2021. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk ORDINANCE NO.: 2021-14 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND INCLUDED WITHIN THE PLAT OF NORTHWATER. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described as Outlot C, D, and E, Martin Farms. Section 2. The property is hereby rezoned from an R-6, Residential Medium Density District designation to R-5, Residential Single and Two Family District. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are her eby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of July, 2021. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:__________________________ Audra Etzel, City Clerk 1 20 Jul 21 FINDINGS & DECISION Preliminary Plat/PUD-CUP APPLICANT: Tamarack Land – Martin Farms, LLC APPLICATION: Request for approval of a preliminary plat to be known as Northwater. CITY COUNCIL MEETING: 26 July 2021 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 Outlot C, D, and E, Martin Farms, City of Otsego, Wright County, State of Minnesota. B. The property lies within the West Sewer District and is guided Medium-to-High Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-5, Residential Single and Two Family District. D. The applicant is requesting approval of a preliminary plat and PUD-CUP for 97 single family 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: The 2012 Comprehensive Plan establishes policy to encourage housing styles and development techniques that conserve land and increase efficiency provided that guided densities are not exceeded. The flexibility in minimum lot area and the averaging of wetland buffers requested under the Zoning Map amendment and PUD-CUP follows the City’s past practices for subdivisions within the sewer districts to provide a variety of lot sizes and subdivision layouts related to the natural conditions of the property being subdivided. The requested Zoning Map amendment and PUD-CUP is consistent with policies of the 2012 Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is an infill parcel surrounded by existing development shown in the table below. The proposed single family lots shown on the preliminary plat are similar in character to the established Martin Farms neighborhood to north and east. 2 Direction Land Use Plan Zoning Map Existing Use North LD Residential R-6 District Martin Farms East LD Residential R-6 District Marin Farms South LD Residential R-6 District Heritage Pointe West MD-HD Residential R-6 District Martin Farms 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 preliminary plat will comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual except as modified by the PUD- CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed preliminary plat has accesses to 70th Street (CSAH 38) and MacIver Avenue. The Transportation Plan designates 70th Street (CSAH 38) as a minor arterial roadway providing connection between I-94 and TH 101. MacIver Avenue is designated as a major collector street by the Transportation Plan. Both 70th Street (CSAH 38) and MacIver Avenue have been improved to standards with capacity to accommodate traffic generated by development of abutting parcels, including the proposed 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 proposed preliminary plat is an infill development surrounded by existing subdivisions within the West Sewer District. The City has in-place utilities and services necessary to serve the proposed development planned for as part of the Comprehensive Plan. The proposed development will not overburden the City’s service capacity. F. The planning report dated 13 July 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated July 16, 2021 prepared by the City Engineer, Hakanson Anderson, Inc. is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 19 July 2021 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. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. Right-of-way dedication and construction of access from CSAH 38 shall be subject to Wright County Highway Department review and approval. 3 3. All street design and construction plans shall be subject to review and approval of the City Engineer. 4. Landscaping shall be installed in accordance with the approved landscape plan at the time a certificate of occupancy is issued for each lot. 5. All grading, drainage, wetland buffers and impacts, and erosion control issues shall be subject to review and approval of the City Engineer. 6. A stormwater impact fee for Otsego Creek as established by Section 8-4-1 of the City Code shall be paid the time of final plat approval in accordance with the fee schedule then in effect. 7. All utility plans shall be subject to review and approval of the City Engineer. 8. Utility availability charges shall be paid at the time of final plat approval in accordance with the fee schedule then in effect. 9. All easements shall be subject to review and approval by the City Engineer. 10. Outlots A, B, C, D, E, and F as shown on the preliminary plat shall be deeded to the City for stormwater management purposes. 11. Park dedication requirements for the preliminary plat will be satisfied as payment of a cash fee in lieu of land. 12. Prior to recording of a final plat for any portion of the preliminary plat, the developer shall enter to development contract with the City as drafted by the City Attorney and subject to approval of the City Council in accordance with Section 10-10-4.A of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of July, 2021. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-55 APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF NORTHWATER WHEREAS, Tamarack Land – Martin Farms, LLC has initiated vacation of existing drainage and utility easements dedicated over Outlots C, D, and E, Martin Farms; and, WHEREAS, the City Engineer has reviewed request and determined that the existing drainage and utility easements are unnecessary for public purposes upon recording a final plat for Northwater; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 19 July 2021 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing and voted 6-0 to recommend the City Council approve the vacation request; and, WHEREAS, the Request for Council Action dated 13 July 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public interest; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the existing drainage and utility easements dedicated over Outlot C, D, and E, Martin Farms are hereby vacated. 2. The vacation shall be effective upon recording a final plat for the Northwater preliminary plat. 3. The City Council hereby determines that the vacation of said existing right-of-way and drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of July, 2021. CITY OF OTSEGO BY:______________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk