ITEM 4.1 Arbor Creek 3rd AdditionRequest for
CIeO
TY OF City Council Action
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MINNESOTA V
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning City Planner Licht 23 June 2014
PRESENTER(s): REVIEWED BY: ITEM #:
City Planner Licht City Administrator Johnson 4.1— Arbor Creek 3`d Addition
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a PUD -CUP amendment reducing the setback required from MacIver
Avenue for abuttin>; residential rear vards within Arbor Creek 3`d Addition from 65 feet to 50 feet.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IM
BACKGROUND/JUSTIFICATION:
IS A PUBLIC HEARING REQUIRED?
Held by Planning Commission on 16 June 2014.
The Planning Commission held a public hearing at the meeting on 16 June 2014 to consider the request
of KHovnanian Homes for flexibility from the rear yard setback requirement for lots abutting the east
side of MacIver Avenue. Mr. Tom Bakritges of KHovnanian Homes was present as the applicant.
There were no public comments. The Planning Commission concurred with the recommendation of
City staff that the flexibility in the setback requirement in order to accommodate a wider range of house
styles within the previously platted and developed subdivision was appropriate and that the proposed
landscaping enhancements would maintain consistency with the intent of the Zoning Ordinance. The
Planning Commission closed the public hearing and voted 6-0 to recommend approval of the
application. Findings of fact consistent with the Planning Commission's recommendation are attached
for consideration at the City Council meeting on 23 June 2014.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 10 June 2014
B. Findings of Fact
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve a PUD -CUP for Arbor Creek 3`d Addition amendment for Arbor Creek 3 t Addition
allowing a reduction in the setback required for lots abutting the east side of MacIver Avenue from 65
feet to 50 feet as outlined by the findings of fact as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
OtsTe F o
MINNESOTA
APPLICANT: KHovnanian Homes of MN, LLC
06-18-14
FINDINGS & DECISION
PUD -CUP AMENDMENT
APPLICATION: Request for approval of a PUD -CUP amendment for Arbor Creek 3 t Addition
allowing a reduction in the setback required for lots abutting the east side of MacIver Avenue from
65 feet to 50 feet.
CITY COUNCIL MEETING: 23 June 2014
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 1-7, Block 4, 1-10, Block 7 and Lots 1-6, Block 13,
Arbor Creek 3rd Addition, City of Otsego, County of Wright, State of Minnesota.
B. The property lies within the West Sanitary Sewer Service District and is guided for low
density residential land uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned R-4, Single Family Residential District, which allows single family
dwellings as a permitted use.
D. The applicant is requesting a PUD -CUP amendment to reduce the required setback for rear
yards abutting MacIver Avenue from 65 feet to 50 feet.
E. The Planning Commission and City Council must take into consideration the possible effects
of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The policies of the Comprehensive Plan establish that residential
neighborhoods are to be protected from adverse environmental impacts such as
noise, air and visual pollution by locating major roadways at the boundaries of
neighborhoods and mitigation through site planning. The 65 foot setback and
residential bufferyard requirements established by the Zoning Ordinance for lots
abutting arterial and collector streets serve to implement these policies. The
proposed reduction in the required setback from Maclver Avenue and enhanced
bufferyard landscaping for the subject lots in Arbor Creek 3rd Addition is consistent
with the policies of the Comprehensive Plan and intent of the Zoning Ordinance
regulations.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed 50 foot setback from Maclver Avenue and enhanced
landscaping within the bufferyard will be sufficient to mitigate potential environmental
impacts associated with the traffic on MacIver Avenue now and in the future.
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 comply with all requirements of the Zoning Ordinance except as
proposed to be modified by the PUD -CUP amendment.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed PUD -CUP amendment will not affect 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 -CUP amendment will not affect the City's service
capacities.
F. The planning report dated 10 June 2014 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission held a public hearing at their regular meeting on 16 June
2014 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and 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 and is subject to the following conditions:
The setback from MacIver Avenue for Lots 1-7, Block 4, 1-10, Block 7 and Lots 1-6, Block
13, Arbor Creek 3rd Addition shall be fifty (50) feet.
2. The developer shall install landscaping within the yards abutting MacIver Avenue in
accordance with the submitted landscape plan and the requirements of Section 20-16-7.C.2
of the Zoning Ordinance.
3. The developer shall provide a security with each phase of the buildout of Arbor Creek 3rd
Addition for the installation of landscaping in accordance with the submitted landscape plan.
4. The developer shall warranty the plantings installed in accordance with the landscape plan
as healthy and alive for a period of two (2) years from the date of installation.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
ADOPTED by the City Council of the City of Otsego this 23rd day of June, 2014.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk