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11-15-10 PCITEM 3-1 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPCg Plan ni ngCo. com PLANNING REPORT TO: FROM: RE: REPORT DATE TPC FILE: BACKGROUND Otsego Planning Commission Daniel Licht, AICP Otsego — Martin Farms; Source Construction Capital 10 November 2010 ACTION DATE: 12 December 2010 101.02 — 10.24 Source Capital owns a vacant lot in Martin Farms located at 12054 74th Street NE (Lot 1, Block 9 Martin Farms). The subject site is zoned R-4 District. The applicant is seeking an amendment to the PUD -CUP approved for Martin Farms to allow modifications of the setbacks applied to the lot in order to expand the building envelope and increase the range of potential house designs. Lennar Corporation received approval on 9 November 2009 for application of the same setbacks requested by the applicant for 54 lots within the same development. The application has also been noticed to consider possible amendment of the setbacks for the R-4 and R-6 District that would address not only this lot, but others with similar situations. Exhibits: A. Site Location B. Draft Zoning Ordinance ANALYSIS Lot Requirements. The minimum requirements for single family lots within the R-4 are shown below: Min. Lot Area Min. Lot Width Corner Min. Lot Width Interior R-4 12, 000sf. 100ft. 75ft. The Zoning Ordinance was amended on March 13, 2006 to establish increased minimum lot widths for corner lots in the R-4. The increase in minimum lot width was seen as necessary to ensure that there is an adequate building envelope on corner lots subject to a 35 foot setback on side lot line abutting a public street. The Martin Farms preliminary plat was approved on 28 July 2003 predating this change to the Zoning Ordinance. As such all of the lots in Martin Farms, including this corner lot are subject only to the minimum lot width requirements applicable to interior lots for the respective zoning district. The subject lot has an area of 13,538 square feet and width of 90 feet. Setbacks. The table below outlines the required setbacks in the R-4 as well as those proposed by to apply to the subject lot: Based on the more recently adopted minimum lot width and setback requirements for corner lots, the minimum building pad within the R-4 District lot is 55 feet. The lot width and applicable setbacks for the subject lot result in a 45 foot building pad. The application of the setbacks as requested by the applicant would allow for a 53 foot wide building pad. The City has not previously approved flexibility from the setback requirement for side yards abutting public right-of-ways different from that required for the front yard (except for the 54 lots owned by Lennar of which six were corner lots). The intent of requiring the same setback abutting public right-of-way for front and side yards is to maintain a consistent building line along a street for aesthetic and traffic visibility reasons. The subject lot is not unique in that the abutting vacant lot to the north within Arbor Creek has the same lot width and applicable setbacks. The lot immediately to the south of the subject lot in Martin Farms has the same lot width but was approved to have the requested setbacks as part of the Lennar application. As noted above Martin Farms (and Arbor Creek) was preliminary platted before the minimum lot requirements for corner lots were increased after it was recognized that many of the corner lots that had been developed had constrained building sites. This same finding was made as a basis for approving the PUD -CUP amendment for the 54 lots owned by Lennar within Martin Farms. For this reason, the Planning Commission may consider an amendment to the Zoning Ordinance a more appropriate response to this issue than repeated applications for individual lots. Language to amend the Zoning Ordinance to address this situation would be proposed as follows for the R-4 and R-6 Districts: 2 Front Side- Corner Side- Interior Rear Required 35ft. 35ft. 10ft. 20ft. Proposed 35 ft 30 ft. 7ft. 20 ft. Based on the more recently adopted minimum lot width and setback requirements for corner lots, the minimum building pad within the R-4 District lot is 55 feet. The lot width and applicable setbacks for the subject lot result in a 45 foot building pad. The application of the setbacks as requested by the applicant would allow for a 53 foot wide building pad. The City has not previously approved flexibility from the setback requirement for side yards abutting public right-of-ways different from that required for the front yard (except for the 54 lots owned by Lennar of which six were corner lots). The intent of requiring the same setback abutting public right-of-way for front and side yards is to maintain a consistent building line along a street for aesthetic and traffic visibility reasons. The subject lot is not unique in that the abutting vacant lot to the north within Arbor Creek has the same lot width and applicable setbacks. The lot immediately to the south of the subject lot in Martin Farms has the same lot width but was approved to have the requested setbacks as part of the Lennar application. As noted above Martin Farms (and Arbor Creek) was preliminary platted before the minimum lot requirements for corner lots were increased after it was recognized that many of the corner lots that had been developed had constrained building sites. This same finding was made as a basis for approving the PUD -CUP amendment for the 54 lots owned by Lennar within Martin Farms. For this reason, the Planning Commission may consider an amendment to the Zoning Ordinance a more appropriate response to this issue than repeated applications for individual lots. Language to amend the Zoning Ordinance to address this situation would be proposed as follows for the R-4 and R-6 Districts: 2 B. Principal Structure Setbacks.. Except as modified by Section 20 -XX - 6.13.4, the following setbacks shall apply within the R -X District: Front Yard: Setbacks Setbacks From From Right Centerline of -Way Lines Road Class 130 feet 65 feet Principal/Minor Arterial Street 130 feet 65 feet Collector Street 65 feet 35 feet Local Street 35 feet 35 feet From Cul -De -Sac Right -of -Way Where a lot is located at the intersection of two (2) or more streets that bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. 2. Side Yard: Ten(10)feet. 3. Rear Yard: Twenty (20) feet. 4. For lots of record preliminary platted before March 13, 2006 the setback from the side lot line of a corner lot abutting a local street right-of-way may be reduced to thirty (30) feet and the setback from an interior lot line may be reduced to seven (7) feet by approval of an Administrative Permit provided that: a. The principal building and attached garage must be built to the minimum setback from the interior side lot line. b. A revised grading plan for the individual lot shall be submitted with the application for an Administrative Permit based upon the reduced setback requirements, which shall be subject to review and approval of the City Engineer. Criteria. PUD -CUP applications or amendments to the Zoning Ordinance are to be evaluated by based on (but not limited to) the criteria outlined in Section 20-4-2.17 and 20-3-2.F of the Zoning Ordinance, respectively: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The Comprehensive Plan establishes policies to provide for a diversity of single family dwellings to be the primary type of housing in Otsego. The City has approved amendments to the lot requirements within the Zoning Ordinance after the approval of the Martin Farms preliminary plat and previously 3 granted PUD -CUP flexibility to developer/builders to allow flexibility in house design within specific developments consistent with this policy. The requested action is consistent with previous City actions in this regard. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The requested side yard setbacks would to be contingent upon City Engineer approval of a revised grading plan to ensure no negative impacts to the approved drainage pattern between lots. The proposed setbacks are otherwise considered to be a negligible change that will be compatible with adjacent lots, including those with existing homes. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The subject lots will be subject to all applicable requirements of the Zoning Ordinance except as specifically modified by approval of the request. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: Approval of the request will have no effect on traffic. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: Approval of the request will have no effect on public services or facilities. RECOMMENDATION The City has previously allowed flexibility in side yard setbacks for developer/builders based on the constrained width of the building envelope for corner lots approved prior to the City increasing the minimum lot width for these lots. As this issue is not unique either to the lots for which flexibility was previously approved or the subject lot, City staff would recommend approval of an amendment to the Zoning Ordinance as attached hereto. The Planning Commission also may consider only approving a PUD -CUP granting the requested setbacks to the subject lot. 0 POSSIBLE ACTIONS Option 1 — Zoning Ordinance Amendment ■ Motion to approve a Zoning Ordinance amendment modifying the setback requirements of the R-4 and R-6 District to include the language as presented in Exhibit B. Option 2 — PUD CUP ■ Motion to approve a PUD -CUP for Lot 1, Block 9 Martin Farms subject to the following conditions: The following setbacks shall apply to the subject lots: Front Side- Corner Side- Interior Rear 35 ft 30 ft. 7 ft. 20 ft. 2. The principal building and attached garage must be built to the minimum interior side yard setback. 3. A revised grading plan for the lot shall be submitted at the time of building permit application reflecting the revised setback requirements, which shall be subject to review and approval of the City Engineer. Other Possible Actions ■ Motion to deny the application based on a finding the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. ■ Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Patrick Hiller, Source Construction Capital Lot 1, Block 9 Martin Farms Exhibit A Date Created: 11/10/2010 Map Scale: 1 in = 227 ft ew a Plar Cels :Ity)tow»ehlp _Imlts Roads :SAIICL :TYCL NUHICL >RIVATCC L rwPCL ntcmtata i131C I I-ey A I H.y ORDINANCE NO.: 2010 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO RELATED TO SETBACKS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-65-6.13 of the Zoning Ordinance is hereby amended to read as follows: B. Principal Structure Setbacks. Except as modified bV Section 20-65-6.B.4, the following setbacks shall apply within the R-4 District: 1. Front Yard: Setbacks Setbacks From From Right Centerline of -Way Lines 130 feet 65 feet 130 feet 65 feet 65 feet 35 feet 35 feet 35 feet Road Class Principal/Minor Arterial Street Collector Street Local Street From Cul -De -Sac Right -of -Way Where a lot is located at the intersection of two (2) or more streets that bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. 2. Side Yard 3. Rear Yard Ten (10) feet. Twenty (20) feet. 4. For lots of record preliminary platted before March 13, 2006 the setback from the side lot line of a corner lot abutting a local street right-of-way may be reduced to thirty (30) feet and the setback from an interior lot line may be reduced to seven (7) feet by approval of an Administrative Permit provided that: a. The principal building and attached garage must be built to the minimum setback from the interior side lot line. b. A revised gradinq plan for the individual lot shall be submitted with the application for an Administrative Permit based upon the reduced setback requirements, which shall be subject to review and approval of the City Engineer. Section 2. Section 20-67-6.13 of the Zoning Ordinance is hereby amended to read as follows: B. Principal Structure Setbacks:. Except as modified by Section 20-67-6.B.4, the following setbacks shall apply within the R-6 District: Front Yard: Setbacks Setbacks From From Right Centerline of -Way Lines 130 feet 65 feet 130 feet 65 feet 65 feet 35 feet 35 feet 35 feet Road Class Principal/Minor Arterial Street Collector Street Local Street From Cul -De -Sac Right -of -Way Where a lot is located at the intersection of two (2) or more streets that bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. 2. Side Yard 3. Rear Yard Ten (10) feet. Twenty (20) feet. 4. For lots of record preliminary platted before March 13, 2006 the setback from the side lot line of a corner lot abutting a local street right-of-way may be reduced to thirty (30) feet and the setback from an interior lot line may be reduced to seven (7) feet by approval of an Administrative Permit provided that: a. The principal building and attached .garage must be built to the minimum setback from the interior side lot line. b. A revised grading plan for the individual lot shall be submitted with the application for an Administrative Permit based upon the reduced setback requirements, which shall be subject to review and approval of the City Engineer. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22"d day of November, 2010. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk