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03-05-12 PC ITEM 1.1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL Tuesday, February 21, 2012 7 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Richard Nichols, Tammie Fallon, and Aaron Stritesky. Absent: Brian Gerten and Jim Kolles. City Council: CM Vern Heidner Staff: Daniel Licht, City Planner; and Tami Loff, City Clerk. 1. Consider the following minutes. 1.1 February 6, 2012 Planning Commission Meeting. Commissioner Stritesky motioned to approve as written. Seconded by Commissioner Thompson. All in favor. Motion carried. 2. Public Hearing: 2.1 Barthel: Conditional use permit to allow a boundary line adjustment adding 8.5 acres to a lot of record existing prior to 14 October 2002 for a total lot area of 10 acres within the A -1 District. City Planner Licht presented the Planners report. Applicants Randal and Amy Barthel said they agree with the staff report and have no additional comments. City Clerk Loff attested that all the proper noticing, posting and publishing, has been completed. Chair Black opened the Public Hearing at 7:06 PM. Commissioner Nichols asked if this property is in the sewer district. City Planner Licht said no it is on the east boundary. Hearing no public comment Chair Black closed the Public Hearing at 7:07 PM. Commissioner Nichols asked if this flag lot can still be sold. City Planner Licht said yes it is a legal lot of record. Commissioner Thompson motioned to approve the Conditional Use Permit (CUP) with the 4 conditions listed in the planning report dated February 15, 2012. Seconded by Commissioner Nichols. All in favor. Motion carried. 3. Update on City Council actions. CM Heidner updated the Commissioners on City Council actions. 4. Update on Future Planning Commission Agenda items. City Clerk Loff said that there will be two agenda items for the next Planning Commission meeting on March 5, 2012. Planning Commission Meeting February 21, 2012. 5. Adjourn. Commissioner Thompson motioned to adjourn. Seconded by Commissioner Stritesky. All in favor. Motion carried. Adjourned at 7:13 PM. Pam Black, Chair Attest: Tami Loff, City Clerk 2 ITEM 2.1 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC @PlanningCo.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 1 March 2012 RE: Otsego — Kittredge Crossings 10 Addition TPC FILE: 101.02 - 12.04 BACKGROUND The Shelard Group Inc. is in possession of portions of Kittredge Crossings after foreclosing on the properties from Darrel A. Farr Development Inc and now stands as the developer. The developer has been discussing with City staff replatting portions of Kittredge Crossings 6 Addition from row style townhouses to single family lots to better position the property on the market in light of current conditions. Townhouse development has virtually ceased in Otsego with no new dwelling units being constructed in 2010 or 2011, which was the first time that had occurred since 1999. The applicant is proposing to replat 70 townhouse unit lots (14 buildings) with 28 single family lots. No builder for the single family lots has been determined. The subject site is zoned PUD District. The request involves application for a PUD Development Stage Plan /preliminary plat and vacation of existing drainage and utility easements. A public hearing has been noticed for the Planning Commission meeting on 5 March 2012 at 7:OOPM. Exhibits: A. Site Location B. Existing Conditions C. Preliminary Plat D. Preliminary Sewer and Watermain E. Street and Storm Sewer F. Preliminary Grading Plan G. Details ANALYSIS Zoning. Kittredge Crossings is zoned PUD District based on a land use plan approved by the City on 12 May 2003. The subject site was approved for development of 70 townhouses as part of the Kittredge Crossings 6 Addition on 12 July 2004 consistent with the PUD District and Kittredge Crossings land use plan. The base zoning for the townhouse areas of Kittredge Crossings is R -6, Medium Density District. The R -6 District allows townhouses and also single family Tots. In considering the PUD Development Stage Plan to replat the subject site, the Planning Commission's recommendation is to be based upon (but not limited to) the criteria outlined in Section 20 -3 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The Comprehensive Plan encourages development of a range of residential uses with primary emphasis on single family dwellings. Although short term market conditions are not to be a determining factor in the City's land use decisions, replatting the subject site from townhouse dwellings to single family lots is consistent with the Comprehensive Plan and is allowed under the current zoning. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following planned or existing uses. The proposed single family lots will be compatible with surrounding uses. Direction Land Use Plan Zoning Existing Use North LD Residential PUD District Single family East MD Residential PUD District Row townhouse South MD Residential PUD District Row townhouse West LM Residential PUD District Detached TH 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 development will conform to applicable provisions of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed development will result in less traffic generation based on fewer dwelling units. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. 2 Comment: Existing public service capacity is in place to serve the approved 70 townhouse units so adequate capacity exists for the proposed 28 single family lots. Right -of- Way /Streets. The proposed lots will be accessed from Kahler Circle and Kittredge Circle. Kahler Circle is an existing public street within a 60 foot right -of -way and constructed to City standards set forth in the Engineering Manual. Kittredge Circle is a 28 foot wide private driveway that the applicant proposes to dedicate to the City. A fifty foot right -of -way would be established to include the street section with fifteen foot drainage and utility easements along the front lines of the abutting lots. The 80 foot total section of right -of -way and drainage and utility easement would be the same as the City's standard requirement of 60 foot right -of -way with adjacent 10 foot drainage and utility easements. The applicant will also be required to do core sampling to demonstrate that the existing roadway was constructed consistent with City standards and is in satisfactory condition to be accepted by the City subject to approval by the City Engineer. There are two parking areas on the inside of Kittredge Circle that were to provide guest parking for the surrounding townhouse units. The parking area adjacent to proposed Lot 2, Block 2 is shown to be removed. As Kittredge Circle will become a public street, the second parking area adjacent to Outlot A will be required to be removed and the area restored by the applicant to reduce public maintenance and avoid potential nuisance issues. The City requires construction of a five foot sidewalk along one side of local residential streets. A sidewalk already exists along the outside Kahler Circle but one is not shown on Kittredge Circle. The preliminary plat and grading plan are to be revised to provide for a sidewalk along the outside loop of Kittredge Circle. Lot Requirements. The table below shows the requirements applicable to the single family lots within the development based on the established PUD District for Kittredge Crossings and the requirements of the City's R -6 District. All of the proposed lots meet these requirements. Lot Lot Lot Setbacks Area Width Depth Corner Interior Front/Side- Interior Rear Wetland Corner Side Required 9,000sf. 90ft. 60ft. 100ft. 35/30 7ft. 20ft 40ft. Proposed 9,000sf. 90ft. 60ft. 115ft. 30ft./25ft. 7ft. 20ft. NA The applicant is requesting reduced front yard setbacks of 25 feet with 30 feet provided to the garage face. The reduced setbacks will better accommodate potential house footprints within the space already defined by the existing street layout and constructed 3 townhouses. The 30 feet to the garage provides sufficient space in the driveway for vehicles. Where the proposed single family lots abut existing developed townhouse buildings, the proposed lot line subdividing the common base lot provides the required minimum 10 foot setback for the townhouse building. The distance between the rear of the townhouse buildings and the rear lot line is at least 20 feet (not including the existing decks) which is adequate. Utilities. Sanitary sewer and water pipes are already constructed within Kahler Circle and Kittredge Circle for the planned townhouse buildings. The proposed single family homes will be able to utilize one of these available sanitary sewer and water connections. The applicant will be required to lower the curb stops for the unused water line connections to avoid any damage and potential breaks. All utility issues are subject to review and approval by the City Engineer. Grading and Drainage. The applicant has submitted a revised grading plan for the area to be replatted that follows the general design of the townhouse layout. Outlots A and B are provided for stormwater basins and will be required to be dedicated to the City in accordance with Section 21- 7 -15.D of the Subdivision Ordinance. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. Easements. The preliminary plat illustrates basic 10 foot drainage and utility easements at the perimeter of each lot (overlying the common side lot lines). As noted above, the drainage and utility easement along the front lot lines for the lots abutting Kittredge Circle are 15 feet wide to account for the reduced right -of -way width. Drainage and utility easements are also provided over drainageways and storm sewer along the rear lot lines. The drainage and utility easements shown on the preliminary plat replace those dedicated with the Kittredge Crossings 6 Addition Final Plat. The orig easements will be vacated concurrent with the final plat for Kittredge Crossings 1 0 t Addition. Park Dedication. Park dedication requirements for the subject site were satisfied with Kittredge Crossings 6 Addition final plat. In that the proposed replat has fewer units, there is no increase in the impact of the single family lots to the City's park and trail system. As such, no additional park dedication is required consistent with Section 21-7 - 18.P of the Subdivision Ordinance. Development Contract. The applicant is required to execute a development contract with the City, provide all required security and pay all fees prior to consideration of a final plat by the City Council. The development contract is subject to review and approval of the City Attorney. 4 RECOMMENDATION The application to replat planned townhouses into single family lots reflects current market conditions and is consistent the performance standards outlined in the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications as set forth below. POSSIBLE ACTIONS A. Motion to approve approval of the PUD Development Stage Plan /preliminary plat and easement vacation for Kittredge Crossings 10 Addition subject to the following conditions: 1. Existing drainage and utility easements dedicated with Kittredge Crossings 6 Addition shall be vacated concurrent with recording of a final plat. 2. Acceptance of Kittredge Circle as a public street shall be subject to the review and approval of the City Engineer. 3. The parking area adjacent to Outlot A will be required to be removed, the area restored and the curb extended subject to review and approval by the City Engineer. 4. The submitted plans shall be revised to provide a five foot wide concrete sidewalk along the outside edge of Kittredge Circle, subject to review and approval by the City Engineer. 5. The single family Tots shall be subject to the following lot requirements: Lot Lot Lot Setbacks Area Width Depth Corner Interior Front/Side- Interior Rear Wetland Corner Side 9,000sf. 90ft. 60ft. 100ft. 30ft.garage 7ft. 20ft. NA 25ft bldg. 6. All curb stops for unused water line connections shall be lowered at the developer's cost subject to approval by the City Engineer. 7. All utility plans shall be subject to review and approval by the City Engineer. 8. All grading, drainage and erosion control plans shall be subject to review and approval by the City Engineer. 5 9. All easements shall be subject to review and approval of the City Engineer. 10. Outlots A and B shall be deeded to the City with the final plat. 11. The applicant shall enter into a development contract with the City prior to approval of the final plat as required by the Subdivision Ordinance. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and City Code. C. Motion to table. c. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Jacob Wert, The Shelard Group Inc. Marty Campion, Campion Engineering Services, Inc. 6 Kittredge Crossings 10th Add. 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FT „ _ a ...(.. • .. !Ilk L 101,.10;:, - -.il / 1 ITEM 2_2 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 29 February 2012 RE: Otsego — Zoning Ordinance; Signs TPC FILE: 101.02 - 12.05 BACKGROUND Minnesota Native Landscapes operates a wetland restoration and nursery business at 8740 77 Street NE, adjacent to 1 -94. The property is zoned A -2, Long Range Urban Service District and guided by the Comprehensive Plan for future industrial uses. The use is allowed as a permitted use in the A -2 District. The applicant intends to install signage on the property to identify their business. The Zoning Ordinance currently limits all uses in the A -1 and A -2 District to one freestanding sign eight feet tall with an area of 64 square feet. The applicant has submitted an application to amend the Zoning Ordinance to allow installation sign the same as would be allowed for commercial and industrial uses. A public hearing has been noticed for the Planning Commission meeting on 5 March 2012 at 7:OOPM to consider the request. Exhibits: A. Site Location B. Draft Ordinance 2012 -02 ANALYSIS Use. Forestry, nursery, greenhouse and tree farm uses are allowed in the A -1 and A -2 District as permitted uses and considered to be a form of agriculture. However, the characteristics of the business operation have similarities to that of a construction contractor with the addition of on -site growing of plants. To this end, uses of this type have a need for business identification signs. Existing Signs. The Zoning Ordinance allows only limited signage within the A -1 and A -2 District consistent with low intensity agriculture uses and rural residential character. Uses with a greater need for business identification are generally located in commercial and industrial district based on the use typically being more intensive in terms of activity or traffic generation. The signs allowed in the A -1 and A -2 District are limited to the following: • One freestanding sign not to exceed 64 square feet and a height of eight feet. • One additional sign not to exceed 32 square feet and a height of eight feet. (This sign is intended to be used for real estate or development signs) Forestry, nursery, greenhouse and tree farm uses are unique in that the use involves the production of agricultural products sold for off -site use either on a wholesale or retail basis. As such, the limited signs allowed in the A -1 and A -2 District where these uses are permitted may not be functional for the businesses' purposes. In the case of the applicant's property, a 64 square foot sign eight feet tall would be very difficult to read from adjacent 1 -94. Draft Ordinance. As discussed previously, the City's sign regulations must be content neutral and address only location, area, height and construction. The Zoning Ordinance identifies forestry, nursery, greenhouse and tree farm uses as distinct land uses which the City can utilize to establish specific sign allowance. This approach would be content neutral. City staff has drafted a proposed amendment to the Zoning Ordinance to permit forestry, nursery, greenhouse and tree farm uses the same signs as allowed for commercial and industrial uses as follows: • Total area of all signs limited to 15 percent of the wall area of the principal building facing a public street. • One freestanding sign not to exceed 100 square feet in area or a height of 20 feet. • Wall signs on one wall facing a public street (or two walls for corner lots) up to the maximum area allowed for all signs but no sign may exceed 100 square feet in area. • For properties within the designated Freeway Corridor District the maximum area allowed for freestanding and /or wall signs is 200 square feet and freestanding signs may be place at a height of 50 feet. The applicant's property would be within the Freeway Corridor District. Criteria. The Planning Commission's consideration of the proposed amendment is to be based upon (but not limited to) the criteria outlined in Section 20 -3 -2.F of the Zoning Ordinance: 2 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The Comprehensive Plan guides that their be a balance between the City's public safety and aesthetic basis for limiting signs and business identification needs. Forestry, nursery, greenhouse and tree farm uses are unique agriculture businesses that have operations and business identification needs similar to that of uses located in commercial and industrial districts. As such, content neutral sign allowances specific to these uses is consistent with the Comprehensive Plan as well as the City's economic development goals. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The allowance of increase signage for forestry, nursery, greenhouse and tree farm uses within A -1 and A -2 District will not create compatibility issues with adjacent properties given the limited application of the proposed amendment. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The use and any proposed signage would be required to comply with all other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed 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. Comment: The proposed amendment will not affect the City's service capacity. RECOMMENDATION Forestry, nursery, greenhouses and tree farms are unique businesses located allowed in the City's agricultural zoning districts. Because of their unique characteristics, City staff supports an increase in allowed signage for these uses to increase business identification. POSSIBLE ACTIONS A. Motion to recommend approval of Ordinance 2012 -02 as presented. 3 B. Motion to deny the application based on a finding the request is inconsistent with the Comprehensive Plan and Zoning Ordinance criteria. C. Motion to table. c. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Joe Schaffer, Minnesota Native Landscapes, Inc. 4 Minnesota Native Landscapes Date Created 2 /29/2012 r / \ r ` 1 ' 118800151 , 11 I •verview 1 , � g -- _., 4 _ "` ' 118800222200 �, � W Q.,, „.., ''.1 . W �j '1 Legend > Roads �" - CSAHCL 85TH 85TH M > _ OT GB — CTYCL MUNICL 7 PRIVATECL — TWPCL 118800224100 213000214200 • City/Township Limits 0 C 0 Parcels 118800224400 .A 9 118800271100 N r 94 ' �, MTiH SST NE 'II T1400 X - 11880027 P I 213000284301 4141880027 E ---c% (Q) , ). `S'iT =- .1: STSR' E "------, — — --, 94 �� I ________ m g l ------- 4 . ' ce a 1 .. 1 034 .r, - 1 . c } i r I :2 i'* liLi " 'D r _ ___! 1 1 1 ___.,_ 1 ORDINANCE NO.: 2012 -02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING SIGNS FOR FORESTRY, NURSRIES, GREENHOUSES AND TREE FARM USES. . THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20- 37 -5.A of the City Code is hereby amended to include the following provisions: 4. Forestry, nursery, greenhouse and tree farm uses shall be allowed the following signs: a. The total area of all signs displayed on a lot shall not exceed fifteen 15 •ercent of the total buildin• fa ade frontin• not more than two (2) public streets. b. Freestanding. Not more than one (1) double -sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty (20) feet, except that for signs within the Freeway Corridor District. the sign area shall not exceed two hundred (200) square feet each side with a maximum height of fifty (50) feet. c. Wall, Canopy. or Marquee. Wall, canopy. or marquee signs shall be permitted on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet, except that for signs within the Freeway Corridor Districts, the area of signs installed on the facade of a principal building fronting to a principal arterial roadway shall not exceed two hundred (200) square feet. 1 Section 2. 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 12 day of March, 2012. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk 2