ITEM 2.1ITEM 2_1
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@ Plan ningCo.corn
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 31 December 2015
ACTION DATE: 6 February 2016
RE: Otsego — Boulder Creek; PUD -CUP amendment
TPC FILE: 101.02
BACKGROUND
Mattamy Homes received approval of a PUD -CUP and preliminary plat for Boulder Creek on 14
July 2014. The Boulder Creek preliminary plat includes 360 single family lots with specific lot
requirements and setbacks modified from those required in the R-5, Single and Two Family
Residential District, which the property is zoned. The developer has identified that five of the
10 single family house plans they are planning on offering for sale on the narrowest 55 foot
wide lots have attached garages with areas less than the 480 square foot minimum required by
Section 20-16-4.B.4.a of the Zoning Ordinance. The developer has applied for an amendment
to the PUD -CUP to allow attached garages less than 480 square feet for the 69 lots within the
preliminary plat having a minimum width of 55 feet. A public hearing to consider the
application has been noticed for the Planning Commission meeting on 4 January 2016.
Exhibits:
A. Site Location
B. Developers Narrative dated December 8, 2015
ANALYSIS
Comprehensive Plan. The 2012 Comprehensive Plan establishes goals that residential
neighborhoods "are to be planned on an individual basis to provide safe, high quality, high
amenity living environments" and "to provide housing opportunities for persons of all ages and
income levels that allow them the ability to maintain residence within Otsego throughout the
various stages of their lives". Policies intended to realize these goals include the statement that
all new residential development adhere to the highest community design, planning and
construction standards. Specific to the issue of accessory building areas raised in the
developer's application, the Comprehensive Plan includes a policy stating outside storage
within urban residential areas is to be minimized. All development that occurs in the City is to
be in accordance with the Comprehensive Plan and these policies are implemented through
establishment of performance standards either for single family dwellings generally or by
individual zoning district. However, in implementing the Comprehensive Plan through the
Zoning Ordinance, the Comprehensive Plan requires that development policies and regulations
be applied consistently and uniformly.
Attached Garages. Section 20-21-9 of the Zoning Ordinance requires single family dwellings to
provide a minimum of two off-street parking stalls. Section 20-21-3 of the Zoning Ordinance
only requires that the site plan for single family lots provide opportunity for location of a two
stall garage, but construction of either an attached or detached garage is not required. To
comply with the Zoning Ordinance, the off-street parking stalls must meet setback
requirements (including those required for front yards) in accordance with Section 20-21-6.13 of
the Zoning Ordinance Thus if the attached garage is undersized and not able to accommodate a
minimum of two passenger vehicles the intent of the Zoning Ordinance is not being met as
meaning parking in the driveway is not intended to be a substitute for required parking.
The Zoning Ordinance was amended on 22 February 1999 to establish the current requirement
that a garage attached to a single family dwelling must have a minimum area of 480 square feet
(and maximum area of 1,000 square feet) in all zoning districts. Subsequent amendments
increased the allowed maximum area of an attached garage for single family dwellings within
the A-1, A-2, R -C, R-1 and R-2 Districts based on the area of the principal building. The intent of
the 1999 amendment was to ensure that new single family development occurring in Otsego
with the availability of sanitary sewer and water utilities would have sufficient area for required
parking of vehicles as required by the Zoning Ordinance as well as additional storage space for
items incidental to a single family dwelling. These incidental items include trash and recycling
containers, tools and equipment required to maintain a single family lot such as a lawn mower,
lawn tools and shovels and possibly a snow blower, and recreational equipment such as
bicycles and outdoor toys common for a family occupying a single family dwelling.
Section 20-21-4.H.1 of the Zoning Ordinance defines the dimensions of a required parking stall
as nine feet by 18 feet (324 square feet) but the minimum attached garage area for single
family dwellings better accommodates a range of vehicle sizes and circulation around the
vehicles within an enclosed structure, including full size pickups and SUVs which are eight feet
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wide (including mirrors) and range between 17 feet and 21 feet in length. The approximate
area of just contemporary trash and recycling containers and a lawn mower is 25 square feet.
Establishment of sufficient minimum area within the attached garage serves to satisfy the
objectives for the Zoning Ordinance for required parking and accessory storage and all 2,863
single family dwellings constructed in Otsego in 1999 to 2015 have complied with the
requirement for an attached garage to have a minimum area of 480 square feet, including lots
of similar character to those of the 55 foot wide lots in Boulder Creek.
Development Covenants. The developer has provided information that Boulder Creek will
include development covenants administered by a Homeowners Association (HOA). The HOA
administered development covenants will be more restrictive than the Zoning Ordinance in
terms of prohibiting outdoor storage of any kind (including trash and recycling containers) and
also prohibiting detached accessory buildings, whereas the Zoning Ordinance would allow a
minimum 150 square foot detached storage shed. These restrictions make availability of space
within the attached garage for storage typical of a single family dwelling noted above a greater
necessity in addition to required space for parking vehicles. Development covenants are also
problematic in terms of the City relying upon them as the City is not responsible for
enforcement of their provisions.
PUD -CUP Amendment. Section 36 of the Zoning Ordinance establishes planned unit
developments by conditional use permit for allowance of flexibility from the performance
standards of the Zoning Ordinance. The PUD -CUP approved for Boulder Creek includes
flexibility from with flexibility from the minimum lot area, lot width and setbacks from those
standard requirements of the R-5, Single and Two Family Residential District. This flexibility is
based, in part, on the developer being the builder within the subdivision with a range of
housing plans specifically designed for the lots within the subdivision.
The requested amendment of the PUD -CUP to allow attached garages less than 480 square feet
in area would apply to the 69 lots within the preliminary plat having a minimum width of 55
feet, or 19 percent of the 360 total lots. The developer further notes that there are 10 house
plans (each with three different exterior facade treatments) offered for these 55 lots. As shown
on the developer's materials, five of these house plans have attached garages less than the
required 480 square foot minimum area required by Section 20-16-4.B.4.a of the Zoning
Ordinance ranging from 454 to 417 square feet. It may be assumed that not all 69 of these lots
are likely to be developed with a single family dwelling with an attached garage less than 480
square feet in area. In considering flexibility from the provisions of the Zoning Ordinance, the
Section 20-36-1 of the Zoning Ordinance establishes the following purpose statements for what
outcomes planned unit development is intended to encourage:
■ Innovations in development to the end that the growing demands for all styles of
economic expansion may be met by greater variety in type, design, and sighting of
structures and by the conservation and more efficient use of land in such developments.
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Higher standards of site and building design through the use of trained and experienced
land planners, architects and landscape architects.
A development pattern in harmony with the objectives of the Comprehensive Plan.
(PUD is not intended as a means to vary applicable planning and zoning principals.)
■ A more desirable and creative environment than might be possible through the strict
application on zoning and subdivision regulations of the City.
The flexibility requested by amendment of the PUD -CUP to allow attached garages less than
480 square feet in area would permit the developer to create opportunity for greater
architectural diversity within the neighborhood and more options for home buyers by offering
all 10 of their current house plans for the 55 foot wide lots. However, this benefit must be
balanced against the underlying intent of the City adopting the minimum 480 square foot
requirement of Section 20-16-4.B.4.a of the Zoning Ordinance for attached garages to provide
adequate area for required parking and storage typical for a single family dwelling.
Criteria. Consideration of the request to amend the PUD -CUP for Boulder Creek to allow
attached garage area less than 480 square feet for single family dwellings constructed on the
designated 55 foot wide lots is to be evaluated 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.
Comment: The Comprehensive Plan calls for all new residential development to adhere
to the highest community design, planning and construction standards, including
measures to minimize outdoor storage within residential areas. To this end, the City
established a minimum area requirement for an attached garage indented to provide
adequate area for required off-street parking and storage typical of single family
residential dwellings. This requirement has been applied consistently and uniformly to
all 2,863 single family dwellings constructed within the City between 1999 and 2015.
Notwithstanding the opportunity for greater architectural diversity offered by 0/1 10 of
the developer's current house plans, deviation from the minimum area requirement for
an attached garage for a single family dwelling would be inconsistent with the City's
intent in establishing the performance standard and would not be distinguishable from
the uniform application of this performance standard since it was adopted in conflict
with the policies of the Comprehensive Plan.
The proposed use's compatibility with present and future land uses of the area.
Comment: The requested PUD -CUP amendment would apply to up to 69 (or 19
percent) of 360 lots within the Boulder Creek development. It is assumed that the other
291 lots will have single family dwellings constructed upon them with an attached
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garage having an area of at least 480 square feet. Development of single family
dwellings with a lack of what the City has determined to be the minimum adequate area
for an attached garage may cause conflict with the other lots within the neighborhood
because of vehicles parked regularly in the driveway or other outdoor storage due to
insufficient space within the attached garage for required parking and storage typical of
a single family dwelling.
The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The requested PUD -CUP may compromise compliance with the performance
standards of the Zoning Ordinance specifically related to the provision of and location for
required off-street parking due to insufficient space within the attached garage for
vehicle parking and storage typical of a single family dwelling.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The requested 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.
Comment: The requested PUD -CUP amendment will not affect public services or
facilities.
RECOMMENDATION
The Planning Commission may elect to make a recommendation to approve the request as
presented or with conditions, such as allowing the 454 square foot attached garages but not
smaller. However, our office believes that the requested PUD -CUP amendment is not
appropriate based on the intent of establishing a minimum area requirement for an attached
garage for a single family dwelling, the uniform application of this requirement since it was
adopted, and past discussions of the Planning Commission related to this issue generally. We
therefore recommend that the requested PUD -CUP amendment be denied based on the
considerations outlined this this report.
POSSIBLE MOTIONS
A. Motion to recommend approval of a PUD -CUP amendment allowing attached garage
area less than 480 square feet for single family dwellings constructed on the designated
55 foot wide lots of the Boulder Creek preliminary plat.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the policies of the Comprehensive Plan and intent of the Zoning
Ordinance with respect to use of a Planned Unit Development and establishment of
minimum attached garage area standards.
C. Motion to table.
Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Rick Packer, Mattamy Homes
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