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ITEM 3.9 Martin Farm 3rd Addition'1 OtCI�egoF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 24 October 2016 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.9 — Martin Farm 3`d Add. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD-CUP amendment for Martin Farms 3d Addition allowing wetland buffer averaging. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission 17 October 2016 BACKGROUND/JUSTIFICATION: Lennar Corporation received final plat approval for Martin Farms 3rd Addition on 26 October 2015. In preparing their sales plans for the subdivision, the developer identified that a number of their house designs (including attached decks or three season porches) would not fit on the lots in consideration of the required wetland buffer and principal building setback required by Section 20-16-5.F.4 of the Zoning Ordinance. The developer has applied for a PUD-CUP amendment to allow for averaging the wetland buffer and setbacks for Lots 1-7, Block 1; Lots 1-6, Block 2; and Outlot A, Martin Farms 3`d Addition. The Planning Commission held a public hearing to consider the application at their meeting on 17 October 2016. Mr. Paul Tabone of Lennar Corporation was present as the applicant. There were no public comments. The Planning Commission discussed the wetland buffer and setback requirements at length and the need to ensure adequate space to accommodate a deck if not constructed when the house is built. The developer and City staff noted that the existing condition would not allow a deck (or porch on some of these lots or allow only a six-foot deep deck on others; the proposed wetland buffer averaging will allow at least a 10 to 12 foot deep deck (or porch) for each of the lots. The Planning Commission closed the public hearing and voted 7-0 to recommend approval of the PUD-CUP amendment as presented. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 12 October 2016 B. Findings of Fact TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 66303 Phone: 763.231 .6840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego — Martin Farms; 3rd Addition PUD-CUP Amendment REPORT DATE: 12 October 2016 ACTION DATE: 25 November 2016 TPC FILE: 101.02 BACKGROUND Lennar Corporation received final plat approval for Martin Farms 3rd Addition on 26 October 2015. In preparing their sales plans for the subdivision, the developer identified that a number of their house designs (including attached decks) would not fit on the lots in consideration of the required wetland buffer and principal building setback required by Section 20-16-5.F.4 of the Zoning Ordinance. The developer has applied for a PUD-CUP amendment to allow for averaging the wetland buffer and setbacks for Lots 1-7, Block 1; Lots 1-6, Block 2; and Outlot A, Martin Farms 3rd Addition. A public hearing to consider the application has been noticed for the Planning Commission meeting on 17 October 2016 at 7:OOPM. Exhibits: A. Site Location B. Wetland Buffer Averaging Exhibit ANALYSIS Section 20-16-5.F.4 of the Zoning Ordinance requires all parcels preliminary platted after 14 October 2002 to provide for a 20 foot wide vegetative buffer from the delineated boundary of all wetlands and a principal building setback the greater of a 40 feet from the delineated boundary of the wetland or 20 feet from the outside edge of the required vegetation buffer. The purpose of the vegetation buffer is to provide for a natural filter for improved water quality for storm water drainage to wetland areas. The principal building setback from the wetland and/or vegetation buffer is to ensure a usable rear yard for outdoor recreation purposes. Averaging the wetland buffer has been allowed by the City in the past to provide an appropriate balance between wetland protection and development based on the unique conditions of each parcel. Martin Farms is also unique in that additions after the initial final plat are occurring after the City had changed its policy to require that the wetland buffer be platted within an outlot deeded to the City. As such, the wetland buffers within the final plats of Martin Farms 2"d Addition and subsequent final plats include developing lots where the wetland buffer is established within the platted lots. The wetland buffer averaging proposed by the developer for lots within Blocks 1 and 2 of Martin Farms 2"d Addition maintains a minimum depth of 10 feet for the wetland buffer and 10 feet for the principal building setback from the wetland buffer. The area of the existing wetland buffer is 0.52 acres and the area of the averaged wetland buffer is 0.52 acres for no net change. The proposed wetland buffer averaging is consistent with the intent of the Zoning Ordinance. Furthermore, the averaging of the wetland buffer and principal building improves the buildability of the affected lots within Blocks 1 and 2. RECOMMENDATION City staff recommends approval of the application to allow wetland buffer averaging within Blocks 1 and 2, Martin Farms as proposed. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a PUD-CUP amendment allowing wetland buffer averaging in accordance with the exhibit dated 06/24/16. B. Motion to deny the request based on a finding that the application does not comply with the intent and provisions of the Zoning Ordinance. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer 2 11 D 11 3910002 tj it rim I 7zp 118500301300 118500304200 1 -WMAW NAIR YA 71. TT4Si 'NE k 1 8 1 "9100 1181,97000050 118500304300 Flo Mr t..OTH!S,,T-- NE 118500311200 rz 6217 3 o L 67TH ST 118500311 J1 - Mr -A Ui!iht, S "Thff E Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits ❑c ❑t Parcels Eli W e 3 d w � w� gad dqd - -I' rg." p o�O., n 18 October 2016 ot, �:iry � SuTI. �1 FINDINGS OF FACT AND DECISION APPLICANT: U.S. Home Corporation d/b/a Lennar APPLICATION: Request for approval a PUD-CUP amendment to allow wetland buffer averaging for lots within Martin Farms 3rd Addition. CITY COUNCIL MEETING: 24 October 2016 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lots 1-7, Block 1; Lots 1-6, Block 2; and Outlot A, Martin Farms 3rd Addition. B. The subject site is guided by the Comprehensive Plan for low density residential uses within the West Sewer District. C. The subject site is zoned R-6, Medium Density Residential District. D. The City Council approved application for preliminary plat and PUD-CUP to subdivide 49.8 acres into 132 single family lots, two outlots and public right-of-way on 11 February 2013 and a final plat of Martin Farms 3rdAddition was approved by the City Council on 26 October 2015. E. The lots within Martin Farms V Addition are subject to wetland related buffer and principal building setbacks as required by Section 20-16-5.F.4 of the Zoning Ordinance. The developer is requesting approval of a PUD-CUP amendment to allow for averaging of the wetland buffer and principal building setback as shown on Exhibit A. F. The Planning Report dated 12 October 2016 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 17 October 2016 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 7-0 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. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 24th day of October, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor