PUBLIC HEARING: Consider a Preliminary Plat, Final Plat, and Variance Related to Impervious Surfacing Regulations in the Rum River Wild & Scenic Overlay District for Lightbridge Academy

The City has received an application from Paul Otto, with Otto Associates, Engineers & Land Surveyors, Inc. (the "Applicant") for a Preliminary Plat, Final Plat, and Variance to the maximum impervious surfacing requirement in the Rum River Wild & Scenic Overlay District, on the property currently described as Outlots A and B, Rivers Bend 3rd Addition, except part of Ramsey Office Park (the "Subject Property"). The Subject Property does not currently have an address, but is generally located between St. Francis Boulevard (State Highway 47) and Xkimo Street NW, south of the Holiday Stationstore, and north of Ramsey Office Park.
 

Staff attempted to notify property owners within 700 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request and the Public Hearing to be held by the Planning Commission. A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property.

Subject Property
The Subject Property is generally located between St. Francis Boulevard (State Highway 47) and Xkimo Street NW, south of the Holiday Stationstore, and north of Ramsey Office Park. The Subject Property is zoned B-2, Community Business District, on the newly-adopted zoning map, and is guided for commercial land use in the City's 2040 Comprehensive Plan. It is approximately 2.12 acres in size. Access to the lot will come from an existing curb cut onto Xkimo Street to the east. Surrounding properties to the north and south are similar in size and are also zoned and guided for commercial land uses. Properties to the west (across St. Francis Boulevard) and east (across Xkimo Street) are zoned and guided for low-density residential land use. In addition to the B-2 zoning designation for the entire Subject Property, a significant portion of the property is located within the Rum River Wild and Scenic Overlay District. More information on this district can be found in the "Variance" section of this staff report. 

Preliminary and Final Plat
The applicant proposes to plat two existing outlots into one buildable lot to accommodate a new commercial development intended for a daycare. The plat depicts several easements on the property, including the following:

• A 20-foot-wide utility easement for an existing sanitary sewer line, running west to east across the northern third of the Subject Property;
• A pedestrian trail easement that runs north to south along the west edge of the Subject Property;
• A restricted access easement along the west edge of the Subject Property to prevent access to St. Francis Boulevard (State Highway 47);
• Drainage and utility easements along all four sides of the Subject Property.

Alongside the proposed development, a shared-use trail will be constructed within the pedestrian trail easement along St. Francis Boulevard. It is anticipated that the City will construct the remaining segments to the north and south of the Subject Property to improve multimodal connectivity in the area. 

Variance
As noted above, a significant portion of the Subject Property is located within the Rum River Wild and Scenic Overlay District. The purpose of this overlay district is to control bluff land and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical, and scenic values of the Rum River in Ramsey, in a manner consistent with Minn. Stats. §§ 103F.301—103F.345.84, Minn. Rules pts. 6105.0010—6105.0250, 6105.1400—6105.1500. The overlay district has several bulk regulations that apply to the Subject Property, including the following:

• Minimum lot size;
• Minimum building and parking setbacks from ordinary high water level;
• Building setbacks from public rights-of-way;
• Maximum structure height, and;
• Maximum total area of all impervious surfaces on the lot.

The applicant is seeking a variance to the maximum total area of all impervious surfaces on the Subject Property, which is thirty percent (30%). The submitted plans propose fifty-two percent (52%) of the Subject Property as hardcover or impervious surfacing. Since the Rum River Wild and Scenic Overlay District boundary splits the property, the applicant submitted separate calculations for each portion of the property. These calculations show fifty-eight percent (58%) of the property within the overlay as impervious surfacing, compared to thirteen percent (13%) of the property outside the overlay as impervious surfacing.

Variances to the impervious surfacing regulations of the Rum River Wild and Scenic Overlay District have been granted to several properties along St. Francis Boulevard over the years. These include the following:

• The former BP Amoco site (5195 142nd Ave NW) was granted a variance in April 1988 to allow up to fifty-eight percent (58%) impervious lot coverage.
• Ramsey Office Park (14245 St. Francis Blvd NW, immediately south of the Subject Property) was granted a variance in January 2005 to allow up to fifty-five percent (55%) impervious lot coverage.
• Rum River Wine & Spirits (now known as Top Ten Liquors) (14107 St. Francis Blvd NW) was granted a variance in November 2006 to allow up to eighty-three percent (83%) impervious lot coverage.

The Applicant's requested variance is in alignment with these variances. Additionally, the subject property is more than 900 feet from the Rum River, which lessens the proposed development's impact upon the river itself. As part of the application review, a copy of the Applicant's plans was sent to MN DNR and MnDOT for their reviews. Neither agency had comments on the plans or proposed development.
 
Three Factor Test
Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner. This includes reasonableness, uniqueness, and essential character.

• Reasonableness: Impervious surfacing is an essential component of land development. The subject property has been vacant since it was last platted in 1993, and is set aside for commercial land use. Several neighboring properties have received similar variances to the overlay district's impervious surfacing regulations to accommodate commercial development of a similar scale.
• Uniqueness: The Subject Property is unique in that roughly two-thirds of the lot is within the Rum River Wild and Scenic Overlay District, while the westernmost one-third of the lot is not within the overlay. The Subject Property is more than 900 feet from the Rum River, so any development on the Subject Property would likely have a lesser impact on the river itself. Additionally, there is a paved driveway that encroaches onto the Subject Property's southern edge to provide access to Ramsey Office Park. This driveway increases the impervious surfacing coverage of the lot. 
• Essential Character: The Subject Property and neighboring properties are zoned and guided for commercial land use. Thus, a commercial development on the Subject Property meets the essential character of the neighborhood.

Additional Considerations
With the adoption of the new zoning code, a formal Site Plan Review is not required for this case, as the Subject Property is not immediately adjacent to residential uses and the proposed use is classified as permitted. However, since the impervious surfacing regulations impact the site design, staff conducted a review of the site plan as it relates to impervious surfacing.  The proposed site plan is included in the attachments along with the preliminary grading, utility, and landscape plans.  

Alternatives
Alternative 1: Recommend approval of the Preliminary Plat and Final Plat, and approve the Variance to the maximum impervious surfacing requirement for the Subject Property as recommended by Staff.
Alternative 2: Recommend approval of the Preliminary Plat and Final Plat, and deny the Variance. Without an approved variance, the Applicant would need to significantly revise and potentially reduce development plans. 
Alternative 3: Recommend approval of the Preliminary Plat and Final Plat with modifications based on discussion.
Alternative 4: Recommend denial of the Preliminary Plat and Final Plat, and deny the Variance, based on supporting findings of fact. 
 

All costs associated with this request are the Applicant's responsibility.

Staff recommends approval of the Preliminary Plat, Final Plat, and Variance.

Motion to recommend City Council adopt Resolution #24-039, Approving a Preliminary Plat and Final Plat for Lightbridge Academy.

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Motion to adopt Resolution #24-040, Approving a Variance to Impervious Surfacing Regulations in the Rum River Wild and Scenic Overlay District for Lightbridge Academy.