PUBLIC HEARING: Consider Request for Sketch Plan and Preliminary Plat Review of Brookfield 5th Addition; Case of 21st Century Bank

21st Century Bank has submitted applications for Sketch Plan and Preliminary Plat for a proposed minor plat known as Brookfield 5th Addition.  The minor subdivision proposes to plat approximately 0.25 acres to create one (1) buildable single-family lot. The proposed plat would not re-configure existing property lines. The proposed subdivision would convert an existing outlot to a buildable lot (the "Property"). The Property is generally located west of Nowthen Boulevard (CSAH 57), along Feldspar St.

Staff attempted to notify all Property Owners within a 700 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County UnionHerald.

The Property is zoned R-1 Residential (MUSA) and is surrounded by other parcels with the same zoning designation.  The proposed lot would be served with municipal water and sanitary sewer, both of which are available.   The proposed lot would meet the minimum lot size requirement and lot width requirements as well.

The Property, which is legally described as Outlot F, Brookfield First Addition, is currently encumbered with an easement for an existing temporary cul-de-sac.  When Brookfield First Addition was originally approved, it was anticipated that the parcel to the south (16821 Garnet Street NW) may desire to develop a single family development at some future point.  As the Property was at the southern edge of the plat, adequate turn around space provisions were required.  In order to accomplish this, a temporary cul-de-sac was provided.  This had slight impacts to the parcel to north of the Property (also, a portion of the temporary cul-de-sac is in the right-of-way in front of the parcel across Feldspar St); however, there was still sufficient space on each of those lots for single family homes to be constructed.  It would be reasonable to assume though that the owners of the lot to the north purchased with the expectation that at some point the temporary cul-de-sac and easement would be vacated and removed.  There were greater impacts to this Property, such that a dwelling could not be constructed that would meet City Code Standards.  As a result, the Developer proposed to plat the Property as an outlot that could be converted (re-platted) to a buildable lot in the future if Feldspar Street were eventually extended to the south.  There was no guarantee that the street would be extended to the south and the Developer understood this risk at that time. 

As proposed, the lot presents various challenges with regard to buildable space.  The Preliminary Plat shows a house pad that is fifty-nine (59) feet deep and fifty-five (55) feet wide that is positioned right at the minimum required front and rear yard setbacks.  However, this results in the front of a proposed home roughly lining up with the rear of the adjacent home to the north, which is not really desirable.  Additionally, there is a twenty (20) foot wide trail easement along the rear property line that would make the addition of any type of future accessory building challenging if not impossible.  The same is true for a potential deck.  There is a larger drainage and utility easement (50-60 feet in width) that encumbers all of the lots north of this Property, presumably for the berm that spans these lots.  Staff is reviewing whether that width of easement would be necessary for this Property as well.  If so, there would not be sufficient buildable space to account for a new single family home.  If the larger easement is not needed, it still is questionable whether a home with similar size and character as others in the neighborhood could be accommodated on this Property.

When Brookfield First Addition was approved, density transitioning was required for certain lots that abutted larger, existing parcels that were in the R-1 Residential (Rural Developing) District.  The Property is one of the lots that transitioning was required.  However, since it was not considered buildable, plantings weren't installed (they would be when it was converted to a buildable lot).  Since that time, the zoning of the property to south (16821 Garnet St NW) has been amended to R-1 Residential (MUSA), which would not require transitioning.  The other two lots that abut the parcel to the south (approximately 2.35 acres in size) were required to have additional plantings installed in accordance with the density transitioning requirement.  The intent of that ordinance is to create a buffer between lower density, larger lots and higher density, smaller lots.  Staff believes that if this request is approved, density transitioning should be required to match what was installed on the other two lots that abut 16821 Garnet St NW.  The owner of 16821 Garnet Street NW has stated that it is his belief that the outlot was serving as density transitioning along with the required plantings on the other two lots.  Note that with the grade change and the additional plantings along this common lot line, there would be even less 'usable' space for a future home owner.

If the request were to be approved, the temporary cul-de-sac easement would need to be vacated, as would the existing drainage and utility easements.  The Applicant would need to dedicate permanent right-of-way to encumber the existing cul-de-sac and dedicate new drainage and utility easements as well.

Alternatives

Option #1.  Do not recommend approval of the Preliminary Plat.  This lot was platted as an outlot initially because it could not accommodate the construction of a dwelling that met the standards of City Code while maintaining sufficient turnaround space for larger vehicles (snow plows, fire trucks, etc).  Nothing really has changed since the plat was initially approved other than the original Developer defaulting and the bank taking possession of the Property.  The original developer understood the risk involved with platting this lot as an outlot initially and still proceeded.  If a home were to be constructed, it appears that there would be severe limitations on any future deck or accessory building, or they may not be possible at all.  Creating a buildable lot with the existing configuration is not supported by the Public Works department as there is nothing preventing the potential future extension of Feldspar Street.

Option #2.  Recommend approval of the Preliminary Plat contingent upon compliance with the Staff Review Letter dated August 1, 2014 and other contingencies.  This action would be based on discussion.

Option #3:  Recommend approval of the Preliminary Plat contingent upon compliance with the Staff Review Letter dated August 1, 2014.  The Preliminary Plat does indicate that a fifty-nine (59) foot by fifty-five (55) foot house pad could meet all required setbacks without reducing the size of the existing temporary cul-de-sac.  While this would leave very little, if any, room for common future add-ons, such as a deck and/or an accessory building, the Applicant could be required to disclose to potential buyers the limitations of this lot.

All costs associated with the Application are the responsibility of the Applicant.

Based on the constraints of the lot and that the potential for Feldspar Street to be extended at some point in the future, City Staff does not recommend approving the Preliminary Plat unless the Planning Commission and City Council provide additional policy direction as it relates to density transitioning and the status of the larger easement along Nowthen Boulevard.

Additionally, it is recommended that the City create a policy for these situations where an outlot was created for purposes of a temporary cul-de-sac with anticipation for future roadway extensions, as this is the second request the City has received within a year.

Motion to recommend that the City Council not approve the Preliminary Plat.

-or-

Motion to recommend that the City Council approve Resolution #14-08-153 granting Preliminary Plat approval for Brookfield 5th Addition contingent upon compliance with the Staff Review Letter dated August 1, 2014.