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

21st Century Bank (the "Applicant") has submitted an application for Sketch Plan and Preliminary Plat for a proposed minor plat known as Brookfield 5th Addition. The minor subdivision proposes to re-plat approximately 0.31 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 5), along Feldspar St.

As the Planning Commission may recall, this request was first considered at a public hearing in August of 2014.  At that time, the Planning Commission continued the public hearing to the September meeting to provide additional time for the Applicant to address concerns identified by City Staff.  Prior to that September meeting, the Applicant contacted the City stating that they desired to postpone the public hearing to afford them more time to work with the adjacent residents on a potential sale of the Property.

Recently, the Applicant notified the City that an agreement on the sale of the Property could not be reached and subsequently resubmitted an application for Sketch Plan and Preliminary Plat of Brookfield 5th Addition.

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 Sketch Plan and Preliminary Plat appear to address many of the concerns that had initially been raised in August of 2014.  The revised Sketch Plan and Preliminary Plat address the following items:
 

• Provides a Drainage and Utility Easement to the western toe of the berm in the rear yard (similar to the lots to the north of the Property).
• Includes ten (10) coniferous trees along southern boundary of the Property to serve as density transitioning.
• Includes the actual footprint of the proposed model home on the Property to demonstrate there is sufficient buildable space to reasonably accommodate the home.

The proposed access to the Property is from Feldspar St via an existing cul de sac that is encumbered with a temporary road easement.  When BROOKFIELD 1ST ADD was approved, it was anticipated that the extension of Feldspar St further south would occur in the near future to accommodate redevelopment of those larger lots.  However, the owner of the adjacent parcel to the south has stated on multiple occasions (including the previous public hearing) that he has no intention of subdividing his land.  While that doesn't completely rule out the possibility of future development, it certainly appears that won't occur in the near future.  Based on the unlikely development potential of the property to the south (at least based on information available at present time) and the request to re-plat the Property into a buildable lot, the general sense of City Staff is that this will result in a more 'permanent' cul de sac.  Thus, City Staff is recommending that the Final Plat dedicate public road right-of-way to encumber the portion of the cul de sac on the Property plus an additional fifteen (15) feet to accommodate snow storage.

At the time of approval of BROOKFIELD 1ST ADD, the cul de sac was considered to be temporary until Feldspar St was extended further south.  Thus, the executed temporary road easement only provided a radius of fifty-five (55) feet rather than the standard sixty (60) feet.  Furthermore, while the paving section between the curbs appears to have been constructed in accordance with the City's standard specifications, the wing of the cul de sac was only designed and installed with the base course of asphalt (no wear course) per the temporary turn-around detail.  These deficiencies should be addressed through the variance process (deviations from City Code Sections 117-614, Subdivision Design Standards, and 117-615, Construction of Improvements) as part of the platting process.

The Applicant is making attempts to keep the proposed home in line with the existing home to the north to the extent possible, as this was identified as a potential concern by neighboring property owners during the previous review.  As shown on the current Sketch Plan and Preliminary Plat, the rear wall of the proposed home is only slightly behind that of the home to the north.  However, this places the proposed home only twenty-five (25) feet from the edge of the existing cul de sac pavement, which is less than the standard setback from public road right-of-way.  Should right-of-way be dedicated through the platting process, as recommended by City Staff, the front setback will likely be further reduced.  Thus, it appears that a variance to front yard setback requirements will also be necessary.

It should be noted that approval of this plat would not preclude the future extension of Feldspar St.  Should that opportunity arise in the future, the City would vacate excess right-of-way that would no longer be needed.  Additionally, it would be at that time that the sidewalk on Feldspar St would be extended in front of this Property and the cul de sac 'wings' would be removed.

In the past year, this is the second request of this nature that the City has reviewed. What we have learned through both reviews is that the use of an outlot and temporary road easement is not the ideal tool to address adequate turn around space at the end of a street.  Should this be proposed in the future, Staff would recommend platting two (2) larger lots (rather than four [4] 'standard' size lots with either deed restrictions or as an outlot) at the end of a street and require a standard cul de sac meeting both the design and construction standards in City Code, but stub in two (2) additional services for sewer/water so that the lots could be split the a road were to be extended in the future.

Alternatives

Option #1.  Recommend that City Council approve Resolution #15-01-012 granting Preliminary Plat approval contingent upon compliance with the Staff Review Letter dated January 2, 2015 and obtaining variances to subdivision design standards, construction of improvements standards, and the required front yard setback.  The Applicant has demonstrated that a home can be reasonably accommodated on the Property and has attempted to address the concerns identified through the previous review (density transitioning, easement in rear yard, placement of home on lot).  Additionally, the Applicant did have discussions with some of the neighboring property owners to explore their interest in acquiring the parcel but were unable to reach an agreement.   This outlot has now been in existence for nearly ten (10) years and there does not appear to be any sign of potential development that would result in the extension of Feldspar St as had been originally envisioned.  Thus, Staff supports this option.

Option #2.  Recommend that the City Council not approve Resolution #15-01-012.  The original developer of BROOKFIELD 1ST ADD willingly platted this Property as an outlot anticipating that Feldspar St would be extended further south in the near future, a risk the developer was willing to take at that time.  However, the Applicant, who assumed this Property after the original developer defaulted, has demonstrated that a home can be reasonably accommodated on the Property while still providing density transitioning and necessary easements.  Also, approval of this plat would not preclude the future extension of Feldspar St should a development proposal be brought forward.  City Staff does not support this option.

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

Staff recommends approval of Resolution #15-01-012 granting approval of the Preliminary Plat contingent upon obtaining variances to the cul de sac standards (design and construction) and the front yard setback and upon compliance with the Staff Review Letter dated January 2, 2015.

Motion to recommend that City Council adopt Resolution #15-01-012 granting Preliminary Plat approval for Brookfield 5th Addition contingent upon the Applicant obtaining variances to certain standards including front yard setback (based on dedicating right of way to the public), cul de sac design standards and construction standards and compliance with the Staff Review Letter dated January 2, 2015.