PUBLIC HEARING: Consider Resolutions 16-04-063 and 16-04-064 Related to a Request for a Variance to Maximum Allowable Cul-De-Sac Length; Case of Lennar Homes (Project No. 16-51)

The City has received an application from Lennar (the "Developer") for Final Plat review of Woodlands 2nd Addition, a residential development generally located east of Variolite Street and south of 161st Ave (the "Subject Property").  The Plat is the second phase of the Woodlands project and will create fifteen (15) new single family residential lots.  Through the review of the Final Plat, it was noted that the proposed extension of 159th Ave to the east will, if only temporarily, result in a road segment that is longer than 600 feet.  Upon full build out of the Woodlands site, this Variance would not be necessary.

Staff attempted to notify all Property Owners within a 350 foot radius of the Properties of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

↵The second phase of the Woodlands project will extend 159th Ave to east about 1,300 feet and, based on the phasing of the project, will terminate mid-block.  The Developer will construct 159th Ave ninety (90) feet beyond the intersection with Sapphire St and will also construct a small segment of Sapphire St north of 159th Ave another ninety (90) feet.  Neither segment will have a cul-de-sac bulb constructed initially.  However, Public Works, Engineering and Fire Staff have reviewed the proposed configuration and are supportive of it.

The Final Plat is consistent with the approved Preliminary Plat.  The Final Plat does not include or reserve a road corridor connection to Traprock St to the south in accordance with direction from City Council.  The project does include a trail from 159th Ave south to Traprock St that would be located on private property within the Subject Property encumbered with a Trail Easement.  Furthermore, the plans include stubbing a trunk water line south (through the trail corridor) to the northern terminus of Traprock St and installation of a fire hydrant at the north end of Traprock St for fire safety purposes for the Traprock Commons neighborhood.

The build out of the Woodlands site will eliminate the need for this Variance as it will create multiple ways to access 159th Ave.  As drafted, the Developer would be required to construct the bulb of the cul-de-sac if the condition triggering the Variance is not eliminated within one (1) year of the recording of the Plat (essentially with commencement of construction of another phase of the project), but would be eligible to seek an extension of time with City Council approval.

When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors:

1. Is the property owner proposing to use the property in a reasonable manner?
2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner?
3. If granted, would the variance alter the essential character of the locality?

The proposed Final Plat is consistent with the approved Preliminary Plat and approval of the Preliminary Plat did not place conditions on how the phasing of the project must occur.  Also, the cul-de-sac length is an interim condition that will be eliminated when the land north of 159th Ave and south of 161st Ave (all within the Woodlands Preliminary Plat) is developed as it will create additional road connections.  The additional 'flow' entering the sanitary sewer system from this phase will also aid in moving the effluent through a relatively flat segment of this utility.  Thus, it appears to be a reasonable use of the property that does not alter the essential character of the locality.
 
Alternatives

Alternative #1: Adopt Resolutions #16-04-063 and #16-04-064 approving a variance to deviate from the maximum allowable length of a cul-de-sac.  The proposed Final Plat complies with the approved Preliminary Plat of Woodlands; however, based on the phasing of the project, it is resulting in the road terminating mid-block.  When the future phase to the north commences, it should result in additional road connections to 160th Ave (not yet constructed) and 161st Ave (existing), thus eliminating the need for this Variance.  The Variance essentially is an interim solution.  Staff supports this alternative.

Alternative #2: Do not approve the Variance.  Without the Variance, the Final Plat of Woodlands 2nd Addition would need to be revised such that the road does not extend more than 600 feet beyond Uranimite St, which would eliminate four (4) or five (5) of the proposed lots.  The sanitary sewer line through this area is fairly flat with relatively few homes connected at this time.  The gravity flow would benefit from these additional homes coming 'on-line'.  As this is only an interim issue and the need for this Variance will be eliminated with a future phase of the Woodlands Project, Staff does not support this alternative. 

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

Staff recommends approving Resolutions #16-04-063 and #16-04-064 granting a variance to the maximum allowable cul-de-sac length.

Motion to adopt Resolutions #16-04-063 and #16-04-064 granting a variance to maximum allowable cul-de-sac length on the Subject property.