Receive Update of Pearson Bowers Drive Concept

As the Planning Commission is aware, Pearson Properties of Ramsey, LLC, is considering a detached single-family development along Bowers Drive.

Notification is not required at this stage. However, two (2) public workshops have been held on the topic.

The project entails the creation of one (1) acre lots on private well and septic. Generally speaking, there are two (2) main policy discussion points Staff is seeking direction on. Please note that there are several layers of complexity to this request that will need to be solved as the development concept moves through the review process. Staff is focusing on two (2) primary issues at this stage. If policy direction is in the negative on either of the two (2) points below, the development concept is not feasible and the project does not move forward.

1. Lot Size as required by Mississippi River Corridor Critical Area (MRCCA)
2. Private Well and Septic in Metropolitan Urban Service Area (MUSA)

Lot Size

The driving factor for lot size is MRCCA. Current, the minimum lot size for the project is 2.5 acres. The proposed lot size is one (2) acre. The Minnesota DNR, whom oversees the MRCCA program and ensures that individual communities are properly administering their ordinances, has stated that the Overlay District does not permit the use of a Planned Unit Development to deviate from lot size as originally planned.

However, as the Commission is aware, the DNR is in the process of updating the Overlay District. Based on the current draft, now in the hands of an Administrative Law Judge, minimum lot size to this parcel would defer to the underlying zoning district. In this case, the minimum lot size would be 10,800 square feet (0.25 acres), rendering the lot size question a moot point.

Staff's current policy interpretation: Until the Overlay District rules are amended, the lot sizes as presented (1.0 acres or greater) is not allowed. Staff would recommend that the development scenario be re-evaluated once amended rules are approve.

Underlying Zoning District

The site is located in the R-1 Residential (MUSA) District. The intent of this district is to provide for future detached, single-family homes on municipal water and sanitary sewer. Properties in this district must wait to develop unless these utilities are available.

Existing homes on Bowers Drive are private well and septic, and are planned to remain as such. With that in mind, it is unlikely that these utilities will be extended in Bowers Drive, at least for the foreseeable future. The City Charter prohibits the City from compelling existing properties to connect to these municipal services.

The Planning Commission at a previous meeting agreed in concept that development review should focus on private well and septic for these future lots to better match the existing built environment.

Staff's original recommendation was for an emergency access corridor for a future second access point to Bowers Drive. This request has not been included in the current plan set.

If the Planning Commission needs additional time to discuss, this topic can be reviewed at the August Planning Commission prior to City Council consideration.

This case is being handled as part of normal Staff duties.

Staff recommends that the City make the following policy statements:

1. The current development proposal should postpone further review until the Overlay District Amendment is approved by the State of Minnesota. If the amendment is approved as proposed, the City would support the proposed lot sizes, as they would exceed the minimum lot size requirements after Overlay District Amendment. This would be a non-binding policy statement.
2. The City supports the development of private well and septic due to surrounding built environment. Existing homes are at least one (1) acre in size and are on private well and septic. Utilities are not anticipated to be available in Bowers Drive. The Developer would provide a permanent buffer to serve as density transitioning as indicated on the plan set in exchange for the deviation on the municipal water and sanitary sewer requirement. This would be a non-binding policy statement.
3. The Developer shall reserve a connection point for Bowers Drive for public safety purposes. Whether this connection point shall be for Emergency Access Only or public use shall be discussed at a future date.

Motion to recommend that the City Council adopt the policy statements above.