Approve Actions Related to Estates of Silver Oaks 2nd Addition (Project No. 17-119); Case of John Peterson

1. Adopt Ordinance #17-09 Approving Zoning Amendment to R-1 Residential District (MUSA) (This incorrectly stated Adopt Ordinance - it should have been Introduction)
2. Adopt Resolution #17-07-160 Approving Comprehensive Plan Amendment to Low Density Residential
3. Adopt Resolution #17-07-161 Approving Preliminary Plat

The purpose of this file is to review the official Preliminary Plat Plan, prepared by Roshell Engineering, LLC, for Estates of Silver Oaks 2nd Addition.  This subdivision would create eight (8) new single family residential lots and it is located on Lithium Street NW, PID #14-32-25-12-0011 (the "Subject Property"). The Preliminary Plat Plan submitted includes nine (9) sheets.  The application also includes a request for a Zoning Amendment and Comprehensive Plan Amendment.  The Planning Commission reviewed the Preliminary Plat on July 6 and recommended approving the Preliminary Plat, Zoning Amendment and Comprehensive Plan Amendment.

City Staff attempted to notify all property owners within 700 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

Preliminary Plat Plan Review is the second of several steps in reviewing a Major Plat, which includes Sketch Plan Review, Preliminary Plat, and Final Plat. This case is being reviewed per City Code Section 117-111 entitled R-1 Residential District and Chapter 117, Article III entitled Subdivisions.

Comprehensive Plan:
The Subject Property is currently guided as Rural Developing in the Comprehensive Plan. The intent of the Rural Developing land use designation is to allow for the construction of single-family dwellings without access to municipal sewer and water. The eight (8) lots in the Preliminary Plat are proposed to be served by municipal sewer and water. This will require a Comprehensive Plan Amendment to re-guide the Subject Property as Low Density Residential (LDR).   The adjacent property to the south, which was platted as Estates of Silver Oaks, is guided as LDR as a result of a previous Comprehensive Plan Amendment.

Zoning:
The Subject Property is currently zoned as R-1 Residential (Rural Developing). This allows for the development of single family, detached dwellings with a density of one (1) unit per 2.5 acres. As proposed, the project will require a Zoning Amendment to rezone the Property to R-1 Residential (MUSA), which would allow a net density of up to three (3) units per acre and a minimum lot size of 10,800 square feet. The proposed density of the project is 0.67 units per acre and it appears to meet the minimum lot size and width standards of the R-1 Residential (MUSA) district.

Dimensional/Bulk Standards:
The Developer must demonstrate compliance with the bulk standards of the R-1 Residential (MUSA) district, based on the request for a Zoning and Comprehensive Plan Amendment.  The Preliminary Plat appears to comply with the standards specified for this zoning district.  Specifics are outlined in the Staff Review File.

Wetlands:
There are wetlands on the Subject Property that have been delineated.  The Preliminary Plat needs to be revised to ensure that the drainage and utility easements extend at least sixteen and a half feet (16.5') beyond the delineated boundary of the wetland(s). There are also wetland and storm water pond setbacks that are applicable. The Applicant must ensure that all wetland setback areas are encumbered with drainage and utility easements as outlined in the Staff Review Letter.

Density Transitioning:
As proposed, the development is subject to the density transitioning standards found in City Code Section 117-110. Density transitioning applies to Lots 1-3 Block 1. If landscaping is proposed to satisfy this standard, it must be shown on the landscape plan and should be located in a separate, commonly owned parcel to avoid removals by future homeowners or encumbered with a Landscape and/or Tree Preservation Easement. Discussion with the Applicant outlined the developer's willingness to attempt to reduce tree removal on the east side of the plat as a part of their density transitioning requirements.  They have also expressed a willingness to plant coniferous trees along the rear of the above mentioned lots. An exhibit was recently submitted detailing a reduction in trees removed and revised grading of Lots 1-3 Block 1. Staff has not had adequate time to review the exhibit fully but the Staff Review Letter does address the density transitioning requirements.

Streets and Access:
Seven of the eight lots will gain access from an extension of the Lithium Street cul-de-sac.  The eighth lot will retain access from Trunk Highway 47; however, the remainder of the boundary with TH 47 must be shown as restricted access on the Preliminary Plat and Final Plat.  It appears that the proposed extension of the Lithium Street cul-de-sac does comply with the minimum  design standards.

Sidewalks:
There is an existing sidewalk along Lithium Street that presently terminates at the edge of the temporary cul-de-sac.  Rather than have a sidewalk terminate mid-block, this sidewalk should be extended to the northern boundary of the plat, which would allow for future connectivity should the land to the north develop.  Staff is continuing to discuss this item with the Applicant.

Utilities:
More detail is requested by the engineering staff in regards to how the Applicant plans to connect the larger lot to services. It is currently showing these utilities passing through a drainage pond.

Grading and Drainage:
The project will be subject to review by the Lower Rum River Watershed Management Organization (LRRWMO) regarding both wetlands and storm water.  A LRRWMO permit will be required.

Tree Preservation/Natural Areas:
The City's Environmental Policy Board (EPB) reviewed the Tree Preservation and Landscape Plans at their June 19, 2017 meeting.  There was significant concern regarding the amount of loss of oaks on the Subject Property.  The Natural Resources Inventory does indicate that there is a moderate quality oak forest on the Subject Property that would be significantly impacted by this project.  While the project does comply with the City's Tree Preservation Ordinance, the EPB's concern was that the higher quality, more desirable oaks were being lost while lesser desirable species, such as box elder and cedar, would be preserved.  This is primarily the result of how this site would be accessed (off the existing Lithium Street) and where those higher quality trees are located (east side of the Subject Property).  After much discussion, the EPB ultimately recommended approval of the Tree Preservation and Landscape Plans with direction for Staff to continue to work with the Developer to try and preserve additional trees where possible.  As noted previously, the Developer has prepared an exhibit for Lots 1-3 Block 1 that shows modified house pads with no grading in the rear yards in an attempt to retain additional trees.

Planning Commission
A public hearing was held on July 6, 2017. There was no public input at the Planning Commission meeting or submitted in writing.  The Planning Commission was supportive of the development and recommended approval of Preliminary Plat, Zoning Amendment, and Comprehensive Plan Amendment contingent on compliance with the Staff Review Letter.

Staff has connected with MNDOT since the plat abuts State Highway 47; however, at this time, MNDOT has not submitted any formal comments regarding the project.

Alternatives

Alternative 1: Approve the Preliminary Plat, Zoning Amendment and Comprehensive Plan Amendment contingent upon compliance with the Staff Review Letter.  While the project will result in the loss of some significant tree cover (primarily oaks), it does comply with the Tree Preservation Ordinance.  The Preliminary Plat does show a relocated driveway access to Highway 47 for Lot 5 Block 2 further north on the property to address concerns previously noted by the Planning Commission.  While this project would require a Zoning Amendment and a Comprehensive Plan Amendment, the area immediately south of the Subject Property is zoned R-1 Residential (MUSA) and was reguided to LDR with a previous Comprehensive Plan Amendment.  Staff supports this alternative.

Alternative 2:  Deny the Preliminary Plat, Zoning Amendment and Comprehensive Plan Amendment.  The City is not obligated to grant a Zoning Amendment or a Comprehensive Plan Amendment, both of which would be required for the Plat to be approved.  The project will result in a significant impact to a moderate quality oak forest and disrupt a fairly contiguous natural corridor, but does comply with the tree preservation standards.  However, a development that complied with the existing Rural Developing zoning would likely still result in a disruption to this natural corridor and would still result in a large loss of trees (albeit likely a lesser amount).  Staff is not supportive of this alternative.

All costs associated with processing the Application are the responsibility of the Applicant. There are no City funds proposed to be utilized for the construction of this project.

The Planning Commission recommends approving the Zoning Amendment, Comprehensive Plan Amendment, and Preliminary Plat contingent upon compliance with the Staff Review Letter. 

Motion to waive the City Charter requirement to read the ordinance aloud -AND- adopt Ordinance #17-09 approving a Zoning Amendment for the Subject Property to R-1 Residential (MUSA)

Roll Call Vote:

Councilmember Johns
Councilmember Riley
Councilmember Kuzma
Councilmember Shryock
Councilmember Williams
Councilmember LeTourneau
Mayor Strommen

Motion to adopt Resolutions #17-07-160 and #17-07-161 approving a Comprehensive Plan Amendment and Preliminary Plat for Estates of Silver Oaks 2nd Addition.