Approve Actions Related to Pearson Place (Project No. 16-31), Resolution #17-07-163; Case of Development Consulting Services, LLC

1. Introduce Ordinance #17-10 Approving Zoning Amendment
2. Adopt Resolution #17-07-163 Approving Preliminary Plat

The City has received an application for a Zoning Amendment and Preliminary Plat for Pearson Place, a proposed twelve (12) lot single family residential subdivision located on the north side of Bowers Drive near the end of the cul-de-sac where there is a gap between existing homes (the "Subject Property"). The Planning Commission reviewed a concept plan for this project in March of 2016 and the City also hosted two (2) public workshops regarding that concept plan in 2016 as well. The Planning Commission reviewed the official Sketch Plan for Pearson Place on June 1, 2017 and the Preliminary Plat and Zoning Amendment on July 6, 2017.

Staff attempted to notify all Property Owners within a 700 foot radius of the Subject Property and all Property Owners on Bowers Drive 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 project site is located within the Mississippi River Critical Corridor Area (MRCCA) and so Staff also notified the Minnesota Department of Natural Resources (DNR).

The Subject Property is located on the north side of Bowers Drive, near the end of the cul-de-sac, which is slightly over a mile long. The Preliminary Plat would create twelve (12) new single family residential lots on the north side of the road where there is a gap of approximately 1,400 feet between existing homes. The Preliminary Plat also includes three (3) outlots. Outlot A runs along the rear lot lines of the existing homes on the north side of Bowers Drive to serve as a buffer to potential future development of the remaining agricultural land. Outlot C would reserve a corridor for a possible future street connection should the adjacent agricultural land be developed in the future. Outlot B simply addresses the remainder of the property (approximately 90 acres).

The preliminary plat will need to be revised because in it's current layout, Outlot B includes the house and lot at 14821 Bowers Drive and the house and accessory buildings at 8846 Highway 10. Outlots are not developable without being re-platted into buildable lots and thus, these areas should either be shown as exemptions to this plat or platted as lots rather than being lumped into Outlot B.

The portion of the Subject Property proposed for development at this time is guided as Low Density Residential in the Comprehensive Plan, is zoned R-1 Residential (MUSA), and is located in the MRCCA Overlay District. As was noted during the Sketch Plan review, the DNR just recently completed a rulemaking process that created new districts in the MRCCA and, for non-riparian lots, primarily defers to the underlying zoning district for dimensional standards. However, the City has yet to receive the necessary guidance from the DNR to proceed with updating our Zoning Code and Comprehensive Plan and thus, are caught in a transitional time.

As a result, the Applicant has also applied for a Zoning Amendment to rezone the land to a Planned Unit Development, which, if approved, is a legal instrument that would allow deviations from certain standards (setbacks, use of private utilities rather than municipal services, etc.). The proposed lot size, lot width, and density all appear to conform to the R-1 Residential (MUSA) bulk standards, as outlined in the Staff Review Letter. Furthermore, the DNR has previously commented that they would be generally supportive of this approach as the proposed lots would comply with the new MRCCA rules. The public benefit would be the fifty (50) foot wide outlot (Outlot A) along the rear boundary of the existing homes on the north side of the road to serve as a buffer to future development. This area is heavily wooded and would provide both visual and noise buffering from future uses. This idea came out of the public workshops held last year and is supported by the developer and property owner.

At the public workshops last year, the primary concerns raised by attendees focused on concerns with construction traffic on Bowers Drive and the lot sizes proposed. More recently, Staff understands that concerns have been raised about the loss of vegetation along Bowers Drive. As previously noted, per the new MRCCA rules, one (1) acre lots would be acceptable. They also seem to be compatible with many of the other lots along Bowers Drive, with the exception of four or five lots directly across the street. These lots were platted as part of Bowers Mississippi Acres 3rd Addition and are each approximately 200 feet in width. When measured at the building setback line, the proposed lots range from approximately 103 feet in width up to 127 feet in width. While narrower than those directly across the street, the lots are very similar to the majority of existing lots on Bowers Drive. Additionally, the proposed lots range in size from 1.04 acres to 1.89 acres in size, which is consistent with the existing lots (ranging from about 0.44 acres to 1.84 acres in size).

The submittal does include a preliminary Tree Preservation and Landscape Plan that does identify the significant trees, as defined in City Code, within the limits of construction. The only real impact to this thin strip of vegetation along the right-of-way will be the result of installing a driveway to access each lot. However, based on the submitted plan set, no significant trees would need to be removed in the development of these lots. The Developer has also indicated that each lot will be planted with two (2) front yard trees, per City Code requirements.

As noted previously, Bowers Drive is a long cul-de-sac with no other access point. While many of the residents noted at the workshops that they enjoy this setting, it is also a major factor in their concern about construction traffic and potential road damage due to heavy equipment. At the direction of the City, the Sketch Plan and now the Preliminary Plat does reserve a sixty (60) foot wide corridor (Outlot C) that could serve as a future access if/when the remaining agricultural land develops in the future, even if only reserved for emergency access. The City's Public Works and Public Safety Teams very much prefer improved access abilities to this neighborhood for a variety of reasons.

The proposal includes serving each lot with a private well and septic system, similar to all the existing homes on Bowers Drive. The plan set does identify both a primary and secondary site for a septic system, a requirement that was not in place when this neighborhood was originally platted. The primary and alternate sites are a requirement of Minnesota Rules 7080, which exist to provide baseline protections against contamination due to septic systems.

Alternatives

Alternative 1: Approve the Preliminary Plat and Zoning Amendment for Pearson Place, contingent upon compliance with the Staff Review Letter. The bulk standards (lot size, lot width, setbacks) of the R-1 Residential (MUSA) district and the new MRCCA district (albeit not yet adopted) standards are generally met with this proposal with the exception of the use of private utilities rather than municipal sewer and water. However, the use of private utilities matches the existing development pattern on Bowers Drive and includes both primary and alternate locations for a septic system on each lot. Since this is a transitional time between existing MRCCA rules and new MRCCA rules, Staff supports the use of a PUD to address the differences in standards with the inclusion of the outlot that will serve as a buffer for the existing homes along Bowers Drive against potential development in the future.  The Planning Commission supported this alternative.

Alternative 2: Deny the Zoning Amendment and Preliminary Plat. The proposed subdivision seems to be generally compatible with the Bowers Drive neighborhood. It will provide a buffer for the existing homes against potential future development and reserves a corridor for a possible future street connection, which our Public Safety Staff believes to be critical. Staff does not support 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 and Preliminary Plat contingent upon compliance with the Staff Review Letter.

Motion to introduce Ordinance #17-10 and adopt Resolution #17-07-163 approving the Zoning Amendment and Preliminary Plat for Pearson Place, contingent upon compliance with the Staff Review Letter.