Approve Actions for Cole Addition Located Near 168th Ave NW and 168th Ln NW; Case of Bryon and Lynn Cole (Project No. 17-132)

1. Introduce Ordinance #17-12 Vacating Certain Drainage and Utility Easements
2. Adopt Resolution #17-08-202 Approving Final Plat and Development Agreement

The purpose of this file is to review an Easement Vacation request and Final Plat for Cole Addition, a seven (7) lot subdivision located northwest of the intersection of 168th Avenue NW and Garnet Street NW. The project is a re-plat of an existing residential lot at 6951 168th Ave NW and two adjacent, small outlots (together the "Subject Property").  The Planning Commission reviewed the Preliminary Plan for this project at its July 6, 2017 meeting. The Planning Commission was generally supportive of the development contingent on compliance with the Staff Review Letter, including a full size cul-de-sac. The City Council reviewed and approved the Preliminary Plat for this project at its July 25, 2017 meeting, contingent upon compliance with the Staff Review Letter. 

The Developer did pursue a variance to the minimum cul-de-sac design standards.  On August 3, 2017, the Planning Commission held a Public Hearing and denied the variance request.Subsequently, the Developer submitted a revised Final Plat that meets the minimum design standards.

Staff attempted to notify all Property Owners within a 700 foot radius of the Subject Property 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.

Final Plat Plan review is the last 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 Property is currently guided as Low Density Residential in the Comprehensive Plan. The intent of the LDR land use designation is to allow for the construction of single-family dwellings with access to municipal sewer and water. The now eight seven (7) lots in the Final Plat are proposed to be served by municipal sewer and water. All adjacent properties are also guided as LDR.

Zoning:
The Property is currently zoned R-1 Residential (MUSA). This allows for the development of single family, detached dwellings with a density of up to Three (3) units per one (1) acre. As proposed, the Final Plat complies with the allowable density at 2.6 units per acre and it appears to meet the minimum lot size and width standards of the R-1 Residential (MUSA) district. Since this was last presented, the cul-de-sac was reduced in length, the bulb size has increased, and one lot has been dropped to solve for cul-de-sac size and right-of-way requirements.

Dimensional/Bulk Standards:
When preparing the Final Plat, the Developer must demonstrate compliance with the bulk standards of the R-1 Residential (MUSA) district.  As proposed, it appears that all lots meet the minimum bulk standards. The Preliminary Plat previously proposed a temporary road easement rather than dedicated right-of-way for the cul-de-sac bulb. With the revised Final Plat, the developer has dedicated sufficient right-of-way by reconfiguring lot sizes and orientation.  Specifics are outlined in the Staff Review Letter. 

Wetlands:
No wetlands are present on the property. Engineering initially had called for a wetland delineation. The Developer has since submitted documentation of a previous wetland delineation report from Kjolhaug Environmental Services verifying that there are no wetlands within the project site.

Easement Vacation:
There is currently an easement vacation proposed to accommodate the Plat that is approximately 14,950 square feet in size. This easement was used for storm water drainage. The Developer has proposed an infiltration basin to infiltrate stormwater to solve for drainage concerns.

Density Transitioning:
As proposed, the development is not subject to the density transitioning standards.  However, it is worth noting that there is an existing line of mature evergreen trees along the entire length of the eastern boundary of the Subject Property that does provide some buffering/screening between the proposed project and the existing homes.

Streets and Access:
Five of the seven lots will gain access from an extension of the 168th Lane NW cul-de-sac. The existing home and the proposed Lot 4, Block 1 will be accessed from 168th Avenue Northwest. The Applicant did request a Variance to deviate from the minimum cul-de-sac radius requirement, which was denied by the Planning Commission on August 3. Subsequently, the Developer submitted a revised Final Plat and Plans showing one less lot than the Preliminary Plat in order to provide a cul-de-sac that met the City's minimum design requirements.

Sidewalks:
The Final Plat does not include any indication of a sidewalk along the proposed extension of 168th Lane.  There is an existing sidewalk on the north side of 168th Lane that ends at the intersection with Kamacite Street.  There is an existing lot east of this intersection, but outside the boundaries of the proposed Plat, with no sidewalk.  Staff is recommending that sidewalk be installed along the north side of the 168th Lane extension to the bulb of the cul-de-sac, which has been noted in the current and previous Staff Review Letters.   

Utilities and Municipal Services:
All new lots, as well as the existing home, will be connected to municipal services (sewer and water). 

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

The Applicant proposes to vacate a fairly large, existing drainage easement (130 feet by 115 feet in area) on the Subject Property.  The Grading and Drainage Plans will need to clearly resolve how the stormwater would be addressed so that it does not negatively impact adjacent properties or move outside designated easements.  The Applicant's civil engineer, Landform, has since proposed improvements to ensure proper drainage by constructing infiltration basins.

Landscaping:
The plan narrative indicates that the amount of significant tree Diameter at Breast Height (DBH) inches removed will not exceed the allowable threshold by twenty-two (22) inches.  The developer appears to include the base landscaping requirements of two (2) trees per lot.  Deciduous trees shall be at lease one (1) inch in diameter and coniferous trees shall be at lease five (5) feet in height. Each lot is subject to City's topsoil requirement.

Miscellaneous:
It appears that Temporary Construction Easements will need to be obtained from the two (2) adjacent property owners west of the Property to address the removal of the existing cul-de-sac.

Planning Commission:
The Planning Commission held a public hearing and recommended approval of the Preliminary Plat contingent on compliance with the Staff Review Letter. There was public comment received during the Public Hearing that was generally supportive of the project. One resident noted that he moved in to Brookfield 4th Addition, which had been vacant land adjacent to the Subject Property at one time and therefore, he did not have any objection now to this proposed project.  Finally, another property owner in the Brookfield 4th neighborhood had commented that they'd prefer to see the trees on the north side of the Subject Property preserved if possible. A majority of the trees on the north side of the plat have been preserved on the Final Plat Plan. As noted above the Planning Commission did hear and deny a variance request for cul-de-sac bulb radius.

City Council
When City Council last heard the Cole Addition Plans, the preliminary plat plans were approved contingent on compliance with the Staff Review Letter. The Developer has since revised cul-de-sac size and lot configurations to conform with requirements outlined in City Code.  

Alternatives

Alternative #1: Introduce Ordinance #17-12 vacating drainage and utility easements on the Subject Property and adopt Resolution #17-08-202 granting Final Plat approval for Cole Addition contingent upon compliance with the Staff Review Letter.  The Developer has revised the plans to meet the minimum design standards for the cul-de-sac and provided sufficient documentation to verify that no wetlands exist on the Subject Property.  Staff supports this alternative contingent upon compliance with the Staff Review letter, which would include the extension of a sidewalk along the north side of 168th Lane NW to the bulb of the cul-de-sac.

Alternative #2.  Do not introduce Ordinance #17-12 and do not approve the Final Plat for Cole Addition.  The Developer has taken steps to revise the Plat to meet the minimum design standards and bulk standards.  Also, comments at the Public Hearing were generally supportive of the project.  Staff does not support this alternative.


 

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

Staff recommends introducing the Ordinance #17-12 to vacate all drainage and utility easements on the Subject Property contingent upon recording of the Final Plat of Cole Addition and recommends adopting Resolution #17-08-202 granting approval of the Final Plat, contingent on compliance with the Staff Review Letter.

Motion to Introduce Ordinance #17-12 Vacating Certain Easements and adopt Resolution #17-08-202 granting approval of the Final Plat of Cole Addition contingent on compliance with the Staff Review Letter.