REVISED [June 22, 2018]: Adopt Resolution #18-130 Approving Revised Preliminary Plat for Riverstone; Case of Capstone Homes

Update: this case has been revised to add Future Land Use Map (Comprehensive Plan), Zoning Map, and Previous Plans for Outlot C Northfork for context. The letter from AKM Farms (Paxmar) has a development proposal that is not consisistent with the current Comprehensive Plan and Zoning Map. The future/planned land use for Outlot C, Northfork is key to the discussion and objections raised by AKM Farms.

The purpose of this case is to consider a revised Preliminary Plat for Riverstone, a 293 lot residential subdivision. Primarily, the intent of this revision is to satisfy contingencies of original Preliminary Plat approval. Of note, plans for pedestrian crossings at Alpine Drive are included. Secondarily, the Developer (Capstone Homes) desires to slightly revise lot widths on two (2) blocks to slightly widen lots, resulting in the net reduction of approximately two (2) lots. Overall, the project is significantly the same as originally approved. Finally, the Developer proposes a slight modification to topsoil standards to address stormwater and drainage.

Staff attempted to notify all Property Owners within 700 feet of the Subject Property. The Public Hearing was also published in the Anoka County UnionHerald.

Specific details are included in the Staff Review Letter.

The City has received a letter from AKM Farms, LLC (Paxmar) objecting to the Preliminary Plat on two (2) grounds. Staff recommends that the Preliminary Plat proceed forward as originally approved and recommended.

1. AKM Farms believes density transitioning should be applied adjacent to Outlot C, Northfork.
2. AKM Farms requests that utilities be extended through Riverstone to serve Outlot C, Northfork

Density Transitioning

Density Transitioning requirements apply to new development adjacent to existing residential neighborhoods. In this case, Staff has interpreted Outlot C, Northfork as not being an existing residential neighborhood. There are no homes constructed on this outlot. There are no public utilities constructed on this outlot.

AKM Farms argues that since Outlot C is zoned as Planned Unit Development (PUD) as part of the Northfork subdivision, that it shall be defined as an existing residential neighborhood. Staff and the City Attorney do not agree with this interpretation.

Municipal Water Supply and Sanitary Sewer

Paxmar has requested that the Preliminary Plat be modified to extend municipal water supply and sanitary sewer to Outlot C, Northfork. Outlot C is NOT located in the future urban service area. This request was also made by Paxmar in 2017 after Preliminary Plat approval, but as part of Final Plat approval for the first phase of Riverstone. Riverstone Land, LLC (Capstone) was asked if they would be willing to incorporate this utility extension as part of their project. Capstone Homes responded that they objected to this requirement. Since the City Council had already approved the Preliminary Plat, giving certain entitlements to the project, the City Council did not make this a requirement.

From a legal perspective, there is no requirement at this time for the City to require this extension. However, from a long term planning perspective, it does have certain merits by allowing maximum flexibility in future land use planning. There are financial implications to the Riverstone project in terms of extra pipe size, pipe depth, pipe length, and the likely loss of two planned lots.

All costs associated with processing the request are the responsibility of the Applicant. There are no City funds associated with this current request (it is noted that the City previously participated in the cost of upgrading infrastructure for Puma Street to facilitate this and other adjacent projects).

The Planning Commission recommends approval of the revised Preliminary Plat as proposed by Capstone Homes (Riverstone Land, LLC), contingent upon including a water supply and sanitary sewer connection to Outlot C, Northfork.

The objection by AKM Farms related to density transitioning has been reviewed by the City Attorney. The City Attorney believes that the City has acted within the provisions of the City Code and can move forward with the Preliminary Plat as presented.

Motion Resolution #18-130 approving Revised Preliminary Plat for Riverstone.