PUBLIC HEARING: Review Multiple Items Related to River Walk Village Preliminary Plat; Case of Village Bank (Project #18-163)

Summary
The purpose of this case is to review the Preliminary Plat Application submitted by Village Bank (the "Applicant") for River Walk Village, at the property generally known as 6080 Highway 10 NW (the "Subject Property") for a 14 lot residential subdivision. The Applicant has proposed 50-foot wide, R-2 Detached Villa lots.

The actions being considered tonight are:

• Variances (Public Hearing, Planning Commission makes decision)
• Rezoning (Public Hearing, Planning Commission makes recommendation)
• Comprehensive Plan Amendment (Public Hearing, Planning Commission makes recommendation)
• Approval of Preliminary Plat (Public Hearing, Planning Commission makes recommendation)
• Ordinance Vacating Road Right-of-Way (Update only)

Previous Proposal(s)
The City saw a similar proposal in the past, which was halted due to the cost of removing buried construction debris onsite. The Applicant is proposing to remove all the debris with the construction of this project. A debris removal plan will be required as part of the approval process. It is assumed that there are no hazardous materials. However, there is approximately an acre of disturbance as deep as 14 feet. The site was utilized as an unpermitted landfill for construction materials sometime in the past (predating current ownership). This material must be mitigated as part of the project. The Planning Commission saw the sketch plan for this project at the March 7, 2019 meeting and were generally supportive of the project with the removal of two lots (resulting in 12 total lots). The City Council also discussed at their March meeting and they were supportive of moving the project forward with 14 lots with density transitioning in place. Please note that the concept plan was revised after the initial Planning Commission Review in order to provide better density transitioning against existing lots.

Notifications of this proposal and this Public Hearing were sent via Standard US Mail to Property Owners within 700 feet of the Subject Property, as reflected by Anoka County Property Records. A notice was published in the Anoka Union Herald, the City's official newspaper. Property Owners within 700 feet of the Subject Property, as listed in the Anoka County Property Records, were also notified of the workshop held on April 25, 2019 for the proposed project.

Notifications for future steps are not required. This Public Hearing is the primary means for the public to provide comment on this proposal.

 

Roads/Access
The Applicant is not proposing access onto Highway 10, though the City Police and Fire Departments had requested an emergency access from the north, potentially in the form of a trail with breakaway barriers. The MnDOT has since provided feedback on the proposed emergency access and it will need to be removed from the plan set. The cul-de-sac does meet size requirements but is longer than allowed by City Code and will require a variance (discussed later). The MnDOT review letter is attached.

• Preliminary plat will need to be updated to remove this access based on MnDOT comment. No action required.

Mississippi River Impacts
The southwestern part of the Subject Property is in the Mississippi River Corridor Critical Area (MRCCA). This program is intended to protect the critical land along the Mississippi River, and has development standards for environmental impacts. The current proposal is showing a stormwater pond and clear-cutting of the trees in this area. Staff recommends working with the Applicant to rearrange the site to ensure this area remains as untouched as possible and conforms to the DNR regulations. Staff sent the proposal to the DNR and has been working with the DNR to ensure the project meets all required regulations but has not received formal comment.  The Environmental Policy Board (EPB) reviewed this aspect of the project and recommended full compliance with the MRCCA standards related to vegetation management.

• Planning Commission action: Direct staff to ensure that preliminary plat submission is updated to meet MRCCA requirements, or direct staff to process a variance to MRCCA clear cutting standards. Staff supports the project meeting the MRCCA clear cutting requirements.

Landscaping
The site requires density transitioning for the adjacent properties to the west, which are located in the R-1 Residential District (MUSA). The EPB reviewed this aspect of the project as well and recommended full compliance with the density transitioning standards as well as enhanced landscaping along the northern boundary to buffer the proposed lots from existing industrial uses.  The Applicant has included enhanced landscaping along the northern border along with a six (6) foot tall privacy fence.  Discussions have occurred with the Applicant about the density transitioning requirements and the plans are being updated to address this standard.

• Planning Commission action: Direct staff to ensure the plan sheets are updated to include required landscaping in density transitioning area.

Variances
Cul-de-Sac Length
The Applicant is proposing to extend Rivlyn Avenue, which would terminate at a public cul-de-sac. The total cul-de-sac length would be approximately 995 feet. The Planning Commission would need to grant a variance to total cul-de-sac length in order for the project to move forward. The road would be a public road, and sidewalks will be required on at least one side of the road (which is not currently shown on the plan set). The cul-de-sac would meet minimums for cul-de-sac width.

• Planning Commission Action: Approve/Deny Variance. Staff recommends approval of the variance.
  • Is the request reasonable? Yes, extending a public road so a site has access is reasonable.
  • Is this a unique situation uncaused by the landowner? Yes, the site is oddly shaped and Staff would like to reduce accesses off Highway 10.
  • Would the variance alter the character of the locality? No, while it would extend the existing cul-de-sac, the cul-de-sac would meet the City's minimum standards and it wouldn't impact any existing residents.

Bluffline Setback (Shoreland Rules)
The DNR Shoreland Rules require a fifty (50) foot setback from the ordinary high water line (OHWL) of the Mississippi River off the oxbow, and a 100 foot setback from the ordinary high water line of the Mississippi River off the main channel. It appears that the homes meet the 50 foot setback from the OHWL, though one lot does not meet the required 30 foot setback from the bluffline.

Planning Commission Action: Approve/Deny Variance. Staff recommends approval of the variance.

• Is the request reasonable? Yes, a detached villa lot is a reasonable use of the property.
• Is this a unique situation uncaused by the landowner? The property does have unique topography and is unique because the area in question abuts the oxbow of the Mississippi River instead of the main channel. There are numerous properties along the Mississippi River that are subject to similar regulations, many of which are lawful nonconforming as they were built prior to the adoption of the MRRCA overlay district.
• Would the variance alter the character of the locality? It could. While the site is oddly shaped, all properties along the Mississippi River are subject to certain standards to protect the quality of the Mississippi River. Staff supports the variance for this unique situation with the understanding that future homeowners would likely not be granted a variance to expand their properties toward the Mississippi River, or put a shed in those areas. Staff would like an exhibit of the bluffline to put in the subject property files so future residents can easily find this information.

Please note that Lot 7 would require a variance as drawn on the plan set attached to this case and sent to neighboring property owners; the Applicant and their team are confident they can redraw the lot boundaries to meet the City Code requirements so it is not included in this case.

Rezoning/Future Land Use
The Subject Property is located in the E-1 Employment District, with a small portion in the R-1 Residential (MUSA) District (Single Family Detached Homes). The site is currently two separate parcels and includes right-of-way for Rivlyn Ave. The Applicant is proposing to rezone the entire property to R-2 Residential District (Detached Villas) and is proposing 50 foot wide lots with detached single family villas. The 2030 Comprehensive Plan guided the entire site as business park. As Staff works on finishing the 2040 Comprehensive Plan Update and Future Land Use Map, Staff is supportive of re-guiding this property as medium density residential. A public hearing is required for this change, as previous drafts of the 2040 Plan did not show this area guided as such.

• Planning Commission action: Recommend the City Council approve/deny the rezoning and guide the site for medium density residential in the 2040 comprehensive plan. Staff recommends approval of the rezoning and comprehensive plan amendment.

Preliminary Plat
The Subject Property is located in the E-1 Employment District, with a small portion in the R-1 Residential (MUSA) District (Single Family Detached Homes). The site is currently two separate parcels and includes right-of-way for Rivlyn Ave. The Applicant is proposing to rezone the entire property to R-2 Residential District (Detached Villas) and is proposing 50 foot wide lots with detached single family homes. This is typically the last time that the Planning Commission will see a residential subdivision, so this is the best opportunity to weigh in on the project and request any edits or additional information. After preliminary plat is approved, the project does have more authority.

Alternatives

• Alternative 1: Adopt the attached variance resolution and recommend the City Council approve the attached resolutions for preliminary plat/comprehensive plan update and related Ordinances. Staff supports this alternative.
• Alternative 2: Modify attached variance resolution and recommend the City Council approve the attached resolution for preliminary plat/comprehensive plan update and related Ordinances. Staff could support this alternative if the Planning Commission felt it appropriate to deny variance requests for bluffline setbacks.
• Alternative 3: Deny all variance requests and recommend denial of the preliminary plat and associated requests. Staff does not support this alternative. If there are additional items the Planning Commission would like to see, or edits made, Staff will work with the Applicant to get those items and Staff would recommend tabling the item (Alternative 4).
• Alternative 4: Table until the next meeting to get specific answers or items addressed on the plan sheets. Staff could be supportive of this if the Planning Commission felt they required more information before making a recommendation.

All costs associated with processing the Application are the responsibility of the Applicant.

The Developer has applied for a Brownfields Cleanup Grant through the Minnesota Department of Employment and Economic Development as well as a Livable Communities Action - Tax Base Revitalization Account (TBRA) Grant from the Metropolitan Council. These two grants coupled together require a local match of 12%, proposed to be paid by the Anoka County Housing and Redevelopment Authority (ACHRA). This aspect is for informational purposes only. The Planning Commission is not asked to provide a recommendation on this aspect.

City Staff recommends the following:

1. Motion to Adopt Resolution #19-099 Approving Variances for Cul-de-Sac Length and Bluffline Setbacks
2. Motion to Recommend the City Council adopt Resolution #19-098 Approving the Preliminary Plat and Comprehensive Plan Amendment Contingent
3. Motion to Recommend the City Council introduce Ordinance #19-10 Rezoning the Subject Property from R-1/E-1 to R-2 Detached Villas, Contingent Upon Successful Trail Relocation and Dedicated Outlot for the Trail

1. Motion to Approve Resolution #19-099 Approving Variances for Cul-de-Sac Length and Bluffline Setbacks
2. Motion to Recommend the City Council adopt Resolution #19-098 Approving the Preliminary Plat and Comprehensive Plan Amendment.
3. Motion to Recommend the City Council introduce Ordinance #19-10 Rezoning the Subject Property from R-1/E-1 to R-2 Detached Villas, Contingent Upon Successful Trail Relocation and Dedicated Outlot for the Trail