Adopt Resolution #19-098 and Introduce Ordinance #19-10 Approving Preliminary Plat and Actions Related to River Walk Village (Case of Village Bank)

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 in the southeastern portion of the City, south of Highway 10 and north of the Mississippi River, just west of King's Island. The City Council has seen this proposal previously, though it has been modified based on staff, MnDOT, and DNR comment.

The items being discussed tonight are:

• Rezoning
• Comprehensive Plan Amendment
• Approval of Preliminary Plat

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 are not required and have not been provided for this City Council Case. As a courtesy to those neighbors that have participated in the review, Staff has reached out to remind them of this City Council Case. 

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 provided feedback that they would not support the access onto Highway 10 and the Applicant has removed it from the plan set. The cul-de-sac does meet size requirements but is longer than allowed by City Code and the Planning Commission passed a variance at their June 6, 2019 meeting to allow for the cul-de-sac onsite. 

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 some cutting of the trees in this area. Staff has worked 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.  The Environmental Policy Board (EPB) reviewed this aspect of the project and recommended full compliance with the MRCCA standards related to vegetation management. Staff does believe that the current proposal, which cuts a few trees in the MRCCA, does meet the intent of the overlay.

Additionally, 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. There is also a required 30 foot setback from any bluffline. Using the City's definition of bluffline, one proposed house pad (Lot 5, Block 3) was ~25 feet from the bluffline; the Planning Commission passed a variance allowing this house to be built closer to the bluff line than typically allowed, with the understanding that the variance is now on record for the property and no further expansion could take place behind the home (including sheds).

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 and Planning Commission 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. The Applicant has also added full density transitioning on the west side of the property.

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. The Planning Commission held a public hearing for this change, as previous drafts of the 2040 Plan did not show this area guided as such. Staff has included this in the attached resolution, contingent upon final plat approval.

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 the best opportunity for residents and the City Council to weigh in on the project and request any edits or additional information. After preliminary plat is approved, the project does have more authority.

Engagement Summary
As noted above, Staff held a public workshop on April 25, 2019 and a public hearing on June 6, 2019. The main concerns from residents were:

• Number of lots
• Size of lots
• Density transitioning
• Increased traffic on short cul-de-sac
• Removal of trees
• Protection of Mississippi River

The minutes from the Planning Commission meeting are attached for reference. Residents who attended the meeting noted that the proposal would double the number of homes on their short block, with lots that are significantly smaller than those on the block currently. The neighbors stated that they were not concerned about the removal of the debris onsite, because it had been there for some time, and that they didn't feel the City should fund the private project because it is not benefiting any neighbors. The residents asked the Applicant if they would complete the project at typical R-1 densities, and the Applicant stated they would not.

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 amount will likely be an approximate ~$100,000 of funding from the City.

The Planning Commission recommended approval of the project, including:

• City Council adopt Resolution #19-098 Approving the Preliminary Plat and Comprehensive Plan Amendment
  • Contingent upon compliance with the Staff Review Letter
• 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

Motion to Adopt Resolution #19-098 Approving the Preliminary Plat and Comprehensive Plan Amendment and Introduce Ordinance #19-10 Rezoning the Subject Property from R-1/E-1 to R-2 Detached Villas, contingent upon compliance with the Staff Review Letter.