Consider Recommendation and Approvals Related to Ridgepointe, a Major Subdivision; Case of Village Bank
 

1. Resolution #14-07-134 Adopting Findings of Fact #0930 Related to a Request for a Variance to Maximum Cul-De-Sac Length
2. Resolution #14-07-135 Granting a Variance to Maximum Cul-De-Sac Length
3. Resolution #14-07-136 Adopting Findings of Fact #0931 Related to a Request for Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat
4. Resolution #14-07-137 Approving Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat

The purpose of this case is to consider a Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat Approval for a seven (7) lot single family subdivision that is immediately adjacent to Rivlyn Avenue that will extend an existing cul-de-sac. The site is located on the easternmost border of the City, adjacent to the City of Anoka. The purpose of the Preliminary Plat is to provide approval of the layout and configuration of the Plat. The Planning Commission should consider Preliminary Plat approval to be approval of the plat itself, with the Final Plat approving a document for recording as well as approving the final construction plans to achieve the approved layout. The Final Plat is not reviewed by the Planning Commission.

The Technical Review Memo provides a brief overview of the request with revisions and additional materials that will be required as a contingency of approval.

Staff attempted to notify all Property Owners within 700 feet of the Subject Property via Standard US Mail of the Public Hearing. A Public Hearing Notification was also published in the Anoka County UnionHerald.

The Applicant is requesting to develop a currently undeveloped portion of the Subject Property as seven (7) single family lots, with the extension of Rivlyn Drive. Generally speaking, the request complies with the minimum standards of the R-1 Residential (MUSA) District. The proposed plat meets minimum bulk standards of the zoning and subdivision code. Future building permits must comply with the remainder of the requirements of the R-1 Residential (MUSA) District.

The site is currently impacted by the Highway 10 Access Planning Study currently initiated by the Minnesota Department of Transportation (Mn/DOT). One of two alternatives for the area that would create a local road connection required to remove existing private access to Highway 10 conflicts with the proposed plat. The second of the two alternatives would allow the proposed plat to move forward from the perspective of the Study. On April 8, 2014, the Planning Commission directed the Applicant to postpone further review of the Plat until completion of the Highway 10 Access Planning Study. At that time, it was anticipated that the Study would be completed in June of 2014. The Applicant applied for Preliminary Plat review on June 3, 2014. The final Open House of the Highway 10 Access Planning Study was held on June 25, 2014. In order to compile comments from this Open House and consider final modifications to the study alternatives, Mn/DOT anticipates the final report to be complete by sometime between July and August of 2014 in order to bring a quality product to the local government units that are part of the Study.

Additionally, the site is further impacted by the Mississippi River Trail construction, currently underway and commencing construction on this site later this spring. The proposed plat was revised to accommodate the approved alignment of this trail. The trail was awarded a federal grant, and the construction contract has been awarded and construction is already underway. It is not feasible to expect that the trail alignment and construction can be modified at this point without exposing the project to contractor damage issues or unnecessary contract delays as part of the grant award. The Plat can accommodate the alignment of the trail; however, the final grades and improvements necessary to maintain this alignment will need to be verified on the Final Plat documents.

The proposed plat contemplates fill within identified floodplain boundaries. It does not appear that any fill is being proposed within floodways. By introducing fill within a floodplain boundary in order to create building pad sites, a Letter of Map Revision (LOMR), approved by the Federal Emergency Management Agency (FEMA), shall be required. Final Plat approval will not be granted until FEMA has approved a LOMR.

The Applicant has requested that the City consider constructing the required Stage I and Stage II Improvements (public improvements such as streets and utilities) as a City Improvement Project, then assessing the costs back to the benefited properties. The City Council will be considering this request parallel to this subdivision request. An Assessment Agreement as part of the standard Development Agreement shall be required.

Alternatives

Alternative #1: Recommend that action on the proposed plat be postponed until the City Council has adopted the Highway 10 Access Planning Study. Per Minnesota Statute 15.99, the City must act upon a written request/Application within 60 days of receipt. The City has until August 3, 2014 to either approve or deny the request. The City does have the ability to extend this timeframe another 60 days to October 2, 2014. The Applicant would need to approve any further extensions beyond that date, or the request would become automatically approved.

It would be acceptable for the Planning Commission to recommend to the City Council to eliminate this local road alternative from the Access Planning Study if that was the recommended policy of the Planning Commission and the Commission felt it to be appropriate to approve the Plat with the removal of this specific conflict. Multiple alternatives of said study have been eliminated or amended throughout the course of the Study in other geographic areas of the Study Area.

Alternative #2: Recommend approval of the Plat as proposed. This alternative will have several outcomes, most notably the elimination of one local road alternative of the Highway 10 Access Planning Study. As stated previously, this would require that the City Council ask Mn/DOT to formally remove that alternative of the Access Planning Study from consideration. This request could run parallel to review of the Plat and be a contingency of any approval.

Alternative #3: Recommend approval of a portion of the Plat. Consensus of the Planning Commission and Environmental Policy Board (EPB) was that low density residential along the south side of Riverdale Drive was most appropriate, as those parcels abut the Mississippi River. The Commission previously expressed concern about transition with the proposed lots on the north side of Rivlyn Avenue that would be in close proximity to the existing Employment District or preclude Rivlyn Avenue from being able to be connected to any future local road connection.

Alternative #4: Recommend denial of the Plat. The Planning Commission did note concern about adequate transition area between land use types (employment and low density residential). It would appear that the Applicant could move forward with a portion of the Plat, with the remainder to be considered upon completion of the Access Planning Study, complete with findings, future land use scenarios, and feedback specific to these future land use scenarios.

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

On April 3, 2014, the Planning Commission directed the Applicant to postpone review of the proposed Plat until the Highway 10 Access Planning Study is complete. At this time, said Study is not complete, but the Planning Commission could consider a contingent recommendation to forward to the City Council.

Motion #1: Motion to adopt/not adopt Resolution #14-07-134 adopting Findings of Fact #0930 related to the request for a Variance to Maximum Cul-de-Sac length.

Motion #2: Motion to adopt/not adopt Resolution #14-07-135 approving a Variance to Maximum Cul-de-Sac length.

Motion #3: Motion to recommend that the City Council adopt/not adopt Resolution #14-07-136 adopting Findings of Fact #0931 related to the request for Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat approval.

Motion #4: Motion to recommend that the City Council adopt/not adopt Resolution #14-07-137 approving a Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat for Ridgepointe, contingent upon compliance with the Staff Review File dated July 3, 2014 and the following:
 

1. Execution of a Development Agreement with the City
2. Approval of a Letter of Map Revision related to Flood Plain Boundaries
3. Elimination of Highway 10 Access Planning Study Tungsten Street Area Local Road Connection Alternative #2 (Backage Road)