Consider Preliminary Plat, Final Plat and Easement Vacation Related to the Proposed Plat of Brookfield 5th Addition; Case of 21st Century Bank

21st Century Bank (the "Applicant") has submitted an application for Preliminary and Final Plat review for a proposed minor plat known as Brookfield 5th Addition. The minor subdivision proposes to re-plat approximately 0.31 acres to create one (1) buildable single-family lot. The proposed plat would not re-configure existing property lines other than to dedicate public road right-of-way. The proposed subdivision would convert an existing outlot to a buildable lot (the "Property"). The Property is generally located west of Nowthen Boulevard (CSAH 5), along Feldspar St.

This request was first considered at a public hearing in August of 2014.  At that time, the Planning Commission continued the public hearing to the September meeting to provide additional time for the Applicant to address concerns identified by City Staff.  Prior to that September meeting, the Applicant contacted the City stating that they desired to postpone the public hearing to afford them more time to work with the adjacent residents on a potential sale of the Property.

Recently, the Applicant notified the City that an agreement on the sale of the Property could not be reached and subsequently resubmitted an application to plat Brookfield 5th Addition.  The Sketch Plan and Preliminary Plat were reviewed by the Planning  Commission at their January 8, 2015 meeting.

Staff attempted to notify all Property Owners within a 700 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County UnionHerald.

The Preliminary Plat and Final Plat appear to address the concerns that had initially been raised in August of 2014.  The revised submittals address the following items:

• Provides a Drainage and Utility Easement to the western toe of the berm in the rear yard (similar to the lots to the north of the Property).
• Includes ten (10) coniferous trees along southern boundary of the Property to serve as density transitioning.
• Includes the actual footprint of the proposed model home on the Property to demonstrate there is sufficient buildable space to reasonably accommodate the home.
• Dedicates public road right-of-way along the portion of the cul-de-sac bulb of Feldspar Street adjacent to the Property.

The proposed access to the Property is from Feldspar Street via an existing cul-de-sac that is encumbered with a temporary road easement.  When BROOKFIELD 1ST ADDITION was approved, it was anticipated that the extension of Feldspar Street further south would occur in the near future to accommodate redevelopment of those existing, larger lots.  The owner of the adjacent parcel to the south has stated on multiple occasions. The owner stated at the Public Hearing on January 8, 2015 that he he has no intention of selling or subdividing the adjacent parcel for the foreseeable future and also noted as such as part of the original review process of Brookfield in the past. Furthermore, there is lowland in the rear yards of Lots 2 & 3, Block 3, Now and Then Estates that would further complicate the potential extension of Feldspar Street. While together these don't completely eliminate the possibility of future redevelopment and the extension of Feldspar Street, it certainly appears that it won't occur in the near future.

At the time of approval of BROOKFIELD 1ST ADDITION, the cul-de-sac was considered to be temporary until Feldspar Street was extended further south. Thus, the executed temporary road easement only provided a radius of fifty-five (55) feet rather than the standard sixty (60) feet. Furthermore, while the paving section between the curbs appears to have been constructed in accordance with the City's standard specifications, the wing of the cul-de-sac was only designed and installed with the base course of asphalt (no wear course) per the temporary turn-around detail.

Based on the unlikely development potential of the property to the south (at least based on information available at present time) and the request to re-plat the Property into a buildable lot, the general sense is that this cul-de-sac is, for all intents and purposes, serving as a 'permanent' cul de sac.  As such, the Planning Commission had recommended that the City upgrade the cul-de-sac to current standards within its existing footprint.  That recommendation was brought to the Public Works Committee on January 20, 2015 for consideration (that case, with more detail regarding the potential reconstruction, is attached).  The Public Works Committee also has recommended that the City upgrade the cul-de-sac, within its existing footprint, to current construction standards.

The Applicant has demonstrated that a home could be placed on the Property without the need for any variances.  However, concerns have been raised regarding the location of the proposed home as it relates to the existing home to the north.  The Applicant has submitted an application seeking a variance the minimum required front yard setback that, if approved by the Planning Commission, would allow the home to be shifted to west somewhat in an attempt to mitigate the aforementioned concern.  That request is scheduled for a Public Hearing at the February 2, 2015 Planning Commission meeting.

It should be noted that approval of this plat would not preclude the future extension of Feldspar Street. Should that opportunity arise in the future, the City would vacate excess right-of-way that would no longer be needed.  Additionally, it would be at that time that the sidewalk on Feldspar St would be extended in front of this Property and the cul de sac 'wings' would be removed.

There are drainage and utility easements currently encumbering the Property.  The existing easements will be vacated and new drainage and utility easements dedicated as part of the Plat.  

As a final note, within the past year, this is the second request of this nature that the City has reviewed. Additionally, similar requests have been submitted as part of the preparation of the Brookfield 4th Addition and Country Club Hills Plat. It has become very evident based on resident feedback and maintenance operations that the use of an outlot and temporary, reduced road easement is not the ideal tool to address adequate turn around space at the end of a street. Staff is working on developing a policy to avoid this situation in the future.

Alternatives

Option #1. Approve Resolutions #15-01-012, #15-01-026 and #15-01-030 granting Preliminary Plat and Final Plat approval and vacating existing drainage and utility easements on the Property, contingent upon compliance with the Staff Review Letter dated January 23, 2015, and direct Staff to proceed with preparing construction plans and specifications for the reconstruction of the cul-de-sac bulb within its existing footprint.  The Applicant has demonstrated that a home can be reasonably accommodated on the Property and has addressed the concerns identified through the previous review (density transitioning, easement in rear yard, placement of home on lot).  Additionally, the Applicant did have discussions with some of the neighboring property owners to explore their interest in acquiring the parcel but were unable to reach an agreement.   This outlot has now been in existence for nearly ten (10) years and there does not appear to be any sign of potential development that would result in the extension of Feldspar St as had been originally envisioned and deterioration of the cul-de-sac wings is becoming evident.  Thus, Staff supports this option.

Option #2.  Approve Resolutions #15-01-012, #15-01-026 and #15-01-030 granting Preliminary Plat and Final Plat approval and vacating existing drainage and utility easements on the Property contingent upon compliance with the Staff Review Letter dated January 23, 2015, but require the Applicant to upgrade the cul-de-sac.  Whether the proposed plat is approved or not does not address the fact that there is a cul-de-sac constructed to temporary road standards that is, for all intents and purposes, serving as a permanent cul-de-sac.  Also, the cul-de-sac is starting to show signs of deterioration. Upgrading the cul-de-sac, within its existing footprint, to current construction standards would benefit the City, especially during snow plowing events as the curb lines through its center would be eliminated.  Finally, the City has some responsibility for the cul-de-sac as it was approved as constructed with the BROOKFIELD 1ST ADDITION.  City Staff does not support this option. 

Option #3.  Do not approve the Plat or vacate the existing drainage and utility easements and leave the cul-de-sac as is until Feldspar St is eventually extended to the south.  The original developer of BROOKFIELD 1ST ADDITION willingly platted this Property as an outlot anticipating that Feldspar Street would be extended further south in the near future, a risk the developer was willing to take at that time.  However, the Applicant, who assumed this Property after the original developer defaulted, has demonstrated that a home can be reasonably accommodated on the Property while still providing density transitioning and necessary easements.  Also, approval of this plat would not preclude the future extension of Feldspar St should a development proposal be brought forward.  This option also does not address the current condition of the existing cul-de-sac.  City Staff does not support this option.

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

Both the Planning Commission and the Public Works Committee recommend that the City upgrade the existing cul-de-sac bulb, within its existing footprint, to current construction standards.  Note that this is not directly linked to action on the Plat. In other words the City could, after reviewing bids, decline to proceed with the reconstruction project.  Additionally, the Planning Commission recommends approval of the Plat contingent upon compliance with the Staff Review Letter and the execution of a Development Agreement.

Motion to:

• Adopt Resolution #15-01-012 approving the Preliminary Plat entitled 'BROOKFIELD FIFTH ADDITION' contingent upon compliance with the Staff Review Letter dated January 23, 2015
• Adopt Resolution #15-01-026 approving the Final Plat entitled 'BROOKFIELD FIFTH ADDITION' contingent upon compliance with the Staff Review Letter dated January 23, 2015 and the execution of a Development Agreement
• Adopt Resolution #15-01-030 vacating the existing drainage and utility easements on the Property
• Approve the Development Agreement for BROOKFIELD FIFTH ADDITION, subject to review and approval as to legal form by the City Attorney
• Direct Staff to proceed with preparing final construction plans and specifications for the reconstruction of the cul-de-sac within its existing footprint