Receive Update of Pearson Bowers Drive Concept (Project No. 16-31a)

The intent of this case is to provide a new update since this case was last reviewed on July 21, 2016. The Minnesota DNR has completed the Public Hearing and Administrative Law Review of the draft rules. The Administrative Law Judge has recommended approval of the rules, with the exception of provisions related to Native Plant Communities. Additionally, Staff has received additional feedback from DNR Staff on potential process related to this particular development scenario.

As the Planning Commission is aware, Pearson Properties of Ramsey, LLC, is considering a detached single-family development along Bowers Drive.

Notification is not required at this stage. However, two (2) public workshops have been held on the topic.

The project entails the creation of one (1) acre lots on private well and septic. Generally speaking, there are two (2) main policy discussion points Staff is seeking direction on. Please note that there are several layers of complexity to this request that will need to be solved as the development concept moves through the review process. Staff is focusing on two (2) primary issues at this stage. If policy direction is in the negative on either of the two (2) points below, the development concept is not feasible and the project does not move forward.

1. Lot Size as required by Mississippi River Corridor Critical Area (MRCCA)
2. Private Well and Septic in Metropolitan Urban Service Area (MUSA)

Lot Size

The driving factor for lot size is MRCCA. Current, the minimum lot size for the project is 2.5 acres. The proposed lot size is one (2) acre.

However, as the Commission is aware, the DNR is in the process of updating the Overlay District. Based on the current draft, minimum lot size to this parcel would defer to the underlying zoning district. In this case, the minimum lot size would be 10,800 square feet (0.25 acres), rendering the lot size question a moot point. The Administrative Law Judge has recommended approval of these rules, with the exception of rules pertaining to Native Plant Species. It is unknown next steps or timelines for the rule implementation at this time.

The Minnesota DNR has recommended that the City submit the development concept for official review as a Planned Unit Development (PUD) for further consideration by the DNR. The DNR may consider an allowance to cluster lots, if certain areas are permanently protected as open space. This is a change in policy direction from the previous Planning Commission review.

Underlying Zoning District

The site is located in the R-1 Residential (MUSA) District. The intent of this district is to provide for future detached, single-family homes on municipal water and sanitary sewer. Properties in this district must wait to develop unless these utilities are available.

Existing homes on Bowers Drive are private well and septic, and are planned to remain as such. With that in mind, it is unlikely that these utilities will be extended in Bowers Drive, at least for the foreseeable future. The City Charter prohibits the City from compelling existing properties to connect to these municipal services.

The Planning Commission at a previous meeting agreed in concept that development review should focus on private well and septic for these future lots to better match the existing built environment.

Staff's original recommendation was for an emergency access corridor for a future second access point to Bowers Drive. This request has not been included in the current plan set.

This case is being handled as part of normal Staff duties.

Staff recommends that the Concept Development be submitted to the DNR as a Planned Unit Development for official comment.

Motion to recommend that the City Council submit the Concept Development as a Planned Unit Development to the DNR for Official Comment.