PUBLIC HEARING: Consider a Request for a Comprehensive Plan Amendment, Zoning Amendment, Preliminary Plat, and Variances regarding Front Yard and Side Corner Setbacks, Cul-De-Sac Length, and Lot Depth Standards for a proposed development, Brookfield 8th Addition (Project #16-78); Case of Brookfield Land, LLC.

The purpose of this case is to review a development of a twenty-six (26) lot, single family residential subdivision, proposed by Brookfield Land LLC (the "Applicant"), on Outlot A, Brookfield 2nd Addition and PID #09-32-25-44-0017 (together, the "Subject Property").  The site is generally located south of Trott Brook and west of Olivine Street.  The Applicant has submitted an application for the following: Comprehensive Plan Amendment to reguide a portion of the Subject Property from Rural Developing to Low Density Residential, Request for Rezoning a portion of the Subject Property from R-1 Residential (Rural Developing) to R-1 Residential (MUSA), Preliminary Plat, and Variances to Cul-De-Sac Length, Front Yard and Side Corner Setbacks, and Lot Depth requirements.

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

-Preliminary Plat-
Generally speaking, the proposed development appears to comply with the minimum standards of the R-1 Residential District.  The Applicant has submitted an application for rezoning to R-1 Residential (MUSA) from R-1 Residential (Rural Developing) to address Lots 15 and 16, Block 2.  In addition, the Applicant has made application for a Comprehensive Plan Amendment to reguide the southern most property from Rural Developing to Low Density Residential.  All of the proposed lots are proposed to be serviced with municipal water and sanitary sewer.

-Cul-de-sac Variance-
The Applicant is proposing an extension of 168th Circle to access all lots.  There are significant areas of wetlands and floodplain over the southern portion of the Subject Property.  Thus, rather than extending 168th Circle to the south to connect with Quartz Street, the Applicant is proposing to terminate the road in a full cul-de-sac, just north of the wetland area, and plat right-of-way to connect with the existing platted right-of-way of Quartz Street.  The extension would result in a cul-de-sac that exceeds the maximum allowable length of 600 feet. 

The Applicant has submitted a variance request regarding the cul-de-sac length.  Staff considered alternatives with the Applicant including the build out of the Quartz Street extension, which was estimated to cost approximately $750,000, as well as a paved trail capable of carrying emergency vehicles.  Due to the cost of the improvements and the impact that those improvements would have on the high quality wetlands (the second highest ranking out of four ranking categories), Staff's opinion is that the cul-de-sac variance is acceptable.  Public Safety Staff have reviewed the request and found it to be acceptable as well.  Finally, the EPB reviewed certain aspects of this overall project and it was the consensus of that Board that if Public Safety Staff found the length acceptable, they would prefer to avoid the impacts to this higher quality wetland.

-Lot Depth Variance-
Lot 1 Block 1 and Lot 16 Block 2 are irregularly shaped in that they have larger than normal side yards, which could accommodate future improvements such as a deck or accessory building.  Staff recommends approval of a variance from the lot depth standard for Lot 1 Block 1 and Lot 16 Block 2.  Lot 3 Block 1 and Lot 4 Block 1 are interior lots which do not benefit from a larger than normal side yard, making it very difficult for a future homeowner to make common property improvements such as a shed.  In addition, the neighboring lots, Lot 2 and Lot 5, have a much larger useable rear yard that may cause future perception of the buildable area of Lots 3 and 4 to be skewed, creating the likelihood of encroachment into the wetland setback.  Staff recommends denial of the requested lot depth variance for Lot 3 Block 1 and Lot 4 Block 1.  As this request does relate to wetlands and floodplains, the EPB also reviewed this request.  The EPB recommended that the Applicant combine Lot 3 with Lot 2 and Lot 4 with Lot 5 (loss of two lots overall) or potentially combined Lot 3 with Lot 4 (loss of one lot overall).  While the second alternative would still require a variance to lot depth, this lot combination may create a condition similar to that of Lot 1 Block 1 and Lot 16 Block 2 in that a larger than normal side yard would be available and could accommodate future property improvements.

-Front Yard and Corner Side Yard Variance-
There are significant wetlands and/or stormwater ponds in the rear yards of the lots indicated above,  limiting the amount of usable/buildable space.  In May of this year, the City adopted an ordinance amendment that established a minimum lot depth standard to ensure more usable/buildable space in rear yards of newly created lots. A reduced front yard setback should help limit the number of potential encroachment issues and possible wetland fill violations on the Subject Property.  This proposed variance will further increase the area of useable space in the rear of the lots identified.  The usable space is that space where an improvement such as a fence or shed could be placed.

-Comprehensive Plan Amendment-
As proposed, Brookfield 8^th Addition would result in two (2) additional lots being added to the Municipal Urban Service Area (MUSA).  Generally, it is required that adjacent communities review the proposal and provide comment; however, the proposed amendment is able to meet the necessary criteria so that adjacent community review was waived by the Metropolitan Council.  Staff is supportive of the proposed Comprehensive Amendment as the two (2) additional lots will not have an adverse effect on public safety or infrastructure. The property would be re-guided from Rural Developing to Low Density Residential.

-Rezoning from R-1 to R-1 MUSA-
The Applicant has proposed rezoning the property from R-1 Residential (Rural Developing) to R-1 Residential (MUSA).  The proposed zoning designation is in keeping with the change in land use from Rural Developing to Low Density Residential.  Staff is supportive of the proposed rezoning.

Alternatives

Alternative 1:  Recommend approval of the Comprehensive Plan Amendment and Rezoning of the Subject Property; approve the variances for cul-de-sac length and a reduced front yard setback as requested by the Applicant, and approve a variance to deviate from the lot depth standard for Lot 16, Block 2 and Lot 1 Block 1; recommend approval of the Preliminary Plat.  All actions should be contingent upon compliance with the Staff Review Letter dated September 30, 2016.  With the exception of the requested variance for Lots 3 and 4 Block 1, Staff believes that the proposed development is reasonable, comparable with the character of the surrounding Brookfield development, and minimizes impacts to higher quality woodlands (there is an existing Conservation and Trail Easement in place over portions of all lots that abutting Trott Brook) and wetlands.  Staff supports Alternative 1.

Alternative 2: Recommend approval of the Comprehensive Plan Amendment and Rezoning of the Subject Property; approve the variances for cul-de-sac length, reduced front yard setback, and reduced lot depth for either all four (4) lots as requested by the Applicant;  recommend approval of the Preliminary Plat.  All actions should be contingent upon compliance with the Staff Review Letter dated September 30, 2016.  Over the last several years, the City has spent a lot of time working with property owners that were trying to make rather common improvements to their property but couldn't due to constraints like wetlands.  Lots 3 and 4 are the types of lots that the lot depth standard was intended to eliminate.  Throughout the Ordinance approval process, Staff was very transparent in noting that this standard would likely reduce the number of lots created in future subdivisions.  Staff is supportive of this project overall, but not of the requested variance to lot depth for Lots 3 and 4.

Alternative 3: If the Planning Commission recommends approval of the Comprehensive Plan Amendment and the Rezoning, then it should consider approval of the variances for cul-de-sac length, lot width, and front yard and corner side yard variances.  If the Planning Commission recommends denial of one or more of the requested variances, then it should recommend denial of the Preliminary Plat and/or recommend approval contingent upon a revised Preliminary Plat.  Staff is not support this alternative.

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

Staff Recommends Approval of the Following:

• Resolution #16-10-185: Comprehensive Plan Amendment
• Ordinance #16-10: Rezoning from R-1 Residential (Rural Developing) to R-1 Residential (MUSA)
• Resolution #16-10-188: Preliminary Plat
• Resolutions #16-10-181 and #16-10-182: Findings and Variance to allow a 25 foot front yard setback for Lots 1-10 (inclusive) Block 1, and Lot 15 and 16 of Block 2.- Resolutions #16-10-183 and #16-10-184: Findings and Variance to allow a Cul-De-Sac in excess of 600 feet in length to an approximate length of 1,200 feet.
• Resolutions #16-10-189 #16-10-190: Findings and Variance to allow a deviation from the lot width standards for Lot 1 Block 1 and Lot 16 Block 2.

Motion to approve the following Resolutions:

• Resolution #16-10-181 - Approving Findings of Fact #0968 for Variance to Front Yard and Side Corner Setback
• Resolution #16-10-182 - Approving Issuance of Variance to Front Yard and Side Corner Setback
• Resolution #16-10-183 - Approving Findings of Fact #0969 for Variance to Cul-De-Sac Length
• Resolution #16-10-184 - Approving Issuance of Variance to Cul-De-Sac Length
• Resolution #16-10-189 - Approving Findings of Fact #0970 for Variance to Lot Depth Standards
• Resolution #16-10-190 - Approving Issuance of Variance to Lot Depth Standards for Lot 16, Block 2 and Lot 1, Block 1

Motion to recommend City Council approval of the following Resolutions:

• Resolution #16-10-185 - Approving Comprehensive Plan Amendment for Brookfield 8th Addition
• Resolution #16-10-188 - Approving Brookfield 8th Addition Preliminary Plat

-and-

Motion to recommend City Council adopt Ordinance #16-10 approving a Zoning Amendment for the Subject Property from R-1 Residential (Rural Developing) to R-1 Residential (MUSA)