PUBLIC HEARING: Consider Easement Vacations and Final Plat Request for Brookfield 8th Addition (Project No. 16-78); Case of Brookfield Land, LLC.

The purpose of this case is to review a request for the vacations of an existing trail easement and a drainage and utility easement as well as final plat of a twenty-five (25) 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 proposed vacating an existing trail easement that runs generally along the location of the proposed roadway extension of 168th Circle NW and across the proposed lots 10, 11, and 12 of Block 2. The proposed improvements in connection with the development would result in a sidewalk along the north/west side of 168th Circle NW and a new trail access to the existing Trott Brook Trail. The existing trail easement was put into place as a temporary means to provide local residents access to the Trott Brook Trail. This development will put into place a permanent trail access. The Applicant has also proposed to vacate an existing ten (10) foot drainage and utility easement that runs along the southern property line of Outlot A, Brookfield 2nd Addition. Note - the Public Hearing Notice did create some confusion from recipients of the letter that the trail was going away all together. Staff has been able to clarify as needed, and mailed a clarifying letter on January 22.

The Applicant has received previous approvals for this project from the City Council including submission of a Comprehensive Plan Amendment to re-guide a portion of the Subject Property from Rural Developing to Low Density Residential, rezoning a portion of the Subject Property from R-1 Residential (Rural Developing) to R-1 Residential (MUSA) and Preliminary Plat.  Additionally, the Applicant had also received an approved variance to cul-de-sac length, front yard setback, and lot depth standards by the Planning Commission.

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.  A second letter was also sent out the same mailing list to clarify the requested vacation of the temporary trail easement was not eliminating the public access to the Trott Brook Trail, but that a new, permanent connection would be provided as part of this project.

The Applicant is proposing vacation of two easements currently located across the Subject Property. The first being a trail easement that runs generally down the location of the proposed 168th Circle NW roadway extension. The purpose of this trail easement was to provide Brookfield residents access to the trail that runs adjacent to the Trott Brook. The Applicant is proposing with the final plat a twenty (20) foot trail easement between Lots 7 and 8 of Block 2 that would provide a new trail connection and ensure Brookfield residents retain that Trott Brook Trail access.

The second easement proposed to be vacated is a ten (10) foot drainage and utility easement which runs along the southern property line of what is currently Outlot A of Brookfield 2nd Addition.  The Applicant has proposed alternative drainage and utility easements in connection with the proposed lots in that area which have been deemed satisfactory by the City Engineer.

The Final Plat submitted to the City on January 27th, 2017 is generally consistent with the approved Preliminary Plat with changes in the Plat corresponding with requests from the preliminary plat Staff Review Letter dated September 30th, 2016.

Generally speaking, the proposed development appears to comply with the minimum standards of the R-1 Residential (MUSA) District.  This is based on approval of the Comprehensive Plan Amendment, Zoning Amendment, and Variances (previously approved by the Planning Commission). The Planning Commission conducted a Public Hearing on October 6, 2016, and there were no written or verbal comments received.

Engineering comments indicate the need to connect an eight (8) inch watermain to the watermain under 166th avenue. The Applicant is aware of this utility comment and that a potential arrangement for a 50/50 cost share approach to complete this improvement may be available.  The looping of the watermain will assist with water quality rather than having a long, dead end pipe at the end of the cul-de-sac.  It will also assist with minimizing the number of impacted properties as a result of a break in the line.

The Applicant has stated a desire to commence with tree clearing and grading activities in advance of recording the plat.  The Applicant would like to begin work as soon as possible related to tree clearing due to the restriction on this activity after April 15th due to the concern of potentially introducing Oak Wilt to the area.  The Applicant and the City would enter into a second Development Agreement upon the recording of the Final Plat that would cover the remaining public improvements.  Both agreements are attached for consideration.

Alternatives

Alternative 1:  Approve the Easement Vacations for the existing trial easement and the drainage and utility easement and approve the Final Plat, contingent upon compliance with the Staff Review Letter dated February 24, 2017.  Staff believes that the proposed development is reasonable, compatible 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: Deny the Easement Vacations for the existing trail easement and the drainage and utility easement and deny the Final Plat. While the proposed development is similar in nature to the surrounding Brookfield development and is separated from the larger lots to the south and west by a large wetland complex, if the City Council does not support the Final Plat it should deny the Applicant's request.  However, the Final Plat is generally in compliance with the approved Preliminary Plat and thus, Staff is not supportive of this alternative.

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

The project does include consideration of a cost share to complete a watermain loop as noted above. The final amount will be brought forward at a future date for final consideration. Approval of this step does not obligate the City to a financial contribution, but agrees to in concept. If the final costs ultimately are outside of current estimates, the City will be able to re-evaluate at that time.

Staff recommends adoption of Resolution #17-02-051: Vacation of Trail and Drainage and Utility Easements, Final Plat Approval for Brookfield 8th Addition, and entering into a Tree Clearing and Grading Agreement and a Development Agreement, contingent upon review and approval as to legal form by the City Attorney and confirmation of street light charges by Connexus Energy.

Motion to adopt Resolution #17-02-051 approving Trail and Drainage and Utility Easement Vacations, Brookfield 8th Final Plat, and entering into a Grading and Tree Clearing Agreement and a Development Agreement with the Applicant, contingent upon compliance with the Staff Review Letter.