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

The purpose of this case is to consider multiple actions related to Brookfield 8th Addition, 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").  Requested actions include vacating existing drainage and utility easements and a temporary trail easement, approval of the Final Plat, and approval of multiple agreements.

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 establish 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 a variance to cul-de-sac length, front yard setback, and lot depth standards by the Planning Commission.

This case was originally considered by the City Council at its February 28, 2017 regular meeting.  At that meeting, the City Council did close the Public Hearing on the easement vacations.  However, action on the various requests was tabled until the Metropolitan Council took action on the Comprehensive Plan Amendment request and there was resolution to the request for the City to participate in a cost-sharing of the extension of the watermain line south to 166th Ave.

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.

Comprehensive Plan Amendment
On April 26, 2017, the Metropolitan Council did approve the requested Comprehensive Plan Amendment without any contingencies.  However, their approval came with a strong recommendation that the wetlands and stormwater ponds be platted as publicly owned outlots to provide better protection of the ecological resources on the Subject Property.  Staff is working with the Applicant on the idea of a wetland and stormwater protection easement that would encumber these areas rather than creating separate outlots for these lands.  This would not have any impact on the proposed configuration of the plat yet still would seem to meet the intent of the Metropolitan Council's recommendation for better ecological resource protection.  Furthermore, if some sort of physical marker were installed along the easement boundary, this would assist even more in reducing potential encroachment issues and;/or vegetative alterations.

Watermain Extension
The Public Works Committee reviewed the request for a cost-share agreement to complete a loop of the proposed watermain line down to 166th Ave NW.  The Applicant's Engineer's Estimate for this loop is $96,562.50.  The Public Works Committee unanimously recommended that the City participate in fifty-fifty (50-50) cost-share with a not to exceed cap of $50,000 for the City's contribution.  The Public Works Committee case is attached for reference and for more specific details.  The Development Agreement has been revised to address the City's participation in the cost-share to complete this looping with a not-to-exceed cap of $50,000.

Easement Vacations
The City Council conducted a Public Hearing to consider the vacation of existing drainage and utility easements on Outlot A Brookfield 2nd Addition (to be rededicated with the recording of the Final Plat of Brookfield 8th Addition) and the vacation of an existing, temporary trail easement (to be replaced with a new, permanent trail easement as part of Brookfield 8th Addition).  The City Council closed the Public Hearing at its meeting on February 28, 2017, after there were no public comments provided.  However, action is still needed to formally vacate these easements.

Oak Wilt Management Plan
The Applicant intends to complete the tree clearing and initial grading work in advance of the street and utility work.  Their intention had been to complete this work prior to April 15 to avoid the 'high risk' timeframe for transmission of oak wilt.  However, with the delayed action on the Comprehensive Plan Amendment request, their time table has been pushed back.  As a result, the Applicant worked with a Certified Arborist to develop an Oak Wilt Management Plan to outline the preventative steps that would be taken to minimize the potential introduction of oak wilt to the site or surrounding areas.  Considering that there is a pocket of oak wilt on the Subject Property, the proposed Management Plan will actually be more effective in controlling the spread of oak wilt than would waiting till the lower risk season (typically sometime in July).  The EPB has reviewed the proposed Management Plan and has recommended approval of it.

Final Plat
The Final Plat generally consistent with the approved Preliminary Plat.  As previously noted, Staff is working with the Applicant in an attempt to address the recommendation from the Metropolitan Council regarding enhanced protection of ecological resources.  This could be in the form of an easement rather than platting these areas in separate outlots (as recommended by the Metropolitan Council).  If the Applicant is agreeable to encumbering the wetlands and stormwater ponds in a more protective easement (compared to the standard drainage and utility easement), this wouldn't have any impact on the plat itself yet still seems to address the intent of the Metropolitan Council's recommendation.
 
Alternatives

Alternative 1.  Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement, approving both a Development Agreement and Grading and Tree Clearing Agreement and directing Staff to work with the Applicant on a ecological protection easement for the wetlands and stormwater ponds.  The primary contingencies identified by the City Council in February, which were the Comprehensive Plan Amendment (CPA) and considering a request to participate in a cost share to complete the looping of the watermain to 166th Ave, have been addressed.  The Metropolitan Council approved the CPA on April 26 and the Public Works Committee unanimously recommended the City contribute a not-to-exceed amount of $50,000 to complete the looping of the water line.  The Final Plat conforms with the approved Preliminary Plat, and new drainage and utility easements and a new, permanent trail easement, will be provided with the Final Plat.  Staff supports this alternative.

Alternative 2.  Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement,  directing Staff to work with the Applicant on an ecological protection easement for the wetlands and stormwater ponds, and approving the Grading and Tree Clearing Agreement and a modified Development Agreement to exclude the City's participation in completing the looping of the water line.  Staff believes that due to the specifics of this project, it would not set a precedent for future participation in trunk utility extensions.  This would also contradict the recommendation of the Public Works Committee regarding participation in completing the water line loop.  Staff does not support this alternative.

Alternative 3.  Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement, approving both a Development Agreement and Grading and Tree Clearing Agreement but directing Staff not to pursue an ecological protection easement for the wetlands and stormwater ponds.  While providing additional protections to the stormwater system (including wetlands) was not a contingency of the Metropolitan Council's approval of the CPA, it was a strong recommendation.  Moreover though, the added layer of protection above and beyond a standard drainage and utility easement, including a physical demarcation of the easement boundary, would reduce future encroachments in these areas.  Staff does not support this alternative.

Alternative 4.  Do not approve Resolution #17-05-111 granting Final Plat approval for Brookfield 8th Addition.  The Final Plat is consistent with the approved Preliminary Plat, the proposed use is compatible with the surrounding area, and was always envisioned as part of the Brookfield subdivision.  Staff does not support this alternative.
 

All costs associated with processing the Application are the responsibility of the Applicant.  However, the project does include consideration of a cost share with the City to complete the watermain loop to 166th Ave with a not-to-exceed amount of $50,000 for the City.

↵Staff recommends adoption of Resolution #17-05-111 (Alternative 1) to:

1. Approve vacating existing drainage and utility easements and a temporary trail easement on the Subject Property.
2. Approve the Final Plat of Brookfield 8th Addition.
3. Approve a Tree Clearing and Grading Agreement for Brookfield 8th Addition.
4. Approve a Development Agreement for Brookfield 8th Addition.
5. Approve and accept a Pedestrian and Bicycle Trail Easement.

and to direct Staff to pursue an ecological protection easement over the wetlands and stormwater ponds.

Motion to adopt Resolution #17-05-111 to:

1. Approve vacating existing drainage and utility easements and a temporary trail easement on the Subject Property.
2. Approve the Final Plat of Brookfield 8th Addition.
3. Approve a Tree Clearing and Grading Agreement for Brookfield 8th Addition.
4. Approve a Development Agreement for Brookfield 8th Addition.
5. Approve and accept a Pedestrian and Bicycle Trail Easement.

and to direct Staff to pursue an ecological protection easement over the wetlands and stormwater ponds.