UPDATED - PUBLIC HEARING: Review Sketch Plan for Lavern Estates (Project no. 117-137); Case of Joshua Peterson

1. Resolution Approving Comprehensive Plan Amendment
2. Ordinance Approving Zoning Amendment

This file is to review the Sketch Plan Submittal for Lavern Estates. The Sketch Plan proposes to subdivide one 36.17 Acre Lot into two (2) buildable lots; Lot 1 is 35.49 Acres and Lot 2 is 4.05 Acres. The submittal consisted of one (1) sheet, prepared by Developer John Peterson (You Wish You Had This Land, L.L.C.) and Carlson McCain dated October 3, 2016. The submittal also includes a request for a Zoning Amendment and Comprehensive Plan Amendment to rezone the property from R-1 Residential (MUSA) to R-1 Residential  (Rural Developing) and to re-guide the land from Low Density Residential to Rural Developing (Received July 6, 2017). The land use and zoning amendments will officially occur during Preliminary Plat approvals (next steps).

City Staff attempted to notify all property owners within 700 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

Sketch Plan Review is the second of several steps in reviewing a Minor Plat, which includes Sketch Plan Review and Final Plat. This case is being reviewed per City Code Section 117-111 entitled R-1 Residential District and Chapter 117, Article III entitled Subdivisions.

Comprehensive Plan:
The Subject Property is currently guided as Low Density Residential by the Comprehensive Plan. The intent of the LDR land use designation is to allow for the construction of single-family dwellings with access to municipal sewer and water. The two (2) lot Sketch Plan proposes to use well and septic. This will require a Comprehensive Plan Amendment to re-guide the Subject property as Rural Developing to allow for well and septic.

Zoning:
The Subject Property is currently zoned as R-1 Residential (MUSA), which would allow a net density of up to three (3) units per acre and a minimum lot size of 10,800 square feet. The proposed zoning for the Sketch plan is R-1 Residential (Rural Developing). This allows for the development of single family, detached dwellings with a density of one (1) unit per 2.5 acres. As proposed the project would require a Zoning Amendment to rezone the property to R-1 Residential (Rural Developing). The proposed density of the project is .06 lots per acre.

Staff is not necessarily opposed to this request; however, if approved, it should be applied to all parcels with those same designations lying west of Nowthen Blvd and north of 175th Ave. The submittal did include responses to an advisory petition with some adjacent property owners supporting both of these aspects of the request.

Dimensional/ Bulk Standards:
The Developer must demonstrate compliance with the bulk standards of the R-1 Residential (Rural Developing) district, based on the request for a Zoning and Comprehensive Plan Amendment. The Sketch Plan appears to comply with the standards specified for this zoning district. There appears to be no improvements proposed in Lot 1 (the 34.49 acre lot). It is staffs opinion that Lot 1 should be recorded as an outlot (until improvements are proposed) and "Lot 2" be renamed Lot 1. Staff suggests that the Lot 2 west property line be moved to fully include the driveway so that the driveway complies with side setback requirements. Specifics are outlined in the Staff Review File.

Wetlands:
There are wetlands on the Subject Property that have been delineated. The Lower Rum River Watershed Management Organization (LRRWMO) has approved a wetland delineation regarding both wetland boundaries and types for the property. Staff notes that the developer must ensure that all wetland setback areas are entirely within proposed drainage and utility easements and show the 16.5 measurement on the plan sheet.

Floodplain:
Floodplain areas exist within the project are. The are categorized as General Floodplain or Undetermined A Zones, which means that the Base Flood Elevation (BFE) has not been modeled. It does appear that the floodplain boundary is similar to the wetland boundary; however, without a BFE, that cannot be determined. It is staffs recommendation that the project engineer model the BFE.

Density Transition:
As proposed, the development is not subject to density transitioning standards outlined in City Code Section 117-110.

Streets and Access:
At this time, no new streets have been proposed. Both lots would gain access from 175th Ave NW.

Sidewalks/Trails:
The Planned Transportation System within the 2030 Comprehensive Plan identifies a proposed Trail along 175th Ave NW. As part of this projet, this will need to be explored further.

Grading and Drainage:
It does not appear that any grading activity is proposed with this project. If more than one (1) acre of land will be disturbed, a permit from the LRRWMO will be required.

Landscaping:
Each lot is require to have two (2) front yard trees installed. The plan currently does not show new proposed trees. Deciduous trees shall be at least one (1) inch in diameter and coniferous trees shall be at least five (5) feet in height. Each buildable lot is subject to the City's topsoil requirement.

Tree Preservation:
At this time, Tree Inventory and Protection plan is not required as it does not appear that any improvements are presently proposed. At such time that Lot 1 (or if revised to an outlot) develops, a Tree Inventory and Preservation Plan will need to be prepared by an ISA Certified Arborist and shall include the total number of (DBH) inches proposed to be removed and total number of (DHB) inches saved.

Development Fees:
Development Fees will be due with the Plat on lot 1 (lot 2 would be exempt as there is already an existing dwelling on the property) including, but not limited to, Park Dedication, Trail Development, and Storm Water Management. These fees are collected at the time the Final Plat is recorded. As noted previously, it may be more beneficial to plat Lot 1 as an outlot, which would defer the Development Feeds due until such time that land is re-platted to buildable parcel(s).

Development Agreement:
An executed Development Agreement will be required prior to releasing the plat for recording. An engineer's estimate for public improvements will be required with the submitted final plat.

All costs associated with processing the Application are the responsibility of the Applicant. There are no City Funds proposed to be utilized for the construction of this project.

Staff recommends that the Developer proceed with preparation of the Preliminary Plat, contingent upon the directives of the Staff Review Letter, including the necessary Comprehensive Plan Amendment.

Motion to recommend that the City Council approve the Comprehensive Plan Amendment and Zoning Amendment to change the zoning from the urban service area to Rural Developing.