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    7. 4.    
CC Regular Session
Meeting Date: 09/12/2017  
Submitted For: Alec Henderson By: Alec Henderson, Community Development

Consider Multiple Actions Related to a Proposed Subdivision Known as Estates of Silver Oaks 2nd Addition (Project 17-119); Case of Silver Oaks Realty

1. Adopt Ordinance #17-09 for a Zoning Map Amendment
2. Adopt Resolution #17-09-219 granting approval of the Final Plat and Development Agreement.
The purpose of this file is to review the Final Plat Plan, prepared by Roshell Engineering, LLC, for Estates of Silver Oaks 2nd Addition.  This subdivision would create eight (8) new single family residential lots and it is located on Lithium Street NW, PID #14-32-25-12-0011 and Outlot A Estates of Silver Oaks (together, the "Subject Property"). The application also includes a request for a Zoning Amendment and Comprehensive Plan Amendment. The Planning Commission reviewed the Preliminary Plat on July 6 and recommended approving the Preliminary Plat, Zoning Amendment and Comprehensive Plan Amendment. The City Council Approved Preliminary Plat, Authorized staff submit Comprehensive Plan Amendment to Met Council, and introduced ordinance #17-09 on July 25, 2017.

Note: Staff received the first Final Plat Plans on August 21, 2017. The attached Staff Review is for the first Final Plat submission and is dated August 23, 2017. Staff has since received plan revisions dated 8/30/17 and 9/1/17, but has not had sufficient time for full review. However, the plan attachments are from these most recent revisions.
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.
Final Plat Plan Review is the final of several steps in reviewing a Major Plat, which includes Sketch Plan Review, Preliminary Plat, 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 Rural Developing in the Comprehensive Plan. The intent of the Rural Developing land use designation is to allow for the construction of single-family dwellings without access to municipal sewer and water. The eight (8) lots in the Preliminary Plat are proposed to be served by municipal sewer and water. This will require a Comprehensive Plan Amendment to re-guide the Subject Property as Low Density Residential (LDR). The adjacent property to the south, which was platted as Estates of Silver Oaks, is guided as LDR as a result of a previous Comprehensive Plan Amendment.

A majority of the Subject Property is currently zoned as 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 will require a Zoning Amendment to rezone the Property to 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 net density of the project is 1.54 units per acre and it appears to meet the minimum lot size and width standards of the R-1 Residential (MUSA) district.

Dimensional/Bulk Standards:
The Developer must demonstrate compliance with the bulk standards of the R-1 Residential (MUSA) district, based on the request for a Zoning and Comprehensive Plan Amendment.  The Preliminary Plat appears to comply with the standards specified for this zoning district. Specifics are outlined in the Staff Review File.

There are wetlands on the Subject Property that have been delineated. The Applicant has encumbered the minimum wetland setback of sixteen and a half feet (16.5') within drainage and utility easements. The Final Plat needs to be revised to ensure that the drainage and utility easements extend at least sixteen and a half feet (16.5') beyond the delineated boundary of the wetland(s).

Density Transitioning:
As proposed, the development is subject to the density transitioning standards found in City Code Section 117-110. Density transitioning applies to Lots 1-3 Block 1. Density transitioning landscaping has be shown on the landscape plan and should be located in a separate, commonly owned parcel to avoid removals by future homeowners or encumbered with a Landscape and/or Tree Preservation Easement. Discussion with the Applicant outlined the developer's willingness to attempt to reduce tree removal on the east side of the plat as a part of their density transitioning requirements. An exhibit, as part of the revised plan set, was recently submitted detailing a reduction in trees removed, reduced grading, and increased tree planting of Lots 1-3 Block 1.

Streets and Access:
Seven of the eight lots will gain access from an extension of the Lithium Street cul-de-sac.  The eighth lot will retain access from Trunk Highway 47; however, the remainder of the boundary with TH 47 must be shown as restricted access on the Preliminary Plat and Final Plat.  It appears that the proposed extension of the Lithium Street cul-de-sac does comply with the minimum  design standards.

There is an existing sidewalk along Lithium Street that presently terminates at the edge of the temporary cul-de-sac. Staff is generally supportive of the sidewalk proposed by the Applicant. Staff also realizes the importance of ensuring that the sidewalk can be extended if and when Lithium St. is extended. Staff recommends the applicant prepare a future sidewalk extension exhibit to be recorded against the property along with the Plat.

Engineering requested additional information from the applicant regarding utilities in the Staff Tech Memo dated 8/23/17. The applicant has since submitted revised plans (most recent dating 9/1/17). More detail is requested by the engineering staff in regards to how the Applicant plans to connect the larger lot to services.

Grading and Drainage:
The project will be subject to review by the Lower Rum River Watershed Management Organization (LRRWMO) regarding both wetlands and storm water.  A LRRWMO permit will be required.

Tree Preservation/Natural Areas:
The City's Environmental Policy Board (EPB) reviewed the Tree Preservation and Landscape Plans at their June 19, 2017 meeting.  There was significant concern regarding the amount of loss of oaks on the Subject Property.  The Natural Resources Inventory does indicate that there is a moderate quality oak forest on the Subject Property that would be significantly impacted by this project.  While the project does comply with the City's Tree Preservation Ordinance, the EPB's concern was that the higher quality, more desirable oaks were being lost while lesser desirable species, such as box elder and cedar, would be preserved.  This is primarily the result of how this site would be accessed (off the existing Lithium Street) and where those higher quality trees are located (east side of the Subject Property).  After much discussion, the EPB ultimately recommended approval of the Tree Preservation and Landscape Plans with direction for Staff to continue to work with the Developer to try and preserve additional trees where possible.  As noted previously, the Developer has prepared an exhibit for Lots 1-3 Block 1 that shows modified house pads with no grading in the rear yards in an attempt to retain additional trees, as well as proposed additional plantings.

Planning Commission
A public hearing was held on July 6, 2017. There was no public input at the Planning Commission meeting or submitted in writing.  The Planning Commission was supportive of the development and recommended approval of Preliminary Plat, Zoning Amendment, and Comprehensive Plan Amendment contingent on compliance with the Staff Review Letter.

Staff has connected with MNDOT since the plat abuts State Highway 47; however, at this time, MNDOT has not submitted any formal comments regarding the project.

City Council
City Council voiced general support of the Development. The Council approved the Preliminary Plat Plans, and authorized staff to submit the Comprehensive Plan Amendment to the Met Council. City Council also reviewed Zoning Ordinance #17-09. This Ordnance was mistakenly labeled as an approval item rather than an introduction. Staff believes that the previous viewing served the purposed of the first reading. Staff believes that because the ordinance is being read twice that the it meets the intent of the process and is still eligible for adoption.

Met Council
The Comprehensive Plan Amendment is currently under review by the Metropolitan Council.


Alternative 1: Approve the Final Plat, Zoning Amendment and Development Agreement contingent upon compliance with the Staff Review Letters.  While the project will result in the loss of some significant tree cover (primarily oaks), it does comply with the Tree Preservation Ordinance.  The Final Plat does show a relocated driveway access to Highway 47 for Lot 5 Block 2 further north on the property to address concerns previously noted by the Planning Commission.  While this project would require a Zoning Amendment and a Comprehensive Plan Amendment, the area immediately south of the Subject Property is zoned R-1 Residential (MUSA) and was reguided to LDR with a previous Comprehensive Plan Amendment.  Staff supports this alternative.

Alternative 2:  Deny the Final Plat, Zoning Amendment and Development Agreement. The City is not obligated to grant a Zoning Amendment or a Comprehensive Plan Amendment, both of which would be required for the Plat to be approved. The project will result in a significant impact to a moderate quality oak forest and disrupt a fairly contiguous natural corridor, but does comply with the tree preservation standards. However, a development that complied with the existing Rural Developing zoning would likely still result in a disruption to this natural corridor and would still result in a large loss of trees (albeit likely a lesser amount).  Staff is not supportive of this alternative.
Funding Source:
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.
The Planning Commission recommended approving the Zoning Amendment, Comprehensive Plan Amendment, and Preliminary Plat contingent upon compliance with the Staff Review Letter.

City Council approved Preliminary Plat, and Comprehensive Plan Amendment and voiced support for the Zoning Amendment.
Motion to waive the City Charter requirement to read the ordinance aloud -AND- adopt Ordinance #17-09 approving a Zoning Amendment for the Subject Property to R-1 Residential (MUSA)

Roll Call Vote:

Councilmember Johns
Councilmember Riley
Councilmember Kuzma
Councilmember Shryock
Councilmember Williams
Councilmember LeTourneau
Mayor Strommen


Motion to adopt Resolution #17-09-219 approving a Final Plat and Development Agreement for Estates of Silver Oaks 2nd Addition Contingent on Staff review, Metropolitan Council Approval, Zoning Amendment, and Development Agreement review of legal form by City Attorney.

Site Location
Plan Sketch
Tree Removal
Landscape Plan
Density Transitioning Plan
Final Plat
DRAFT Council Minutes 7.25.17
Engineer's Estimate
Staff Technical Review 8.23.17
Draft Development Agreement
Ordinance 17-09
Res. #17-09-219

Form Review
Inbox Reviewed By Date
Chris Anderson Chris Anderson 09/07/2017 08:26 AM
Tim Gladhill Tim Gladhill 09/07/2017 11:11 AM
Kurt Ulrich Kurt Ulrich 09/07/2017 01:46 PM
Form Started By: AHenderson Started On: 09/05/2017 09:42 AM
Final Approval Date: 09/07/2017

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