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    7. 3.    
CC Regular Session
Meeting Date: 09/12/2017  
Submitted For: Alec Henderson By: Alec Henderson, Community Development

Consider Multiple Actions Related to a Subdivision known as Lavern Estates (Project No. 17-137); Case of Joshua Peterson

1. Consider Resolution #17-09-220 Approving Final Plat, Comprehensive Plan Amendment, and Authorizing Staff to Submit the Amendment to the Metropolitan Council
2.  Introduce Ordinance #17-11 Zoning Amendment
This purpose of this case is to review the Final Plat Plan Submittal for Lavern Estates, a Minor Plat. The Plat proposes to subdivide one 36.17 Acre Lot into two (2) buildable lots; Lot 1 is 31.49 Acres and Lot 2 is 4.05 Acres. The submittal consisted of one (1) sheet, prepared by Carlson McCain and 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).

Note: The Resolution previously heard by Planning Commission on August 3rd was Resolution #17-08-198.
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.
This case is being reviewed per City Code Section 117-111 entitled R-1 Residential District and Chapter 117, Article III entitled Subdivisions. The Minor Plat proposes creating an additional buildable lot with one proposed home from the parcel at 7009 175th ave NW 55303.

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.

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 Final Plat 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 notes the Comprehensive Plan Amendment and Zoning Amendment should be applied to all parcels with those same designations lying west of Nowthen Blvd and north of 175th Ave (the "Subject Area"). 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 Final Plat appears to comply with the standards specified for this zoning district.

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. It appears all wetland setbacks meet the minimum 16.5 feet and are encumbered by drainage and utility easements.

Floodplain areas exist within the project are. They 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. 

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 through a shared access easement.

The Planned Transportation System within the 2030 Comprehensive Plan identifies a proposed Trail along 175th Ave NW. A Trail Easement should be considered as part of the approval of the Final Plat.

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.

The plan does not show proposed removed trees. 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.

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.

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. As proposed, there are no public improvements.
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.
Planning Commission voiced general support of the Minor Plat at the August 3, 2017 meeting and recommended approval of the Comprehensive Plan and Zoning Amendments. 
Motion to approve Resolution #17-09-220 approving Final Plat, Development Agreement, Comprehensive Plan Amendment, and authorizing Staff to submit Comprehensive Plan amendment to the Metropolitan Council.


Motion to Introduce Ordinance #17-11 Rezoning Subject Area from R-1 Residential (MUSA) to R-1 Residential (Rural Developing).

Site Location
Plan Sheet
Plat Sheet
Shared Access Easement Exhibit
Updated Planning Tech Review
Zoning Amendment Area
Draft Development Agreement
Res. #17-09-220
Ord. #17-11

Form Review
Inbox Reviewed By Date
Chris Anderson Chris Anderson 09/07/2017 08:08 AM
Tim Gladhill Tim Gladhill 09/07/2017 11:12 AM
Kurt Ulrich Kurt Ulrich 09/07/2017 01:49 PM
Form Started By: AHenderson Started On: 09/05/2017 09:49 AM
Final Approval Date: 09/07/2017

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