REQUEST FOR COUNCIL ACTION 6D AGENDA ITEM ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL. PUD Concept Stage Plan

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1 DATE REQUEST FOR COUNCIL ACTION 6D AGENDA ITEM ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL Community Development Christophersen Addition PREVIOUS ACTIONS: At their meeting on Monday, April 16, 2018 the City Council tabled this item to the City Council meeting requesting staff to complete a report and provide the City Council with information on the DNR grants. At their meeting on Monday, April 9, 2018 the Planning Commission recommended that the City Council direct the City Attorney to draft a resolution approving the of Christophersen Addition subject to the applicant addressing to the satisfaction of the City the conditions listed below: of public right-of-way shall be extended from 70 th Avenue into the subject property as shown on submitted plans with the applicant providing the right-of-way. 2. Final disposition of Outlot B shall be identified with any subsequent Development Stage Plan and if it is to be retained by the townhome association, it shall be incorporated into the larger common area lot. 3. Access to th Ave N shall be provided through Outlot C or other agreed to location. 4. Approval from the Metropolitan Council to reguide the site from High Density Residential to Medium Density Residential. 5. The applicant shall provide stormwater management that meets all watershed district and city requirements, and without any stormwater improvements in the Forest Preservation Area land. 6. Any subsequent Development Stage Plan is subject to any other code requirements, including but not limited to: a. Impervious surface limits b. Hydrant locations as determined by the Fire Department c. Additional fire suppression measures will be necessary due to the 6 water line serving the site. d. Any retaining wall over four feet in height will need a building permit. Application Received: November 13, Day Review Deadline: January 12, 2018 Additional 60 Day Review Deadline: March 13, Extension: May 9, Extension: June 20, 2018 Address: th Avenue North

2 Page 2 RECOMMENDED COUNCIL ACTION: Motion to recommend that the City Council direct the City Attorney to draft a resolution approving the of Christophersen Addition subject to the applicant addressing to the satisfaction of the City the conditions listed below: of public right-of-way shall be extended from 70 th Avenue into the subject property as shown on submitted plans with the applicant providing the right-of-way. 2. Final disposition of Outlot B shall be identified with any subsequent Development Stage Plan and if it is to be retained by the townhome association, it shall be incorporated into the larger common area lot. 3. Access to th Ave N shall be provided through Outlot C or other agreed to location. 4. Approval from the Metropolitan Council to reguide the site from High Density Residential to Medium Density Residential. 5. The applicant shall provide stormwater management that meets all watershed district and city requirements, and without any stormwater improvements in the Forest Preservation Area land. 6. Any subsequent Development Stage Plan is subject to any other code requirements, including but not limited to: a) Impervious surface limits b) Hydrant locations as determined by the Fire Department c) Additional fire suppression measures will be necessary due to the 6 water line serving the site. d) Any retaining wall over four feet in height will need a building permit. We note that there are not specific memorandums with remaining issues for the applicant to resolve. Any remaining issues at this stage are included in the conditions above. The applicant shall acknowledge that Park Dedication requirements are based on staff review and recommendation to the Park and Recreation Board and their subsequent Board Action. Board meetings are held on the third Thursday of each month. (Simple majority vote for passage) UPDATED COMMENTS: At the last City Council Meeting, the City Council tabled this item so that more information regarding stormwater management could be provided as well as research into the possibility that DNR Grant was used to acquire some of the land in question which would have put greater restrictions on its use. Stormwater Management Alternatives: Director of Public Works/City Engineer, Ken Ashfeld has prepared a memo with regard to stormwater management alternatives for this property. Four alternatives were considered for conveying stormwater from the property: 1A) An open cut installation of pipe on the alignment proposed by the applicant.

3 Page 3 1B) Directionally bored pipe on the alignment proposed by the applicant. 2A) Using a lift station to send the water to the storm sewer system to the east. 2B) Using a lift station to send the water to the storm sewer system along Bass Lake Road. In summary, the recommendation is to directionally bore the pipe to Elm Creek on the alignment proposed by the applicant, described in the memo as Alternative 1B. DNR Grant Question: Director of Public Works/City Engineer, Ken Ashfeld has also prepared a memo regarding any potential restrictions on the property as a result of a DNR Grant to purchase the Forest Preservation Land where the stormwater pipe is proposed. In summary, no DNR Grants were used to purchase the land is question and so there are no additional restrictions. Access Issue: The land owner has requested that the City Council consider the access issue before the stormwater management issue. Staff notes that the land owner has submitted a letter regarding the access issue which included as Attachment K. Updated Timing Issue: The applicant originally applied for application in July of 2017 but the application was not deemed complete until November 13, 2017 which is when the clock started. The original deadline for making a decision was March 13, 2018 but the applicant has extended this to June 20, This would allow for the City Council to review and direct the City Attorney to draft a resolution at the June 4, 2018 City Council meeting and then take action on the resolution on the June 18, 2018 City Council meeting. COMMENTS FROM PREVIOUS REPORT: The Applicant is requesting Concept Plan approval for 20 townhouses on approximately 3.2 net acres of land. The property was the current owner s home for many years and is located directly west of the Deerfield Park neighborhood which was developed in the early 2000 s. To the north is St. Patrick s Cemetery and to the west is Forest Preservation Land (purchased by the City in the 1990 s) and a large floodplain area of Elm Creek. To the south is another private parcel with a single family home. The property is a flag lot with the flagpole portion extending to Bass Lake Road, however there is no access to Bass Lake Road due to a large retaining wall. General Description: The plan envisions an extension of 70th Avenue north into the property and then stubbing to the property to the south. 18 townhouses are shown on the north side of 70th, being served by a private drive. 2 townhouses are shown gaining direct access off of 70th Ave. A stormwater management system is shown in the thin strip of property that extends to the west. Comprehensive Plan:

4 Page 4 The current Comprehensive Plan guiding for this property is High Density Residential. This allows units per acre. The proposed Comprehensive Plan guiding as part of the 2018 Comprehensive Plan Update is Medium Density Residential which allows 4-10 units per acre. The applicant s proposal is approximately 6.3 units per acre, consistent with the proposed guiding in the 2018 update. If this Concept Plan moves forward, any subsequent Development Stage Plan would need to be conditioned on the guiding changing from High Density Residential to Medium Density Residential. This can take place as part of the 2018 update or in advance of that update being processed. Utilities The applicant has submitted a schematic utility plan for the site. Water is proposed to come from a stub in 70th Avenue North and would eventually loop to 69th Avenue North. We note that with a 6-inch water main, there will be additional fire protection system considerations for the actual buildings but this will all be handled through the building permit process. The sanitary sewer is proposed to connect with a stub in 70th Avenue North as well. Outlot A: Outlot A is proposed to be transferred to the city as new Forest Preservation Area in exchange for Forest Preservation area that might be lost with the storm pipe installation. This request was not recommended for approval by the Planning Commission and Arbor Committee. Outlot B: Outlot B is the remnant of the owner s access to Bass Lake Road. Final disposition of this shall be identified with any subsequent Development Stage Plan and if it is to be retained by the townhome association, it shall be incorporated into the larger common area lot. Outlot C: Outlot C is land south of the proposed street that has limited use for the applicant. We note that if this proposal were to be approved, access to th Ave N must be maintained through this property or at another agreed upon location. Cemetery/ Church property: The applicant is proposing to utilize a portion of the adjacent cemetery property to accommodate grading associated with their proposal. History of the Site: 1990 s: Through a bond referendum, the City of Maple Grove purchased land as Forest Preservation adjacent to this property. A portion of this land owner s property was part of that purchase, including the land that is proposed to be utilized to convey stormwater to Elm Creek. There was an agreement to purchase a portion of the th Ave N property but that transfer ultimately did not take place. During this time, there was discussion about selling some of the Forest Preservation land purchased from Christophersen to the owner of th (Mr. Swartz.)

5 Page 5 Early 2000 s: The properties to the east developed and a loop road was contemplated through these properties. Two roads were stubbed to the property line to accommodate this LeJardin & Woodstone Woods: A joint development application was made to develop both properties as LeJardin and Woodstone Woods. That application was ultimately withdrawn. That application contemplated swapping Forest Preservation land for other forested land : Bass Lake Road was widened and access to Bass Lake Road to and from these properties was eliminated by Hennepin County. Access was then provided via 70th Avenue N. An access easement was granted to both property owners as both property owners need to cross each other s property to get to their respective houses. This will be discussed more below. Christophersen Addition/Kristopherson Addition/Christophersen Piece (current proposal): July 2017: The initial application was made and showed a private road system extending from 70th Avenue North to serve the development. Staff expressed numerous concerns about the proposal. The applicant proposed a land swap in this initial application. Access was a concern the road would cross the private property of the owner of th Ave. N. and they were not signatories to the application. November 2017: The applicant showed a cul-de-sac at the end of 70th Ave N. Staff stated that the road would need to extend to the property to the south to facilitate a future loop through th Ave. N. This plan also showed a land swap in the Forest Preservation area but did not show an outlet for the stormwater pond. January-Feb 2018: The applicant showed the public road that could eventually loop to the south. The proposed road location stubbed into the Forest Preservation land and contemplated a swap for some of this land. The Arbor Committee expressed strong concern about such a swap and that continuing that road in the future would necessitate additional land swaps in the future if th Ave. N. developed. During this time frame the applicant also showed more detail of a storm pipe that would need to extend to the west, through Forest Preservation land. The Arbor Committee expressed strong concern about this as it would require tree removal to install the pipe. February 2018: At staff s request, the applicant moved the road further east so that the right-of-way would not enter into the Forest Preservation land in the future. They are proposing to donate additional treed land to the city as new Forest Preservation Area to account for trees removed with the installation of the stormwater pipe. DEVELOPMENT CHALLENGES: This site has two development challenges, lack of direct access to a public street and challenges associated with the outlet for stormwater from the site. Access:

6 Page 6 This property, and the property to the south ( th Ave N) had a shared access onto Bass Lake Road through the flagpole portion of their flag lots. When Bass Lake Road was widened, this access was relinquished to the County and removed (and a large retaining wall built). The present shared private access was created at the end of 70th Ave. N. with the property being benefited by a nonexclusive 33 foot wide private easement for ingress and egress over th Avenue N.. While, 70th Avenue North does not physically touch their property, the easement provides access to 70 th Ave. N.. After reviewing this easement with the City Attorney s office based on the documents presented to the city, it appears that the ingress and egress easement provides for private access for the property, but does not grant any right to the city to create a public right of way, allowing public utilities or all access by the general public. Staff notes that the land owner has asked that the City use eminent domain to acquire the right-of-way. The property currently has the voluntarily created access needed to serve its historical single family use. Use of eminent domain is a discretionary policy decision for the City. The Planning Commission, as Condition #1, recommended that a 60-foot public right-of-way shall be extended from 70 th Ave. N. into the subject property as shown on the submitted plans with the applicant providing the right-of-way. 70 th Ave. N. has a 60 foot right-of-way and a 60 foot right-of-way for access is, of course, necessary to match the existing right-of-way. 60 foot rights-of-way are also the standard width required by the City. Stormwater Management The applicant is showing a conceptual stormwater management system for this property consisting of a biofiltration area and treatment pond that eventually discharges into Elm Creek. Normally this would not be of significant note but in this case, they are proposing to convey the water to Elm Creek through the Forest Preservation area that is owned by the city. As the land owner, the city has the discretion to allow or deny the use of this land for a stormwater pipe. As this land was Forest Preservation land, the Arbor Committee has been involved in the review of this proposal. The comments of the Arbor Committee are on Attachment G. The plans show a standard pipe that would require the removal of trees. The applicant is proposing to donate additional treed land to the city to account for trees that would be removed for the installation of the stormwater pipe. They are also proposing to plant additional trees in the area where the tree removal would take place.

7 Page 7 The applicant has provided the following table of the trees: CITY PARCEL (Tree Preservation) DIAMONDVIEW EXCHANGE PARCEL (Outlot A) Tree Species Cal. Inch Tree Species Cal. Inch Ash 6 Ash 12 Ash 6 Aspen 10 Ash 6 Aspen 12 Ash 10 Elm 4 Aspen 6 Elm 4 Aspen 8 Elm 4 Aspen 10 Elm 4 Aspen 10 Elm 4 Cherry 12 Elm 4 Elm 6 Elm 4 Elm 6 Elm 4 Elm 6 Elm 4 Elm 4 Elm 4 Oak 8 Elm 4 Oak 10 Elm 4 Oak 12 Elm 4 TOTAL 126 Elm 6 Elm 6 Elm 6 Elm 6 Elm 6 Maple 4 Maple 6 Maple 6 TOTAL 196

8 Page 8 The Arbor Committee expressed strong concern about tree removal for the storm pipe in the Forest Preservation Area land. The Planning Commission discussed utilizing the Forest Preservation Area land and voted 6-1 that the Forest Preservation area land should not be impacted by any stormwater improvements. They concurred with the Arbor Committee that no pipes or other improvements that would convey stormwater should be allowed in this area. Condition #5 speaks to this issue: The applicant shall provide stormwater management that meets all watershed district and city requirements, and without any stormwater improvements in the Forest Preservation Area land. Joint Development Issues: Both the access issue and the stormwater management issue could be resolved if both properties (Christophersen & th Ave N) were developed together. City staff has encouraged both properties owners that developing their properties together would create efficiencies for both and have been encouraging this for many years. SUMMARY: The applicant s plan is consistent with the recommended Comprehensive Plan Guiding for the property. There are access issues and stormwater management issues that the applicant will need to resolve as part of any subsequent Development Stage Plan. Authored by: Peter Vickerman Attachments: Attachment A Narrative Attachment B Location Map Attachment C Christophersen Addition Area Map Attachment D Forest Preservation Purchase Maps Attachment E Christophersen Addition Plan History Attachment F Christophersen Addition Concept Plan ( ) Attachment G Arbor Committee Comments Attachment H Resident Comments Attachment I Stormwater Alternatives Memo Attachment J DNR Grants Memo Attachment K Letter from Land Owner