Agenda - Environmental Policy Board - 06/19/2017

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Environmental Policy Board (EPB) 5. 4. Meeting Date: 06/19/2017 By: Chris Anderson, Community Development Information Title: Consider Natural Resources Elements of Pearson Place Preliminary Plat Purpose/Background: The purpose of this case is to review various elements of a Preliminary Plat, prepared by Otto Associates and dated May 24, 2017, for a proposed twelve (12) lot residential subdivision near the southern/eastern end of Bowers Drive. A key decision occurs at Preliminary Plat, in which the layout can be approved, subject to approving final construction plans and Final Plat documents. At this time, Staff has issued a Letter of Incomplete Application to the Applicant as the plans did not include a Tree Inventory and Preservation Plan or a Landscape Plan. The majority of the project area is cropland and thus, there should be minimal impact to trees. There is a row of trees along Bowers Drive (within the right of way) and also in the southeastern corner of the project site (Lot 11, Block 2) but nothing beyond that. The Applicant has verbally stated that the only impacts to existing trees would be from provide access to each lot via a driveway. Staff wanted to keep this item on the agenda in case the items lacking from the submittal are received. Observations/Alternatives: The development site is located near the southern/eastern end of Bowers Drive, a cul-de-sac that is slightly over a mile long. The Preliminary Plat proposes twelve (12) single family residential lots on the north side of the road where there is a gap of approximately 1,400 feet between existing homes. The project area is currently guided as Low Density Residential (LDR) in the Comprehensive Plan, is zoned R-1 Residential (MUSA), and is located in the Mississippi River Corridor Critical Areas (MRCCA) Overlay District. Also, the MN DNR just recently completed a rulemaking process that created new districts in the MRCCA and, for non -riparian lots, primarily defers to the underlying zoning district for dimensional standards. However, the City has yet to receive the necessary guidance from the MN DNR to proceed with updating our Zoning Code and Comprehensive Plan and thus, this project is caught in a transitional time. As a result, the Applicant has indicated that their intention would be to also apply for a Zoning Amendment to rezone the land to a Planned Unit Development, which, if approved, is a legal instrument that would allow deviations from certain standards (setbacks, use of private utilities rather than municipal services, etc.). The proposed lot size, lot width, and density all appear to conform to the R-1 Residential (MUSA) bulk standards. Furthermore, the MN DNR has previously commented that they would be generally supportive of that approach as the proposed lots would comply with the new MRCCA rules. The public benefit would be a fifty (50) foot wide outlot along the rear boundary of the existing homes on the north side of the road to serve as a buffer to future development. This area is heavily wooded and would provide both visual and noise buffering from future uses. This idea came out of the public workshops held last year. The proposal includes serving each lot with a private well and septic system, similar to all the existing homes on Bowers Drive. The Preliminary Plat does identify both a primary and secondary site for the septic system, a requirement that was not in place when this neighborhood was originally platted. The Applicant has also submitted soil borings to demonstrate suitable soils for individual septic systems. Minnesota Rules 7080 provide baseline protections from contamination due to septic systems. In addition, MRCCA rules continue to provide protections to