HomeMy WebLinkAboutItem 13 - Boulder Ponds Zoning Map Amendment & Final PlatPLANNING COMMISSION
DATE: 3/9/15
AGENDA ITEM:5A –PUBLIC HEARING
CASE #2015-05
ITEM: Boulder Ponds – Final Plat, Final PUD Plan and Zoning Map Amendment
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Community Development Director
Jack Griffin, City Engineer
South Washington Watershed District Greg Malmquist, Fire Chief
Stephen Mastey, Landscape Architecture, Inc.
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider an application for a Final Plat, Final PUD Plan
and Zoning Map Amendment submitted by OP4 Boulder Ponds, LLC. The Final Plat application represents the first phase of the Boulder Ponds residential development and includes 47 single family
residential lots. The proposed project is located immediately north of Hudson Blvd. N., immediately
east of the Eagle Point Business Park and immediately south of the Stonegate residential estates (RE)
subdivision. In addition to the plat and PUD request, the applicants are requesting a zoning map amendment to implement the necessary zoning associated with the planned development. Staff is recommending approval of the zoning map amendment and is recommending approval of the
Boulder Ponds Final Plat and Final PUD Plan subject to compliance with 11 conditions as noted in
this report.
GENERAL INFORMATION
Applicant: OP4 Boulder Ponds, LLC (Deb Ridgeway), 11455 Viking Drive, Suite 350, Eden Prairie, MN 55344.
Property Owners: OP4 Boulder Ponds, LLC (Deb Ridgeway), 11455 Viking Drive, Suite 350, Eden
Prairie, MN 55344 and Bremer Bank (Kathleen Tucci) 8555 Eagle Point Blvd.,
PO Box 1000, Lake Elmo.
Location: Part of Section 34 in Lake Elmo, immediately north of Hudson Boulevard North, immediately east of the Eagle Point Business Park, and immediately south of the
Stonegate subdivision. PID Numbers 34.029.21.32.0001, 34.029.21.33.0001, and
34.029.21.33.0002.
Request: Application for a Zoning Map Amendment, Final Plat and Final Planned Unit Development (PUD) Plan for the 1
st phase of the Boulder Ponds planned
development. The Final Plat (1st Phase of Boulder Ponds) includes 47 single
family lots and various outlots planned for stormwater management or future
commercial and residential uses.
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Existing Land Use and Zoning: Agricultural land. Current Zoning: RT – Rural Development
Transitional Zoning District; Proposed Zoning: LDR (PUD) -
Urban Low Density Residential, MDR (PUD) – Medium
Density Residential and C – Commercial.
Surrounding Land Use and Zoning: North –Stonegate Residential Estates (RE) subdivision; west – Eagle Point Business Park (Bremer Bank, Eagle Point Town
Office Condos, High Pointe Medical Campus, vacant land)
(BP); east – Lennar Savona Urban Low Density Residential
(LDR) subdivision; south – vacant land guided for Commercial and Interstate Highway 94.
Comprehensive Plan: Urban Low Density Residential (2.5 – 3.99 units per acre),
Urban Medium Density Residential (4.0 – 7.49 units per acre)
and Commercial
History: Boulder Ponds General Concept Plan approved by the City on 12/17/13 (Resolution
#2013-109). Boulder Ponds Preliminary Plat and Preliminary PUD Plan approved by
the City on 9/16/14 (Resolution #2014-73).
Deadline for Action: Application Complete – 2/20/2015 60 Day Deadline – 4/20/2015 Extension Letter Mailed – N/A
120 Day Deadline – 6/19/2015
Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR and MDR)
Article 16 – Planned Unit Development Regulations
§150.270 Storm Water, Erosion, and Sediment
REQUEST DETAILS
The City of Lake Elmo has received a request from OP4 Boulder Ponds, LLC for a Zoning Map Amendment, Final Plat and Final PUD Plan to subdivide approximately 58 acres of land located within Stage 1 of the I-94 Corridor Planning. The Final Plat would represent the first phase of the
Boulder Ponds residential subdivision and include 47 single family lots, as well as various outlots
planned for stormwater management, trails, and future commercial and residential land uses as
guided by the approved Preliminary PUD Plan. The proposed plat is located immediately north of Hudson Boulevard, immediately east of Eagle Point Business Park, and immediately south of the Stonegate subdivision. The subject properties have historically been used for agricultural purposes.
It should be noted that the zoning map amendment and Final PUD Plan require a public hearing to be
held.
The final plat area represents the initial project phase of the overall Boulder Ponds planned development. The developer intends to build homes in the central portion of the site on both sides of
the planned minor collector road 5th Street. The developer will be conducting final mass grading on
the entirety of the site as part of the 1st phase of development, whereas the street and utility
construction will follow the proposed phasing as demonstrated on the plans. The applicant has submitted detailed construction plans for related to sanitary sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been reviewed by the City Engineer, Fire Chief and
Landscape Consultant.
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The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval,
in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As
long as the final plat is consistent with the preliminary approval, it must be approved by the City.
Please note that the City’s approval of the Boulder Ponds Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. Staff has reviewed the final plat and found that it is consistent with the preliminary
plat that was approved by the City on September 16, 2014. Please note that the final plat and
construction plans now include approved street names for the subdivision.
The City Engineer has reviewed the final plat, and his comments are attached to this report. Although there are some additional revisions and additions necessary for the Final Plat and final
construction plans that need to be addressed by the applicant, the revisions can be made before the
City releases the final plat for recording. Staff is recommending that all revisions and modifications
noted within the City Engineer’s review memorandum date 3/4/15 be completed prior to the release of Final Plat for recording as a condition of approval.
Finally, in addition to the Final Plat and Final PUD Plan application, the landowner has also applied
for a Zoning Map Amendment. It should be noted that the current zoning for the Boulder Ponds site
is Rural Development Transitional District (RT), which is the City’s basic holding district for sites guided for future development. For the development to move forward into implementation and construction, it is appropriate for the site to be rezoned as guided by the approved plans for the
Boulder Ponds development. Staff is recommending approval of the proposed zoning map
amendment.
ZONING MAP AMENDMENT
Prior to a final plat being recorded, it is important to have the correct zoning in place to implement the approved use of the site. In the previous development applications the City has processed, the City was amenable to implementing the correct zoning for the site once the City approved
preliminary plans for the property, and sanitary sewer and water utilities were available. In the case
of Boulder Ponds, both of these thresholds or requirements have been met. The City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on 9/16/14. In addition, utilities are available to the site on both the southern and western borders. The applicants have submitted an
exhibit for the proposed zoning for the site at the direction of City staff. According to the submitted
Zoning Exhibit (Attachment #3), there are three proposed zoning designations for the Boulder Ponds
site. The areas intended for single family residential use will be zoned Urban Low Density Residential – Planned Unit Development (LDR-PUD), while Outlot C will be zoned Urban Medium Density Residential – Planned Unit Development (MDR-PUD) and Outlots A, B, E and F will be
zoned Commercial (C). Staff has reviewed the proposed zoning for the site and found it to be
consistent with the approved Boulder Ponds Preliminary Plat and Preliminary PUD Plan. Staff is recommending approval of the requested zoning map amendment based on the following findings:
1) The City of Lake Elmo approved the Boulder Ponds Preliminary Plat and Preliminary PUD
Plan on September 16, 2014.
2) The requested zoning map amendment is consistent with the appropriate zoning as guided by
the approved Boulder Ponds Preliminary Plat and Preliminary PUD Plan.
3) Municipal sanitary sewer and water utilities are presently available to the site on both the western and southern border.
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FINAL PLAT REVIEW AND ANALYSIS
The preliminary plat for Boulder Ponds was approved with several conditions, which are indicated
below along with Staff’s comments on the status of each. For those items and issues that are not directly addressed below, Staff has provided additional comments following the preliminary plat conditions list. Staff is recommending approval of the final plat, but with additional conditions
intended to address the outstanding issues that will require additional review and/or documentation.
Please also note that the applicant has also provided a response to the preliminary plat conditions as
part of the project narrative (Attachment #2).
Preliminary Plat Conditions – With Staff Update Comments (updated information in bold
italics):
1) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said
plan shall document extent of any proposed grading on the site. Comments: The applicant
has entered into a separate grading agreement with the City to complete mass grading on
the site. No grading activity has yet to commence. Should the applicant enter into a
development agreement with the City prior to any grading activity, the executed
development agreement will supersede the executed grading agreement.
2) The developer shall be required to submit an updated parkland dedication calculation in
advance of Final Plat. Upon submission of the calculation, the applicant must work with the
City to achieve the required parkland dedication amount per the City’s Subdivision Ordinance. The developer shall be required to pay a fee in lieu of land dedication equivalent
to the fair market value for the amount of land that is required to be dedicated for such
purposes in the City’s Subdivision Ordinance less the amount of land that is accepted for
park purposes by the City. Any cash in lieu of land dedication shall be paid by the applicant prior to the release of the Final Plat for recording. Comments: The applicant has submitted a
project narrative and exhibit that demonstrate that the portion of the northern greenbelt
park not within the Xcel Energy easement is 1.77 acres in size. It is the portion of the
northern greenbelt park not within the easement that would be eligible for parkland
dedication credit. Based on a calculation completed by staff and the applicant, the total
required amount of parkland dedication for the residential portion of the development is
4.34 acres. By subtracting the dedicated amount of 1.77 acres from the total required
amount of 4.34 acres, there remains 2.57 acres of land to be addressed through parkland
fees. Staff is recommending as a condition of approval that the applicant be required to
pay a fee in lieu of land dedication equivalent to the fair market value of 2.57 acres of land
(Condition #6).
3) The developer shall follow all the rules and regulations of the Wetland Conservation Act and
adhere to the conditions of approval for the South Washington Watershed District Permit.
Comments: The Boulder Ponds development has received their watershed district permit
from South Washington Watershed District. The applicant will be responsible to meet all
conditions of approval associated with their watershed districts permit and abide by all
regulations of the Wetland Conservation Act. Staff is recommending that this condition be
applied to the Final Plat approval of the 1st phase of Boulder Ponds (Condition #8).
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4) The applicant will work with the Planning Staff to name all streets in the subdivision in a
manner acceptable to the City prior to the submission of Final Plat. Comments: The Boulder
Ponds Final Plat submission includes updated street names that are consistent with the
Washington County street naming system. The Fire Chief has reviewed the proposed street
names and found them to be acceptable.
5) The applicant will work with staff to address the comments in the City Engineer's review
memo dated 7/24/14 to the satisfaction of the City Engineer as part of the Final Plat and Final
PUD Plan.Comments: The applicant has submitted updated plans to address many of the
conditions and review comments as specified by the City Engineer. All remaining
modifications requested by the City Engineer that relate to the Final Plat are outlined in a
review memo dated March 4, 2015. Staff is recommending a condition that all revisions
and modifications to the Final Plat and Final Construction Plans requested by the City
Engineer be included as a condition of approval (Condition #1)
6) In addition to standard easements required by the Subdivision Ordinance, additional drainage
and utility easements must be provided extending 10 feet from meandering sidewalks, as well
as all of the portion of private lots between meandering sidewalks and the public right-of-
way. Comments: The Final Plat does not currently show these easements at this time.
However, the applicant has noted in the project narrative that the additional easements will
be provided on the Final Plat once the final sidewalk layout is approved. Based on the
final construction plans for the Boulder Ponds development, staff believes that these
additional easements can be added once the construction plans are approved without
fundamentally altering the Final Plat. In other words, staff finds that the approach
recommended by the applicant to add additional easements upon approval of the sidewalk
locations will work. As a condition of approval of the final plat, staff is recommending that
the additional easements for meandering sidewalks be provided (Condition #4).
7) The landscape plan shall be updated to locate all boulevard trees in between the public street and sidewalk to not interfere with private utilities. Comments: The City’s landscape
consultant has reviewed the Final Landscape Plan and determine that there are still
proposed tree locations that may conflict with the installation of private utilities. Staff is
recommending that this issue be resolved as part of the required updates to the Final
Landscape Plan per the direction of the City’s Landscape Consultant (Condition #7). It
should be noted that the location of trees within the development is a construction detail
that should not alter the Final Plat.
8) All islands and medians internal to the Boulder Ponds development shall be platted as part of
the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and
open space on the Final Plat. Comments: The islands and median are now proposed to be
platted as part of the City right-of-way, thereby complying with the condition of approval.
As a condition of the development agreement, the applicant or developer will be required to
enter into a maintenance agreement with the City to maintain all the landscaping within
islands and medians internal to the Boulder Ponds development. This requirement is
specified in Condition #5.
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9) The design of the northern buffer trail shall be modified to a width of 8 feet as opposed to the
regional trail standard of 10 feet. Comments: The width of the northern buffer trail remains
10 feet. As a trail with a regional design is planned for the 5th Street Corridor, staff would
suggest that this trail be reduced in width to a typical 8-foot local trail. However, this
improvement is scheduled for the 2nd phase of the Boulder Ponds development. Staff would
recommend that the applicant address this condition with the 2nd phase of the single family
portion of the development.
10) The eastern segment of the northern buffer trail shall be moved to the south to the greatest
extent possible with plantings to screen the trail on the north side. Comments: The
applicants have successfully moved the northern buffer trail to the south from the previous
location as shown on the preliminary plans for Boulder Ponds. However, screening on the
northern side of the trail through the use of plantings was not provided. Staff is
recommending a condition that the Final Landscape Plan be revised to provide some
screening along the north side of the trail in the northeastern portion of the Boulder Ponds
development. This update to the landscape plan can be added to the other general updates
as specified in the memo submitted by the City’s landscape consultant (Condition #7).
11) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public
improvements. Comments: City staff are currently working with the applicant to draft a
development agreement based on the City’s standard template for these agreements. It is
the desire of the applicant to process the development agreement on a parallel track as the
approval of the Final Plat. This condition should remain in place to ensure that the
development agreement is approved and executed prior to the release of the Final Plat for
recording by Washington County (Condition #3).
12) The Final PUD Plan will include a development lot book to clarify proper building placement for use in granting building permits for the development. Comments: The applicant has
noted that a complete lot development book will be submitted once all of the staff review
comments have been addressed and the construction plans are approved. Given that
additional easements or sight modifications to the plat are warranted to address final staff
review comments, staff feels it is reasonable to allow the applicant to submit the
development lot book once the review of final construction plans is complete. In addition,
the applicant is still working with the prospective builder of the development on which
home elevations and floor plans will fit on each lot. Both of these factors make it difficult
to complete the lot book at this time. An example of an individual lot as it would be shown
in the lot book has been provided in Attachment #8 to demonstrate to the City what will be
included in the lot book. As shown on the example, the lot will have a building pad
location to direct the appropriate home location for the purposes or reviewing the building
permit. Staff would recommend that the development lot book for Phase 1 of the
development be provided prior to the release of Final Plat for recording (Condition #11).
Staff is recommending that the conditions noted above that pertain to the Final Plat and that have not
yet been addressed by the applicant should be adopted with the Final Plat. The City Engineer’s
review letter does identify several issues that need to be addressed by the developer in order for the
City to approve the final plans. However, the majority of these concerns are related to the construction plans and should have limited bearing on the final plat. Staff is recommending that City
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Officials not sign the final plat mylars until the City’s construction plan review is finalized and all
necessary easements are documented on the Final Plat.
In addition to the items discussed above, it should be noted that the Fire Chief is requesting that the
location of several fire hydrants be adjusted to improve operational efficiency. The Fire Chief’s memo, detailing all of the requested modification, is found in Attachment #10. Staff is recommending as a condition of approval that the applicant adjust the hydrant locations to the
satisfaction of the Fire Chief (Condition #10).
Based on the above Staff report and analysis, Staff is recommending approval of the Final Plat with
several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the Final Plat.
The recommended conditions are as follows:
Recommended Conditions of Approval:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
to the plat and plans requested by the City Engineer in a memo dated 3/4/15 shall be
incorporated into these documents before they are approved.
2) Prior to the release of Final Plat for recording, the developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the
Boulder Ponds Final Plat.
3) Prior to the release of the Final Plat for recording, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required
improvements with financial guarantees therefore.
4) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the release of the Final Plat for recording, including 10-foot easements behind all proposed meandering sidewalks within the Boulder Ponds subdivision.
5) A Common Interest Agreement concerning management of the common areas of Boulder
Ponds and establishing a homeowner’s association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 515B-103, and
specifically the provisions concerning the transfer of control to the future property owners.
The applicant shall also enter into a maintenance agreement with the City that clarifies the
individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat.
6) As part of the development agreement for the 1st phase of the Boulder Ponds development,
the applicant shall provide fees in lieu of land dedication for 2.57 acres of land to fulfill the
City’s parkland dedication requirements prior to the release of Final Plat for recording. The fee can be provided in a pro-rated amount for the Phase 1 Area or in an amount addressing the total residential portion of the site.
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7) The Final Landscape Plan shall be revised per the requested modifications of the City
Landscape Consultant, documented in a memo dated 3/3/15. The revised Final Landscape
Plan shall include screening on the north side of the northern buffer trail in the northeastern
portion of the development. The Final Landscape Plans shall be approved prior to the release of Final Plat for recording.
8) The applicant shall provide evidence that all conditions attached to the South Washington
Watershed District permit for the Final Plat and associated grading work have been met prior
to the release of the Final Plat for recording.
9) The applicant must provide written authorization to perform any work in the Electrical Transmission easement areas prior to the release of the Final Plat for recording.
10) The locations of fire hydrant identified in a memo dated 2/23/15 shall be revised per the
direction of the Fire Chief.
11) The applicant shall provide a complete development lot book for all lots in Phase 1 of the Boulder Ponds development clarifying proper building placement for use in granting building
permits prior to the release of Final Plat for recording.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed Boulder Ponds Final Plat and Final PUD Plan:
1) That the Boulder Ponds Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014.
2) That the Boulder Ponds Final Plat and Final PUD Plan is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
3) That the Boulder Ponds Final Plat generally complies with the City’s Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans.
4) That the Boulder Ponds Final Plat complies with all other applicable zoning requirements,
including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof.
5) That the Boulder Ponds Final Plat complies with the City’s subdivision ordinance.
6) That the Boulder Ponds Final Plat and Final PUD Plan complies with the City’s Planned Unit
Development Ordinance.
7) That the Boulder Ponds Final Plat is consistent with the City’s engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated March 4, 2015.
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RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the requested Zoning Map
Amendment to implement the correct zoning as guided by the approved Boulder Ponds Preliminary
Plat and Preliminary PUD Plan. The suggested motion is the following:
“Move to recommend approval of the requested Zoning Map Amendment for the Boulder Ponds
planned development based on the findings of fact listed in the Staff Report.”
In addition, Staff is recommending approval of the Boulder Ponds Final Plat and Final PUD Plan
with the 11 conditions of approval as listed in the Staff report. The suggested motion is the following:
“Move to recommend approval of the Boulder Ponds Final Plat and Final PUD Plan with the 11
conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report.”
ATTACHMENTS:
1. Location Map
2. Application Forms and Project Narrative
3. Zoning Map Exhibit
4. Final Plat (4 sheets)
5. Final Construction Plans (52 sheets)
6. Final Landscape Plan (10 sheets)
7. Turning Radius Exhibit
8. Development Lot Book Letter and Example
9. City Engineer Review Memorandum, dated 3/4/15
10. Fire Chief Review Memorandum, dated 2/23/15
11. Landscape Consultant Review Memorandum, dated 3/3/15
ORDER OF BUSINESS:
- Introduction ........................................................................................ Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
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- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
PUBLIC HEARING ITEM 5A – ACTION ITEM
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping,Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
Data Scource: Washington County, MN
12-4-2013
Location Map: Boulder Ponds PUD
K
STONEGATE
PARK
STONEGATE
EAGLE POINT BUSINESS PARK
BREMER
BANK
EAGLE POINT
BLVD.HUDSON BLVD
.
0 500 1,000250 Feet
1"=500'
Boulder Ponds Site