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HomeMy WebLinkAboutCC Packet 04-21-15 Tl I I (J F) ( )I Ox-[llission it to Pi-opide Jzralitp Public Services in a Fiscally Responsible 111an�er iile Pere�inLA � E E � O �the Ci,s Open Space Character NOTICE OF MEETING City Council Meeting Tuesday,April 21, 2015 7:00 P.M. City of Lake Elmo 1 3800 Laverne Avenue North enda A. Call to Order B. Pledge of Allegiance C. Roll Call D. Order of Business E. Approval of Agenda F. Accept Minutes 1. Approve March 24, 2015 Special City Council Meeting Minutes G. Council Reports H. Presentations/Public Comments/Inquiries 1. Proclamation-Arbor Day J. Finance Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept Finance Report dated March 31, 2015 4. Accept Building Report dated March 31, 2015 5. Accept Assessors Report dated March 31, 2015 K. Other Consent Agenda 6. Zoning Map Amendment-Perfecting Amendments, Ordinance 08-117 7. Easton Village Developer Agreement-Confirm Final Revisions and Assign Agreement to OP4 Easton Village, LLC 8. Sign Variance- 8515 Eagle Point Boulevard; Resolution No. 2015--28 9. 2015 Crack Seal Project-Receive Contractor Quotes and Award Contract L. Regular Agenda 10. Approve litigation versus Przorit,One Inc. (Library Tenant Rent Collection Suit) -Library,Board request 11. Boulder Ponds Zoning Map Amendment, Final Plat and Final PUD Plan; Resolution No. 2015 24, Ordinance 08-118 12. Boulder Ponds Developer Agreement; Resolution No. 2015-25 13. Municipal Consent-Phase II Downtown Street and Utility Project; Resolution No. 2015-27 14. Reconsideration of HR Conunittee Assignments -Bloyer Request(no memo) 15. Finance Committee Appointment 16. Third Party Review of Finances Discussion-Bloyer Request(no memo) M. Staff Reports and Announcements N. Adjourn Special City-Council Meeting Minutes March 24,2015 7:00 pm Lake Elmo City Hall Mayor Pearson called the meeting to order. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present:City Attorney Snyder,Fire Chief Malmquist,and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson explained that the public comment will be limited to items on agenda and will be allowed for each item at that time. Council Member Fliflet asked to move fire duty vehicle item to beginning of agenda. MOTION- Council 1Vleniber Bloyer moved TO APPROVE THE MARCH 24, 2019 SPECIAL CITY COUNCIL AGENDA AS AMENDED.Mayor Peat-son feconded the motion. MOTION PASSED 5--0. ITEM III: FIRE DEPARTMENT DUTY VEHICLE PURCHASE Dave Moore, 8680 Stillwater Blvd, member of Public Safety Committee,spoke on the color of duty vehicle. The current vehicle is more visible at night than during day.He is concerned about visibility. Fire Chief Malmquist explained the history and purpose of the duty vehicles. As the on-call duty officer,the duty officer has the vehicle at all time for ability to respond.The color statistically does not affect safety. Council Member Fliflet explained the council supports purchasing the truck, but noted that there has been discussion of the color. She supports the truck being red. Council Member Bloyer does not have a strong opinion on the color. Council Member Lundgren asked if the other fire fighters support black as the color.It was explained that the department supports it and takes pride in the appearance. Mayor Pearson supports what was approved at the past meeting. No action taken. ITEM IV: CITY ADMINISTRATOR TRANSITION City Attorney Snyder provided update since the last meeting. He explained the sensitivity of employment matters and the limitations Council is under in responding or discussing personnel data.After consulting with Council, his recommendation is: City Administrator contract be extended without further action, commentary,or involvement,thru January 31,2016,and the matter be laid to rest. Mayo Pearson confirmed the recommendation is the intent of the Council. The consensus is that it is. Council Member Bloyer said he wants to move forward and mend fences. MOTION.• Council Member Fliflet moved TO ACCEPT THE RECOMMENDATION AS STATED BY CITY ATTORNEY SNYDER TO EXTEND CONTRACT TO JANUARY 31, 2016. Council Member Bloyer seconded the motion. Dale Dorschner, 3150 Lake Elmo Ave, opposed to the motion.He does not believe it is for long enough. Tereasa Schmidt, 3240 Lake Elmo Ave, is opposed to the downtown sewer, and therefore wants the administrator gone. George Johnson asked why Lake Elmo is so dysfunctional. He believes it is due to arguments over growth. He suggested that the citizens talk to each other to work together. City Attorney Snyder brought up the proposed Council Driven Workshop. Council Member Lundgren spoke about the council trying to resolve issues. She said she does not appreciate inappropriate comments made towards her. Brenda Taylor, 7945 Hill Trail, supports the earlier petition. She does not understand why a 9 month contract is being proposed. She asked why-the 18 months called for in the petition are not being considered. Mr. Snyder explained Administrator Zuleger is under contract with no certain term Mr. Zuleger is currently an at-will employee who can leave at any time, or the council can terminate and provide severance per his contract. As an alternative, what is being proposed is a contract with a specified time where no review of contract would occur during this period. This motion would guarantee something that currently is not guaranteed. Council Member Bloyer wants to remove any doubt that the Council wants him in Lake Elmo. Debbie Dean , 8028 Hill Trail,asked what changed the council's mind from prior desire to separate. John Schiltz, 3442 Lake Elmo Ave, was surprised with tone of Council. He reminded council that Mr. Zuleger asked the council to consider if it is time for new administrator under the current working environment. He thinks that Council is offering Mr. Zuleger a way out. He said that Mr. Zuleger never said he wanted another 9 months or to leave.He is concerned about the future of the city. Bruce Weeks, 1446 Lake Elmo Ave, had been looking for new place to live due to city changing. He wants slower growth and is concerned whether Mr.Zuleger style can work under that framework. Mr.Bloyer pointed out that Mr. Zuleger works for the Council and is under its direction. He implements the Council policies. Mayor Pearson brought up possible raise based on past council recommendation. Council Member Fliflet would consider it as part of a formal performance review.Mayor Pearson suggested a review take place 30-45 days out.Council Consensus was in favor of this approach. Motion passed 5-0 Mayor Pearson reiterated that the administrator does what the council instructs. Ibe previous council gave direction and Mr.Zuleger followed it. Council Member Smith thanked those who called and emailed her. She denied all of the reported allegations against her.Mr. Snyder said that there have been no formal complaints filed. ITEM V: COUNCIL INTERACTIONS & BEHAVIOR Council Member Bloyer explained his comments as reported in the recent news articles. He did not intend some of those comments to be printed. He wants to work out his issues with Council Member Smith in private. Ed Gorman, 11011 Stillwater Blvd,believes this is a taxpayer issue.He thinks there is evidence of healing. Larry Weiss, 9302 Stillwater Blvd, believes a 9 month contract does not offer much to Mr. Zuleger. He believes there is a problem with council members. Stuart Johnson, 3603 36th Ave, believes that the drama is distracting from the progress. He wants to find a balance between the pro-growth and anti growth sides. He said he has seen the way Council Member Smith treats people.He called for Ms.Smith's resignation. Diane Mattson Knoll, 3127 Laverne Ct, spoke about the past civility progress and eliminating Speak Your Peace.She spoke about bullying and it being tolerated in the workplace. She spoke about how she wants well- planned development. Dale Dorschner, believes that the civility displayed tonight was a result of passionate citizens reacting to council action. He spoke about the petition calling for a non-hostile workplace. He outlined the events that led up to this that have been reported. He hopes that this is not a case of retribution. He called for independent investigation of recent events. He said that local attorney has deemed there to be instances of Council Member Smith violating the law. Council Member Fliflet noted that there are employment issues that cannot be discussed. Mr. Bloyer asked what the employment matters are?Mr. Snyder explained that it is not possible to have an attorney available to vet each and every comment regarding personnel matters,so it is best to err on side of privacy. Brian Hazelton, 11212 l+h St, asked for the reasons why Mr. Zuleger is not suitable job. He read email to him from Council Member Lundgren and questioned the quality and integrity of the Council. Ms. Lundgren explained she was sick when she responded. Brenda Taylor,spoke about the attitude of the Council and her ongoing frustration with the Council. Kathleen Haggard, 12154 Marquess Lane, spoke about Speak Your Peace and trying to start over with civility.She supports Council Member Smith 100%. She said that Smith has worked hard for Lake Elmo and that there have been no complaints against her. Mr. Bloyer said that while there may a disagreement over whether there have been be any formal complaints filed or not,that does not mean there have been no complaints. Andrea Albrecht Johnson, 3603 Lake Elmo Ave, spoke about how everywhere else has zero tolerance for bullying. The recipient's perception is what matters, regardless of intent. She asked that council move on and called for any council members who did wrongdoing to step down. Wally Nelson, 4582 Lilac Lane, spoke about the petition. He spoke about his belief in failing to provide a non-hostile workplace.He called for Council Member Smith to resign.He said the Council has lost the public trust.He asked for 3rd parry investigation of allegations. Mr. Bloyer noted that there has been a 3,d parry investigation, but the report has not been finalized. Mr. Snyder confirmed that the report will be public when complete. Jean Olinger, 9057 Lake Jane Trail, asserted that some council members are not listening. They are hearing, but not listening. She explained the difference.Asked Council to listen to the people. Jess Hartley, 10010 Tapestry Road, will not tolerate the disrespectful behavior by Council Member Smith. He is concerned about previous restrictions on Ms.Smith being lifted.He called for Council Members Smith, Fliflet,and Lundgren to resign. Dave Moore, 8680 Stillwater Blvd, questioned actions taken by new majority since taking office. He asked why the 3rd party report is not available now. Mr. Bloyer stated that the investigator has been dismissed. Mr. Moore asked about open meeting law violations. Mr. Snyder explained that the investigator was relieved of her duties as she went beyond what was requested of her. Steven Webber, 5577 Lake Elmo Ave, spoke about his interactions with Council Member Smith. He called for an independent council investigation and for Council Member Smith to resign. Pam Hartley, 10010 Tapestry Rd, supports Mr. Zuleger and staff. She called for Council Member Smith to resign.She also called for Council Member Fliflet and Lundgren to resign immediately.She asserted that there have been Open Meeting Law violations. Council Member Lundgren clarified that any conversations that took place were prior to taking office. The allegations of OML violations were discussed. Bruce Weeks, 1446 Lake Elmo Ave,is disappointed in the public's behavior towards Council. Mr.Bloyer defended the public's right to question their elected officials. Pat Dean, 8028 Hill Trail, appreciates everyone coming out to participate. He wants city to move forward. He suggested that some business people work with Council on how to be a better operating group. Jeff Stanway, 455 Lake Jane Trail,voiced his concern that the business community has had too much focus. He wants the residents to receive greater consideration. He said that there is one Lake Elmo that includes everyone.If there have been issues with Ms.Smith,the previous council failed to address it. Mayor Pearson is hopeful that the Council has learned something throughout this process and that Mr. Zuleger accepts commitment offered.Mr.Bloyer believes that there is a cultural problem and wants to fix the organizational problems. Ms. Smith noted her passion. She has felt bullied the past two years with 4-1 votes. She noted that the Council is trying to move forward. Tamara Brown, 5385 Jamaca Ave, disappointed in Council reaction to public comments. Asked Council to not react the way they do.She expects a more professional response. Mara Crombie, 11090 32nd St, confused about the 3rd party investigation. Mr. Snyder explained that there was an outside review of employment matter.That outside parry has been dismissed. Bruce Peacock, 11090 32nd St,asked for time table for investigation report. Mara Crombie, 11090 32nd St, asked for 3,d parry investigation on the Administrator's harassment claim Council Driven Workshop The Council discussed scheduling the workshop. MOTION.• Council Alember F/flet moved TO ADJOURN. Council Member Lundgren seconded the motion. MOTION PASSED 5--0 Mayor Pearson adjourned the meeting at 9.•39 pm. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson,Mayor Adam R Bell,City Clerk CITY OF LAKE ELMO ARBOR DAY PROCLAMATION WHEREAS: Minnesota is home to many of our nation's natural resources, foremost among them are our beautiful and abundant forests; and WHEREAS: Trees are an increasingly vital resource in Minnesota today,enriching our lives by purifying the air, conserving soil,water and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and creating beautiful landscapes to make our communities more livable; and WHEREAS: Disease and insects threaten our trees, creating the need for concerted action to ensure the future of community and rural forests in our state and throughout the country; and WHEREAS: Each individual can act locally to improve the environment by planting trees and ensuring that these trees are protected and receive proper maintenance in the years ahead; and WHEREAS: Each year on the last Friday in the month of April, the people of Minnesota pay special tribute to the vital natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW, THEREFORE I, Mike Pearson, Mayor of the City of Lake Elmo, do hereby proclaim April 24,2015 to be ARBOR DAY in Lake Elmo, Minnesota. Signed this April 21, 2015 Mike Pearson, Mayor Tree City, U.S.A. TI IC CITY OF LAKE ELNIO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of$383,951.46 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $383,951.46 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$383,951.46. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA --page 1 -- City Council Meeting [Consent Agenda Item 2] April 21,2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim# Amount Description ACH $ 12,582.55 Payroll Taxes to IRS & MN Dept of Revenue 4/16/2015 ACH $ 6,363.21 Payroll Retirement to PERA 4/16/2015 DD6141-DD6167 $ 35,248.13 Payroll Dated (Direct Deposits) 4/16/2015 42664 $ 46.69 Payroll Dated 4/16/2015 42665-42726 $ 329,050.88 Account Payable 4/21/2015 2708-2718 $ 660.00 Library Card Reimbursement 4/21/2015 TOTAL $ 383,951.46 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $383,951.46. ATTACHMENTS: 1. Accounts Payable—check registers --page 2-- � t 6 § } / /wj ( ƒ ƒ � - j f rwl / / / \ \ \ \ \ \ \ . | E Cl2 — � & / \ R k f / R / _ _ \Er — _ � \ \ \ — _ cc 3 a —_ ' = 7 � / } } 2 tr, 5)-,tn © — . _ / / \ ± _ ® _ « r @ / / S 0 — — e \ Q / \ \ cy _ — _ _ _ C C.. N v a• r ti f — N ^w cc 6 r R Y V - L L L L r— aj `�'� 71 v N d !V •u G G C C. lr V_ � - 0f cr N Jn < y V Y, Y, Y Y, Y, Y, Y; Y. 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Y D1J V_ C! 7_ O` 1/ c - z z` z Z z z z z` 1 r r I� k v u c; u a c r ca z c = ` f N CV ^1 N N N N N N N nJ N N N nl cr 7 OC V) rl ICt 11 i I ? r- r C7 TI IB CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM #3 MOTION AGENDA ITEM: March 2015 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the March 2015 Financial Reporting Packet. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of March 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. --page 1 -- City Council Meeting [Consent Agenda Item 3] April 21,2015 GENERAL FUND: Revenues: Total revenue for the month was 23.1% below the budget for the month bringing the year to date total revenue to 23% below budget. The most significant budget to actual revenue variances are as follows: • Building Permit revenue was 49%below budget for the month and 55% below budget on a year to date basis. The budget was compiled for the full year only and the amount shown for the month of March is 1/12`h of the total budgeted for the year. This represents 4 new home starts compared to the budgeted 11 new home starts per month. The year to date new home starts is at 12 of which 2 were open space new homes rather than the new developer activity. • Sewer Permit revenue for the month was 100% below budget due to there being no new sewer permits in the month of March. • Zoning and permit revenue was 100% above budget due to the budget for March being zero. • Fine revenue for the month was 8% better than budget. This is primarily due to the fine activity ramping up in the spring as mentioned last month. Expenses: Total expenses for the month were 2.1% less than budgeted bringing the year to date expenses to 11.6% less than budget. All departments are managing to the bottom line. The following summarizes variances of note: General: 1. YTD - The Workers Compensation insurance premium was paid in February for 2015. There was an 18% rate increase for 2015 which was not known at the time of the preparation of the 2015 budget. This had the greatest impact to the Fire and Public works departments due to their rates. 2. YTD - The Liability and Auto insurance was budgeted in February and the invoice has now been received and will be paid in April. • Mayor and Council — As mentioned previously, the year to date amount in Dues and Subscriptions represents the 2015 portion of the League of MN Cities annual dues as well as the annual contribution of$5,000 made to the Youth Services Bureau in January for 2015. These amounts were spread out in the budget so the expense will catch up during the year. --page 2-- City Council Meeting [Consent Agenda Item 3] April 21,2015 • Finance — Audit Services — The audit service fees were budgeted later in the year consistent with the billing for the last two audits. However, the audit fieldwork was scheduled earlier this year resulting in the expense showing up earlier. The audit expenses are right at budget and this variance is merely a timing issue. • Planning and Zoning—Total expenses for the planning department for the month are 21% higher than budgeted bringing the year to date to 7% higher than budgeted. This is primarily due to retaining the intern longer than anticipated in the budget as well as incurring more engineering expenses that were not recoverable through the developer escrows. • Prosecution legal expenses are 12% higher than budget for the month and the majority of the cost increase is covered by the increase in fine revenue mentioned earlier. • Building Inspection — The building inspection expenses are 40.7% below budget for the month due to the building permit volume being far below the level anticipated in the plan. As a result, the contracted inspector continues to be utilized until the permit volume ramp up to a level justifying a staff addition. • Sand & Salt—Due to better weather in March, there was no salt expense for the month of March. It appears the harsh weather is over and it appears the remaining budgeted amounts will suffice for the fall demands. In summary, as discussed during the 2015 budget process, expenses are being closely monitored until the development ramps up to cover growth driven expenses. Although the net income for the month was 8.8% below budget, this is a result of timing issues. Even with this, year to date actuals are at 4%better than budget due to everyone managing to the bottom line. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached March Financial Report. ATTACHMENT: 1. March Financial Reports --page 3 -- y C C n In s a 1_ C I W 1 W v 'JC lh L UI h W J i _ C- G G VI IJ .. N W N N IJ VI W i v J L G W O O V'I J Oc VI VI C J W OG �. W OC C• U� �G P O J - C CJ N y N fG �, n OC C J VI G Oc L � y G G � UI 1A-• > 'L "1 I- < 1- L J C J V N_ I- N P - IJ s C - iJ G In C Y Oc i �U, . 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A� Nv g u -�G� '. 9 3 G f C tk THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM 4 AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Kyle Klatt, Planning Director SUGGESTED ORDER OF BUSINESS: Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through March, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2015 2014 2013 New Homes 12 6 8 Total valuation $5,058,976 $3,912,800 $3,307,289 Average home value 421,581 652,000 413,000 Total Valuation YTD 7,747,769 5,203,291 4,036,283 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the March, 2015 monthly new home building pen-nit report. --page 1 -- TI IC CITY Of- LAKE ELNIO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM #5 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through March 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORYBACKGROUND INFORMATION: Property splits/plats—0 Sales collected and viewed— 8 Taxpayer inquiries— 17 Miscellaneous inquiries - 4 Inspections—Residential— 8; Commercial—0 Building permit reviews— 13 Pictures taken— 8 Other work perfonned included: • Receiving valuation related phone calls/inspecting properties • Monthly meeting with County residential and commercial supervisors --page 1 -- City Council Meeting [Consent Agenda Item#S] April 21,2015 • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the March 2015 monthly assessor report. --page 2 -- THE CITY or- LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM# 6 AGENDA ITEM: Zoning Map Amendments—Perfecting Amendments SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Nick Johnson, City Planner SUGGESTED ORDER OF BUSINESS: Introduction of Item........................................................................ City Planner Report/Presentation.............................................................. ..City Planner Questions from Council to Staff............................................. Mayor Facilitates Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: The Planning Commission is recommending that the City Council adopt an updated Zoning Map that addresses several land use and development projects that have recently been approved by the City. The Commission is also recommending amendments that will address previous map issues in order to improve the overall consistency of the map. The Planning Commission considered the proposed zoning map amendments at its March 23, 2015 meeting and a summary of the Commission's report and recommendation are included below. FISCAL IMPACT: There are no direct fiscal impacts to the City associated with the proposed Zoning Map Amendment. SUMMARY AND ACTION REQUESTED: The City Council is being asked to adopt an updated Zoning Map that addresses several land use and development projects that have recently been approved by the City. Staff and the Planning Commission are also recommending other minor corrections from previous maps. --page 1 -- City Council Meeting [Consent Agenda Item 6] April 21,2015 The Planning Commission considered this matter at its March 23, 2015 meeting and recommended approval of the proposed zoning map amendments. If this item is pulled from the consent agenda, the suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Ordinance. 08-117 adopting a revised zoning map for the City of Lake Elmo" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: All of the requested changes to the Zoning Map are based on approvals given or actions already taken by the City, or are intended to bring the Map into conformance with the Comprehensive Plan. The proposed changes include the following: Parcel/Description Existing Proposed Zoning Zoning Langley Court Water Tower RS PF-Public Facilities Village Preserve RT LDR—Low Density Residential Village Park Preserve RT LDR—Low Density Residential Easton Village RT LDR—Low Density Residential 3520 Laverne Avenue North RS GB—General Business 8282 Stillwater Boulevard North (Rear Lot) RE RS—Rural Single Family Residential 8308 Stillwater Boulevard North(Rear Lot) RE RS—Rural Single Family Residential Parcel ID 16.029.21.34.0008 (Rear Lot) RE RS—Rural Single Family Residential 8364 Stillwater Boulevard North(Rear Lot) RE RS—Rural Single Family Residential 8428 Stillwater Boulevard North(Rear Lot) RE RS—Rural Single Family Residential 8488 Stillwater Boulevard North(Rear Lot) RE RS—Rural Single Family Residential --page 2-- City Council Meeting [Consent Agenda Item 6] April 21,2015 Because the proposed map amendments are intended to address developments or projects that have already been approved by the City, Staff recommended approval of all changes as presented. The Planning Commmission conducted a public hearing on the proposed map amendments at its March 23, 2015 meeting. No one spoke at the hearing and the Planning Commission unanimously recommended approval of the amended Zoning Map as presented (7 ayes and 0 nays). BACKGROUND INFORMATION (SWOT): Strengths • The proposed Zoning Map amendments brings the map up to date with the approval of recent development projects. • The amendment fixes a map error that has a commercial property in the Village Area zoned rural single family. Weaknesses . None Opportunities • Staff is recommending adopting several amendments together rather than taking additional time to review each change separately. Threats • None RECOMMENDATION: The Planning Commission and Staff are recommending that the City Council approve an updated Zoning Map to adopt the appropriate zoning for recently approved subdivision and development projects and to make other snap corrections to bring the map into conformance with the City's Comprehensive Plan. If this item is pulled from the consent agenda, the suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Ordinance 08-117 adopting a revised zoning rttap for the City of Lake Ebno" ATTACHMENTS: 1. Ordinance 08-117 2. Proposed Zoning Map 3. Existing Zoning Map --page 3 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE 08-117 AN ORDINANCE AMENDING CHAPTER 154 OF THE LAKE ELMO CITY CODE OF ORDINANCES BY ADOPTIONG A REVISED OFFICIAL ZONING DISTRICT MAP SECTION 1. The Zoning Map of the City of Lake Elmo established by the City Code, Section 154.351 is amended by deleting the existing Lake Elmo Zoning Map and adopting a new official Zoning Map which is attached and incorporated herein as Exhibit "A". SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-117 was adopted on this 21 st day of April 2015, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 08-117 was published on the day of , 2015. 1 T - 7�,45- P W-�1/�E ZONING DISTRICTS - - O - A --------- _�_- - - BP - GB �l LC - -� LC-PUD LDR �I. MDR OP P F - R2-PUD RE - 4 —� RR RS Municipal Boundary Shoreland District PROPOSED CHANGES - - - Sources:Washington County&Metro GIS 3-17-2015 Official Zonin Ma THE CITY E OF p LAKE LMO Proposed T 10 E S _=_J` ZONING DISTRICTS - A - BP mc CC GB ;w5t- bin LC LC-PUD LDR MDR - - GPrl _ I PF R2-PUD - - MAIL- RE _-- I ! RRIRS - I _ -- � RT Municipal Boundary ] Shoreland District Data Disclaimer: - - This map is not a bounda- —ey and is not intended to be_.ei as such. The City of take Elmo assum liability for the completenessteness off this map or responsibility for any—ciai ted direct, indirect,or consequential damages that _ may result from its use or m— Sources:Washington County&Metro GIs 1-9-2015 THE un, O Official Zoning Map LAKE ELMO THE CITY O LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM# 7 AGENDA ITEM: Easton Village Developer's Agreement—Affinn Final Contract Language and Approve Potential Assignnent of Agreement to OP4 Easton Village, LLC (Excelsior Group) SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Dave Synder, City Attorney Nick Johnson, City Plamler SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: The City Council approved a Development Agreement for Easton Village at its March 3, 2015. This approval was contingent upon final review and approval by the City Attorney, who has requested that the final document be brought back to the Council for final conformation. Staff is also recommending that the Council grant approval a potential assignment of the development contract to OP4 Easton Village, LLC (Excelsior Group) in advance of a potential sale of the Easton Village Phase 1 area to this development company. FISCAL IMPACT: Direct Payments to Developer — None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Although the construction plans include oversizing of some infrastructure, the developer has previously agreed to absorb these costs as part of the City's 391h Street Sewer assessment project. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watenmains and other public infrastructure, maintenance of storm water ponding areas (after three years), monthly lease payments for street light, and other public financial responsibilities typically associated with a new development. --page 1 -- City Council Meeting [Council Agenda Item 7] April 21,2015 The assignment of the agreement to another party does not alter any of the obligations, securities, cash payments, or other provisions of the agreement. SUMMARY AND ACTION REQUESTED: The City Council is being asked to affirm the final language to be included in the developer's agreement for Easton Village and approve a potential assignment of the agreement to ON Easton Village, LCC upon the finalization of an agreement to purchase the subject property from Easton Village, LLC (Tom Wolter). The agreement has gone through a final round of reviews by City Staff, the developer, and the City Attorney, and the final document is being presented to the City Council for final review. If this item is pulled from the consent agenda, the recommended motion to take action on the request is as follows: "Move to affirm the final language to be included in the developer's agreement for Easton Village and to approve a potential assignment of the agreement from Easton lrllage,LLC to OP4 Easton Village, LCC upon the finalization of an agreement to purchase the subject property" LEGISLATIVE HISTORY/STAFF REPORT: The City Council has previously approved a developer's agreement for Easton Village contingent upon the City Attorney completing a final review of the document. The City Council was especially concerned that the provision in the agreement concerning development reimbursement for future railroad crossing improvements be reviewed with final input from the City Attorney before the agreement was executed. Since the Council's March 3, 2015 meeting, the developer has requested minor revisions to a few sections of the document, and Staff has suggested some minor changes as well. All changes since the document was conditionally approved by the City Council have been tracked in the attached document, and can be summarized as follows: • Minor corrections as recommended by the City Engineer since the Council review of this item. • Adjusted construction costs for Streets and Erosion Control as per the recommendation of the City Engineer. • Section 29 concerning railroad crossing improvements and developer contributions for the future crossing improvements has been modified from the version presented to the City Council. The attached agreement includes revisions to change the fee from a REC- unit based fee to one that is now calculated based an overall percentage of the costs for contributing parcels. A table has also been added to the agreement to document the calculations used to determine the share for all benefitting parcels. The new calculation resulted in a very small increase to the developer's required cash contribution for this item. • Section 30 (E) has been revised at the request of the developer to allow a letter of credit to be used for the required temporary access road removal security. It also notes that the developer may elect to renew this security as part of future project phases. --page 2-- City Council Meeting [Council Agenda Item 7] April 21,2015 • An additional provision has been added to the railroad crossing portion of the agreement (Section 29, Subpart Q that clarifies the procedure to be used in case the costs of the crossing exceeds the amount estimated in the agreement. • The developer has provided a detailed cost estimate regarding the future work necessary to remove the temporary access road that resulted in a modest increase to the original estimate for this work. Please note that the developer requested that a new provision be added to Section 22 to lock in the SAC and WAC charges at the present amount for future project phases within the development. This change is not recommended by Staff and has not been included as part of the final document. All other terms and conditions of the agreement are unchanged from the version presented on march 3`d. Since the previous Council discussion on this matter, the developer has indicated that he is working towards a potential sale of the first addition to another land development company as noted above. The attached letter from the Excelsior Group explains that Excelsior Group is planning to purchase the first phase of the project and would like to assume responsibility for all of the work specified in the agreement. Under the terms of the agreement, the developer has the right to request an assignment of his rights to another party. In order to facilitate a future land transfer to OP4 Easton Village, LLC, Staff is recommending that the City Council take forinal action to grant the potential assigmnent to this company. This action does not change any of the developer's requirements under the agreement, it simply clarifies who the developer is that will be constructing the improvements and furnishing all required securities for the project. BACKGROUND INFORMATION (SWOT): Strengths: The developer's agreement has been drafted to guarantee that the improvements associated with Easton Village plans will installed in accordance with City specifications. Execution of the developer's agreement and compliance with all conditions in the agreement will allow the developer to record the Final Plat. Weaknesses: The City will assume responsibility for future maintenance of the public improvements. Opportunities: The proposed improvements will provide for infrastructure cotunections to adjacent properties. Threats: The City will need to provide construction observation throughout the course of the project (these costs will be covered under an Engineering Administration Escrow). RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council conform that the revisions to the developer's agreement for Easton Village (as documented in the updated agreement) are consistent with the City's conditional approval of the agreement at a previous meeting and to approve a potential assigmnent of the agreement to OP4 --page 3-- City Council Meeting [Council Agenda Item 7] April 21,2015 Easton Village, LCC (Excelsior Group) upon the finalization of an agreement to purchase the subject property from Easton Village, LLC (Tom Wolter). If this item is pulled from the consent agenda, the suggested motion to adopt the Staff recoinmendation is as follows: "Move to affirm the final language to be included in the developer's agreement for Easton Village and to approve a potential assignment of the agreement from Easton Village,LLC to OP4 Easton Village, LCC upon the finalization of an agreement to purchase the subject property" ATTACHMENTS: 1. Letter from Excelsior Group—April 16, 2015 2. Easton Village Developer's Agreement—Final Draft (with revisions tracked) -- page 4 -- EXCELSIOR April 16,2015 4-ThcEscr/rrorGroup Dean Zuleger City Administrator City of Lake Elmo Re: Easton Village Development Dean, I appreciate your time yesterday to discuss the Easton Village development and our potential involvement in that project going forward. The Excelsior Group,through one of its'affiliated companies,has entered Into an agreement with Easton Village, LLC to purchase the first phase(71 lots)of the Easton Village development. We are currently going through our due diligence of the planned purchase,to ensure that our assumptions regarding the purchase are accurate, As part of this process,we have met with the project engineer,the contractor,the city,and other stakeholders. We anticipate completing our due diligence process by the end of April,with a planned closing the first part of May. There remain a few open items that need to be resolved before we can proceed to closing, but we feel these will be resolved. As you know,the Excelsior Group,through an affiliated company,is in the process of completing the Boulder Ponds development in Lake Elmo. We felt that this existing relationship with the city of Lake Elmo would make all stakeholders more comfortable with the contemplated purchase of Easton Village. The Excelsior Group is a local investment company that invests In various types of real estate,mainly in the twin cities area. A segment of our business is the development of single family residential lots for sale to well established independent builders. We also provide financing for independent builders,so that they can grow their business,we truly want to be partners with the builders that we work with. Our intention regarding Easton Village is to simply step into the shoes of Easton Village,LLC, and complete the development as designed. We would assume the responsibilities of the developer as they relate to the phase 1 improvements, including the installation of the water and sewer mains that will serve the area. We would assume the Development Agreement and post the surety required as part of that agreement. We are in the process of pulling together a pool of builders,from the builders that we work with,to build homes in Easton Village. We anticipate that we will have 2—4 independent builders building in Easton Village. We Intend to begin construction of the infrastructure this spring,with the hope that our pool of builders can begin construction on their homes by late summer. We will establish a Homeowners Association in Easton Village for the purpose of maintaining the entrance monument and any other common spaces that require maintenance. In addition,there will be architectural requirements that our builders will need to adhere to,this will ensure that the development is aesthetically pleasing. The Lxcelsior Group, LLC <• 11455 Viking Drive,Suile 350,Eden Prairie, NiM 553411 612-353-3300 a Excelsiarl-LC.ccm a Info@ExcelsioW-C.com We request, that as part of the approval of the Development Agreement,the city approve the potential assignment of said agreement to our affiliated entity,OP4 Easton Village, LLC. This approval will allow us to keep the process moving. Should you have any other questions or concerns, please do not hesitate to contact me. Sincerely, f_ Ben Schmidt Vice President The Excelsior Group 612-259-0375 (resen,ed_for recording information) DEVELOPMENT CONTRACT (Public sewer and water) Easton Village AGREEMENT dated 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Easton Village, LLC (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Easton Village (referred to in this this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described as: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both I parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat and required homeowner's association documents have been recorded with the Washington County Recorder's Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. This plat is a phase of a multi-phased preliminary plat; the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. The plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A— Final Plat Plan B — Final Grading, Drainage, and Erosion Control Plans Plan C — Final Sanitary Sewer, Water Main, Storm Sewer, and Street Plans 2 Plan D — Final Landscape and Tree Preservation Plan Plan E — Eastern Village Trunk Sewer Line 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Sanitary Sewer- Eastern Village Trunk Sewer Line D. Watermain E. Surface Water Facilities (pipe, ponds, rain gardens, etc.) F. Grading and Erosion Control G. Sidewalks/Trails H. Street Lighting I. Underground Utilities J. Street Signs and Traffic Control Signs K. Landscaping and Street Trees L. Tree Preservation and Reforestation M. Wetland Mitigation and Buffers N. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer 3 and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36, Summary of Cash Requirements (City Engineering Administration Escrow). The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements until the escrow has been reduced to half of its original amount. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the improvements (at normal City rates for such services) and will maintain the account at half of the original balance. If Developer fails to pay the invoiced amount within such 30-day period, and such failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in iR-accordance with this Section. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and 4 acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis at normal City rates therefor. The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Way Excavations and Obstructions: • City of Lake Elmo, Right-of-Way Utility Installation(s) • City of Lake Elmo, Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: 5 • Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SW PPP (Stormwater Pollution Prevention Plan) F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by June 30, 2016, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off of Manning Avenue. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise 6 and coordinate all construction activities for all improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16., 17. and 18. For the purpose of this paragraph, Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the 7 preparation and submittal of the as-constructed grading plan. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all trails, ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. The City will not issue any building permits, with the exception of the model homes described in Section 26(A), -until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and 8 emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of 3.99 acres of land, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdivision Ordinance. 9 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $213,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $213,000.00. In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,485.00 per REU, and a water connection charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest city fee schedule, which may be more or less than the amount specified herein. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables, posts, ►amps, ballasts, starters, photocells, and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $749.52 in payment for the first year operating costs for street lights. 10 25. WETLAND MITIGATION. The Developer shall complete any required wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restoration is unsuccessful, and if Developer fails to remedy such default within fifteen (15) days after written notice from the City (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances), the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except five (5) model homes on lots acceptable to the Community Development Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Community Development Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City 11 Engineer. G. The City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, and in the further event that such claims have not been resolved by Developer within thirty (30) days after written notice from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneys'fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, all at normal City rates therefor. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat 12 approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Notwithstanding anything to the contrary, Developer's obligation to indemnify, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses, including attorney's fees, which relate to, result from or are caused by the City's violation of applicable law, this Agreement or the negligence of the City and/or its officers, employees, consultants or agents. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys'fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 28. CITY PAYMENTS. There are no City payments for oversizing due to previous agreements with the Developer concerning the 39'h Street Trunk Sewer Line project. 29. RAILROAD CROSSING IMPROVEMENTS: The Developer shall be required to pay for a portion of the costs to secure, build and install a public rail crossing at the location shown in Exhibit B to specifications required by the City, the Minnesota Department of Transportation, the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the crossing and the track in accordance with the specifications of the City of Lake Elmo. The Developer's portion of these costs shall be calculated based on the Rumbefpercentage of the overall number of Residential Equivalency Connection (REC) units aSSOGiated with the deVelepMeRtplanned for developments that will directly access the Village Parkway minor collector road between State Highway 5 and 301h Street divided by the estimated overall project costs. The City will request that Aall future development projects (#a-connectinig directly to Village Parkway shall alse be Fequired te contribute IR a similar maRRertowards said crossing improvement. The Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. The Developer agrees to submit a cash payment of $ 63,000 to the City for its share of the railroad crossing improvements. 13 A. The amount of the cash payment was calculated as follows: $500,000 estimated project costs d+v+dedmultiplied by 12.6% 566--beRef ttiR(j "E� = $833 per R; WRi+�yrReRtMYl}4f)16e l by 71 RF`G UR4S n44h'n the P4at$63 000. B. The calculation for future railroad crossing costs has been determined as follows: Parcel ID(s) REC Unit Count Percentage Total Costs 13.029.21.14.0002 24-7 38.6% $193,000 13.029.21.42.0001 13.029.21.41.0001 13.029.21.13.0001 13.029.21.43.0004 489 17.8% $89,000 13.029.21.44.0002 13.029.21.12.0001 4--� 30.2% $151,000 13.029.21.14.0002 13.029.21.24.0001 775 13.4% $67,000 Totals 562 100% $500,000 C. If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City. The City may participate in the additional costs of construction of the railroad crossing if it is deemed to be necessary as a matter of public safety. 29-.30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 22, 2015L February 5, 2015, and February 10, 2015 -Engineering review memorandums concerning the Easton Village Final Plat. B. Before the City executes the final plat, the Developer shall convey Outlots A, B, D, G, Part of E, and F to the City by warranty deed, free and clear of any and all encumbrances. C. Railroad Crossing Improvements. The Developer shall enter into an escrow agreement with the City satisfactory to the City Attorney concerning acquisition of and the payment of 14 costs associated with a new railroad crossing and the construction of related public improvements serving the property and providing financial guarantees concerning the construction of said improvements. Developer shall provide all property in fee and/or easements as required by the City necessary to establish the railroad crossing. D. The Developer shall install temporary turnarounds on the northern end of Linden Avenue North and the termination point of 32'l" Street North until these roads are extended to the north as part of a future development phase. E. Temporary Manning Avenue Access Removal. Prior to the City's acceptance of the streets, the developer shall submit are letter of credit or cash escrow to the City in the amount of j$26724627,870)to guarantee the removal of the temporary access road connecting to Manning Avenue._ This letter of credit or escrow may be renewed for future protect phases if the requirements for removal of the access road have not been met prior to the platting of future project phases. F. Compliance with recommendations of the Metropolitan Airports Commission as documented in a letter dated December 8, 2014 from the Commission's Airport Planner. G. Disclosure of Information: The declarations for the Homeowner's Association shall include a disclosure statement in form and substance as attached as Exhibit B hereto regarding the Lake Elmo Airport, Access to Manning Avenue, and Union Pacific Railroad rail line. H. The Developer must obtain a sign permit from the City prior to installation of any permanent subdivision identification signs. I. The Developer shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014. I. The Developer shall observe all other County requirements as specified in the Washington County review letter dated June 24, 2014. J. The Developer 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 15 public park and open space on the final plat. K. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required by the City. O. The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. 3-9:31. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions relating to the plat approval and outlots and conveyances, as approved by the City Attorney, shall be filed with the final plat. No third-party beneficiary status is hereby conferred. All outlots and common areas, including Outlots A, C, and E shall be maintained in good order and repair by a homeowner's association, and, if it does not do so, then the City may perform the work and assess the costs against the individual lots within the plat of Easton Village and without regard to the formalities or requirements of Minn. Stat. § 429. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage 16 insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property darnage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council, The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any 17 other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 3� ). EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement and the continuance of such failure fora period of thirty(30)days afterwritten notice thereof(provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances). B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement and the continuance of such failure for a period of thirty (30) days after written notice thereof (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances). 3`L:33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 18 B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn. Stat. §429.. 33,34. ENFORCEMENT BY CITY: DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 34:35, WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a cash deposit or letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. 19 C. The required warranty period for sod, trees, and landscaping is two growing seasons following installation. D. The required warranty for landscaping within storm water infiltration areas (Portions of Outlot B and Outlot F) shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3)years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 3—._,6. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security")for$4,435,1444,31 8,894. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets $449,489526,489 Sanitary Sewer $293,960 Eastern Village Trunk Sewer and Watermain $624,924 Watermain $303,289 Surface Water Facilities (pipe, ponds, rain gardens, $585,943 etc.) Grading $728,739 Erosion Control $52,67868,678 Sidewalks/Trails $98,777 Street Lighting Xcel to Install, to be pre-paid directly by developer Street Signs and Traffic Control Signs $5,600 Landscaping $110,781 Tree Preservation and Restoration $164,435 ,p Wetland Mitigation and Buffers Separate letter of credit through Watershed District Monuments $30,000 Miscellaneous Facilities N/A Developer's Record Drawings $6,500 Construction Sub-Total $3;455,1153,548,115 Total Project Securities (at 125% Construction $4,,318,8944,435,144 Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 35. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to 50%, or $2,'� 5° 447-2,217,572 of the security provided in accordance with paragraph 32. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items, but not including the final wear course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to an additional 25%, or $ �,07,�.9,7241,108,786 of the security provided in accordance with paragraph 32. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list items and including the final wear course; 21 and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers, are provided. C. Twenty percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $213,000 Water Availability Charge (WAC) $213,000 Park Dedication N/A Railroad Crossing Improvement $ 63,000 Contribution Street Light Operating Fee $749.52 Village AUAR Fee $16,630 City Base Map Upgrading $1,100 City Engineering Administration $50,000 (Based on two months of Escrow administration/observation) Total Cash Requirements $557Aq2-.52 557,479.52 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 2140 West County Road 42, Burnsville, MN. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 22 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. CITY OF LAKE ELMO BY: Mayor (SEAL) AND City Clerk DEVELOPER: BY: Its 23 STATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2 , by and by the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 by the of NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 24 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 2 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2 by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 2 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2 , by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651)747-3901 26 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Easton Village All that part of the Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter all being in Section 13, Township 29 North, Range 21 West, Washington County, Minnesota, lying south of the southerly right-of-way line of the Union Pacific Railroad, and further described as follows: Beginning at the East Quarter Comer of said Section 13; thence South 0 degrees 02 minutes 51 seconds East bearings based on the Washington County Coordinate System (NAO 83), along the east line of said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast comer of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter, a distance of 2637.64 feet to the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North 0 degrees 00 minutes 58 seconds East along the North and South Quarter Section line of said Section 13, a distance of 1397.70 feet to the southerly right-of-way line of the Union Pacific Railroad; thence North 72 degrees 32 minutes 48 seconds East along said southerly right- of-way line, a distance of 69.19 feet to the point of intersection with a line being 66.00 feet east of, as measured at right angles to, and parallel with said North and South Quarter Section line of said Section 13; thence South 0 degrees 00 minutes 58 seconds West along said parallel line, a distance of 330.00 feet thence (at right angles) South 89 degrees 59 minutes 02 seconds East, a distance of 300.00 feet thence (at right angles) North 0 degrees 00 minutes 58 seconds East, 424.41 feet to said southerly right-of-way line of the Union Pacific Railroad; thence North 72 degrees 32 minutes 48 seconds East, along said southerly right-of-way line of the Union Pacific Railroad, a distance of 2378.80 feet to the east line of said Southeast Quarter of the Northeast Quarter; thence South 0 degrees 02 minutes 53 seconds East along said east line, a distance of 883.82 feet to the point of beginning. Excepting therefrom that part of the Northwest Quarter of the Southeast Quarter of said Section 13, lying within the following described area: Commencing at the southwest comer of said Northwest Quarter of the Southeast Quarter; thence North along the west line of said Southeast Quarter of Section 13, a distance of 240.00 feet to the point of beginning; thence continuing North along said west line of the Southeast Quarter, a distance of 667.80 feet thence East at right angles a distance of 30.00 feet; thence southeasterly by a deflection angle to the right 46 degrees 28 minutes 00 seconds, a distance of 220.70 feet; thence southeasterly by a deflection angle to the left 20 degrees 35 minutes 00 seconds, a distance of 286.80 feet; thence south by a deflection angle to the right 64 degrees 07 minutes and parallel with said west line of the Southeast Quarter, a distance of 382.70 feet thence West at right angle, a distance of 440.00 feet to the point of beginning. And Excepting from the first above described area, all that part lying Easterly of a line 60.00 feet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as follows: Commencing at the East Quarter comer of said Section 13; thence South 00 degrees 51 minutes 49 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described; thence North 00 degrees 45 minutes 51 seconds West a distance of 3571.19 feet thence North 00 degrees 54 minutes 55 seconds West a distance of 1000.00 feet and said center line there terminating, except the Chicago and Northwestern Railroad right-Of-way, Washington County, Minnesota. 27 EXHIBIT "B" TO DEVELOPMENT CONTRACT Disclosure of Information — Easton Village Developer shall cause the following notice to be given as part of the declarations for the Easton Village Homeowners Association: Lake Elmo Airport, The Property is located near the Lake Elmo Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is open 24 hours a day,year round. The Airport operates with a primary runway on a northwest/southeast orientation and a perpendicular crosswind runway on a northeast/southwest configuration. The primary role of the Lake Elmo Airport is to accommodate personal, recreational, and some business aviation users within Washington County and the eastern portion of the Twin Cities Metropolitan Area. The Airport accommodates aircraft operations from single and multi-engine propeller- driven aircraft; occasional corporate jet aircraft; helicopters; and pilot training facilities; all of which may affect the Property with overflights and aircraft noise during the day and at night. The Airport operates lighting which may be visible from the Property. The Long-Term Comprehensive Plan for the Lake Elmo Airport contemplates constructing a longer primary runway parallel to but shifted north and east of the existing northwest/southeast runway alignment and an extension to the crosswind runway. The proposed expansion is intended to improve the Airport's ability to fulfill its existing role and to compete more effectively for additional business-related flights that use propeller-driven aircraft. Further information regarding the Lake Elmo Airport can be obtained from the Metropolitan Airports Commission's Airport Manager, Telephone No.: 651-224-4306. Union Pacific Railroad. The property is located near an active Union Pacific Rail Line, which at present, carries 4-6 trains per day. The City of Lake Elmo intends to construct a new railroad crossing across the railroad right- of-way that will connect the northernmost extension of Village Parkway as platted within Easton Village to Minnesota State Highway 5. Manning Avenue/County Highway 15. The access to Manning Avenue from 32n`' Street North is temporary in nature and will be eliminated at such time that Village Park Way is connected to 30`f'Street or 5 years has passed from the date of final plat approval, whichever is longer. �g IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable Letter of Credit in the amount of$ available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified,or limited by reference to any document, instrument, or agreement,whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 100788500 29 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21,2015 CONSENT ITEM# 8 AGENDA ITEM: Sign Variance—8515 Eagle Point Blvd. N. SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt, Community Development Director Washington County Public Works SUGGESTED ORDER OF BUSINESS (should the item be removed from the Consent Agenda): - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council Action on Motion....................................................................Mayor Facilitates POLICY RECCOMENDER: Planning Commission FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City has received a request from BDH + Young, 7001 France Ave. S., Edina, MN, on behalf of Eagle Point Medical, LLC to allow for the construction of a permanent ground sign at the Eagle Point Medical Center, 8515 Eagle Point Blvd. N., that exceeds the maximum permitted height by four feet. The proposed sign would be located along Inwood Ave. N. in the southwest corner of the site. To consider the request, the Planning Commission held a public hearing on April 13, 2015. The Planning Commission is unanimously recommending approval of the proposed variance. Should the item be removed from the Consent Agenda, the motion to take the recommended action on the request is as follows: "Move to adopt Resolution No. 2015-28, approving a variance to allow for the construction of a 16 foot tall ground sign along Inwood Ave. N. at the Eagle Point Medical Center." --page 1 -- City Council Meeting [Consent Agenda Item 8] April 21,2015 BACKGROUND INFORMATION: On behalf of Eagle Point Medical, LLC, BDH+Young has submitted a variance to allow for a permanent ground sign at the Eagle Point Medical Center that exceeds the maximum permitted height by 4 feet. According to the City's signage provisions, the maximum height ground sign allowed at the Eagle Point Medical Center site would be 12 feet. The applicants are proposing a ground sign that is 16 feet in height, but otherwise complies with all other elements of the Sign Ordinance. The proposed 16-foot tall sign would be located in the southwest corner of the site along Inwood Ave N. (CSAH 13). The applicants have submitted the variance request based on two unique circumstances on their property: 1) The existence of a 40-foot wide drainage and utility easement causes the ground sign to be located further from Inwood Ave. N. than would otherwise be required under the City's Sign Ordinance, reducing visibility for the proposed sign; and 2) The existing topography of the site creates a situation where the base of the proposed ground sign is lower in elevation than Inwood Ave., as the site is lower than the adjacent roadway, causing further challenges for visibility. The details of the staff review of the variance can be found in Attachment#2,which is the staff report to the Planning Commission. In addition to the staff review, the proposed variance was reviewed by Washington County, as Inwood Ave. (CSAH 13) is a County roadway. The County's review comments are found in Attachment#8. The County noted no objection to the proposed variance. PLANNING COMMISSION REPORT: The Planning Commission reviewed the proposed variance on April 13, 2015. In addition, a public hearing was held on that date. During the public hearing, no testimony was received and no other written comments were submitted to staff. After discussion of the proposed ground sign and the requested variance, the Planning Commission unanimously recommended approval of the variance request (Vote: 7-0). Further detail of the Planning Commission discussion can be found in the draft Planning Commission minutes. STRENGTHS,WEAKNESSES, OPPORTUNITIES,THREATS: Strengths: In the judgment of the Planning Commission and staff, the circumstances on the property are unique and are not created by the landowner. The request represents a reasonable use of the property. The variance would allow the landowner to construct a ground sign that would allow for visibility to Inwood Ave. given the unique circumstances of the property. Weaknesses: Some argue that variances set precedent for future cases, and thereby encourage additional variance applications. However, under Statute, each variance case must be evaluated on its own merits, and one case does not set precedent for another. In addition, the subject property has multiple unique circumstances that would be unlikely duplicated on other properties in the City. --page 2 -- City Council Meeting [Consent Agenda Item 8] April 21,2015 Opportunities: N/A Threats:N/A PLANNING COMMISSION RECOMMENDATION: Based on the aforementioned, the Planning Commission and staff are recommending that the City Council approve the proposed variance to allow for a permanent ground sign that exceeds the maximum permitted height by 4 feet. Should the item be removed from the Consent Agenda, the motion to take the recommended action on the request is as follows: "Move to adopt Resolution No. 2015-28, approving a variance to allow for the construction of a 16 foot tall ground sign along Inwood Ave. N. at the Eagle Point Medical Center." ATTACHMENTS: 1. Resolution No. 2015-28 2. Staff Report to the Planning Commission, 4/13/15 3. Location Map 4. Application Forms and Project Narrative 5. Proposed Ground Sign, Site Sections and Site Plan 6. Existing Conditions Survey 7. Site Photos 8. Washington County Review Email --page 3-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2015-28 A RESOL UTION APPRO VING A VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A 16-FOOT TALL PERMANENT GROUND SIGNAT 8515 EAGLE POINT BOULEVARD WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, BDH + Young, 7001 France Ave. S., Suite 200, Edina, MN (the "Applicant"), on behalf of Eagle Point Medical, LLC,has submitted an application to the City of Lake Eh-no(the"City") for a variance to allow for a permanent ground sign at the Eagle Point Medical Center, 8515 Eagle Point Blvd. N., that exceed the maximum permitted height by four feet. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on April 13, 2015; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated April 21, 2015; and WHEREAS, the City Council considered said matter at its April 21, 2015 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance to allow for the construction of a 16-foot tall permanent ground sign at 8515 Eagle Point Blvd. N., exceeding the maximum height allowed by 4 feet. 4) That the Variance will be located on property legally described as follows: Lot 1, Block I of Eagle Point Business Park 71h Addition,Washington County, Minnesota. PID: 33.029.21.42.0014. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted Resolution No. 2015-28 1 by an official control. Speciftc findings: Increasing the height of a proposed ground sign from 12 feet to 16 feet represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. The variance to allow a taller ground sign in this location does not present an unreasonable use. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The existence of a 40 foot drainage and utility easement along the west property boundary and Inwood Ave. represents a unique circumstance not created by the landowner. The easement causes the ground sign to be setback much further than would ordinarily be required by the City's Zoning Code. In addition, the existing topography of the site is at a lower elevation than Inwood Ave., creating additional challenges of visibility. The topography of the site represents an additional unique circumstance not created by the landowner. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The location of the Eagle Point Medical building is in an area that is predominantly comprised of commercial uses. Ground signs and other types of signage are common along the Inwood Ave. corridor near the subject property. Increasing the height of the ground sign from 12 feet to 16 feet will not alter the essential character of the locality. 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially duninish or impair property values within the neighborhood. Specific findings: The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the Eagle Point Medical site. The proposed ground sign will notpresent additional congestion on public streets, or substantially dinninish or impair property values within the neighborhood. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Variance is granted. Passed and duly adopted this 2 1" day of April 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk Resolution No. 2015-28 2 11 II. CITY OF PLANNING COMMISSION LAKE ELMO DATE:4/13/15 AGENDA ITEM:4A—PUBLIC HEARING CASE#2015-14 ITEM: Sign Variance—8515 Eagle Point Boulevard North SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Conununity Development Director Washington County Public Works SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing to consider a request from BDH+ Young on behalf of Eagle Point Medical,LLC, for a variance to allow a 16-foot tall ground sign. The maximum ground sign height for the subject property according to the City's Sign Ordinance is 12 feet. Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings listed in the Staff Report. GENERAL INFORMATION Applicant: BDH+Young(Patrick Giordana), 7001 France Ave.N., Suite 200,Edina,MN 55435 Property Owners: Eagle Point Medical,LLC (Mark Davis),222 South 91h Street#3255, Minneapolis,MN 55402 Location: Part of Section 33,Township 29 North,Range 21 West in Lake Elmo, at the southeast corner of Inwood Avenue(CSAH 13)and Eagle Point Boulevard. Address: 8515 Eagle Point Blvd.N., Lake Elmo,MN, 55042. PID Number: 33.029.21.42.0014 Request: Variance—Accessory Building Forward of the Primary Structure and within the Front Yard Setback. Existing Land Use: Medical Facilities Existing Zoning: BP—Business Park Surrounding Land Use: Offices and Financial Institution Surrounding Zoning: BP—Business Park Comprehensive Plan: Business Park Proposed Zoning: No Change History: The subject property was platted as part of the Eagle Point Business Park 7"' Addition in 2006. The Eagle Point Medical Center was approved as part of a Preliminary and Final PUD Plan in 2014 (Resolution 2014-54). PUBLIC HEARING ITEM 4A—PUBLIC HEARING 2 DeadlineforAction: Application Complete—3/30/15 60 Day Deadline—5/29/15 Extension Letter Mailed—No 120 Day Deadline—7/28/15 Applicable Regulations: 154.212—Sign Regulations 154.109—Variances(Administration and Enforcement) REQUEST DETAILS The City of Lake Elmo has received a request from BDH+young on behalf of Eagle Point Medical, LLC for a variance to allow a ground or monument sign that exceeds the maximum height allowed under the City Sign Ordinance. Under the City's ordinance,the maximum height for a ground sign in this location would be 12 feet. The applicant is requesting a variance to allow a 16-foot high ground sign, exceeding the maximum height by 4 feet. The applicant has provided a written statement to the City indicating the reason for the variance request. The written statement includes a narrative addressing how the proposed variance meets the 4 required findings to grant a variance under the City's Zoning Code and State Statute. BACKGROUND The subject property is located at the southeast corner of the intersection of Inwood Avenue(CSAH 13)and Eagle Point Boulevard.The attached location map (Attachment#1)highlights the location of the parcel. The parcel has been platted as part of the Eagle Point Business Park and is 3.77 acres in size.The subject property and surrounding properties are zoned BP—Business Park. In terms of land use,the surrounding properties are mostly comprised of offices and other commercial uses. It should be noted that the Eagle Point Medical Center was approved in 2014, and is still under construction. In terms of the physical characteristics of the property, the building is located in the northern portion of the site, while the parking area is located in the southern half. Storm water infiltration areas are located along the eastern side of the site. The site has street frontage on both the north and west sides, facing Eagle Point Blvd. and Inwood Ave. (CSAH 13)respectively. The main entrance to the building faces the south side of the site adjacent to the parking lot. The attached site plans provide detailed information about the specific elements of the property. PLANNING AND ZONING ISSUES In reviewing the applicable codes and planning considerations that apply to the subject property, Staff would like the Planning Commission to consider the following as it reviews this request: • Ground Signs. According to the City's Sign Ordinance, the allowance for ground signs in commercial zoning districts are dictated by the total number of traffic lanes and speed limit of the adjacent roadway.In the case of the subject property,the adjacent roadway used to determine the allowable height and area for a ground sign would be Inwood Avenue. Inwood Avenue is a 4-lane roadway,with lane expansions occurring to accommodate turn lanes at intersections and driveways. In addition,the speed limit of Inwood Ave. is 55 miles per hour. This number of traffic lanes and speed limit allow for a ground sign that is 12 feet in PUBLIC HEARING ITEM 4A—PUBLIC HEARING 3 height and 80 square feet in area, the maximum size ground sign allowed in the City's Sign Ordinance. It should be noted that the ground sign proposed by the applicant complies with the Sign Ordinance with regards to sign area. The area of commercial message is approximately 76 square feet. In addition,the electronic variable message sign is approximately 21 square feet,thereby not exceeding the maximum size of 40%of size area. • Site Topography.As noted in the applicant's narrative and shown on the various site plans provided,the elevation of the site at 8515 Eagle Point Blvd is lower than the Inwood Ave. roadway.According to the narrative,site plans and site section, the base elevation of the sign is approximately 4 feet below the elevation of passing vehicles on Inwood Avenue. To determine if this elevation was an existing condition or a result of the grading of the site, staff reviewed the topographical survey for the property. This survey(Attachment#4)was provided at the time of the preliminary and final development approvals for the Eagle Point Medical Center. The existing conditions survey reveals that the site was indeed lower than the roadway prior to the limited grading and construction of the site. This review confirms that the elevation was an existing condition not created by the landowner. In addition to reviewing the topographical survey, staff also visited the site to observe the location of the proposed sign and the elevation/visibility. The site visit confirmed that the proposed sign location is lower than Inwood Avenue in terms of elevation. • Drainage and Utility Easement. The Eagle Point Medical site was originally platted as part of Eagle Point Business Park 7`h Addition. When the site was platted, a 40-foot drainage and utility easement was dedicated along the western property line. The easement area contains both sanitary sewer(8-inch)and watermain(I 2-inch). As noted in the applicant's narrative, easement areas include restrictions as to what type of improvements can be constructed within easement areas.The applicant is correct in that a permanent ground sign would not be allowed to be constructed within the easement, especially since existing sewer and watermain are located within the easement. In terms of visibility of a sign,the utility easement does present a challenge, as the typical setback for a ground sign is the height of the sign. In other words,if a ground sign were 10 feet tall,the required setback would be 10 feet. In the case of Eagle Point Medical,the required setback is nearly 3 times greater due to the existence of the 40-foot utility easement. Similar to the topography of the site,the location of the existing utilities and easement is a situation not created by the landowner,an important test when considering a variance request. • Berming and Landscaping.It should also be noted that one issue affecting visibility and is related to the elevations is the berming and landscaping that is currently in place near the property line and within the Inwood Ave right-of-way. The berming is directly related to the elevation challenges as noted by the applicant and has been discussed. On the other hand,the landscaping on the site along Inwood Ave. includes multiple trees that also reduce visibility. There is no doubt that the landscaping and trees are an amenity to the site and the overall business park. This landscape design is in keeping with the character that Lake Elmo would like to present, supporting natural viewsheds whenever possible and installing significant trees and plantings. These plantings are a value for the property and the community. However, it is also true that these reduce visibility for ground and other types of signage that commercial businesses utilize for identification purposes. Staff does not view this as a driving factor for the variance application, but rather as inforriation that informs the context of the site and motives of the applicant. PUBLIC HEARING ITEM 4A—PUBLIC HEARING 4 • Washington County Review. The Variance request was sent to Washington County Public Works. County Planner Ann Terwedo confinned that the County does not have any objections to the variance request, as the sign does not conflict with traffic or sight distance on Inwood Avenue.The Washington County Review can be found in Attachment#6. Finally,although it does not have a significant bearing on the review of the variance, Staff would note that the masonry contractor for the Eagle Point Medical project has already built the base and column for the proposed sign.The existence of the base was discovered upon the visit of the site. This work was completed prior to any sign pen-nit being issued for the monument sign. In raising this question with the applicant,they noted that all monument signs were on the approved building plans for the Eagle Point Medical building. In viewing the sign on the approved plans,the masonry contractor incorrectly thought that approval for the signs was provided. In reviewing the approved building plans,the applicant is correct that the monument signs are on the approved plans. Staff views this as a simple misunderstanding between the applicants and contractors. REVIEW AND ANALYSIS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Ehno City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant's request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties-"Practical difficulties"as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Under this standard,the City would need to find that the placement of the proposed accessory structure in the proposed location is a reasonable use of the property. FINDINGS:Increasing the height of a proposed ground sign from 12 feet to 16feet represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. The variance to allow a marginally taller ground sign in this location does not present an unreasonable use. Staff determines that this criterion is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard,the Planning Commission would need to identify those aspects of the applicant's property that would not pertain to other properties within the same zoning classification. FINDINGS: The existence of a 40 foot drainage and utility easement along the west property boundary and Inwood Ave. represents a unique circumstance not created by the landowner. The easement cause the ground sign to be setback much fia-ther than would ordinarily be required by the City's Zoning Code. In addition, the existing topography of the site is at a lower elevation than Inwood Ave., creating additional challenges of visibility. The topography of the site represent an PUBLIC HEARING ITEM 4A PUBLIC HEARING 5 additional unique circumstance not created by the landowner. Staff determines that this criterion is met. 3) Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. Propose findings for this criterion are as follows: FINDINGS. The location of the Eagle Point Medical building is in an area that is predominantly comprised of commercial uses. Ground signs and other types of signage are common along the Inwood Ave near the subject property. Increasing the height of the ground sign from 12 feet to 16 feet will not alter the essential character of the locality. Staff determines that this criterion is met. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Propose findings for this criterion are as follows: FINDINGS. The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the Eagle Point Medical site. The proposed ground sign will not present additional congestion on public streets, or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. Please note that the applicant has also provided a set of findings as part of the attached narrative and supporting documentation included with the application. Considering the potential findings of fact as suggested in the preceding section, Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings noted in items 1-4 above. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the variance request submitted by BDH+Young on behalf of Eagle Point Medical,LLC given that the request meets the four criteria for a variance. In addition,Washington County has reviewed the variance request and found no conflicts resulting from the proposed sign. The suggestion motion for taking action on the Staff recommendation is as follows: "Move to recommend approval of the variance request at SSI S Eagle Point Blvd. to allow for a 16- foot high ground sign at the Eagle Point Medical Center based on the findings identified in the Staff Report." ATTACHMENTS: 1. Location Map 2. Application Forms and Project Narrative 3. Proposed Ground Sign, Site Sections and Site Plans 4. Existing Conditions Survey 5. Site Photos 6. Washington County Review Email PUBLIC HEARING ITEM 4A—PUBLIC HEARING 6 ORDER OF BUSINESS: - Introduction.......................................................Community Development Director - Report by Staff..................................................................................... City Planner - Questions from the Commission............................Chair& Commission Members - Open the Public Hearing..................................................................................Chair - Close the Public Hearing..................................................................................Chair - Discussion by the Commission..............................Chair&Commission Members - Action by the Conunission.....................................Chair&Commission Members PUBLIC HEARING ITEM 4A—PUBLIC HEARING 1 , 1 u • i 1 + I Ai f� 1 pfti ++ ps • �Ij - ource -sn Digita Globe,GeoE-.ye,1 cubed, SDA,USES.A� I et apping,'_S Ag-id IGN. IGP swiss oPo.and the ero GIS";Ujer'C mmunit Location Map: 8515 Eagle Point Blvd. N. l'I IL c a'I'1' UI= LAKE ELMO 8515 Eagle Point Blvd. 0 150 300 600 Feet I I 1 I I I I i I Data Source: Washington County, MN 1"=300' 4-9-2015 Date Received: 'I Itl: (AT) (A. 651-747-3900 Received By: LAKE LM 0 3800 Laverne Avenue North Permit lake Elmo, MN 55042 LAND USE APPLICATION ❑ Comprehensive Plan ❑ Zoning District Amend ❑Zoning Text Amend Variance"(see below) ❑ Zoning Appeal ❑ Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P. ❑ Interim Use Permit(LU.P.) ❑ Excavating/Grading ❑Lot Line Adjustment ❑ Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concept Plan ❑ PUD Preliminary Plan ❑ PUD Final Plan Applicant: f!>D�) t�otlt-t[3 F'A't\2\G1L- (a 1 yP At�A Address•�J�p 1 FR.AN�� PaV. 'Sau� �u�-f'E 2�D Phone# Email Address: PC21oe=j i&r..Ap,e.BD}1�(aUN1�•C.oC'� Fee Owner: 'F e,%;,rr n ex>% -NLV Address: r> A,%. F ez;XN-M Phone#�s�2 - •di �`L7- GoM '�ZSS Email Address:ns�,v�S L��.VthiZED•L. KPa'C�`'1N Property Location(Address and Complete(long)Legal Description: �j��P�Cs1�Lr. p�G-s-a trlc. -To -5��. R�Goti��� �I.Pcr '��F�.oF, L-►A`�I�tir-\C,'i'or-� G-aur� Detailed Reason for Request: J �e�Ntes',Eit'Pa VPiR� A►NLfir ,u�.ST �P.. Moratah��-xt' �.y� �F'Eica T ,Variance Requests: As outlined in Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant 1 Date: �- ! Signature of fee owner:_ I I + 7001 France Avenue South p 952,893.9020 Suite 200 f 952.893.9299 interiors architecture Edina, Minnesota 55435 March 12,2015 Attn: Nick Johnson City Planner The City of Lake Elmo 3800 Laverne Ave,N. Lake Elmo,MN 55042 Regarding: Eagle Point Medical Center-Variance application This letter is being provided per the requirements of the City of Lake Elmo Variance procedure and application form. a. Property Owner: Eagle point Medical, LLC C/O Mark Davis Davis Real Estate Services Group 222 South 9"'Street Suite#3255 Minneapolis,MN 55402 b. Legal Description: Lot 1,Block 1,Eagle Point Business Park 7`"Addition, according to the recorded plat thereof,Washington County,Minnesota — Site size: 164,347 S.F. (3.77 Acres) Zoning district: Eagle Point Business Park PUD Proposed use: 30,344 S.F, Multi-tenant single story medical office building c. Lake Elmo City Code section from which the variance is being request: 154.212 Table 5-3 Ground Signs www.hdhyouq.r:om �I i Ila _ � I 7001 France Avenue South p 952.893.9020 Suite 200 t 952.893.9299 interiors architecture Edina, Minnesota 55435 d. Description of variance request: The Eagle Point Medical Center building is located at 8515 Eagle Point Boulevard in Lake Elmo Minnesota. The sites westerly property line runs adjacent to Inwood Avenue which offers the most strategic location for both building and monument signage. We have worked with the Planning staff to determine the allowable signage size on both the building and monument sign and our proposed signs meet all the required size criteria. The request for a sign variance is for an additional 4'in height for the proposed monument sign. Our request is based on two site conditions that make visibility of the monument sign difficult. Ideally,a monument sign provides an opportunity to elevate your sign in order to improve the visibility for passing vehicular traffic. The site topography is such that the location of the monument sign is approximately 4'below the surface of the drive lanes on Inwood Avenue. This means that even with a 4' brick base to our sign,the bottom of the sign cabinet is located at the same elevation as Inwood Avenue. Secondly,the project site includes a large 40'wide utility easement that runs the length of the west property line. The monument sign is not allowed to be constructed in the utility easement. In addition,there exists a 60'wide right of way along Inwood Avenue meaning the total setback of the monument sign from Inwood Avenue is 100'. e. Pre-application discussions with staff: Patrick Giordana (bdh + young)project architect,Steve Hirtz (Nordquist Sign Company) and Nick Johnson City Planner for the City of Lake Elmo had a meeting on Tuesday, February 17'h to discuss Section 154.212 of the City of Lake Elmo City Code and the allowable signage available for the Eagle Point Medical Center project. We also discussed the criteria for requesting for a variance to the City Code and the application process. f. The request for a sign variance is for an additional 4'in height for the proposed monument sign. We are not requesting any increase in sign area for either the monument sign or any wall mounted huilding signs. Please see the attached monument sign elevation that includes a brick and stone base that compliments the materials used on the Medical Building. Our request is based on two site conditions that make visibility of the monument sign difficult. Ideally,a monument sign provides an opportunity to elevate your sign in order to improve the visibility for passing vehicular traffic. The site topography is such that the location of the monument sign is approximately 4' below the surface of the drive lanes an Inwood Avenue. This means that even with a 4' brick base to our sign,the bottom of the sign cabinet is located at the same elevation as Inwood Avenue (See attached cross section drawing and grading plan that illustrate this condition). Secondly,the project site includes a large 40'wide utility easement that runs the length of the west property line. The monument sign is not allowed to he constructed in the utility easement, In addition,there exists a 60'wide right of way along Inwood Avenue meaning the total setback of the monument sign from Inwood Avenue is in excess of 100' (See attached site plan which highlights- these setback conditions) . These two items create a situation where visibility to the monument sign is difficult. www.hdhyoung cam 7001 France Avenue South p 952.893.9020 Suite 200 f 952.893.9299 interiors architecture Edina,Minnesota 55435 g. Oue to the 40'wide utility easement that runs the entire length of the west property line of the project site,the possible locations for the monument sign were very limited. In addition,the location of existing trees and landscaping within the Inwood Avenue Right-of-Way minimized opportunities for a view corridor to a proposed monument sign. We feel the proposed location offers the only solution that provides building tenant identification and is considerate of the existing landscaping. h. Granting of this variance will not alter the essential character of the neighborhood. We are not requesting additional signage area. The variance request is to allow 4'of additional height due to the site conditions outlined in the narratives above and below. i. Granting of this variance will not impair adequate light and air to adjacent properties and will not impair property values in the neighborhood. 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FIN;;gh;t N.FM 5, X 4 it tig S! i t Y�; g; !a im I ? m", q 3 i iN 33Ei Id III 4� I " Rk 3. fj! ell P- ion. -.1 _!2 i j glyl 15% .1fiiJ i IA- In j _4 � 11��l�i � `i I _ It gi is -.f �_€. 16 lei e per: 'ON 'N 3(7 N-9A V G 0 0 M N I Washington County L — i rtT i .F r t l 1 i Iti0 00 . . !s _liar.. - ..1► t ^�, rlti_ \ �' ab fit 11 r I - •, CrJ � - n ,cr"�.•�r�. it g ,�, /`� :i Iltrsri�Fttct�tl.! c. . 17, ,r ' t ✓ i I �•f � j ''•y. \ O ti E i fRt(t_Ct FT; .• 0 10C 200 400 Feel I I I I I I I I I MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing is the rosull M the compilason and repredudion of lend records as May appaar In various Washlnglon Counly afr— The drawing should be used for reference purposes only.Washington County Is not responsible for any Created on 2/17,12015 �naccurecies. ti 74. .t <YmI Yix"e ` c'rE� is �^i�`.. ��ysya9s'•g Cs�:�9��Eg E s' � ='a„ ° � � `��j � ' e �E�ss;Se�AS scg: = �s� a_egSEEpESEaxe_p Eeegosg[[s�seEar E n "s` - _a � a �� �� c;k3 '4EE yi E} S^' b�jf I" =ot ocmoo8amm'ESmm`inemcer;gnabcoacoo c o 4L� S_ -ode o a€F•^"s_°..� El .; -_a _ �a�a�WW.:::a..�m>o°":��ma.._�:;< ;5 'S FIE, Wg - _�st�y�c o�• =af ul I`'Nn 7a ;C -`� az� a.a^-a - Y,+ \� • .- �\,mil- 1;�,. '2 '•.;rb �$gam ��,,.A�'.�\,�.� � —-<.��� Il \\�`\ `°' \�� I b\ In h � E �g — �' / / / 'L -1�11 11\\11 ✓' I y I j I f �i l�': '' �- � I �� � 1 I I •- III l�il I � i �,. � �S . Lit 1 - 4 i 1 I111 II LIJ _J �a 2� �r7s� p`\ e � :m, � '� »°n'•' .d. `�� �'4A1.[0.L[. - ; 'N•\ [ q G:__,(C/ 317N3n V GOOMNI f U co tio Ln cu � r ' •fit. a LAJ r H aaii aj 3 s en i c O Y O OA _c Q O .y J t_ f M /I Nick Johnson From: Ann Pung-Terwedo <Ann.Pung-Terwedo@co.washington.mn.us> Sent: Wednesday, April 01, 2015 10:56 AM To: Nick Johnson Cc: Carol Hanson Subject: RE:April Land Use Review Nick, We reviewed the application and plans for monument sign (variance to height) to be located at 8515 Eagle Point Blvd. Since the sign is outside the right-of-way and does not cause any issues with traffic/sight distance on Inwood Avenue/CSAH 13, there are no comments. Thanks, Regards, Ann Ann Pung-Terwedo Senior Planner Washington County Public Works 11660 Myeron Road North Stillwater, MN 55082 Phone: 651-430-4362 FAX: 651-430-4350 E-Mail: Ann. Pung-terwedo@co.washington.mn.us <mailto:Pung-terwedo@co.washington.mn.us> Washington County Public Works Department Stewards of the county's investment in parks, buildings, transportation, land survey, and land use planning. 1 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: April 21, 2015 CONSENT ITEM# 9 AGENDA ITEM: 2015 Crack Seal Project—Receive Contractor Quotes and Award Contract SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUGGESTEII OADER OF BUSINESS (if removed from the ConsentAQenda): Questions from Council to Staff.............................................Mayor Facilitates - Public Input, if Appropriate........................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $28,350 Construction Cost. $31,350 Total Cost with Engineering. Crack sealing is an annual budgeted expense covered in the street maintenance budget. The 2015 street maintenance budget for crack sealing and seal coating is $186,578. With the crack sealing bids received on April 15, the City remains on target with the overall street maintenance budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to accept quotes and award a construction contract to Gopher State Sealcoat, Inc. in the amount of $28,350 for the 2015 Crack Seal Project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to accept the quotes and award a Construction Contract to Gopher State Sealcoat, Inc. in the antount of$28,350 for the 2015 Crack Seal Project" --page 1 -- City Council Meeting [Consent Agenda Item 91 April 21,2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the City's annual street maintenance program, certain streets have been scheduled to be seal coated in 2015 (see attached Location Map and Street List). Best pavement management practices recommend these streets be crack sealed in advance of the seal coat treatment. Therefore, staff has solicited contractor quotes to complete the crack sealing this spring prior to the scheduled seal coat. Quotes were solicited from 4 qualified contractors and 3 quotes were received on April 15, 2015. Gopher State Sealcoat, Inc. submitted the lowest quote of$28,350 for the project. See attached tabulation for a breakdown of the quotes received. The Engineer's estimate of probable construction cost was $30,000. The project will be funded through the Street Maintenance Fund. The work is required to be completed by May 15, 2015. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the quotes and awarding a construction contract to Gopher State Sealcoat, Inc. in the amount of $28,350 for the 2015 Crack Seal Project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to accept the quotes and award a Construction Contract to Gopher State Sealcoat, Inc. in the amount of$28,350 for the 20I5 Crack Seal Project." ATTACHMENT(S): 1. Project Location Map 2. Street List 3. 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Johnson, City Planner THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt, Community Development Director Jack Griffin, City Engineer Greg Malmquist, Fire Chief Stephen Mastey, City's Landscape Consultant SUGGESTED ORDER OF BUSINESS: - Introduction of Item.....................................Community Development Director - Report/Presentation..............................Community Development Director - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Planning Commission - FISCAL IMPACT: TBD—the City will be asked to review a developer's agreement concerning the final plat at its April 21, 2015 meeting. The agreement will include a detailed accounting of any development costs that will be the responsibility of the City. The subdivision is included in the Section 34 utility project area, and therefore the developer is being assessed for the costs of the project to bring sewer and water to the site. SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from OP4 Boulder Ponds, LLC for approval of a zoning map amendment, final plat and final PUD plan for the first phase of the Boulder Ponds planned residential development. The final plat includes 47 single-family residential lots, and the related construction plans for the improvements necessary to serve these homes. The City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on September 16, 2014, which covered approximately 58 acres of land within the I-94 Corridor planning area. There are 98 single --page 1 -- City Council Meeting [Regular Agenda Item 11] April 21,2015 family residential lots planned within the entire subdivision, and the final plat covers only a portion of the overall total of units that will eventually be platted. The Planning Commission considered this matter at its March 9, 2015 meeting and unanimously recommended approval of the requested zoning map amendment. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Ordinance 08-118, approving the Zoning Map Amendment for the Boulder Pondsplanned residential development." In addition, the Planning Commission unanimously recommended approval of the Boulder Ponds Final Plat and Final PUD Plan subject to 14 conditions of approval. The suggested motions to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-24, approving the Final Plat and Final PUD Plan for the Boulder Ponds planned residential development" BACKGROUND INFORMATION: Attached is the original detailed Staff report that was provided to the Planning Commission regarding the applicant's request for a zoning map amendment, final plat and final PUD plan. The staff report includes general information about the application, a summary of the relevant planning and zoning issues, a thorough review and analysis of the final plat (including a draft list of recommended conditions of approval), draft findings, and the Staff recommendation to the Planning Commission. It should also be noted that the applicants have submitted updated final plat and final construction documents. These plans are currently being reviewed by the City Engineer and Community Development Department. From a high-level review standpoint, it appears that many of the conditions of approval found in the Engineer's report (Attachment #9), Fire Chief s report (Attachment #10) and Landscape Consultant's report (Attachment #11) have been addressed. Staff will continue to work with the applicant to get all construction plans approved. PLANNING COMMISSION REPORT: The Planning Commission reviewed the final plat application at its March 9, 2015 meeting. At the meeting, a public hearing was held, necessitated by the zoning map amendment and final PUD plan actions. No one spoke during the public hearing, and staff did not receive and written or electronic correspondence regarding the application. With regards to the review of the Boulder Ponds Final Plat and Final PUD Plan, the Planning Commission discussed three additional conditions to add to the approval of the application. First, the Planning Commission recommended further study of planting material in the medians of Jade Trail in proximity to 5`h Street. Staff will further review these plantings to ensure that vision triangles are clear. In addition to the median plantings, the Planning Commission --page 2-- City Council Meeting [Regular Agenda Item H] April 21,2015 discussed the designs of single family homes and theming elements in the development. As recommended conditions of approval, the Planning Commission is encouraging the applicant to incorporate multi-sided architecture in the single family homes and incorporate theming elements from the DFA Theming Study into the public spaces. It should be noted that the Planning Commission intentionally used the language"encourage" as these requirements were not previously included as conditions for the Preliminary Plat approval. To respond to this discussion, the applicant has submitted the draft Architectural Guidelines document for the Boulder Ponds development. The draft architectural guidelines generally call for architectural features on all 4 sides of the home. Further detail of the Planning Commission discussion on the Boulder Ponds Final Plat can be found in the 3/9/14 minutes. In reviewing the proposed zoning map amendment, the Planning Commission unanimously recommended approval based on the following findings: 1) The City of Lake Elmo approved the Boulder Ponds Preluninary 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. In addition, the Planning Commission recommended approval of the Boulder Ponds Final Plat and Final PUD Plan with 14 conditions of approval. The vote to recommend approval of the Boulder Ponds Final Plat was unanimous (Vote: 7-0). STRENGTHS, WEAKNESSES, OPPORTUNITIES,THREATS: Strengths: The proposed final plat is consistent with the approved preliminary plat subject to the conditions being recommended by Staff and the Planning Commission. Construction of the development would include the minor collector road 5th Street, which is necessary to serve the 1-94 Corridor according to the City's Transportation Plan. Weaknesses: Several conditions of approval must be met by the applicant, including revisions to the final construction plans to address comments from the City Engineer. Opportunities: Approval of the plat application allows the development plans for the Boulder Ponds planned development to proceed as planned in the Comprehensive Plan. Moving forward with sewered single family growth should allow the City to add additional users to the City's public sanitary sewer system, helping to finance the City's investments in sanitary sewer. Threats: None --page 3-- City Council Meeting [Regular Agenda Item H] April 21,2015 RECOMMENDATION: Based on the aforementioned, the Planning Commission and Staff are recommending that the City Council approve the Boulder Ponds Zoning Map Amendment through the following motion: "Move to adopt Ordinance 08-118, approving the Zoning Map Amendment for the Boulder Pondsplanned residential development." In addition, the Planning Commission. and Staff are recommending that the City Council approve the Boulder Ponds Final Plat and Final PUD Plan subject to 14 conditions of approval through the following motion: "Move to adopt Resolution No. 2015-24, approving the Final Plat and Final PUD Plan for the Boulder Ponds planned residential development." ATTACHMENTS: 1. Ordinance 08-118 2. Resolution No. 2015-24 3. Staff Report to the Planning Commission, 3/9/15 4. Location Map 5. Application Forms and Project Narrative 6. Zoning Map Exhibit 7. Final Plat (4 sheets) 8. Final Landscape Plan 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 12. MATERIALS AVAILABLE BUT NOT ATTACHED—Available at hftp://www.lakeelmo.org/boulder-ponds a. Final Construction Plans (52 sheets) b. Turning Radius Exhibit c. Development Lot Book Letter and Example --page 4-- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-118 AN ORDINANCE AMENDING CHAPTER 154 OF THE LAKE ELMO CITY CODE OF ORDINANCES BY ADOPTIONG A REVISED OFFICIAL ZONING DISTRICT MAP RELATED TO THE BOULDER PONDS PLANNED DEVELOPMENT SECTION 1. Zoning Map Amendment. 'The following property is hereby rezoned from RT— Rural Development Transitional to LDR-PUD—Urban Low Density Residential—Planned Unit Development, MDR-PUD—Urban Medium Density Residential—Planned Unit Development, and C - Commercial as depicted on the attached "Exhibit"A": That part of the East Half of the Northwest Quarter of the Southwest Quarter and the West Half of the West Half of the Southwest Quarter in Section 34, Township 29, Range 21, Washington County, Minnesota, lying North of the North line of Minnesota Department of Transportation Right of Way Plat No. 82-43 filed March 22, 1982, as Document No. 429592. AND That part of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21,Washington County, Minnesota as described as commencing at the northwest corner of said East Half of the Southwest Quarter; thence South 00 degrees 02 minutes 55 seconds West, assumed bearing, along the west line of said East Half a distance of 7S6.99 feet to the point of beginning of the parcel to be described; thence South 16 degrees 08 minutes SS seconds East, along the centerline of the pipeline Easement described in Document No. 3172091, a distance of 437.96 feet; thence South 89 degrees 55 minutes 22 seconds West a distance of 122.17 feet to said west line of said East Half; thence North 00 degrees 02 minutes SS seconds East along said west line a distance of 420.85 feet to the point of beginning. AND That part of Lot 1, Block 1, Eagle Point Business Park 3rd Addition,Washington County, Minnesota described as beginning at the northeast corner of said Lot 1, Block 1; thence South 89 degrees 38 minutes 02 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 28.08 feet; thence South 03 degrees 47 minutes 08 seconds East a distance of 426.49 feet to the east line of said Lot 1; thence North 00 degrees 00 minutes 40 seconds West along said east line of Lot 1 a distance of 425.74 feet to the point of beginning. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-118 was adopted on this 21" day of April 2015, by a vote of_Ayes and_Nays. 1 LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 08-118 was published on the day of 12015. 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-24 A RESOLUTIONAPPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (P UD)PLAN FOR THE BOULDER PONDS PLANNED RESIDENTIAL DEVELOPMENT WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Boulder Ponds OP4, LLC, 11455 Viking Drive, Suite 350, Eden Prairie, MN has submitted an application to the City of Lake Elmo ("City") for a Final Plat and Final PUD Plan for the Boulder Ponds residential development, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS,the City approved the Boulder Ponds PUD General Concept Plan on December 17, 2013; and WHEREAS, the City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on September 16, 2014; and WHEREAS, the proposed Boulder Ponds Final Plat and Final PUD Plan includes 47 single family residential lots within a planned development on three parcels of land (PIDs: 34.029.21.33.0001, 34.029.21.32.0001 and 34.029.21.33.0002) in Stage 1 of the I-94 Corridor Planning Area; and WHEREAS, the Lake Elmo Planning Commission held public hearing on March 9, 2015 to consider the Final Plat and Preliminary PUD Plan request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat and Final PUD Plan subject to 14 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the City Council for the April 21, 2015 Council Meeting; and WHEREAS, the City Council reviewed the Boulder Ponds Final Plat and Final PUD Plan at its meeting held on April 21, 2015 and made the following findings of fact: 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. 1 Resolution 2015-24 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. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Boulder Ponds Final Plat and Final PUD Plan subject to the following conditions: 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 pen-nit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 51513-103, 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 2 Resolution 2015-24 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 1 st 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. 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 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 pen-nit 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. 12)The applicant is encouraged to incorporate multi-sided architecture and view sheds consistent with design concepts and examples shown during the Preliminary Plat presented by Rick Harrison. 13)The applicant is encouraged to incorporate elements of the Lake Elmo theming study into the open space and public areas within the subdivision. 14)The final landscape plan shall be reviewed by the City to ensure that road safety issues are properly address by the development, and specifically the site triangle requirements. Passed and duly adopted this 2 1"day of April, 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson,Mayor ATTEST: Adam Bell, City Clerk 3 Resolution 2015-24 I'I II (1 I N 1 4- PLANNING COMMISSION LADE ELMO 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 i nmediately 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 ls`phase of the Boulder Ponds planned development. The Final Plat(151 Phase of Boulder Ponds) includes 47 single family lots and various outlots planned for stormwater management or future conunercial and residential uses. PUBLIC HEARING ITEM 5A— ACTION ITEM 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 Conunereial 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 Stone Water,Erosion, and Sediment REQUEST DETAILS The City of Lake Eh-no has received a request fi-om 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 1-94 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 coinnnercial 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 5`h Street. The developer will be conducting final mass grading on the entirety of the site as part of the I"phase of development, whereas the street and utility constriction 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. PUBLIC HEARING ITEM 5A— ACTION ITEM 3 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 prelininary 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 fmal 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 souther 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—Planuied 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 fridings: 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. PUBLIC HEARING ITEM 5A—ACTION ITEM 4 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(Attaclunent#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 filial 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 Ciq,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 I.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 Pernit. 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 ]"phase of Boulder Ponds (Condition #8). PUBLIC HEARING ITEM 5A— ACTION ITEM 5 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 Counts,street nannirng system. The Fire Chief has reviewed the proposed street names and found therm 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 reconunending 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 fnndannentally 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. Connnents: 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 connplying 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 nnedians internal to the Boulder Ponds development. This requirement is specified in Condition #5. PUBLIC HEARING ITEM 5A— ACTION ITEM 6 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 5"'Street Corridor,staff would suggest that this trail be reduced in width to a tJpical 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 2"'r 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 successfulty moved the northern buffer trail to the south front the previous location as showii oti the preliniinarl,plans for Boulder Po►rds. 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 Platt 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. Continents: City staff are currently working with the applicant to draft a development agreement based on the Chtv'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 e-recuted 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 approver!. 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 oil which home elevations and floor plans will fit on each lot. Both of these factors Brake 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 I of the development be provided prior to the release of Final Plat for recording (Condition #I1). 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 PUBLIC HEARING ITEM 5A—ACTION ITEM 7 Officials not sign the final plat mylars until the City's constriction 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 Chiefs memo,detailing all of the requested modification, is found in Attachment#10. Staff is reconunending 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 stornl 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 subinitted 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 51513-103,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 1 st 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. PUBLIC HEARING ITEM 5A—ACTION ITEM s 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 zonng 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. PUBLIC HEARING ITEM 5A - ACTION ITEM 9 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 Plait with the 17 conditions of approval as drafted by Staff based on the findings of fact listed in the Stuff 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 S. Development Lot Book Letter and Example 9. City Engineer Review Memorandum, dated 3/4/15 10. Fire Clnief Review Memorandum, dated 2/23/15 11. Landscape Consultant Review Memorandum, dated 3/3/15 ORDER OF BUSINESS: - Introduction........................................................................................Planning Staff - Report by Staff...................................................................................Planting Staff - Questions from the Commission............................Chair&Commission Members - Open the Public Hearing..................................................................................Chair - Close the Public Hearing..................................................................................Chair PUBLIC HEARING ITEM 5A—ACTION ITEM 10 Discussion by the Commission..............................Chair& Commission Members - Action by the Commission.....................................Chair&Conunission Members PUBLIC HEARING ITEM 5A—ACTION ITEM 1 0 • - s �:. . F i of , milli IF- MAILI ye.I cub DA U; AEX. etmappimg. Location Map: Boulder Ponds PUD L�K F ELNIC) 0 250 500 1,000 Feet Boulder Ponds Site Data Scource: Washington County, MN 1"=500' 12-4-2013 EXCELSIOR v TLe Lzrelrior Crmu► January 30,2015 Nick Johnson City of Lake Ehun ,1800 Lavernc Ave N Lake Elmo,MN 55042 Re: Boulder Ponds Final Plat.Plan and Zoning Amendmenr Dear Mr.Johnson: ON Boulder Ponds, LLC is pleased to submit the enclosed applications for Preliminary Plat and Preliminary PUD. The following items accompany this submittal: 1. Check in the amount of$9,250 2. Applications for Final Plat, Final Plan&Zoning Amendment 3. Narrarive/Written Staternent 4. 5 Full Size and 10 reduced scrs of Final Plat and Landscape Plans 5. 10 reduced plans of Proposed"Zoning Evolution Engineering will submit the plan sets to supplement the applications as well as provide a link to an M- sire for electronic version of the plans. If you have questions related to this application,please do not hesitate to contact me at 612.353.3307 or l�eh itidee�vt,�aF:x��IsinrLl.C.cont. Thank you. Sincerely,( C�- Deb Ridgeway Asset Manager Enclosures The Excelsior Group,LLC 4. 11455 Viking Drive,Suite 350,Eden Prairie,WIN 55344 612-353-3300 o ExcelsiorLLC.com %% Info@ExcelsioeLLC corn Date Received THE care OF 651.747.3900 Received By. _ LA K F E LMO 3800 Lmtme Avenue North Perro M lake Elmo, MN 55042 LAND USE APPLICATION ❑ Comprehensive Plan © Zoning District Amend ❑ Zoning Text Amend ❑Variance'(see below)❑ Zoning Appeal ❑ Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P ❑ Interim Use Permit(I.U.P.) ❑ Excavating/Grading ❑ Lot Line Adjuslmenl ❑ Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concepl Plan ❑ PUD Preliminary Plan ® PUD Final Plan Applicant: ON Boulder Ponds.LLC(Contact: Deb Ridgeway) Address 11455 Viking M ive.Suite 350 Ellen Pr iri _h 5.5344 Phone# 612.353,3307 Email Address: Deb.Ridgeway[trExcelsiorLLC.com Fee Owner: Same as above Address: Phone# Email Address: Property Location(Address and Compete(tong)Legal Description: 912014udson BlYdN.—_ Please refer le7 attached for complete Iega,l dcs-uiption,which includes the following MIN: 34-029-11-37-C)001, 34-029-11-33-0(101 14-029-21.33-0002 Detailed Reason for Request Final PUD Plan approval and rezo-illg.fbr&P-ulder Pc l�dL slevelunlnoL. -Proposal includes 98 single family lots,3 commercial outlots and 1 multifamily reNirlenlial lol_ Mea e l-efer to► ril len statennetil for inure dVIRilL_ *Variance Requests: As outlined in Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties retated to this appacation are as follows: In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to -^Ifs eceived from the City pertaining to additional application expense Signature of applicant: _ Dale:_ //3��/5 Signature of fee owner: _Date._ i�- Date Received. ^ '1111: CITY OF Rece,ved By _ J _,K F E _MO LU File#: 551.747-3900 3800lamne Avenue Kl mh Lake Elmo, MN 55042 FINAL PLAT APPLICATION Applicant: ON Boulder Ponds. L1,C(Contact: I)eb Ridgeway) Address: 11455 Vil i►1g Drive,Suite 350.Eden Prairie, NIN 55344 Phone#. 612.353.3307 Email Address: Deb.Ridgewayt&EacelsiorLLC.com Fee Owner: Same as above Address: Phone#: Email Address: Property Location(Address and Complete(long)Legal Description: 912ofludsoll Blvd N Please refer to attached for complete legal description,which includes the folloi%ring PIDs: 34-029-21-32-0001,34-029-21-33-0001;34-029-21-33-0002 General information of proposed subdivision: Boulder Ponds is apyroximately 60 acres.which is prelimina►y plat approved for a mix of commercial and residential uses. This final plat request includes the construction of irinovements for 47 single family lots,3 commercial outlots and 1 multifamily residential lot. in signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current admiristralive procedure . I further acknowledge the fee explanation as outlined in the application procedures and hereby agr al is received from the City pertaining to additional application expense. Signature of applicant Date: �Z70 Z-/ L��Fee Owner Signature Date: 1,P115 Revised a'12a)1411:36 AM OP4 a."Ucr 1 I It: (111'% 01' LAKE ELN/10 Lake Elmo City Hall 651-747-3900 3800 Laveme Aveme Norti, Lake Elrro, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant_ ON Boulder Ponds, LLC (Please Print) Street address/legal description of subject property 9120 1ludson Blvd N Please refer to attached for ccnnnlete legal description which includes the following PIDs: 34-029-21-32-0001;34-029-21-33-0001;34-029-21-33-0002 1/30!!ti S�nature pate If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder,attach a copy of the resolution of the Board of Directors authorizing this action If a joint venture or partnership is the fee owner,attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Rama 311312D14 912 h!d ''wf' LAKE ELINIO Lake Elmo City Hall 651-747-3900 3800 Laveme Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant OP4 Boulder Ponds, LLC for Bremer Financial Services (Please Print) Street address/legal description of subject property See attached Legal Description Property to be acquired by OP4 Boulder Ponds prior to filing Final Plat Said property will be platted right-of-way for 5th Street. I ignature Date If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 311312014 9 12 AM SENTCH A00 MON0000 —of—PROPOSED PARCEL TO BE ACQUIRED - BREMER BANK —for—OP3 BOULDER PONDS, LLC I f� I NORTH .1 aUAlil.Ct1RHkiZ SCALE: 111 -- 50 __SEC 3"729.R21 "As TIRON 90NUMENT S89" $'0�"W• (ALSO ME NE CORNER Of LOT 1,&M 1. EAGLE POINT RUSWESS PARK 7R0 Aa]rr:aN-. NtY.ri11 uNE OF LO"t.BLOCK i, EAW,Pt7Jrr OL&WS5 PARK 3RD 400111ON) 2J / $ DESCRIPTION Of BREIMER BANK PARCEL TO BE ACQUIRED F That part of Lot 1, Block t, EAGLE PONT BUSINESS PARK: 3RD ADDVn0N, Washington County, Minnesota described as follows. _ Beginning at the northeast corner of said Lot 1, Block 1. as -' thence South 89 degrees 38 minutes 02 seconds West, assumed bearing, along the north line of said Lot 1 a •: _ distance of 2808 feel, thence South 03 degrees 47 2 7 minutes 0 8 seconds East a oislance of 426.49 feel to the east line of said Lot 1, thence North 00 degrees 00 ` minutes 40 seconds West along said east line of Lot I d od.sl once al 42CS 74 feet to the point of beginning _ci r Parcel Area = 5,976 sg rt r V a O d I IJ rs' E J_ � F F 4uo i hereby certify that this survey, plan 1 or report was prepored by me or under ---------- - 150.7 my direct supervision end that I am a duly Registered Land Suweyor under the laws of the State at Minnesota .1 JA N E D Dote 3/31/14 License No 41578 WINE 6_ Run MS. Me- Professional land Surveyors ._.prva.[9rR L776 Lake Drive NE,Suite 110 Lino Lakes,MN 55014 Trt.1650 361-e200 FRk)651)361-e701 IW.. (A I') kit LAKE El_MO Lake Elmo City Hall 651-747-3900 3800 Laveme Avenue North L aka Elmo. MN 55042 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the parly whom the City should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by City staff and consultants. I further understand that additional information, including, but not limited to,traffic analysis and expert testimony may be required for review of this application. I agree to pay to the City upon demand,expenses, determined by the City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application OP4 Boulder Ponds,I.LC Signature of applicant B : Date 1 13D�! Tiniot J. own �_F Name of applicant Its 5eninr Vice President Phone 612.353.3305 (Please Print) Name and address Q�f Contact(if other than appcanl) Deb Ridgeway OP4 Moulder Ponds,LLC -- — c/o Fhe Excelsior(..Troup, L. C. 11455 Viking Drive,Suite 350 Eden prairie,MN 55344 (612)353.3307 or Del).Ridgeway@ExcelsiorLl.C.com Revised 3113W4 911 AM Final Plat& PUD Application Narrative/Written Statements Consisting of nearly 60 acres, Boulder Ponds offers a uniquely planned [nixed-use neighborhood. The variety of land uses provides a seamless transition to the existing surrounding areas. From the south, the commercial parcels complement the existing commercial uses. Moving north, the medium density residential serves to buffer the commercial from the lower density single family homes. 5111 Street further provides the separation between the commercial and residential uses. The design concept and goals for Boulder Ponds has generally remained consistent throughout the approval process. As opposed to the more standard grid approach, the curvilinear nature of the streets is designed around the existing topography of the site, which offers premium lots with maximum open space. Further, the design works to limit double fronted lots. The oversized cul-de-sacs, meandering sidewalks and varying setbacks not only enhance site tines,but also create a quality neighborhood with aesthetically pleasing characteristics. The detached single family lots will consist of two types of housing;traditional single family homes and a detached Villa home. The single family homes are geared toward families typically with children with pricing starting around$400,000. The detached Villa product will include association maintained grounds which is largely geared toward empty nesters. Pricing for these will start around$300,000. Please refer to attached Typical Elevation and floor Plans for further details on product type. Boulder Ponds will have its own neighborhood theming evident in the signage, landscaping and site furnishings. Neighborhood signage will include monuments clad in natural stone at the main entry points as shown in the landscape plan set. Community gathering spaces will be located in key areas of Boulder Ponds including a larger centrally located gathering space along Jade Trail which will include a shelter,grill and seating. Another area will be in the southerly cul-de-sac to include a smaller scale shelter and seating. Consistent theming in all these elements creates a neighborhood with a stronger sense of identity. The homeowners associations will be responsible for the ownership and maintenance these special features. Boulder Ponds Final PlatIPUD/Zoning AmendmentApplication 1 INCLUDED ATTACHMENTS: Attachment A- Lot Tabulation, Zoning& Density Attachment B -Tree Study Plan Attachment C-Typical House Plans Boulder Ponds Final Plat/PUD/Zoning Amendment Application Z Written Statements a. Landowner's Name(s),Project Representatives and Contact Information. LANDOWNER/ OP4 Boulder Ponds, LLC DEVELOPER c/o The Excelsior Group, LLC 11455 Viking Drive,Suite 350 Eden Prairie, MN 55344 Tim Brown, Senior-Vice President 612.353.3305 'I'im.Bi-own RXcelsior-LLC.coltl Deb Ridgeway,Asset Manager 612.353.3307 Deb.Rid eway(aExe1siorLLC.com LANDOWNER* Bremer Bank (contact: Kathleen Tucci) 8555 Eagle Point Blvd PO Box 1000 Lake Elmo, MN 55042 651,434.4744 kmtucci@bremer.coni 'OP4 Boulder Ponds is under contract with Bremer to purchase 0.14 acre to be used as Sr',Street righ- of way. Closing is stated to occur prior to filing the final plat for Boulder Ponds. ENGINEER Evolution Engineering Dean Robbins 651.303.7208 Evolutione-a inceringmn@gtiiai).com SURVEYOR EG Rud Jason Rud 651.361.8200 jrud@egrud.com LANDSCAPE Westwood Professional Services ARCHITECT Cory Meyer 952.906.7437 cony meyer@westwoodps.com CONSULTING SEI1 ENGINEER Steve Sletner 952.912.2637 ssletner@sehinc.com Boulder Ponds Final Plnt/PUD/%ning Amendment Application 3 b. Property Address, Zoning, Parcel Size,PID and Legal Description MAIN PARCEL WEST TRIANGLE Bremer ADDRESS 9120 Hudson Blvd n a CURRENT RT BP ZONING PARCEL SIZE Acres 59.49 0.14 S . Ft 2,591,320.2 6,098.4 P1Ds 34-029-21-32-0001 n a 34-029-21-33-0001 34-029-21-33-0002 LEGAL DESCR That part of the East Half of the Northwest That part of Lot 1, Block 1, Eagle Point Quarter-of the Southwest Quarter and the West Business Park 3rd Addition, Washington Half of the West Half of the Southwest Quarter County,Minnesota described as beginning in Section 34, Township 29, Range 21, at the northeast corner of said Lot 1,Block Washington County,Minnesota, lying North of 1;thence South 89 degrees 38 minutes 02 the North line of Minnesota Department of seconds West,assumed bearing,along the Transportation Right of Way Plat No. 82-43 north line of said Lot 1 a distance of 28.08 filed March 22,1982,as Document No.429592. feet; thence South 03 degrees 47 minutes 08 seconds East a distance of 426.49 feet AND to the east line of said Lot 1;thence North 00 degrees 00 minutes 40 seconds West That part of the East Half of the Southwest along said east line of Lot 1 a distance of Quarter of Section 34,Township 29,Range 21, 425.74 feet to the point of beginning. Washington County,Minnesota as described as commencing at the northwest corner of said East Half of the Southwest Quarter; thence South 00 degrees 02 minutes 55 seconds West, assumed bearing, along the west line of said East Half a distance of 756.99 feet to the point of beginning of the parcel to be described; thence South 16 degrees 08 minutes 55 seconds East, along the centerline of the pipeline Easement described in Document No. 3172091, a distance of 437.96 feet; thence South 89 degrees 55 minutes 22 seconds West a distance of 122.17 feet to said west line of said East Half; thence North 00 degrees 02 minutes 55 seconds East along said west line a distance of 420.85 feet to the point of beginning. c. Final Subdivision &Lot Information Please refer to ATTACHMENT A Lot tabulation sheet for lot information. Boulder Ponds Final Plat^D/Zonrng Amendment Application 4 d. How issues have been addressed since Preliminary Plat Below are the conditions of preliminary approval per Resolution 2014-73 with responses: CONDITION RESPONSE STATUS 1 The applicant must enter into a separate grading agreement COMPLETE 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 anV Dro osed grading on the site. 2 The developer shall be required to submit an updated The greenway park lot will be parkland dedication calculation in advance of Final Plat. Upon dedicated with the second phase submission of the calculation,the applicant must work with of development along with trail the City to achieve the required parkland dedication amount improvements. It is our desire to per the City's Subdivision Ordinance.The developer-shall be work with the City on a required to pay a fee in lieu of land dedication equivalent to calculation as soon as possible, so the fair market value for the amount of land that is required that one fee per unit can be can to be dedicated for such purposes in the City's Subdivision be realized for the entire site. Ordinance less the amount of land that is accepted for park The park area to be dedicated purposes by the City.Any cash in lieu of land dedication shall (net of the powerline easement) be paid by the applicant prior to the release of the Final Plat is 77,315 square feet or 1.77 for recording. acres. 3 The developer-shall follow all the rules and regulations of the PERMIT RECEIVED Wetland Conservation Act and adhere to the conditions of approval for the South Washington Watershed District Permit. 4 The applicant will work with the Planning Staff to name all COMPLETE streets in the subdivision in a manner acceptable to the City prior to the submission of Final Plat. Modifications to the Preliminary Plat and Preliminary PUD Plans 5 The applicant will work with staff to address the comments in ON GOING 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. 6 In addition to standard easements required by the Upon final approval of sidewalk Subdivision Ordinance,additional drainage and utility layout, 10 foot easements will be easements must be provided extending 10 feet from created prior to filing the Final meandering sidewalks, as well as all of the portion of private Plat with Washington County. lots between meandering sidewalks and the public right-of- way. 7 The landscape plan shall be updated to locate all boulevard COMPLETE trees in between the public street and sidewalk to not interfere with private utilities. 8 All islands and medians internal to the Boulder Ponds OK development shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The Boulder Ponds Final Plat/PUD/Zoning AmendmentApplicotion 5 CONDITION RESPONSE STATUS 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 s ace on the Final Plat. 9 The design of the northern buffer trail shall be modified to a COMPLETE width of 8 feet as opposed to the regional trail standard of 10 feet. 10 The eastern segment of the northern buffer trail shall be COMPLETE moved to the south to the greatest extent possible with plantings to screen the trail on the north side. Plat Restrictions 11 Prior to recording the Final Plat for any portion of the area OK 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. 12 The Final PUD Plan will include a development lot book to OK. This will be complete once clarify proper building placement for use in granting building all staff comments have been permits for the development, addressed as part of the final approval process. e. Site Density Calculation Please refer to accompanying Lot Tabulation sheet for density information. There are multiple scenarios of density calculations. In summary: • The overall gross site density (for both phases of development) is calculated at 2.74 dwelling units per acre (DUA). • Net of commercial, ponding and right-of way, the total site density is calculated at 5.18 DUA. f. Phasing of Infrastructure and Other Improvements Clearing&Grubbing. In late fall 2014,the site was cleared of trees. Grading. In order to best balance the site, Boulder Ponds will be graded in its entirety including the cutting in of 5th Street and oversized ponding to accommodate 5th Street. It is anticipated that grading will be complete about May 2015. Streets& Utilities. Utility construction will begin as soon as approvals are in place and in conjunction with grading operations. The 1st Phase includes all Boulder Ponds Final Plat/PUD/Zoning AmendmentApplication 6 improvements to serve 27 Single Family lots, 20 Villa lots and stubbed services for the commercial and senior lots. 5th Street will be constructed from the eastern property boundary to approximately 300 feet west of the Jade Trail intersection as part of the 1st phase. It is anticipated that first lift of asphalt will be complete about July 2015. Site Amenities. Landscaping and monuments are anticipated to be installed by September 2015 prior to the Fall Parade of Homes. Model Homes. All the single family and Villa style lots are under contract with one builder. Model homes will be entered in the Fall Parade of Homes. Therefore,the builder will request that building permits for each product style be obtained prior to installation of streets to ensure house completion. Future Phases. The future phase of the development including the completion of 5th Street will occur dependent on sales. It is anticipated that this could be as early as 2016. g. How Concerns of Neighboring Properties Have Been Addressed The only concern raised was at the public hearing by a Stone Gate Estates neighbor. It was requested that the trail be located as far south as possible. With some grade adjustments, this has been achieved. h. How Conflicts with Nearby Land Uses and/or Disturbances to Wetlands or Natural Areas Have Been Mitigated Northerly Buffer. The future trail between Stone Gate Estates to the north softens the impact of the lot sizes between the two neighborhoods. Transition. The future senior housing (MDR) provides a transition between the commercial and residential (LDR) uses. 501 Street. 5th Street provides a separation of the residential neighborhood from the surrounding commercial uses. Supplemental Uses. The Boulder Ponds commercial area compliments the other commercial uses along Hudson Blvd. Preservation. The existing wetland is being preserved. i. Justification that Proposal will Not Place Excessive Burden on Infrastructure in the Area. Roads /Traffic. We are participating in the construction of 5th Street, a regional MSA road that runs east/west. The City of Lake Elmo has studied the area and determined the new MSA road will be sufficient to serve the new developments in Boulder Ponds Final Plat/PUD/Zoning AmendmentApplicotion 7 the area. In addition to participation with the construction of 5th Street,we are proposing the construction of a north/south road (Jade Trail) connecting Hudson Blvd to 5th Street. Future turn lanes are shown on Hudson Blvd, which are planned for installation when Hudson Blvd is expanded. Sewer. The site has gravity sewer access along Hudson Blvd that is served by the regional sewer system. This additional capacity has been accounted for in the City of Lake Elmo's Comprehensive Plan. Water Supply. Water will be served by Oakdale's water supply until such time the City of Lake Elmo can run its own trunk lines to the wider regional development area. Staff has indicated there is sufficient water to serve the development. Parks. A 3.85 acre linear parlt in the 2nd phase of development will connect to the regional system. Staff has indicated that the trail construction or other related improvement costs may be used as an offset to park dedication fees. It is understood that the City is not requiring additional parkland. Fire/ Police. The streets were designed to accommodate a ladder fire truck. Boulder Ponds is primarily residential, which tends to have less calls per capita than other property types. j. Proposed Lakeshore Access N/A k. Parks and Open Space Description The linear park located along the northerly property line will be dedicated and improved with a trail and landscaping with the 2nd phase of development. I. Development Schedule • Dec 2014 - Clearing and grubbing completed • March 2015 - Grading • April 2015 - 1st phase utility installation • July 2015 - 1st phase street&sidewalk construction (1st lift) • August 2015 - 1st Phase landscape and monument installation • Sept 2016- 2nd lift asphalt on 1st phase streets • Summer 2016- 2nd phase improvements (dependent on sales) Boulder Ponds Final Plat/PUDIZoning Amendment Application 8 ATTACHMENT A Lot Tabulation Boulder Ponds Final Plat/PUD/Zoning Amendment Application BOULDER PONDS, Lake Elmo Final PlaUPUD Lot Summary LDR Zoning PROPOSFD LOT BLK SQ FT ACRE LOT TYPE 70NING NOTES 1st Phase 12nd Phase Total OTS _ SF Lots "r1 33 60 1 ll 1 17,447 6.40' Y'IIa IOR V1116LOIS 7u IH 38 _ 2 I 1� 11.604 0.27 Villa LU _ TOTAL Un,Ls 47 5l 9A 3 _ l 12.822, __ 0.29 Villa LDn 4 1 10,190i 0.23 Villa lDR Acreago(LOR Areal 10.2 21.1 313 5 1 11,3"1 0.26 Villa LDR _ DUA(LDR area) 4.60 2.47 3.13 6 1 8,."4, 0.20 Villa LDR_ 7 _ ! 1 8,587. 0.20�_ Villa LDR 8T 1 8.I12 0_19 Villa_ LDR MDR Zoning 9 1 8.410 0.19 Villa LDR 11st Phase 12nd Phase I Total 10 1 8,400i o.19 V1114 LDR iA=Units[ 01 641 64 l l I _ 10,b3i q-?4F Y+lla LUR. 12 1_ __8,909 0.26 villa LDR Acreage(MDR Area) 0 2..2 2.42 o_i9j. _ YtTta LDR DUA(MDR Area) 0 26.44 26.44 14 1 _ _9,73_6 0.22' villa I LOR I l IQ,913• _0.25' Villa LDR - - 16 1 0.136 0.19 Villa LOR Total Site tensity Total Site Total Site 17 1 7.625 0.18 _Vu1e LDR e8,0_OOminsf _ (gross) (net*) 18 1 10.443 0.21.4 Villa LDR Total Res'I Units 162 162 19 1 9,087 0.21 Vdia LDR Area 59.04 31.29 20 1_l 8,610 0.20 Villa LOR OVAO*jall 1 ? 15,836i 0.36 Single Family _ _ LDR •Tatai sdu urz rear or ROW.Can'I and Pcidirif 2 2 9.8731 023 Single Family LD_R_ Ji 2 8.6201 0.20 Single Family LDR 4 2 _ 8.005'_ 0.18_ Sam Fam11�r � LOR - 5 2 9,105= 0_21I _ SingleFamm -_ LOR 6 2 _. 11_6,84 0.27` _LAP E2n,]y LDR _ 1 3 11896 0.27, Single Family__ LDR 2 3 8,428. 0.19 _Single Family __ LDR 1 3 3 --84338_- 0.19 _ _ Singlc Farm LDR 4 ^3 8.078 0.19 _ Single Family LDR 5 3 8,159 _0_191 Sir0-Family LDR -6 3 9`788 LDR__ 0 22__ Sk FamilY_ i 7 3 8.004 0.18 Single Farm LDR 8 3 _7.450i_ 0.17i Siryde Family I LDR c8.000 min it 9 _ 3 13,225 0.191 SingleFanrify LDR _ -��-^ to 3 8,112 0'19, Sr farm LDR 11 3 9.100 0.21 Smgk Family LDR '( 1 4 9,102 0.21 Single Family LDR 2 4 i 9,510 __0.22 _ Smgte Fpcnily 3 4 9,30_9 _ 0.21 Single F-fly LDR _.4 4 4 9.199; 0.21 I Single Fames LDR 5 4 8.932Singlo_Farnily _ LDR _ b 4 8,480� Q.14} Single Family_ LDR J _ 4 8,172 0,191 Single Family a 4 10,194 0.23 SingM amly l DR 6.225' 0.19 Si le Faml _ LDR 10 4-LA,?-sq. LDR i - - Ot1TLOTS OuNal A Com' (uturel Com'l Ourt8 74,90 Co 'I_ m � T Ouot C 2.4264•unitMultifamily I __�05,44119 (future) MDR ouuot D 111,,67 _2.55 _ og4igg G6ft_ to be deeded to City Outfol E 60.597 1.34; Pondrng_ Can'l to be deeded-to Clty Outlot f 136.4471 4.29 Can l(ruture) f ait'1 Oullol G� 44,640i 1.02 - Pondl LDR to be deeded to City - Single Family - - OuOot, - FI ??9, 95: 5.07 Ifuture) LDR Ouliot 1 63,622 i 1.46 Wetland LDR to bo deeded to City._ outlot 1 5L985 _TO.14 Common Area LDR to be dp.Wed to k0A Single,Family&frail 0utlat I K !591,295 13.57 (fuhue) I LDR L `_ Outlot I L 1T103,588,_ _2_.38I Ponding L_OR ;to be deeded to Crty Wfi HT OF WAY 1479.5271 11.01' Right of Pray - 59.04 TOTAL SITE ACREAGE ATTACHMENT B Tree Study Plan It is important to note that all trees have been cleared from the site, most of which were around the former homestead. The attached is a summary of the significant trees surveyed in May 2014 and was used for replacement calculation purposes. 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