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MAYOR & COUNCIL COMMUNICATION
DATE: October 7, 2014
REGULAR
ITEM # 14
AGENDA ITEM: Hammes Estates Residential Subdivision - Final Plat (Phase 1)
SUBMITTED BY: Nick M. 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: The Planning Commission is unanimously recommending that the City Council approve a final plat request from Hammes West, LLC for the first phase of a 163 unit residential development to be located on 78 acres of land west of Keats Avenue and
within the City’s I-94 Corridor Planning Area. The final plat will include 57 single-family lots,
all of which will be accessed off of Keats Avenue (CSAH 19).
FISCAL IMPACT: TBD – the City will be asked to review a developer’s agreement concerning the final plat at its October 7, 2014 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 Hammes West, LLC for approval of a final plat for the first phase of the Hammes Estates residential development. The final plat includes 57 single-family residential lots, and the
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City Council Meeting [Regular Agenda Item 14]
October 7, 2014
related construction plans for the improvements necessary to serve these homes. The City
Council approved the Hammes Estates Preliminary Plat on July 1, 2014, which covered
approximately 78 acres of land within the I-94 Corridor planning area. There are 163 single
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 public improvements
associated with the site will be installed by The Ryland Group in conjunction with the applicant.
The Planning Commission considered this matter at its September 22, 2014 meeting and
unanimously recommended approval of the final plat subject to 16 conditions of approval.
The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates”
BACKGROUND INFORMATION:
Attached are the original detailed Staff report that was provided to the Planning Commission
regarding the applicant’s request for a final plat, which 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.
In addition to the information provided in the Staff Report, it should be noted that the applicant is
requesting to amend Condition #13 related to the Minnesota Pollution Control Agency (MPCA) approval letter of the remediation of the soil contamination event on the Hammes site. As demonstrated in the request letter in Attachment #3, the applicants are requesting that the
approval letter from the MPCA be provided prior to the issuance of building permit for affected
lots as opposed to prior to the release of the Final Plat. The reason for the request relates to the
closing of the property by The Ryland Group. If the Final Plat is delayed due to the MPCA approval process, which is estimated to take 30-60 days, the closing or purchase of a large portion of the property by the Ryland Group will also be delayed. After consulting with the Fire
Chief and MPCA on the request, staff determined that the request is reasonable and will not
create a negative or dangerous situation in the interim period while the review by MPCA is
completed. It should be noted that the applicants have submitted a Phase 1 Environmental Review for the site, as well as substantial information regarding the cleanup and disposal of the contaminated soil. The Fire Chief simply want to close the loop by requesting the applicant
enter the Voluntary Brownfield Program to ensure that the remediation work that was completed
has properly addressed the contamination. Staff recommends that condition #13 be amended per
the suggested language from the applicant (Attachment #3).
PLANNING COMMISSION REPORT:
The Planning Commission reviewed the final plat application at its September 22, 2014 meeting.
During the meeting, the Planning Commission engaged in discussions regarding the design and locations of the trails, the stormwater facilities, the phasing of the proposed subdivision, and
other pertinent topics and questions. In reviewing the final plat, the Planning Commission
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City Council Meeting [Regular Agenda Item 14]
October 7, 2014
recommended two additional conditions of approval: 1) that any trail segment designed as a
boardwalk must be able to safely accommodate bicycle traffic, and 2) that the developer must
inventory and replace trees that are removed on the City park land due to the installation of the
trail. The Planning Commission recommended that the trees be replaced at the schedule or rate required under the City’s tree preservation ordinance (§154.257). In addition to these added
conditions, the Planning Commission wanted to ensure that the MPCA approve the soil
remediation work prior to the City releasing final plat for recording. Further detail of the
Planning Commission discussion on the Hammes Estates Final Plat can be found in the 9/22/14
draft minutes.
The Planning Commission recommended approval of the final plat as submitted with 16
conditions of approval. The vote to recommend approval of the Hammes Estates 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.
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
Hammes site 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
RECOMMENDATION:
Based on the aforementioned, the Planning Commission and Staff are recommending that the City Council approve the Hammes Estates Final Plat subject to 16 conditions of approval
through the following motion:
“Move to adopt Resolution No. 2014-81, approving the final plat for Hammes Estates”
ATTACHMENTS:
1. Resolution 2014-81
2. Staff Report to the Planning Commission, 9/22/14
3. Hammes West, LLC Request to Amend Condition #13 4. Application Form 5. Preliminary Plat Response Letter (Westwood Engineering)
6. Final Plat (3 sheets)
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City Council Meeting [Regular Agenda Item 14]
October 7, 2014
7. Final Construction Plans (Sanitary Sewer, Water Main, Storm Sewer and Streets – 17
sheets)
8. Final Construction Plans (Grading, Drainage and Erosion Control – 14 sheets)
9. Final Landscape Plans (4 sheets) 10. Park Location Plan
11. City Engineer Review Memorandum, dated 9/18/14
12. Fire Chief Review Memorandum, dated 9/18/14
13. Landscape Consultant Review Memorandum, dated 8/25/14 and 9/18/14
14. Valley Branch Watershed District Permit 15. MN DNR Permit to Restore Southern Shore of Goose Lake
16. Excerpt of Park Commission Minutes from 7/21/14 Meeting.
17. Goose Lake Park Area Sketch
18. Soil Contamination Remediation Report
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CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2014-81 A RESOLUTION APPROVING A FINAL PLAT FOR HAMMES ESTATES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates, a
copy of which is on file in the City of Lake Elmo Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12,
2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 meeting; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
for the July 1, 2014 City Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and
WHEREAS, the Lake Elmo Planning Commission met on September 22, 2014 to review
the Final Plat for Hammes Estates consisting of 57 single-family residential lots; and
WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a
motion to recommend that the City Council approve the Final Plat for Hammes Estates with
conditions; and
WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City
Code, Section 153.08.
1 Resolution 2014-81
2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been
met by the Applicant.
3) That the proposed Final Plat for Hammes Estates consists of the creation of 57 single-family
residential lots.
4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as
approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014.
5) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan
and the Future Land Use Map for this area.
6) That the Hammes Estates Final Plat complies with the City’s Urban Low Density Residential zoning district.
7) That the Hammes Estates 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.
8) That the Hammes Estates Final Plat complies with the City’s subdivision ordinance.
9) That the Hammes Estates 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 September 18, 2014.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates 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 plans requested by the City Engineer in a memo dated 9/18/14 shall be incorporated
into these documents before they are approved.
2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants
it has fee interest in area included in the Hammes Estates Final Plat.
3) Prior to the execution of the Final Plat by City officials, 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.
2 Resolution 2014-81
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.
5) A Common Interest Agreement concerning management of the common areas of Hammes
Estates and establishing a homeowner’s association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure
within this subdivision. Said agreement shall comply with Minnesota Statues 515B.3-103,
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) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the
City’s parkland dedication requirements in a pro-rated amount for the Phase 1 Area or in an
amount addressing the total site.
7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. 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 Valley Branch
Watershed District permit for the Final Plat and associated grading work have been met prior
to the commencement of any final grading activity.
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 applicant shall provide evidence that Washington County has approved final
construction plans for all required work within the Keats Avenue right-of-way as described
in a letter from the County dated May 6, 2013. Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County
11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated
8/27/14.
12) The applicant must revise the Goose Lake Park Plan to provide greater separation between
the public use area and the lift station maintenance area. The applicant will be responsible for all necessary watershed district permitting requirements related to the Goose Lake Park
improvements.
13) Per the recommendation of the Fire Chief, the applicant must submit all documentation
related to the mitigation of the soil contamination to the Minnesota Pollution Control
Agency’s Voluntary Brownfield Program for review and approval prior to the release of Final Plat for recording.
14) Prior to the acceptance of the public improvements for the 1st Phase of the Hammes Estates
subdivision, all wetland buffers shall be delineated and identified via staking or signage that
is acceptable to the City.
3 Resolution 2014-81
15) Any boardwalk trail segments included in the Hammes Estates subdivision must be designed
to accommodate bicycle traffic.
16) All trees impacted by the northern buffer trail must be inventoried and replaced at the
schedule or rate specified in the City’s tree preservation ordinance (§154.257).
Passed and duly adopted this 7th day of October 2014 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Adam Bell, City Clerk
4 Resolution 2014-81
7
Ilumms Wpsr, LLC
36 Moom,rcut Blv
Sru,r,warrn, MN 55082
Septembdr 30,2014
Mr. NickJohnson
City of Lake Elmo
qi ohnson@l akeelmo. org
Re: City of Lake Etno Requirements
DearNick:
We are requesting that Condition No. 13 of the Plarning Commission recommendation be
amended to state the following:
o?er the recommendation of the Fire Chief, the applicant must submit all documentation
related to the mitigation of the soil contamination to ttre Minnesota Pollution Control
Agency's Voluntary Brownfield Program for review and approval pnor to the issuance of
building permits for lots affected by the soil contasrination, if any."
Thank you.
Sincerely,
Hem,msWnsr,LLC / t I /*#*'//*\-
Managing Member
a. Park Sign Update (Macleod)
Macleod shared that two signs were finished (Reid and Pebble) and picked up earlier that day. The rest of the
signs are anticipated to be completed by the first week of August, with Sunfish Lake Park being the next in line
for completion. An amenity panel for one of the signs was in the council chambers for the commission to view.
b. LERT Update (Weis)
Weis stated that city planner Johnson has continued to talk to Washington County and that they are working on
the west side access plan. Zuleger added that the LERT is currently on hold but the city has been talking with
the county about being incorporated into the master plan to be considered by the Met Council. Zuleger added
that Met Council Park and Open Space Chair, former Mayor Johnston, recently dropped off a copy of the
master plan, which has been serving as a guide for next steps.
Hietpas referenced the search corridor and stated that the LERT was not currently part of that plan. She
commented that regionally, there are a lot of trails going on in other areas, but hardly anything in Washington
County and she would like to see more priority placed on Lake Elmo trails at a county level. Weis commented
on other communities coming forward and that trail plan requests are becoming more prevalent in the county.
Ames asked what the next steps are. Zuleger responded that the city has been requesting that the search
corridor be included as a key corridor in the county's trail plan between Oakdale and Stillwater, connecting to a
regional park. The City is continuing to have conversations with the county about the best way to access the
Lake Elmo Park Reserve. Weis has offered to present the LERT presentation to the County to keep the ball
rolling. He emphasized that it is important to get included in the plan because it will open up a lot of funding
opportunities.
c. Hammes Park Space (Zuleger)
Zuleger stated that there was an item not on the agenda that needed to be addressed: The Hammes
subdivision park space. To recap, Zuleger shared that per previous discussion and in response to the
commission's request, the Hammes developers had placed the park in the northwest corner of the
development near Keats Avenue and Goose Lake. The proposed park space includes a fish ing pier, shelter,
grill, parking lot and is also where the lift station is located. Currently the plan does not include a play structure,
which was initially requested by the park commission as a condition of approval. The Hammes developers are
seeking input from the commission as to what type of play structure to include, and if they could receive credit
for parkland dedication if the structure was included. Zuleger continued to point out additional green/meeting
spaces within the development and the 100' buffer perimeter per the comp plan (including a trail).
Ames thought he remembered a small park internally in the neighborhood that would have a play structure. He
is not sure that a play structure near a 55 mph roadway is a good place for a play structure. Ames also
questioned where neighborhood children would play, as lot sizes looked small to consider private play sets.
Zuleger pointed out that the Lake Elmo Park Reserve was located a mile north of the development, with a
phenomenal play set. Ames stated that he didn't feel current playgrounds were within reasonable walking
distance for residents. Hietpas shared that she didn't feel that the green spaces included throughout the
development were large enough for community meeting spaces.
Zuleger pointed out the location of neighboring parks in Stonegate and Lennar neighborhoods.
The commission requested that a location central in the neighborhood be considered for play structure
placement. Zuleger said that he would forward their comments to the developers.
Meeting adjourned at 9:54 PM
Respectfully Submitted,
Alyssa Macleod, Recording Secretary