HomeMy WebLinkAbout#13 CC Report Rieder Preliminary Plat Extension 12 15 15
MAYOR & COUNCIL COMMUNICATION
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DATE: December 15, 2015 CONSENT ITEM # 13
AGENDA ITEM: Rieder Property– Preliminary Plat Extension SUBMITTED BY: Stephen Wensman, City Planner
REVIEWED BY: Clark Schroeder 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
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request by Mr. Rieder for Preliminary Plat Extension. The City Council approved Resolution 2015-056 granting preliminary plat approval on July 21, 2015. According to Lake Elmo City Ordinance 153.07 a subdivider of land must submit a final plat within 180 days after approval of
preliminary plat or the plat will be considered void. Staff is recommending approval of the
Preliminary Plat Extension.
Staff recommends approval of the request with the following motion:
“Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich)
Townhouses preliminary plat extension for one year.”
BACKGROUND AND STAFF REPORT: The City Council approved Resolution 2015-056
granting preliminary plat approval for a 46-unit singled family attached (townhouse)
development to be located on slightly over 15 acres of land immediately east of Lake Elmo
Avenue and north of the Hunters Crossing development. The applicant, Mr. Rieder is requesting the extension to allow for more time to arrange bank financing and prepare for final plat.
City Council Meeting [Regular Agenda Item 13]
December 1, 2015
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As with previous extension considerations, the City Council has the right to reconsider.
According to the City Attorney:
“The council can reconsider any action …[but the] motion to reconsider must be brought by
somebody who voted in the affirmative…. But, there is, however, the matter of what standards are
to be applied in considering a reconsideration (must not be arbitrary, must not be capricious, must
be fact-based) and the matter of whether intervening rights have accrued in the meantime (ie:
whether the applicant has taken steps or materially changed its position after the first vote).
Bottom line, absent a showing of materially changed circumstances, reconsideration can be raised,
but a vote to effectuate it is likely not recommended”.
According to MN State Statutes, the applicant must have filed the approved plat or followed
through with conditions, so even if the Council wishes to see something different happen on this
land, it cannot compel such changes within a period of two years after the original plat approval.
If the Council elects to not approve the extension, the developer can reapply for preliminary and final plat, and Council will have to approve the requests (as it would be very difficult to arrive at
findings for denial when the subdivision has already been approved under existing regulations).
For reference, the relevant statute reads as follows:
Statute 462.358
Subd. 3c. Effect of subdivision approval.
For one year following preliminary approval and for two years following final approval, unless the
subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official
control shall apply to or affect the use, development density, lot size, lot layout, or dedication or
platting required or permitted by the approved application. Thereafter, pursuant to its regulations,
the municipality may extend the period by agreement with the subdivider and subject to all
applicable performance conditions and requirements, or it may require submission of a new
application unless substantial physical activity and investment has occurred in reasonable reliance
on the approved application and the subdivider will suffer substantial financial damage as a
consequence of a requirement to submit a new application. In connection with a subdivision
involving planned and staged development, a municipality may by resolution or agreement grant
the rights referred to herein for such periods of time longer than two years which it determines to be
reasonable and appropriate.
In summary, in considering the applicants request the City Council should consider whether
there has been any intervening area-wide zoning or big land-use changes since the original
approval of the plat. To deny, the City Council would need to cite some material fact. The Council’s decision cannot be arbitrary or capricious.
If denied, the Reider’s and/or their developer could go through the approval process again
spending time and money (which would then restart their two-year protection clock). Staff’s
valuable time would be taken to again review and provide reports, and the public hearings would be held for an item that essentially has a predetermined outcome. Accordingly, it is strongly
recommended that City Council approve this item on the consent agenda and grant the requested
one-year extension to file the approved final plat.
City Council Meeting [Regular Agenda Item 13]
December 1, 2015
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MORITORIUM: This development is not affected by the City’s moratorium since it received
preliminary plat approval prior to July 22, 2015.
FISCAL IMPACT:
• 5th Street: The City will require that the applicant enter into a developer’s agreement
with the City to specify the financial responsibilities for various aspects of the
subdivision and related public improvements. It is expected that the project will include the construction of the northern half of the segment of 5th Street to the east of Lake
Elmo.
• Municipal services and property taxes: The developer is expected to pay the Water Availability Charge for the entire development at the time a final plat ($138,000 per unit)
and Sewer Accessibility Charge ($138,000) similar to other developments that are
connecting to the Municipal services. In addition, at the time of building permit issuance,
water and sewer connection charges will be collected in the amount of $2,000/unit
($92,000).When fully developed, the property taxes will produce roughly ($350,000x46).002=$32,200) in increased revenue per year.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request for approval of a Preliminary Plat Extension for a 46-unit singled family attached
(townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development.
“Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich)
Townhouses preliminary plat extension for one year.”
ATTACHMENTS:
1. Resolution No. 2015-086 approving the Rieder Preliminary extension for one year.
2. Resolution No. 2015-056 approving the preliminary plat 3. Lennar Diedrich Townhouses Preliminary Plat 4. City Council Packet 7-21-15
1 Resolution 2015-__
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2015-86 A RESOLUTION APPROVING WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Gerhart Rieder, property owner, 7401 Wyndham Way, Woodbury, MN 55125, submitted an application to the City of Lake Elmo (City) for a preliminary plat for a 46-
unit singled family attached (townhouse) development on approximately 15 acres in the RT-
Rural Development Transitional Zoning District (PID: 36.029.21.32.0002) referred to as Lennar
Diedrich Property Preliminary Plat, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on July 7, 2015, the Lake Elmo Planning Commission reviewed and
recommended approval of the Lennar Diedrich Preliminary Plat; and
WHEREAS, on July 21, 2015, the Lake Elmo City Council adopted Resolution 2015-
056 granting preliminary plat approval for a 46-unit singled family attached (townhouse) development WHEREAS, Gerhart Reider has requested a 12-month extension to the Final Plat
submittal deadline of the approved plat to allow for additional time to prepare for financing and
other planning activities;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve a 12-month extension to the Final Plat deadline for the Lennar Diedrich property
residential subdivision, thereby extending the final plat application deadline to December 1,
2016.
Passed and duly adopted this 15th day of December, 2015 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor
ATTEST:
____________________________________ Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
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DATE: July 21, 2015 REGULAR ITEM # 14
RESOLUTION 2015-056 AGENDA ITEM: Diedrich Property Townhouses (Lennar) – Preliminary Plat SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Julie Johnson, City Clerk REVIEWED BY: Planning Commission
Nick Johnson, City Planner
Jack Griffin, City Engineer
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 recommending approval of a preliminary plat for a new subdivision as requested by Lennar Corporation. The Subdivision
Ordinance requires that the City Council review and approval a preliminary plat before an
applicant may proceed with the preparation and recording of a final plat. The subdivision
request is being made by Lennar for property presently owned by Tammy Diedrich and Gerhard
Rieder within the I-94 Corridor planning area.
FISCAL IMPACT: TBD – The City will require that the applicant enter into a developer’s
agreement with the City to specify the financial responsibilities for various aspects of the
subdivision and related public improvements. The developer is expected to pay the Water
Availability Charge for the entire development at the time a final plat is approved (currently $3,000 per unit) similar to other developments that are connecting to the Lake Elmo Avenue
water main.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request for approval of a Preliminary Plat from Lennar Corporation for a 46-unit singled family
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
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attached (townhouse) development to be located on slightly over 15 acres of land immediately
east of Lake Elmo Avenue and north of the Hunters Crossing development. The proposed
development site is located within the City’s I-94 corridor planning area, and is in an area guided
for public sewer and water services. The preliminary plat has been prepared in response to the City’s Comprehensive Plan for the corridor, which guides this site for medium density urban residential development. The Staff report to the Planning Commission concerning this request is
attached to this memorandum, and includes a detailed summary of the request in addition to the
detailed Staff review and recommendation. The City Council was scheduled to review this
request at the 7/7/15 meeting, but consideration was postponed at request of the applicant. The applicant has now requested that consideration be placed back on the agenda
The Planning Commission is recommending approval of the preliminary plat with several
conditions of approval. The suggested motion to adopt the Planning Commission
recommendation is as follows: “Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval.”
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached staff report to the Planning Commission provides an overview of the request and a list of comments and recommendations from Staff. In order to address the initial set of comments from the City,
the developer prepared an updated site plan prior to the Planning Commission meeting that
reduced the overall number of units by two and that changed the originally planned private street
to a public street meeting City specifications. Although the construction plans have not yet been updated, the Planning Commission’s review focused on the updated site plan. The City will still need to review updated construction plans, and all previous review comments from the City
Engineer and County Engineer will need to be addressed by the applicant. Since the Planning
Commission meeting the developer has updated the landscape plan to provide a better overview
of how the site will look when completed.
The Planning Commission considered the preliminary plat at its June 22, 2015 meeting and
conducted a public hearing on the applicant’s request at this time. No one spoke at the public
hearing.
The Planning Commission discussed the request and specifically issues associated with the
timing of improvements to 5th Street, the updated site plan, and potential issues associated with
the new configuration of lots. The Commission also noted that the developer would need to
address an ownership issue in the extreme southwestern portion of the plat. Specifically, Ryland
Homes owns a small remnant of land that is sandwiched between 5th Street and the Lennar property. This property is shown as part of the Lennar plat, but it may be excluded from the
subdivision based on the developers’ comments at the meeting. If this is the case, four of the lots
need be adjusted in order to provide adequate rear yard setbacks. This is not a major plat
concern, but will need to be addressed as part of a final plat submission. The Commission
adopted a finding of fact to document their concerns over this issue.
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
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The Commission further discussed the status of parks in this area and the developer’s request to
pay a fee in lieu of land dedication. Commissioners adopted a motion to include a finding that
there are no City parks within ½ mile of the subdivision site. The Commission also requested
one additional condition of approval to clarify that the developer must secure a written agreement from Xcel Energy to perform the planned grading work within the existing power line
easement. The conditions of approval as amended by the Planning Commission are incorporated
into the draft resolution.
The Planning Commission adopted a motion to recommend approval of the Preliminary Plat with the findings and conditions as noted in the attached Resolution 2015-056. The motion passed
unanimously (7-0).
BACKGROUND INFORMATION (SWOT):
Strengths • The preliminary plat is consistent with the Comprehensive Plan
and specifically the Urban Medium Density Residential land use
classification.
• The project will connect to the Cottage Grove sewer interceptor via a connection to the gravity line constructed across the project
site late last year.
• The project will connect to the Lake Elmo Avenue water main
recently installed in this area.
Weaknesses • The two developers adjacent to 5th Street have not yet agreed to
build this road as a joint project.
Opportunities • The development will include 46 REC units and will pay
connection fees for sewer and water service. The developer has committed to paying the water availably charge for the entire
development ($138,000 based on the current fee schedule) with
the first phase of the final plat.
• The project will include the construction of the initial segment of 5th Street to the east of Lake Elmo (which must either be
constructed as a public project or privately by the developer).
Threats • None identified.
RECOMMENDATION: Based upon the above background information, Staff report and
Planning Commission recommendation, it is recommended that the City Council approve the
Lennar Diedrich Townhouses preliminary plat with the 16 conditions of approval as documented
in the resolution of approval by taking the following action / with the following motion:
“Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval.”
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
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ATTACHMENTS:
1. Resolution No. 2015-056
2. Planning Commission Report (6/22/15)
3. Application Forms 4. Application Narrative and Information
5. Location Map
6. Tree Inventory
7. Review Comments:
a. City Engineer b. Washington County
8. Preliminary Plat and Plans (20 sheets)
a. Revised Site Plan (Dated 6/19/15)
b. Revised Landscape Plan (Dated 6/25/15)
c. Cover Sheet d. Legend Sheet
e. Existing Conditions
f. Preliminary Plat
g. Preliminary Site Plan
h. Preliminary Utility Plan i. Preliminary Grading Plan
j. Erosion Control Plan
k. Preliminary Seeding Plan
l. Preliminary Street Profiles
m. Details n. Landscape Plan
o. Tree Preservation Plan
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2015-056
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR
THE LENNAR DIEDRICH TOWNHOUSES
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Lennar Corporation, 16305 36th Avenue North, Plymouth, MN (Applicant)
has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the
Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo
Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015
to consider the Preliminary Plat request; 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
from Community Development Director Kyle Klatt for the July 7, 2015 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 at its meeting held on July
7, 2014 and made the following findings of fact:
1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2) That the preliminary plat complies with the City’s Urban Medium Density Residential
zoning district regulations.
3) That the preliminary plat complies with all other applicable zoning requirements,
including the City’s landscaping, storm water, sediment and erosion control and other
ordinances with the plan revisions as requested by City Staff and consultants.
4) That the preliminary plat complies with the City’s subdivision ordinance.
5) That the preliminary plat is consistent with the City’s engineering standards provided the
plans are updated to address the City Engineer’s comments documented in a letter dated
June 17, 2014.
6) That there are no City parks located within ½ mile of the proposed subdivision.
7) That the updated development plans indicate that proposed structures on Lots 29-32 are
located too close to the property line and that the development plans must be updated to
move these structures to the required setbacks prior to the submission of a final plat.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the
following conditions:
1) The landscape plan and tree preservation plan shall be reviewed and approved by an
independent forester or landscape architect in advance of the approval of a final plat and
final construction plans.
2) The final landscape plan shall incorporate additional plantings where feasible adjacent to
the shared property lines with parcel at 11490 Hudson Boulevard.
3) The applicant shall be responsible for updating the final construction plans to include the
construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way
as required by Washington County and further described in the review letter received
from the County dated March 3, 2015. The required improvements shall include, but not
be limited to the construction of a northbound right turn lane and southbound center turn
lane.
4) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from the Valley Branch
Watershed District prior to the commencement of any grading or development activity on
the site.
5) 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.
6) The developer shall be required to pay a fee in lieu of park 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. A cash payment in lieu of land dedication
shall be paid by the applicant prior to the release of the final plat for recording.
7) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The
City Engineer shall review any grading plan that is submitted in advance of a final plat,
and said plan shall document extent of any proposed grading on the site.
8) All required modifications to the plans as requested by the City Engineer in a review
letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a
final plat.
9) The applicant shall update all of the landscaping and construction plans to reflect the
updated site plan that includes a public right-of-way within the project area. These
updated plan shall be subject to review and approval by the City Engineer.
10) Although the updated site plan does not incorporate a private street, any request for
flexibility from City regulations and standards must be considered and addressed as part
of the final plat submission.
11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a
minimum, the northern portion of 5th Street if a joint construction project between the
applicant and Ryland Homes does not proceed in advance of a final plat submission for
the applicant’s site.
12) The architectural covenants for the homeowner’s association shall include provisions that
discourage blank garage doors. All garage doors shall incorporate windows or decorative
trim to minimize the visual impact of the garage-forward home design.
13) 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.
14) The site plan and construction plans shall be revised to include a sidewalk along at least
one side of all streets within the subdivision.
15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee
Schedule for the entire development prior to the release of the final plat for recording,
regardless of project phasing.
16) The developer shall secure a written grading agreement from Excel Energy concerning
the proposed grading activity underneath an existing power line easement across the
property prior to submission of a final plat.
Passed and duly adopted this 21st day of July 2015 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk