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HomeMy WebLinkAbout#19a CC Report Village Preserve 2nd Addition 4.19.16MAYOR AND COUNCIL COMMUNICATION DATE: 4/19/16 REGULAR ITEM #: 19a RESOLUTION 2016-35 AGENDA ITEM: Village Preserve 2nd Addition Final Plat SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Emily Becker, City Planner Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - 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 PUBLIC POLICY STATEMENT N/A SUMMARY AND ACTION REQUESTED: GWSA Land Development, LLC. Is requesting the Final Plat Village Preserve 2nd Addition, the second and last phase of the Village Preserve residential development of 45 single family residential lots. The proposed project is located on the east side of Lake Elmo Ave, north of 39th Street, at the north side of the old village to the west of the Wildflower development. Staff and the Planning Commission are recommending the City Council approve the Village Preserve 2nd Addition Final Plat and the Village Preserve 2nd Addition with the following motions: “Move to approve Resolution 2016-35 granting approval of the Village Preserve 2nd Addition Final Plat with 13 conditions based on the findings of fact in the staff report” City Council Meeting [Regular Agenda Item 19a] April 19, 2016 BACKGROUND AND STAFF REPORT: GWSA made application for Final Plat of the Village Preserve 2nd Addition on March 7, 2016 and the Planning Commission held a meeting to review the Plat on April 11, 2016. The Planning Commission discussed several of the conditions, in particular, the storm ponding, soil stockpiling, landscaping and irrigation status, HOA status, and items to be completed in cooperation with the Wildflower development. The Planning Commission recommended approval with the 13 conditions in the staff report. RECOMMENDATION: Staff and the Planning Commission are recommending the City Council approve the Village Preserve 2nd Addition Final Plat and the Village Preserve 2nd Addition with the following motions: “Move to approve Resolution 2016-35 granting approval of the Village Preserve 2nd Addition Final Plat with 13 conditions based on the findings of fact in the staff report”. ATTACHMENT(S): • Village Preserve Final Plat • Resolution 2016-35 • Planning Commission packet 4/11/16 • Planning Commission Minutes 4/11/16 1 Resolution 2016-35 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-35 A RESOLUTION APPROVING A FINAL PLAT FOR THE VILLAGE PRESERVE 2ND ADDITION RESIDENTIAL SUBDIVISION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN 55441 has submitted an application to the City of Lake Elmo (“City”) for a Final Plat for the first phase of the Village Preserve residential subdivision, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the City approved the Village Preserve Preliminary Plat on July 15, 2014; and WHEREAS, the proposed Village Preserve Final Plat includes 45 single family residential lots within a planned subdivision on Outlot C, Village Preserve, PID Number: 12.029.21.33.0050 in the Village Planning Area; and WHEREAS, the Lake Elmo Planning Commission reviewed the Final Plat on April 11, 2016 and adopted a motion recommending approval of the Final Plat subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat as part of a memorandum to the City Council for the April 19, 2016 Council Meeting; and WHEREAS, the City Council reviewed the Village Preserve Final Plat at its meeting held on April 19, 2016 and made the following findings of fact: 1) That the Village Preserve 2nd Addition Final Plat is consistent with the Preliminary Plat as approved by the City of Lake Elmo on 7/15/14. 2) That the Village Preserve 2nd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Village Preserve 2nd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district. 4) That the Village Preserve 2nd Addition 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. 2 Resolution 2016-35 5) That the Village Preserve 2nd Addition Final Plat complies with the City’s subdivision ordinance. 6) That the Village Preserve 2nd Addition 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 3/28/16. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Village Preserve Final Plat subject to the following conditions: 5) Final construction plans and specifications, shall be revised and approved along with other comments complying with the City Engineer’s memorandum dated 3/28/16 prior to the release of the final plat for recording. 6) The applicant shall be responsible for 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 June 24, 2014, and that no building permits be issued in the second phase until the turnlanes are installed and Washington County’s requirements have been complied with. 7) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall comply with the permit #2015-06 from Valley Branch Watershed District. 8) 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. 9) 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. 10) All outlots to be owned by the City, all easements and all rights-of-way as requested by the City Engineer and Public Works Department shall be documented on the Final Construction Plans. 11) The developer shall provide fully executed temporary construction easements or property owner permissions in a form acceptable the city Attorney that allow for the construction and grading activities for all work off-site from the proposed Plat prior to releasing the Final Plat for recording. 12) The street Lady Slipper Circle N. shall be changed to 41st Street Circle N. on the Village Preserve 2nd Addition Plat prior to recording. 13) All public improvements outside of the Village Preserve site needed to serve the residential subdivision, including the facilities shared with Wildflower at Lake Elmo, must be completed prior to issuance of building permits in the Village Preserve 2nd Addition. 3 Resolution 2016-35 14) Prior the release of building permits, the developer shall annex the Village Preserve 2nd Addition into the Village Preserve Homeowners Association covenants. 15) That a City approved maintenance plan for commonly held CIC and City outlots and rights-of-ways to be incorporated into the CIC declarations and bylaws and Landscape and Irrigation License Agreement prior to release of the final plat for recording. 16) That a Landscape and Irrigation License Agreement be executed for the maintenance of commonly held CIC and City outlots and rights-of-ways prior release of the final plat for recording. 17) That the Final Landscape Plan for Village Preserve 2nd Addition be submitted for approval by the City, including irrigation plans for Village Preserve 1st and 2nd Additions per the requested of the City Landscape Consultant, documented in a memo dated 3/30/16. Approval shall be required prior to the release of Final Plat for recording. Passed and duly adopted this 19th day of April, 2016 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk Lake Elmo Planning Commission Minutes; 4-11-16 City of Lake Elmo Planning Commission Meeting Minutes of April 11, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Kreimer, Dunn, Larson, Griffin, Dodson, Fields, Lundquist and Williams. COMMISSIONERS ABSENT: Haggard & Larson STAFF PRESENT: Planning Director Wensman, & City Planner Becker Approve Agenda: The agenda was approved as presented. Approve Minutes: March 28, 2015 M/S/P: Williams/ move to approve the March 28, 2016 minutes as amended, Vote: 7-0, motion carried. Public Hearing – Comprehensive Plan Map Amendment Wensman started his presentation regarding the Comprehensive Plan amendment. The City is planning for the Old Village Phase 2 street and utility improvement project. 3 parcels have petitioned to join the MUSA. Within the proposed MUSA, many properties are currently guided for rural single family and rural area development which is not consistent with sewered development. The identified parcels will be reguided to Village Urban Low Density. Met Council approval is required and upon review, the Met Council has requested that the properties within the MUSA be guided for sewered development. Dunn asked how many acres are in the new area. She wants the motions broke into 2 separate motions. She wants to know what the density range is for this Village Urban Low Denisty. Wensman stated that the range is 1.5 – 2.49 per acre. Wensman stated that this might need to be continued as the Comp plan requires 3 units per acre for sewered. Kreimer stated that there can be pockets as long as the overall area meets the 3 units per acre. Wensman stated that he thinks that we will get push back from Met Council if we use this guidance. 2 Lake Elmo Planning Commission Minutes; 4-11-16 Public hearing on adding the 3 properties opened at 7:15 pm Steve Johnson, 2915 Lake Elmo Ave, asked what t he designation needed to be. Williams pointed out that the public hearing was only to add them to the MUSA. There were no written comments Public hearing closed at 7:18 pm M/S/P: Williams/Dunn, move to add findings of fact that there is a homeowner petition, that the Met Council staff is in agreement with adding these properties and that there is no significant change in project scope and cost to the City. Vote: 7-0, motion carried. M/S/P: Williams/Dodson, move to recommend approval of an amendment to the City’s Comprehensive Wastewater Facilities Plan adding 3 residentail parcels, PID #’s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021 to the Village MUSA area based on the attached findings, Vote: 7-0, motion carried. M/S/P: Williams/Dodson, move to postpone amending the Comprehensive Land Use Plan by reguiding parcels in the Village MUSA until such time as a new public hearing has been noticed, Vote: 7-0, motion carried. Dodson is concerned that the existing RS homes will get that Village Medium Density designation. Wensman stated that the rezoning should occur shortly after the sewer hook ups occur. Dunn stated that the maps are different in the packet than what was shown tonight. She would like things clarified and simplified. Public Hearing – Rezoning the Inwood Water Tower site to PF The City’s Inwood Watertower site is currently zoned Rural Residentail and essential services are guided in the Comprehensive Plan as Public/Park. The requiest is to rezone the Inwood watertower to PF – Public/Semi Public. This is a 1.44 acre parcel owned by the City. Public hearing opened at 7:34 pm No one spoke and there were no written comments. Public hearing closed at 7:35 pm 3 Lake Elmo Planning Commission Minutes; 4-11-16 M/S/P:Lundquist/Williams, move to recommend approval of the rezoning of the Inwood Watertower site PID #28.029.21.42.0003, from the RR – Rural Residential Zoning District to the PF – PF Public or Semi-Public zoning district, Vote: 7-0, motion carried. M/S/P:Williams/Dodson, proposes an amendment to include based on the findings presented in the staff report, Vote: 7-0, motion carried. Business Item – Village Preserve 2nd Addition Final Plat Wensman started his presentation regarding Village Preserve 2nd addition. This application is to Final Plat Outlot C into 45 single family homeas and a .13 acre outlot for a trail. This final plat is consistent with the preliminary plat. The Fire Chief would like the street named Lady Slipper Circle on the plat map changed to 41st Street Circle. Wensman went throught he findings of fact and 13 conditions of approval, one of which is constructing a turn lane on Lake Elmo Ave. Building permits will not be issued until the turn lane is constructed. Dodson pointed out a few technical changes. He also asked if the HOA had been established yet. Wensman stated that the documents have been drafted, but beyond that he is not sure. Craig Allen, GWSA, talked about the drainage of the development and the shared ponding with Wildflower. The irrigation and landscape plan was all done at once and should not be difficult to finish up for phase II. Dunn asked about the sidewalk and trail system and why they are different widths. Allen went through the trail system. M/S/P: Williams/Dodson, move to approve the Village Preserve 2nd addition Final Plat with the 13 conditions of approval as drafted by Staff based on the findings of fact listed in the staff report as amended, Vote: 7-0, motion carried. Business Item – Zoning Text Amendment Noise Ordinance Planner Becker explained the proposed ordinance as requested by the City Engineer. The staff would like feedback from the Planning Commission prior to the public hearing scheduled on April 25th, 2016. Dodson likes the Oakdale ordinance better than either version of the Lake Elmo ordinance. He prefers talking about how loud something is and hours vs. types of equipment allowed. He is also wondering what the penalties are for violations. Becker stated that the penalty is outlined in ordinance 10.99. 4 Lake Elmo Planning Commission Minutes; 4-11-16 Dunn is concerned about MPCA standards, but does not see those standards anywhere. Wensman stated that it was previously discussed during the Hecker wedding venue and states what the noise limits are. Williams thinks there should be a reference to those standards. Wensman stated that he does not think it is necessary as our numbers come from those standards. Dunn feels that the current ordinance protects the current residents and does not feel it should change. Kreimer does not see a need to change the noise ordinance. He lived through it in 2014 with Hammes Estates and they worked weekends and it was miserable. They could not enjoy their property that whole summer. Fields would rather have exemptions on a project by project basis rather than change the ordinance. Williams is troubled by the inclusion of Saturday. He would rather see the ordinance allow public projects to be exempted. Williams would like to suggest that in section 1A, construction activity is allowed from 7am – 7pm during the week, but nothing on Saturdays. In the last section where it talks about public projects, allow Business Item – Zoning Text Amendment – Open Space Preservation Ordinance Business Item – 2016 Planning Commission Work Plan Council Updates – April 5, 2016 Meeting 1. Savona 4th addition Developer Agreement – passed. 2. Easton Village Park Plan – passed. 3. Palmquist Commercial Wedding Venue IUP – Postponed. Staff Updates 1. Upcoming Meetings a. April 25, 2016 b. May 10, 2016 Commission Concerns Meeting adjourned at 9:50 pm Respectfully submitted, Joan Ziertman Planning Program Assistant