HomeMy WebLinkAbout#25 - Diedrich Property Preliminary Plat Extension 11.15.2016MAYOR AND COUNCIL COMMUNICATION
DATE: 11/15/2016
REGULAR
ITEM #: 25
AGENDA ITEM: Diedrich Property Preliminary Plat Extension
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The property known as Diedrich Property Preliminary Plat, PID #s 36.029.21.32.0002 and
36.029.21.32.0034, was granted Preliminary Plat approval by the City Council by Resolution 2015-056
on July 21, 2015. The approval was for a 46-unit single family attached (townhouse) development to be
located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of Hunters
Crossing development. The approval was subject to 16 conditions; the Resolution outlining these
conditions is attached.
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. As such,
the applicant had requested and was granted Preliminary Plat Extension by Council on December
15, 2015 to allow for more time to arrange bank financing and prepare for final plat. This
extension will expire December 1, 2016. The applicant is again requesting an extension to obtain
due diligence and financing.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to consider a request by Gerhard Rieder for a Preliminary Plat
Extension for the Diedrich Property Preliminary Plat.
PROPOSAL DETAILS/ANALYSIS:
Development Concerns. The attached resolution includes conditions that address the following
development concerns:
Need for Updated Construction Plans. As previously stated, Preliminary Plat approval was
subject to a number of conditions. One of these conditions was that 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, and these must be approved by the City Engineer. The site
plan was changed due to concerns over how the City will maintain its sewer and water infrastructure
and required right-of-way along CSAH 17 and stormwater management facilities. These plans have
City Council Meeting 11/15/2016 Regular Agenda Item #30
Page 2
not yet been updated, and while Staff has expressed a concern about the number of changes that
will likely need to be made, these changes can be addressed at the time of Final Plat application.
Zoning. The property was not rezoned to Urban Medium Density at the time of Preliminary Plat
approval. The property is still zoned Rural Development Transitional. The Preliminary Plat closely
meets the density requirements of Urban Medium Density zoning, and a Comprehensive Plan
Amendment was processed to re-guide the property to Urban Medium Density in 2013. The
applicant has applied for a Zoning Map Amendment to rezone property to Urban Medium Density
to align the zoning with the Comprehensive Plan. A public hearing regarding the rezoning is
planned for December 12, 2016, and it is anticipated that Council will consider the request on
December 20, 2016.
Outlot D of Hunters Crossing. Outlot D of Hunters Crossing was included in the approved
Preliminary Plat of the property. However, this parcel is still owned by Ryland Group,
Inc./CalAtlantic, and the Preliminary Plat application was not signed by Ryland Group,
Inc./CalAtlantic. According to meeting minutes from the Planning Commission meeting on June
22, 2015, Lennar (no longer working on the project) had planned to work with Ryland Group, Inc.
on procuring Outlot D. However, no definite plans or agreements had been made. The ownership
of this outlot will need to be transferred in order for the property to be platted as approved.
Development Impact/Benefit. Staff has expressed support for the project because of its impact on the
completion of the northern half of the segment of 5th Street to the east of Lake Elmo Avenue.
If Extension Is Not Approved. If the requested extension is not approved, the applicant will need to
submit a new preliminary plat application in order to pursue any development on the affected property.
This would be a significant added cost to the applicant along with additional Staff time and a possible
delay to a developer.
Applicable Regulations. The Staff Report for the previous extension included language from the
State Statute listed below that prohibits any amendment to a comprehensive plan or official control
that applies to or would affect the use, development density, lot size, lot layout, or dedication or
platting required or permitted by the approved application for one year following preliminary
approval unless the subdivider and the municipality agree otherwise. Because it has been more than
one year since the initial Preliminary Plat approval, this no longer applies.
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
City Council Meeting 11/15/2016 Regular Agenda Item #30
Page 3
herein for such periods of time longer than two years which it determines to be reasonable
and appropriate.
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.
OPTIONS:
The Council may:
•Approve the request for Preliminary Plat Extension.
•Deny the request for Preliminary Plat Extension.
RECOMMENDATION:
Staff recommends that the Council approve the requested Preliminary Plat Extension for a period of one
year. The applicant will need to again request an extension or file for Final Plat approval by December 1,
2017. Staff recommends that the Resolution include the following conditions to address development
concerns previously outlined in this report:
1. Fee owner of Outlot D of Hunters Crossing (Ryland Group, Inc.), must provide a letter
approving the Preliminary Plat, and negotiations must be executed between the Applicant
and owner of Outlot D of Hunters Crossing to include this outlot in the Final Plat.
2. The Council shall approve the Zoning Text Amendment to rezone the Property to Urban
Medium Density Residential.
3. The applicant shall agree to update the preliminary plat and construction plans including
landscape plans to reflect public right-of-way within the project area at the time of final
plat.
“Move to adopt Resolution No. 2016-102 approving the Diedrich Property Preliminary Plat
extension for one year, with outlined conditions.”
ATTACHMENTS:
City Council Meeting 11/15/2016 Regular Agenda Item #30
Page 4
•Resolution No. 2016-102 approving the Diedrich Property Preliminary Plat extension
for one year.
•Resolution No. 2015-088 approving the Diedrich Property Preliminary Plat extension for
one year.
•Resolution No. 2015-056 approving the Diedrich Property Preliminary Plat
•Diedrich Property Preliminary Plat
Resolution 2016-__
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-102
A RESOLUTION APPROVING EXTENSION FOR DIEDRICH PROPERTY PRELIMINARY
PLAT TO FILE FOR FINAL PLAT
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#s: 36.029.21.32.0002 and 36.029.21.0034)
referred to as Diedrich Property Preliminary Plat, a copy of which is on file in the City of Lake Elmo
Planning Department; and
WHEREAS, the Preliminary Plat includes Outlot D of Hunters Crossing and is still owned
by Ryland Group, Inc.; and
WHEREAS, on July 7, 2015, the Lake Elmo Planning Commission reviewed and
recommended approval of the 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; and
WHEREAS, on December 15, 2015, the Lake Elmo City Council adopted Resolution
2015-88 approving 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, thereby
extending the final plat application deadline to December 1, 2016; and
WHEREAS, the property was granted a Comprehensive Plan Amendment amending the
Property’s planned land use to Medium Density Residential but has not yet been granted a
Zoning Map Amendment to amend the property’s zoning to Urban Medium Density Residential;
and
WHEREAS, a condition of Preliminary Plat was that the applicant 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, and these plans have not yet been submitted; and
WHEREAS, Gerhart Reider has requested an additional 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;
Resolution 2016-__
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve a 12-month extension for the Diedrich Property Preliminary Plat, thereby extending the
final plat application deadline to December 1, 2017, with the following conditions:
1. Fee owner of Outlot D of Hunters Crossing (Ryland Group, Inc.), must provide a
letter approving the Preliminary Plat, and negotiations must be executed between
the Applicant and owner of Outlot D of Hunters Crossing to include this outlot in
the Final Plat.
2. The Council shall approve the Zoning Text Amendment to rezone the Property to
Urban Medium Density Residential.
3. The applicant shall agree to update the preliminary plat and construction plans
including landscape plans to reflect public right-of-way within the project area at
the time of final plat.
Passed and duly adopted this 15th day of November, 2016 by the City Council of the City of
Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
___________________________________
Gary Rieder, Applicant
ATTEST:
____________________________________
Julie Johnson, City Clerk
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