HomeMy WebLinkAbout#10 3880 Laverne Avenue North Zoning Map Amendment and Minor SubdivisionSTAFF REPORT
DATE: 2/7/2017
REGULAR
ITEM #: 10
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: 3880 Laverne Avenue North Zoning Map Amendment and Minor Subdivision
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City has received two requests from John J. Zignego for the property located at 3880 Laverne
Avenue North (PID# 1302921220010):
•Zoning Map Amendment to rezone the property located at 3880 Laverne Avenue North from
GB – General Business District to VMX – Village Mixed Use.
•Minor Subdivision to subdivide the parcel in to three separate parcels, creating two new lots.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to consider a Zoning Map Amendment and Minor Subdivision
request for the property located at 3880 Laverne Avenue North.
PROPOSAL DETAILS/ANALYSIS:
Minor Subdivision
Request. The minor subdivision request proposes to subdivide the 3.22 acre parcel in to three
parcels:
•One 2.06 acre parcel
•Two 0.58 acre parcels
Rezoning Required. These parcel sizes do not meet the minimum lot size requirements of the
current zoning district in which this parcel is located (GB – General Business District, which has a
minimum lot size of 1.5 acres).
Engineering Comments.
•Access Management. 39th Street access management points must be carefully coordinated in
order to ensure it functions properly.
o Recommended Combined Access Required. As a result, it is a condition of approval
that driveway access be combined for Parcel A and B.
City Council Meeting 2/7/2017 Regular Agenda Item #5
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•Need for Easements. The typical design section for 39th Street, which was designed with the
intention to match the Village Parkway, suggests the need for a 10-foot easement along North
and South sides of this street.
o This does not allow for the zero lot line design the VMX zoning district encourages.
o Therefore, it is a recommended condition of approval that an easement be required to
prevent a building being placed at a zero-lot line setback, as the VMX district allows.
•Sewer and Water. The 39th Street reconstruction extended a new sewer and water main stub
that will serve both parcels. The plans will need to reflect stub locations to avoid conflict for
stubs to serve both parcels.
•Stormwater. The site plan will need to create and obtain necessary approvals for a stormwater
management plan.
o Stormwater drainage will need to be maintained, and storm sewer connections to 39th
Street system must be at existing or reduced runoff rates.
Zoning Map Amendment
Consistency with Comprehensive Plan. The property is guided for Village Mixed Use in the
Comprehensive Plan Land Use Plan. The Comprehensive Plan allows a density of 5 to 10 units per acre in
this district.
Parkland Dedication.
•The Council sets parkland dedication fees for commercial development by Resolution.
•The current fee for commercial parkland dedication is $4,500 per acre. The proposed subdivision
is creating two new 0.58 parcels, totaling 1.16 acres.
•The City received parkland dedication when the Brookman Addition, the Plat in which this
subdivision is being proposed, in 1978. The Code requires dedication for the creation of new lots.
•The recommended parkland dedication is $5,220 ($4,500 X 1.16 acres).
Proposed Zoning - VMX - Village Mixed Use District. The purpose the VMX district is to provide an
area for compact, mixed use development made mutually compatible through a combination of careful
planning and urban design and coordinated public and private investment.
Allowed Uses.
•The Village Mixed Use District is intended to continue to allow retail, service, office, civic, and
public uses as well as residential units.
•A listing of permitted and conditional uses allowed in the Village Mixed Use zoning district is
attached to this report for reference.
•The applicant intends to use Parcel A, as shown in the attached survey, for a new office for an
insurance business. It is not yet known what Parcel A will be used for.
Lot Sizes and Setbacks. As stated above, the proposed two newly-created parcels will be 0.58 acres in
size. Below are the lot dimensions and setback requirements for the VMX District
Table 11-2: Lot Dimension and Setback Requirements, VMX District
Minimum Lot Area (sq. ft.) a
Non-Residential Use None
Single Family Detached Dwelling 5,000
Two-Family Dwelling (per unit) b 3,000
City Council Meeting 2/7/2017 Regular Agenda Item #5
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Single-Family Attached (per unit) c 2,500
Multi-Family Dwelling (per unit) 1,800
Secondary Dwelling See 154.454.C
Live-Work Unit 3,000
Congregate Housing See 155.102
Other Structures 3,500
Maximum Lot Area (acres)
Residential Structures N/A
Other Structures 5
Minimum Lot Width (feet)
Single Family Detached Dwelling 50
Two-Family Dwelling (per unit) b 30
Single-Family Attached (per unit)c 25
Multi-Family Dwelling (per building) 75
Live-Work Unit 25
Maximum Height (feet/stories) 35/3 d
Maximum Impervious Coverage
Residential Structures 75%
Other Structures No Limit
Minimum Building Setbacks (feet)
Front Yard e See 155.506
Interior Side Yard f 10
Corner Side Yard g 0
Rear Yard 10
REU Projection.
•According to a document created in 2012 entitled Alternate Village Area Future Land Use
Concept, the projected number of REC Units on the 18.73 acre section of land that is made up by
3880 Laverne Avenue, 3800 Laverne Avenue, 3825 Lake Elmo Avenue, and the parcel to the
north of the aforementioned, is 75.
•According to a Met Council Determination spreadsheet updated as of August 16, 2016, 3880
Laverne Avenue was charged for 5.23 REUs; the remaining parcels were not reflected on this
report.
•Further subdividing the subject parcel and the subsequent development and connection to sewer
would increase the number of REUs in this section of the Village, helping to meet these
projections.
FISCAL IMPACT:
The lot split will result in a cash payment for park dedication in the amount of $5,220
OPTIONS:
The Council may:
City Council Meeting 2/7/2017 Regular Agenda Item #5
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•Approve the Zoning Map Amendment and Minor Subdivision request.
•Make changes to conditions of approval and approve the Zoning Map Amendment and Minor
Subdivision request.
•Deny the Zoning Map Amendment and Minor Subdivision request.
PLANNING COMMISSION/PUBLIC HEARING:
A public hearing was held on the proposed Zoning Map Amendment, and the Minor Subdivision was
considered, on January 9, 2017 at the Planning Commission meeting. No one from the public spoke at the public
hearing or provided comments prior to the meeting. The Applicant's representative contested the parkland
dedication requirement, as a parkland dedication fee was paid to the City in 1979 was Brookfield Addition was
platted. The proposed amendment was recommended by an affirmative vote of 6-0. The Planning Commission
recommended revisions to the conditions of approval, as noted in the attached Resolution.
RECOMMENDATION:
Staff respectfully requests that the Council approve, as recommended by Staff and the Planning
Commission, the proposed Zoning Map Amendment to rezone the property located at 3880 Laverne
Avenue North from GB – General Business to VMX – Village Mixed Use:
“Move to approve Ord 08-165, approving a Zoning Map Amendment to rezone
the property located at 3880 Laverne Avenue North from GB – General
Business to VMX – Village Mixed Use.”
Staff also requests that the Council approve, as recommended by Staff and the Planning
Commission, a minor subdivision request to split the parcel at 3880 Laverne Avenue North into
three separate parcels, thereby creating two new lots of 0.58 acres each:
“Move to approve Resolution 2017-013 , approving a Minor Subdivision request for the
property located at 3880 Laverne Avenue North, thereby creating two new lots of 0.58 acres
each, subject to the 11 outlined conditions of approval.”
ATTACHMENTS:
•Ord. 08-165
•Resolution 2017-013 with PC Comments
•Resolution 2017-013 Final
•Application
•Planning Commission meeting minutes, 1/9/2017
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-165
AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE
BY AMENDING THE OFFICIAL ZONING DISTRICT MAP
OF THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains that the following shall be added to
I. Zoning Map Changes of the Table of Special Ordinances of the Municipal Code:
Section 1: Zoning Map Amendment. The following property is hereby rezoned from
GB – General Business to VMX – Village Mixed Use:
PART LOT 1 002 BEING N 350.18FT OF LOT 1 BLK 2 BROOKMAN ADD ACCORDING TO PLAT THEREOF SUBJ TO
ANY UTILITY EASE SHOWN ON SD PLAT SUBJ TO NON- EXCLUSIVE EASE FOR RD PURPOSES OVER SLY 16FT
THEREOF RESERVED TO GRANTOR ITS SUCCESSORS & ASSIGNS SUBDIVISIONNAME BROOKMAN ADD LOT 1 BLOCK
2 SUBDIVISIONCD 37100
Section 2: The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official zoning map of
the City of Lake Elmo.
Section 3: Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-165 was adopted on this 7th day of February 2017, by a vote of
___ Ayes and ___ Nays.
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2017-013
A RESOLUTION APPROVING A MINOR SUBDIVISION OF
PROPERTY LOCATED AT 3880 LAVERNE AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, John J. Zignego, 3880 Laverne Avenue North, P, Lake Elmo, MN,
(Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor
Subdivision to subdivide the property located at 3880 Laverne Avenue North in to three separate
parcels in accordance with the certificate of survey dated November 21, 2016 and signed by
Timothy J. Freeman, P.L.S., License #16989, a copy of which is on file in the City of Lake Elmo
Planning and Zoning Department; and
WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor
Subdivision at a meeting held on January 9, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Minor Subdivision as part of a memorandum to the City
Council for the February 7, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on February 7, 2017.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area requirements
of the City’s VMX – Village Mixed Use District.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and specifically
the requirements concerning exceptions to platting.
4. The City finds that it would be desirable for parking serving the two new uses created by
Parcel A and B as shown on the survey dated November 21, 2016 be shared with the
Brookfield II building if possible.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited
and information received, the City Council of the City of Lake Elmo hereby approves the Minor
Subdivision request, provided the following conditions are met:
1) The property shall be rezoned to Village Mixed Use – VMX.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4,500 per
acre for the two new 0.58 acre parcels being created ($5,220 total) prior to any formal
City authorization to split the existing parcel into three lots.
3) The applicant must submit and receive approval of a landscape plan, grading, erosion control, and
other plans outlined herein prior to the commencement of any construction activity on the parcel.
4) The applicant must obtain all other necessary City, State and governing body permits prior to the
commencement of any construction activity on the parcel including but not limited to building
permits, conditional use permits, etc.
5) Any plans for construction on the newly created parcels must comply with the Lake Elmo Design
Standards Manual and specific general site considerations and development standards for specific
uses within the Village Mixed Use District.
6) Building setback locations are subject to City approval and must allow for planned street
improvements.
7)Only one driveway access to 39th Street is permitted. Access may be combined or limited to only
Parcel A or Parcel B.
8) 8-inch watermain stub and 8-inch sanitary sewer main stub shall be shown on the plans and
approved by the City Engineer prior to commencement of construction activity to ensure that the
building placement does not conflict with the ability of the stubs to service both parcels.
9)The site plan is subject to a storm water management plan meeting State, Valley Branch
Watershed District and City rules and regulations. All applicable permits must be obtained if
needed.
10)Stormwater drainage patterns must be maintained as part of any site development.
11) Storm sewer connections to the 39th Street system must be at existing or reduced runoff rates and
volumes.
Passed and duly adopted this 7th day of February 2017 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2017-013
A RESOLUTION APPROVING A MINOR SUBDIVISION OF
PROPERTY LOCATED AT 3880 LAVERNE AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, John J. Zignego, 3880 Laverne Avenue North, P, Lake Elmo, MN,
(Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor
Subdivision to subdivide the property located at 3880 Laverne Avenue North in to three separate
parcels in accordance with the certificate of survey dated November 21, 2016 and signed by
Timothy J. Freeman, P.L.S., License #16989, a copy of which is on file in the City of Lake Elmo
Planning and Zoning Department; and
WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor
Subdivision at a meeting held on January 9, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Minor Subdivision as part of a memorandum to the City
Council for the February 7, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on February 7, 2017.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area requirements
of the City’s VMX – Village Mixed Use District.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and specifically
the requirements concerning exceptions to platting.
4. The City finds that it would be desirable for parking serving the two new uses created by
Parcel A and B as shown on the survey dated November 21, 2016 be shared with the
Brookfield II building if possible.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited
and information received, the City Council of the City of Lake Elmo hereby approves the Minor
Subdivision request, provided the following conditions are met:
1)The property shall be rezoned to Village Mixed Use – VMX.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4,500 per
acre for the two new 0.58 acre parcels being created ($5,220 total) prior to any formal
City authorization to split the existing parcel into three lots.
3)The applicant must submit and receive approval of a landscape plan, grading, erosion control, and
other plans outlined herein prior to the commencement of any construction activity on the parcel.
4)The applicant must obtain all other necessary City, State and governing body permits prior to the
commencement of any construction activity on the parcel including but not limited to building
permits, conditional use permits, etc.
5)Any plans for construction on the newly created parcels must comply with the Lake Elmo Design
Standards Manual and specific general site considerations and development standards for specific
uses within the Village Mixed Use District.
6)Building setback locations are subject to City approval and must allow for planned street
improvements.
7)A 10-foot utility easement as detailed in the City Engineer Memo dated December 8, 2016 must
be provided after approval by City Engineer.
7)Only one driveway access to 39th Street is permitted. Access may be combined or limited to only
Parcel A or Parcel B.
8)The applicant for development activity occurring on the newly-created parcels should work with
the City and Brookfield II Building to analyze parking needs of development activity and the
possibility of shared parking with Brookfield II Building.
8) 8-inch watermain stub and 8-inch sanitary sewer main stub shall be shown on the plans and
approved by the City Engineer prior to commencement of construction activity to ensure that the
building placement does not conflict with the ability of the stubs to service both parcels.
9)The site plan is subject to a storm water management plan meeting State, Valley Branch
Watershed District and City rules and regulations. All applicable permits must be obtained if
needed.
10)Stormwater drainage patterns must be maintained as part of any site development.
Commented [EB1]: The Planning Commission
recommended that this be removed as a condition and added
to Findings, as shared parking may or not serve all three uses
of the three parcels.
Commented [EB2]: The Planning Commission
recommended this be struck, as it does not comply with
VMX building front setback standards of 0-20 feet.
Commented [EB3]: The City Engineer recommended that
combined driveway access to Parcel A and B from 39th
Street be provided. The Planning Commission felt access
would be better served by Laverne Avenue and so
recommended limiting only one access to 39th Street,
combined or limited to either Parcel A or Parcel B.
Commented [EB4]: The Planning Commission
recommended that this be removed as a condition and added
to Findings, as shared parking may or not serve all three uses
of the three parcels.
11)Storm sewer connections to the 39th Street system must be at existing or reduced runoff rates and
volumes.
Passed and duly adopted this 7th day of February 2017 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
Lake Elmo Planning Commission Minutes; 1‐9‐17
City of Lake Elmo
Planning Commission Meeting
Minutes of January 9, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Griffin, Dodson, Williams, Larson, and Lundquist
COMMISSIONERS ABSENT: Haggard, Fields and Dorschner
STAFF PRESENT: Planning Director Wensman, City Planner Becker & City Administrator
Handt
Approve Agenda:
M/S/P: Dodson/Lundquist, move to approve the agenda as amended, Vote: 6‐0, motion
carried.
Election of Officers:
M/S/P: Williams/Dodson, move to elect Tom Kreimer for Chair, Vote: 6‐0, motion
carried unanimously.
M/S/P: Lundquist/Griffin, move to elect Todd Williams for Vice Chair, Vote: 6‐0, motion
carried unanimously.
M/S/P: Dodson/Griffin, move to elect Rolf Larson for Secretary, Vote: 6‐0, motion
carried unanimously.
Approve Minutes: December 12, 2016
M/S/P: Williams/Griffin, move to approve the December 12, 2016 minutes as presented,
Vote: 6‐0, motion carried unanimously.
Public Hearing – Zoning Map Amendment and Minor Subdivision– rezone the property
at 3880 Laverne Ave
Becker started her presentation regarding the Zoning Map Amendment and Minor
Subdivision. The Zoning Map amendment is requested to rezone from GB to VMX. This
land is guided for VMX in the Comprehensive Plan, which has not minimum lot size for
non‐residential. The subdivision will create three separate parcels.
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Lake Elmo Planning Commission Minutes; 1‐9‐17
This property does qualify for an exception to platting as it is not creating more than
four parcels. There is a cash contribution for park land dedication of $5,220 required.
GB requires 1.5 acres per parcel, so if this is not rezoned, those 2 lots cannot be created.
Some engineering comments are that they are recommending a combined driveway
access for Parcel A & B. There is also a need for a number of easements. There were
more engineering comments regarding sewer & water and stormwater.
The zoning map amendment is consistent with the Comprehensive plan. Staff is
recommending 13 conditions of approval.
Dodson asked if the City Engineer considered access of parcel B to Laverne Ave. Becker
stated that the City Engineer did not look at that. The condition could be changed to
state reviewed by the City Engineer.
Williams is wondering why the condition doesn’t require shared parking vs. just
encouraging it. Becker stated that there might be circumstances where that might not
work.
Tim Freeman, represents Zignego, the idea of sharing parking is something that they are
interested in. He talked about suburban type zero setbacks for the VMX district. He
thinks making a condition of approval for the building setback and combined parking,
limits things for this approval and could be dealt with when a project comes forward.
Freeman feels that the parkland dedication has already been paid for this area by the
acre. He feels replatting this property does not add any acreage, it just further
subdivides it. Instead of having that be a condition of approval, he would like to see
something like this will be reviewed a little further with the City Attorney.
Dodson asked the developer what the motivation of subdividing the lots is vs. just
adding buildings to the existing lot. Freeman stated that the new lots would most likely
have different ownership. Dodson stated that when property subdivides, Parkland
dedication is paid. Freeman stated that the fee was already paid on all of the acreage.
Wensman stated that the City Attorney has already reviewed this. There was debate
about collecting it on 2 lots or 3. The discovery of the previously paid fee, limited it just
to the 2 newly created lots. The City Attorney is the one that recommended it as a
condition of approval.
Public Hearing opened at 7:30 pm
No one spoke and there were no written comments
Public Hearing closed at 7:31 pm
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Lake Elmo Planning Commission Minutes; 1‐9‐17
Williams agrees that there is a conflict of the VMX zoning and the required utility
easement. This area needs to be looked at for if it should be a parkway or something
else. He is interested in removing number 7 as a condition of this project approval.
Wensman would recommend changing the wording of condition #8 to read if there is an
access to 39th street, that it be a shared driveway. Williams is wondering if it would be
better to say that there will be only one access permitted to 39th Street for those 2 lots.
Williams would like condition 9 to state that the City will work with the owners of
Brookfield II building to analyze parking needs with the possibility of shared parking with
Brookfield II building and submit their findings to the City within 60 days of approval.
Wensman stated that there are no building plans yet and they should be required to
submit that with the site plan review. Dodson’s concern is that the building plans will
not come at the same time.
Williams is wondering if something should be included in the findings that it would be
desirable for the existing Brookfield parking to be shared with the new development.
That way it is not a condition of approval, but makes it should desirable.
M/S/P: Dodson/Williams, move to recommend approval of the zoning Map amendment
to rezone the property located at 3880 Laverne Ave to Village Mixed Use, Vote: 6‐0,
motion carried unanimously.
M/S/P: Dodson/Lundquist, move to recommend approval of the Minor Subdivision
request for the property located at 3880 Laverne Ave, subject to the 11 outlined
conditions of approval as amended and based on the amended findings, Vote:6‐0,
motion carried unanimously.
Public Hearing – Comprehensive Plan Amendment – to create a new land use
designation called “Golf Course Community” with updated maps and figures
Wensman started his presentation regarding the Comprehensive plan amendment for
the former Tartan Park property. There would be 5 changes to the comprehensive land
use plan. 1) A new land use category called “Golf Course Community” 2) updated
density of 1.5‐2.49 3) updated planned land use map 4) “Preservation of Community
Amenities” will be added which describes the need for “Golf Course Community” land
use 5) updated map to reflect the changes to the MUSA.
The City has broad discretion when reguiding property. The Golf Course Community
specifically ties the residential development to the golf course and cannot be
redeveloped if the golf course is eliminated. The Royal Golf development will be a PUD
and if an amendment was requested to eliminate the golf course, it would be
inconsistent with the Comprehensive Plan and would be denied.