HomeMy WebLinkAbout#07 Royal Golf phase I Grading PermitSTAFF REPORT
DATE: 5/2/17
AGENDA ITEM: 7
CASE # 2017-15
TO: City Council
ITEM: Royal Golf Club at Lake Elmo Grading Permit
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
BACKGROUND: HC Royal Golf Course Development has made application for preliminary plat,
but final decision of the preliminary plat by the City Council is on hold until the Metropolitan
Council approves HC Royal Golf Course Development’s comprehensive plan amendment. Because
the preliminary plat is essentially on hold, the developer is requesting a grading permit ahead of
preliminary plat approval in order to make use of good weather and to speed up the physical
development of the project. Development grading typically occurs after preliminary plat approval
and the grading is then performed according to approved preliminary grading plans. In this case, the
preliminary plat may change by either Metropolitan Council or City Council review, therefore, the
City’s review of the plans are primarily focused on meeting the City’s grading and erosion control
and other applicable codes and standards. Grading is also subject to meeting City standards for
erosion control, Valley Branch Watershed District (VBWD) approval and an NPDES permit. The
grading will be conducted at the developer’s sole risk.
ISSUE BEFORE COUNCIL: The Council is being asked to approve a grading permit to excavate
over 400 cubic yards per acre of site area, the phase 1 grading of the Royal Golf Club at Lake Elmo
development.
PROPOSAL DETAILS/ANALYSIS: The developer proposes to excavate over 400 cubic yards per
acre of site area, triggering the need for a public hearing which was held on April 24, 2017 at the
Planning Commission. The grading area is 73 acres in size and encompasses the northeastern and
southwestern portions of the Royal Golf Club at Lake Elmo development area. Typically preliminary
grading is conducted after preliminary plat approval and in association with approved preliminary
grading plans. The developer is requesting a grading permit outside of the preliminary plat process in
order to facilitate early grading in the event the preliminary plat approval is delayed. In either case,
the grading will be conducted according to grading plans which will substantially conform to the
preliminary PUD plans that have been prepared and reviewed to date and are anticipated for approval
with some modifications. Grading is also subject to meeting City standards for erosion control, Valley
Branch Watershed District (VBWD) approval and an NPDES permit. Grading prior to plat approval
does not guarantee approval of the preliminary plat and is conducted at the developer’s own risk. In
approving this grading activity the developer will be asked to acknowledge as part of the grading
City Council meeting Agenda Item #7
5/2/2017
Page 2
agreement that grading rework will likely be required as necessary to conform to the final approved
Plat and construction plans.
Access to the site will occur at 10th Street North and 20th Street North for the grading and locations will
need to be identified on the grading plans to be reviewed and approved by the City Engineer. There
will be no trucking of materials on or off the site. There will be no utility work conducted with the
grading. Utility work will be conducted after preliminary plat approval and under a Site Work
Agreement which will establish appropriate securities for such work. As outlined in the Planning
Commission report, the developer will remove 35.4% of the phase 1 trees resulting in the need for tree
replacement associated with the phase 1 grading. An escrow for tree replacement will be required as
part of the Grading Agreement to be executed between the developer and the city
FISCAL IMPACT: There should be no fiscal impact to the City. A grading agreement will be
executed prior to any grading activities that establishes a security for required tree replacement, erosion
control and site restoration in the even the developer is unable to complete the site restoration.
OPTIONS: The City Council has the following options:
1.Approve Resolution 2017-__ approving the grading permit with 7 conditions based on
findings.
2. Amend Resolution 2017-__ and then approve it.
3.Deny the grading request, and provide findings for denial to be brought back at a future
meeting.
PUBLIC HEARING/PLANNING COMMISSION REVIEW: The Planning Commission held
a public hearing and reviewed the grading permit on 4/24/17. Three residents spoke at the public
hearing and two residents sent emails of support for the grading. The residents that spoke were
primarily concerned with:
•Hours of operation
•Protection of an adjacent drainfield
•Flood and watershed protection
•Safety on 20th Street N.
The Planning Commission recommended approval (7-0) with an amendment to one of the
conditions of approval and an additional finding for approval. Todd Williams made a statement
regarding impacts to adjacent residential properties as a result of the excavation for ponding in the
northeast corner.
RECOMMENDATION: Staff and the Planning Commission respectfully request the City Council
approve HC Golf Course Development’s request for a grading permit with the following motion:
“Motion to approve Resolution 2017-__ approving HC Royal Golf Course
Development’s grading permit to grade the phase 1 Royal Golf Club at Lake Elmo
residential development area with 7 conditions and findings for approval.”
ATTACHMENTS:
1. Application Narrative
City Council meeting Agenda Item #7
5/2/2017
Page 3
2. Royal Golf Club at Lake Elmo Grading, Development and Erosion Control Plans dated 4/7/17
3.Tree Preservation Plan
4. Planning Commission packet 4/24/17
5.Resolution 2017-045 approving phase 1 grading for RGC
THE ROYAL GOLF CLUB
Grading Permit
March 27, 2017
Background
Tartan Park, 3M’s private 27-hole golf course and recreational facility was purchased by H.C.
Golf Course Development, LLC in March of 2016. Since that time, the golf course
reconstruction and proposed clubhouse renovation have begun with an expected opening
Summer of 2017. H.C. Golf applied for a Comprehensive Plan Amendment on September 12,
2016. This application was approved, conditioned on Metropolitan Council approval, January 9,
2017. The EAW for the Royal Golf Club was approved by the City Council on January 17, 2017
and the Zoning Text Amendment for the new Golf Course Community designation was
approved on February 7th, 2017. The applicant has prepared a Shoreland PUD/Cluster
evaluation that is in the final stages of review by the City of Lake Elmo. On September 8, 2016,
H.C. Golf requested that the City undertake a Water Supply study based on the City Engineer’s
recommendation during the Concept Plan review. The study is complete, the recommended
changes to RGC’s water looping system have been made. RGC has obtained its required
Wetland Alteration Permits and received approval of the Wetland Replacement Plan. The
Planning Commission is expected to give approval the preliminary plat March 27, 2017.
Due to the need to finish a first phase of development by the end of 2017, the surrounding
cities taking their full 60 days to comment on the CPA, and with the same time of review
expected by the Met Council, it is necessary to apply for a grading permit prior to the
preliminary plat process finishing in its entirety.
Project Phasing
➢ Development Phasing
The first phase of development (installation of streets and utilities directly serving
platted lots) will be the northeast side of the site. This comprises 84 lots, both villa and
traditional single family) and the streets to serve them. The sewer to serve these lots
comes from the intersection of Lake Elmo Ave. and 10th Street so a 1.5 mile forcemain
will need to be installed across the golf course and down 10th to serve this phase. The
first phase is served by water from the intersection of 20th Street and Lake Elmo Ave.
This arrangement is unusual in that developers generally try to develop nearest the
infrastructure source to minimize front end costs. In this case, due to the County
requirement that the clubhouse be hooked up to sewer and water with 24 months of
sewer being available to the site. This requirement economically makes development of
the east side the most efficient.
➢ Utility Phasing
As mentioned above, extensive utility work is needed to serve the first phase and
clubhouse. As such, RGC will be requesting a “Site Development Agreement” to extend
certain utilities once preliminary plat approval is obtained but prior to receiving final
plat approval. There two segments of the utilities that this agreement will apply to.
One segment is the watermain along 20th Street to Phase 1. This watermain will not be
“hooked up” to anything in Phase 1; it will simply be “brought” to Phase 1.
Additionally, to facilitate restoration of the golf course so that grass can grow back in
this summer, the Site Development Agreement will allow for the construction of the
forcemain, watermain, sanitary sewer, and storm sewer within the golf course limits.
The sewer and water lines will not be energized – they are put in solely to shrink the
construction schedule and allow the course to heal over the summer. The storm sewer
will connect Pond 10 to Horseshoe Lake. This pipe (and pond) will likely be dry until the
subdivision storm sewer system is installed. The forcemain and the watermain will not
be hooked up to anything until after final plat and final utility plan approvals. Because
these are not as “elevation sensitive” like infrastructure in the subdivision, they can be
put in first and any needed adjustments can be made when they are hooked up to the
lift stations and subdivision watermains. The sanitary sewer serve line will serve the
clubhouse, fitness center and maintenance building; there is sufficient enough grade in
the sewer line serving these buildings that we are not concerned with grade. Again, this
pipe will not be energized; this is expected in 2019.
The remaining utilities (subdivision utilities to serve lots) will all be put in under the
normal process – final plat with Developers Agreement, final approval of construction
plans, securities, plat recordation.
➢ Grading Phasing
The Phase 1 grading encompasses the NE area of the site in addition to the SW corner.
Because a second phase of development will likely occur early in 2018 (in the SW corner
of the site), it is preferable to grade this portion in late 2017 in advance of utility
construction in Spring of 2018. Additionally, there is a certain amount of grad ing in this
area that will be necessary to bring sewer down to the lift station located on 10th street.
Grading Specifics
During the Phase 1 grading, approximately 73 acres will be disturbed, creating a common
excavation quantity of 224,000 cubic yards, not including subgrade corrections and trench
borrow. A large excavation will be created in the corner of 20th Street and Manning Trail to
replace the floodplain that was filled to provide for an entrance to 20th Street. There will also
be the necessary stormwater treatment and infiltration basins required by City ordinance and
VBWD rules. All disturbed areas will be restored with seeding and fiber blankets per rule and
ordinance.
There are several retaining walls shown as part of the grading plans. At this time, it is expected
that walls 5’ tall or less will be constructed of large limestone blocks and that walls in excess of
5’ will be of poured concrete with a limestone-like pattern. As more information regarding
costs are obtained, it may be decided that all walls will be made with large limestone blocks. All
walls will be maintained by the Homeowners Association.
Tree Preservation
Tree preservation plans for Phase 1 grading are included. A spreadsheet is also included
showing all the trees in Phase 1 along with the expected removal. As shown, t he tree removal
with Phase 1 is 12% therefore not triggering any replacement. Regardless, the landscaping for
the Phase 1 plat (84 lots) will contain landscaping that will be counted toward future tree
replacement when those phases occur.
Wetland Impacts
Wetland 16 on the attached plans will be excavated with this phase. This alteration has been
permitted through the required agencies; the replacement will be by way of purchasing
wetland credits.
An MnPCA permit has been applied for and acquired.
Sincerely,
Rick Packer
President
H.C. Golf Land, LLC.
STAFF REPORT
DATE: 4/24/17
AGENDA ITEM: 4B – PUBLIC HEARING
CASE # 2017-15
TO: Planning Commission
ITEM: Royal Golf Club at Lake Elmo Grading Permit
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a grading permit request from HC Golf Course
Development LLC to grade the first phase of the Royal Golf Club at Lake Elmo development. The
developer proposes to excavate over 400 cubic yards per acre of site area, triggering the need for a
public hearing, Planning Commission review and Council approval. Typically preliminary grading is
conducted after preliminary plat approval and in association with approved preliminary grading
plans. The developer is requesting a grading permit outside of the preliminary plat process in order to
facilitate early grading in the event the preliminary plat approval is delayed. In either case, the
grading will be conducted according to grading plans which will substantially conform to the
preliminary PUD plans that have been prepared and reviewed to date and are anticipated for approval
with some modifications. Grading is also subject to meeting City standards for erosion control,
Valley Branch Watershed District (VBWD) approval and an NPDES permit. Grading prior to plat
approval does not guarantee approval of the preliminary plat and is conducted at the developer’s own
risk. In approving this grading activity the developer will be asked to acknowledge as part of the
grading agreement that grading rework will likely be required as necessary to conform to the final
approved Plat and construction plans.
GENERAL INFORMATION
Applicant: HC Golf Course Development, LLC
Property Owner: HC Golf Course Development, LLC, 11074 Radisson Road NE, Blaine, MN
55449
Location: Former 3M Tartan Park, PIDs: 25-029-21-12-0001, 25-029-21-13-0001, 25-
029-21-14-0001, 25-029-21-21-0001, 25-029-21-31-0001, 25-029-21-42-
0001, 25-029-21-43-0001, 25-029-21-43-0002, and 25-029-21-44-0002
Request: Grading Permit Approval
Grading Site Area: 73 acres
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PUBLIC HEARING ITEM 4b – ACTION ITEM
Deadline for Action: Application Complete – 3/28/17
60 Day Deadline –
Extension Letter Mailed – No
120 Day Deadline –
Applicable Code: Article V Zoning Administration and Enforcement
§150.270 Storm Water, Erosion, and Sediment Control
Article III – Environmental Performance Standards
REQUEST DETAILS
HC Golf Course Development is requesting a grading permit prior to preliminary plat approval.
Because of the proposed grading exceeds 400 cu. yds. per site area, the request requires a public
hearing, Commission review and Council approval.
The developer is requesting a permit to move 224,000 cubic yards of material, not including
subgrade corrections and trench borrow, on 73 acres and to remove existing trees to begin grading
the planned phase 1 Royal Golf Club at Lake Elmo planned subdivision. The Planning Commission
reviewed and recommended approval of the preliminary plat and preliminary PUD Plans on March
28, 2017, and the preliminary plat and PUD plans will likely be reviewed by the City Council at the
May 16, 2017 City Council meeting. The comprehensive plan amendment to allow the development
to proceed was submitted to the Metropolitan Council on 3/27/17 and is presently under review. The
Metropolitan Council has 60 days to review the amendment.
PLANNING AND ZONING ISSUES
Tree Preservation Plans. An approved Tree Preservation Plan is required prior to issuance of a
grading permit. The developer prepared a Tree Preservation Plan for the phase 1 grading that also
shows tree preservation for all phases of the Royal with the preliminary plat application which has
not been approved, however, the planned removal within phase 1 grading area is below the threshold
for required tree replacement if considering the entire plat area. However, if the grading is viewed as
a stand along project and future phases and future tree replacement do not occur, then the developer
is 5.4% over the allowed 30% tree removal. Staff recommends that an escrow be established for the
5.4% of the caliper inches removed to cover tree replacement. The escrow can be released once tree
replacement occurs for future phases.
VBWD Permit. A Valley Branch Watershed District permit will be required prior to any grading
work being done. The grading permit will be conditioned on VBWD approval. The VBWD has
previously identified issues with the planned infiltration basins and other issues that the developer is
working through. At this time, the developer does not believe the issues will impact to the proposed
preliminary plat. At the time this report was written, the VBWD had not completed their review.
Shoreland. A portion of the grading is within the shorelands of Downs and Horseshoe Lakes. The
proposed grading is consistent with the Article 17 – Shoreland Management Overlay District
regulations. An EAW was prepared for the Royal Golf Club at Lake Elmo development and the
proposed grading is consistent with the environmental review and the City made a negative
declaration for an EIS.
Construction Access. Construction access was not identified on the grading plans as required. The
developer had indicated that desired construction access would be off of Manning Trail and 10th
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PUBLIC HEARING ITEM 4b – ACTION ITEM
Street. The grading plans will be required to be updated to identify construction access for the project
prior to the start of construction.
Future Utility Work. As discussed in the applicant’s narrative, there will be utility work associated
with the development project, but this work will occur subsequent to the site grading. The applicant
has proposed to install some utilities under a Site Work Agreement prior to final plat approval. If
approved by the City a Site Work Agreement will be required to provide the needed protections,
securities and escrows for the public utility improvements.
Engineering Review. The engineering review for the Phase 1 Grading and Erosion Control Plans is
ongoing as additional plan changes are being made to address VBWD permit requirements and City
engineering design standards. The Phase 1 Grading and Erosion Control Plans will need to be
approved for construction by the City Engineer prior to any grading permit being issued.
DRAFT CONDITIONS OF APPROVAL:
Staff is recommending approval of the grading permit for HC Golf Course Development to conduct
the Phase 1 grading activities on the properties with the following draft conditions:
1. That no utility work shall occur under the Grading Agreement.
2. That site access to the property be limited to 20th Street and 10th Street South and that the
locations be identified on the grading plans.
3. That tree protection fencing be completed prior to grading and that the locations be staked
and field inspected prior to installation.
4. That a tree replacement escrow be established in the Grading Agreement to cover 5.4% tree
replacement of the 16,643.68 caliper inches being removed.
5. That the Developer enter into a Grading Agreement with the City acceptable to the City
Attorney that delineates that the developer is responsible for the design, construction, and
payment of the required improvements with financial guarantees therefore.
6. That no grading commence on the site until the Phase 1 grading and erosion control plans
are approved by the City Engineer, the Grading Agreement is executed, the financial
securities are in place, and a preconstruction meeting has been conducted with City staff.
7. That a Valley Branch Watershed District Permit and MPCA NPDES Permit are obtained
and that all conditions of the permits are complied with.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed grading:
1. That the Royal Golf Club at Lake Elmo preliminary plat has not been approved by the City
Council.
2. That the proposed Phase 1 grading will be allowed under the terms and conditions of a
grading agreement approved by the City Attorney prior to preliminary or final plat approval
at the developer’s sole risk and does not provide any development entitlement.
3. That a Tree Preservation Plan was submitted with the grading plan that clearly articulates the
impacts to the woodlands on the site and addresses tree protection and replacement
responsibilities.
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PUBLIC HEARING ITEM 4b – ACTION ITEM
4. That grading will be conducted on site with no off site impacts beyond normal development
activities.
5. That the Phase 1 grading and erosion control plans have been reviewed and approved for
mass grading operations on the site with conditions complying with the City’s Storm Water,
Erosion, and Sediment Control, and Tree Preservation ordinances and design standards.
RECOMENDATION:
Staff recommends that the Planning Commission recommend approval of the grading permit with the
conditions of approval as listed in the Staff report. Suggested motion:
“Move to recommend approval of the grading permit to grade the first phase of the proposed Royal
Golf Club at Lake Elmo plat area with 7 conditions based on the findings in the staff report.”
ATTACHMENTS:
1. Application Narrative
2. Royal Golf Club at Lake Elmo Grading, Development and Erosion Control Plans dated 4/7/17
3. Tree Preservation Plan
City Council Resolution 2017—045
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-045
A RESOLUTION APPROVING THE PHASE 1 GRADING FOR THE ROYAL GOLF CLUB AT
LAKE ELMO
WHEREAS, HC Golf Course Development, LLC (“Applicant”) has submitted an application
to the City for preliminary plat and preliminary planned unit development which is under review
by the City but has not been approved; and
WHEREAS, HC Golf Course Development, LLC (“Applicant”) has subsequently submitted
an application for phase 1 grading for the preliminary plat prior to preliminary plat approval;
WHEREAS, the Lake Elmo Planning Commission held a public hearing on April 24, 2017
to consider the request for a grading permit outside of preliminary plat approval; and
WHEREAS, the Lake Elmo Planning Commission recommended approval of the grading
permit with conditions; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the proposed grading permit on May 2, 2017; and
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following:
FINDINGS
1. That the Royal Golf Club at Lake Elmo preliminary plat and preliminary plans have not been
approved by the City Council.
2. That the proposed Phase 1 grading will be allowed under the terms and conditions of a
grading agreement approved by the City Attorney prior to preliminary or final plat approval
at the developer’s sole risk and does not provide any development entitlement.
3. That a Tree Preservation Plan was submitted with the grading plan that clearly articulates the
impacts to the woodlands on the site and addresses tree protection and replacement
responsibilities.
4. That the phase 1 grading is a standalone project as it pertains to the Tree Preservation Plan.
5. That grading will be conducted on site with no off site impacts beyond normal development
activities.
6. That the phase 1 grading and erosion control plans have been reviewed and approved for
mass grading operations on the site with conditions complying with the City’s Storm Water,
Erosion, and Sediment Control, and Tree Preservation ordinances and design standards.
City Council Resolution 2017—045
NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo
City Council hereby approves the Applicants request for a grading permit with the following
conditions:
1. That no utility work shall occur under the Grading Agreement.
2. That site access to the property be limited to 20th Street and 10th Street South and that the
locations be identified on the grading plans.
3. That tree protection fencing be completed prior to grading and that the locations be staked
and field inspected prior to installation.
4. That a tree replacement escrow be established in the Grading Agreement to cover 5.4% tree
replacement of the 16,643.68 caliper inches being removed.
5. That the Developer enter into a Grading Agreement with the City acceptable to the City
Attorney that delineates that the developer is responsible for the design, construction, and
payment of the required improvements with financial guarantees therefore.
6. That no grading commence on the site until the Phase 1 grading and erosion control plans are
approved by the City Engineer, the Grading Agreement is executed, the financial securities are in
place, and a preconstruction meeting has been conducted with City staff.
7. That a Valley Branch Watershed District Permit and MPCA NPDES Permit are obtained and that
all conditions of the permits are complied with prior to any grading activity.
Passed and duly adopted this 2 day of May, 2017, by the City Council of the City of Lake Elmo,
Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________