HomeMy WebLinkAbout#16 Hidden Meadows Final Plat Extension
STAFF REPORT
DATE: 9/5/17
REGULAR
MOTION
TO: City Council
SUBMITTED BY: Emily Becker, Planning Director
AGENDA ITEM: Hidden Meadows 2nd Addition Final Plat Extension Request
REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City Council is being asked to consider a request from Mark Guenther of RM Investments,
LLC & Mpls Re, LLC of 13925 Fenway Blvd N, Hugo, MN 55038 to extend the final plat
deadline for Hidden Meadows 2nd Addition to April 30, 2018. The Final Plat was approved with
a 4-1 vote on July 5, 2017 by Resolution 2017-073. Chapter 153.08, Subd. (B)(4) requires the
final plat to be recorded within 120 days after approval or it shall be considered void unless a
request for extension is submitted by the applicant and approved by the City Council, which
would mean that the Final Plat would have to be recorded by November 2, 2017 if no extension
is granted. The applicant has indicated in the attached request letter that there were several
conditions that the Council required with this approval which will take the developer some time
to complete and for City staff to review once submitted and that there is insufficient time to
complete all these items within the allotted time frame.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a request to approve a request by RM Investments LLC
& Mpls Re, LLC for a final extension to record Hidden Meadows 2nd Addition Plat from
November 2, 2017 to April 30, 2018.
PROPOSAL DETAILS/ANALYSIS:
Past Extensions. Hidden Meadows 2nd Addition has already been granted a number of
extensions:
• Hidden Meadows 1st Addition final plat approval on 5/16/2006 by Resolution 2006-048;
• A 1-year final plat extension was approved on 01/02/2007 by Council motion;
• A 5-year final plat extension was approved on 12/11/2007 by Resolution 2007-97;
• A 6-month final plat extension was approved on January 15, 2013 by Council motion;
• A 2-year final plat extension was approved on 01/19/2016 by Council motion.
• Approval by Council for Final Plat on 07/05/2017 by Resolution 2017-073.
Final Plat Approval Conditions. As previously mentioned, there were a number of conditions
to which the Final Plat approval was granted. This was largely due to non-conformities to current
standards and ordinances that had changed since Preliminary Plat approval.
Summary of Deviations from Current City Standards and Ordinances. The following
briefly summarizes deviations the Final Plat proposed that approved:
• Open Space. These deviations were approved by a 4/5 vote by Council as required by the
Open Space Preservation Ordinance.
o 10 Acre Parcel Requirement. The Open Space Preservation (OP) Ordinance
requires that not less than 60% of the preserved open space within an Open
Space Preservation Development be not less than ten acres. The Final Plat only
had one 10 acre open space outlot.
o Conservation Easement. The OP ordinance requires that open space be protected
by a conservation easement. The Minnesota Land Trust had reviewed the open
space and may be willing to accept it based on a number of conditions. If they do
not accept it, the City will need to hold the easement, which could pose an issue,
as the City may not be adequately staffed to perform the inspections and any
necessary enforcement for such easements.
o Buffers. The OP ordinance requires 200 foot buffers from residential properties
and 100 foot buffers from other current or potential OP developments. The Final
Plat was approved with 150 foot buffers from properties to the west and south
and a 50 foot buffer from the Bergmann farm to the east (considered to be a
future potential OP development).
• Engineer Standards.
o Street Right-of-Way Design. The street layout does not match the City’s typical
right-of-way layout. The streets are 24 feet in length, which does not allow for
parking on both sides of the street.
o Cul-de-sac Length. The City standard for cul-de-sac length is 1,000 feet, and there
are cul-de-sacs that are 2,000, 4,000, and nearly 1,000 feet long.
o Street Connections to Adjacent Properties. There was no connection to the
Bergmann’s parcel proposed. This was addressed through the following
condition: “That the developer provide right-of-way for a future extension of the
northerly cul-de-sac (to be called 57th Street N) to the east property line.”
o Wetland Buffers. Wetland buffers are within residential lots, which is not allowed
by current engineering standards. This was addressed through a condition of
approval that requires that wetland buffers be placed within residential lots and
that the HOA documents prohibit mowing within the buffers.
o Stormwater Pond and Infiltration Areas. Engineering standards require that storm
ponds and infiltration areas be located in outlots owned and maintained by the
City, yet a large storm pond stretches in to Lots 8-10. This storm pond is
protected by a drainage and utility easement.
o Retaining Walls in Right-of-Way. City policy limits or discourages retaining walls
in right-of-way, yet there is a proposed retaining wall in the right-of-way because
of grading that was done after preliminary plat approval according to plan and
because of wetlands.
Result of Not Granting Extension Request. If this extension request is not granted, the
applicant or property owner will have to begin the planning process again, submitting new
preliminary and final plat applications to bring forth a new development plan meeting current
ordinances and standards.
OPTIONS:
The Council has the following options:
1. Approve the request for Final Plat Extension.
2. Deny the request for Final Plat Extension. The Council must cite findings of fact for
denial and direct Staff to prepare a Resolution outlining these findings to be adopted at a
later meeting.
RECOMMENDATION:
Staff recommends the Council either approve or deny the request for a final plat extension. If the
Council wishes to grant the request, the suggested motion is as follows:
“Move to adopt Resolution 2017-091 approving a Final Plat extension request for Hidden
Meadows 2nd Addition to April 30, 2018.”
If the Council wishes to deny the request, Staff respectfully requests the Council cite findings of
fact for denial and direct Staff to prepare a Resolution outlining these findings to be adopted at a
later meeting.
ATTACHMENTS:
1. Request for Plat Extension.
2. Hidden Meadows 2nd Addition Final Plat.
3. Resolution 2017-073
4. Resolution 2017-091
1
Resolution 2017-073
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-073
A RESOLUTION APPROVING THE HIDDEN MEADOWS 2ND ADDITION 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, on July 25th, 2005, the Lake Elmo Planning Commission reviewed and
recommended approval of an amended OP Concept Plan for Deer Glen subject to certain
conditions; and
WHEREAS, on August 16, 2005, and September 6, 2005, the Lake Elmo City Council
reviewed the recommendations of the Lake Elmo Planning Commission along with revised OP
concept plans for Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution
2005-102 which approved the amended OP Concept Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council approved an
amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect
the amended OP Concept Plan dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an
amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect
the amended OP Concept plan dated September 6, 2005; and
WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for
Hidden Meadows 1st Addition, previously referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1st Addition required future
platting of the residential portion of the approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year
extension to the deadline for the final plat submittal for the residential portion of the approved
plan, thereby extending the final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution
2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013;
and
WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month
extension to the final plat submittal deadline to August 2, 2013 with the understanding that future
2
Resolution 2017-073
extension will be considered after the dedication of a utility easement across the Church’s
property consistent with the location of a planned 16” water line; and
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd Addition Plat became void for
failure to extend the plat in a timely manner; and
WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year
extension to the final plat submittal to allow a perspective buyer time to close on the purchase of
the development property or to find an alternate buyer if the property does not sell; and
WHEREAS, on January 12, 2016, Rockpoint Church executed for recording a utility
easement across its property consistent with the location of a planned 16” water line as requested
by the City Council; and
WHEREAS, on January 19, 2016, the Lake Elmo City Council approved a two-year
extension to the final plat submittal until January 2, 2018 by Council motion; and
WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls RE, LLC,139 Fenway
Boulevard, N, Hugo, MN (applicant) submitted an application for final plat of Hidden Meadows
2nd Addition; and
WHEREAS, on June 12, 2017, the Lake Elmo Planning Commission reviewed the final
plat application and made a recommendation for approval with conditions; and
WHEREAS, on June 12, 2017, 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 July 7, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Hidden Meadows 2nd Addition Final Plat at
its meeting held on July 7, 2017 and made the following findings:
1) That the Final Plat is generally consistent with the Preliminary Plat and Plans as approved by
the City of Lake Elmo on March 27, 2006.
2) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future
Land Use Map for this area.
3) That the Final Plat complies with Open Space Preservation Overlay District regulations that
were established at the time of the preliminary plat approval except as approved by the City
Council.
4) That the Final Plat complies with all other applicable zoning requirements, including the
City’s landscaping, storm water, sediment and erosion control, landscaping and other
ordinances except as approved by the City Council.
5) That the Final Plat complies with the City’s subdivision ordinance except as approved by the
City Council.
6) That the Final Plat is consistent with the City’s engineering standards with the plan revisions
as requested by the City Engineer, except as highlighted within the City Engineer’s Report
dated June 1, 2017
3
Resolution 2017-073
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
the Hidden Meadows 2nd Addition Final Plat subject to the following conditions:
1. That Final grading, drainage, and erosion control plans, utility plans, sanitary and storm
water management plans, street and utility construction plans and agreements shall be
reviewed and approved by the City Engineer complying with the Engineer’s memorandum
dated June 1, 2017 and complying with the Planning Director’s email comments dated April
17, 2017, prior to the execution of the final plat by City Officials.
2. All easements as requested by the City Engineer or Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
3. The applicant shall also enter into a landscape license agreement and 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.
4. That the open space be protected by a conservation easement in accordance with M.S.Ch
84C.01-05, as it may be amended from time to time), to an acceptable land trust as approved
by the City; and /or conveyed to the by conservation easement to the City.
5. The developer provide verification of proper clean-up of the former dump site on the
property.
6. That the OP buffers on the west and south sides of the plat be reduced from 200 feet to 150
feet, and the buffers on the east side be reduced from 100 feet to 50 feet and that the buffer
areas be protected from the construction or placement of any structures within the buffer
areas by easements. Furthermore, the developer shall install berms with the landscape
screening consistent with the University of Minnesota Extension Service Urban Landscape
Information Series Berm Standards near the rear property line of the properties on the
western border as reasonably possible and as approved by City staff.
7. That park dedication be paid as a fee in lieu of land dedication equal to 7% of the fair market
land value consistent with City Ordinance Section 153.14 prior to recording the final plat.
8. Wetland buffer monuments shall be placed every 50 feet or where the buffer boundary
changes along wetland buffers where the buffers are within individual platted lots prior to
issuance of any building permits.
9. That no more than 17 building permits will be issued by the City until the developer obtains a
permit for expansion and constructs an expanded the community septic system with adequate
capacity for all 25 lots and the church meeting State/County/City standards and that funds for
this system be placed into escrow and the declarant of the Common Interest Community will
demonstrate a bank account statement with a capital reserve required for operation of the
wastewater system is either 1/3 the cost or an amount based on an equipment failure model
provided by the vendor operating the wastewater system, whichever is greater.
10. Prior to recording the Final Plat, the developer will submit a septic system design that has
been permitted by the MPCA with capacity for all 25 lots.
11. Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney that delineates who is responsible for
the design, construction, and payment of the required improvements, including park
dedication with financial guarantees therefore.
4
Resolution 2017-073
12. A Common Interest Agreement concerning management of the common areas of Hidden
Meadows 2nd Addition and maintenance responsibilities for the communal septic system and
establishing a homeowner’s association shall be submitted in final form to the City prior to
the issuance of any building permit within this subdivision.
13. Septic system maintenance be shared by the church and the residential HOA as part of the
HOA documents.
14. Approved Landscaping Plans complying with City Ordinance Section 154.258 shall be
required prior to recording the final plat.
15. The applicant shall provide evidence that all conditions attached the Valley Branch
Watershed District permit for the final plat and associated grading work have been met prior
to the commencement of any site work.
16. That Outlot F on the plat be divided into three Outlots with only the Outlot with street
frontage being dedicated to the City with the recording of the final plat. The other portions
shall be HOA owned and maintained.
17. That Outlot E be conveyed to the City with the recording of the final plat.
18. That any development (subdivision) signs be constructed only after approval of sign permit
by the Planning Department.
19. That the final plat and plans be submitted to MNDOT for review and approval and all
conditions be addressed prior to recording the final plat.
20. That the declarant of the Common Interest Community will demonstrate transfer of all
permits and titles for the wastewater system to the Common Interest Community
21. That the developer provide right-of-way for a future extension of the northerly cul-de-sac (to
be called 57th Street N) to the east property line.
22. That the septic system on Lot 1, Block 1, Hidden Meadows 2nd Addition be inspected for
compliance and if not in compliance the lot be connected to the community septic system or
the individual system be replaced.
23. That the developer enter into an encroachment agreement with the City assigning
responsibility for the maintenance of retaining walls in Kelvin Avenue North and 57th Street
North to the HOA.
Passed and duly adopted this 5th day of July, 2017 by the City Council of the City of Lake Elmo,
Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
5
Resolution 2017-073
Julie Johnson, City Clerk
Resolution 2017-091
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-091
A RESOLUTION APPROVING AN EXTENSION FOR HIDDEN MEADOWS 2ND ADDITION
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, RM Investments, LLC & Mpls Re, LLC of 13925 Fenway Boulevard N,
Hugo, MN, 4125 Napier Ct NE, St. Michael, MN 55376 (Applicant) has submitted an
application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates 2nd Addition, a
copy of which is on file in the City of Lake Elmo Planning Department; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved resolution
2005-102 which approved the amended OP Concept Plan of Deer Glen; and
WHEREAS, on September 20, 2005, the Lake Emo City Council approved an
amendment to the conditional use permit for Rockpoint Church, Resolution 2005-029, to reflect
the amended OP Concept Plan dated September 6, 2005; and
WHEREAS, on September 20, 2005, the Lake Elmo City Council approved an
amendment to the preliminary plat formerly approved by Council Resolution 2005-030 to reflect
the amended OP Concept plan dated September 6, 2005; and
WHEREAS, on May 16, 2006, the Lake Elmo City Council approved the final plat for
Hidden Meadows 1st Addition, previously referred to as Deer Glen; and
WHEREAS, the developers agreement for Hidden Meadows 1st Addition required future
platting of the residential portion of the approved plan; and
WHEREAS, on January 2, 2007 the Lake Elmo City Council approved a one year
extension to the deadline for the final plat submittal for the residential portion of the approved
plan, thereby extending the final plat deadline to January 2, 2008; and
WHEREAS, on December 11, 2007, the Lake Elmo City Council approved Resolution
2007-97 granting a five year extension to the final plat submittal deadline to January 2, 2013;
and
WHEREAS, on January 15, 2013, the Lake Elmo City Council approved a six month
extension to the final plat submittal deadline to August 2, 2013 with the understanding that future
extension will be considered after the dedication of a utility easement across the Church’s
property consistent with the location of a planned 16” water line; and
Resolution 2017-091
WHEREAS, on August 3, 2013, the Hidden Meadows 2nd Addition Plat became void for
failure to extend the plat in a timely manner; and
WHEREAS, on November 24, 2015, Rockpoint Church applied for a three year
extension to the final plat submittal to allow a perspective buyer time to close on the purchase of
the development property or to find an alternate buyer if the property does not sell; and
WHEREAS, on January 12, 2016, Rockpoint Church executed for recording a utility
easement across its property consistent with the location of a planned 16” water line as requested
by the City Council; and
WHEREAS, on May 17, 2017, RM Investments, LLC and Mpls RE, LLC,139 Fenway
Boulevard, N, Hugo, MN (applicant) submitted an application for final plat of Hidden Meadows
2nd Addition; and
WHEREAS, on June 12, 2017, the Lake Elmo Planning Commission reviewed the final
plat application and made a recommendation for approval with conditions; and
WHEREAS, on June 12, 2017, 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 July 7, 2017 Council Meeting; and
WHEREAS, on July 5, 2017, the Lake Elmo City Council approved a Final Plat for
Hidden Meadows 2nd Addition, subject to a number of conditions.
WHEREAS, on August 7, 2017, RM Investments, LLC and Mpls RE, LLC applied for a
Final Plat extension to April 30, 2018 for Hidden Meadows 2nd Addition in order to allow
sufficient time to meet the conditions of Final Plat approval.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the request for a Final Plat extension for Hidden Meadows 2nd Addition to April 30,
2018.
This resolution was adopted by the City Council of the City of Lake Elmo on this 5th day of
September, 2017.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk