HomeMy WebLinkAboutPZ Minutes; 3-25-19 THE CITY OF
LAKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of March 25, 2019
Chairman Johnson called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Johnson, Cadenhead, Weeks, Hartley, Holtz, and Steil
COMMISSIONERS ABSENT: Risner
STAFF PRESENT: Planning Director Roberts
Approve Agenda:
M/S/P: Cadenhead/Hartley, move to approve the agenda as presented, Vote: 6-0,
motion carried unanimously.
Approve Minutes: March 11, 2019
M/S/P: Hartley/Weeks, move to approve the March 11, 2019 minutes as amended,
Vote: 6-0, motion carried unanimously.
Public Hearing- Easement Vacation, Final Plat and Planned Unit Development (PUD)
Plans— Legacy at North Star 2nd Addition
Roberts started his presentation regarding the Easement Vacations, Final Plat and PUD
Plans for Legacy 2nd Addition. This request will create lots for 74 single family homes on
22.8 acres. The final plat is generally consistent with the preliminary plat that was
approved. One change is that the number of lots are being reduced from 76 to 74. This
change is due to the builders requesting larger lots. There is a slight change to the
location of outlot F which is a trail connection. This change is due to engineer
comments. Roberts is waiting for verification from Washington County regarding the
amount of right of way that is required. The current plan shows 75 feet of right of way.
Roberts touched on the issue of water supply. This is a City wide problem and the City
may need to implement watering restrictions. This would include limiting or prohibiting
the use of water outside to include watering grass. It might be wise to put a condition
on this phase that home builders inform the buyers about the possible watering
restrictions.
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Roberts also mentioned that phase I has a temporary driving surfaces. The City made it
a condition of this temporary street approval that the City will not issue certificate of
occupancy for any new house on a temporary street. Certificate of Occupancy will only
be issued when the contractor installs permanent street to the satisfaction of the City.
Staff is recommending that no building permits be issued in 2nd addition until there is at
least curb and gutter and the base course of bituminous.
Hartley asked if reducing the number of lots has impact on the sewer numbers. Roberts
stated that he isn't concerned about that with all of the other development within the
City.
Hartley also asked about the architectural control guidelines. They were going to be
required to be put into the HOA documents, but the applicant has asked them to be in a
different place. Is that "different place" a recorded document that would have the
same binding standard? Hartley stated that when it is in the covenants, it is difficult to
change. Hartley wonders if another document would be that difficult to change.
Roberts stated that there was a different document recorded. Hartley stated that the
intent was to have it as a deed condition. Johnson asked what the motivation was to
have it in another document. Roberts stated that he does not know. Roberts stated
that before the plat gets released, they will need to see that document and verify that it
includes second addition.
M/S/P: Hartley/Holtz, move to amend condition #10 to state that in no event shall the
final document alter the deed restriction first intended in regards to architectural
control guidelines and be included in the HOA documents, Vote: 6-0, motion carried
unanimously.
Holtz wants to know what the motivation was to move that from the HOA documents in
the first place. Holtz feels it had to be done for some gain on their part.
Holtz asked about the water restriction and what the notice would be, what would be
stated and how the process would work. Roberts stated that staff hasn't thought about
it that far. Roberts stated that one thought he had was to put a notice in with each
building permit that is issued. Roberts stated that word should go out before the
building permit goes out. Roberts stated that maybe they don't get their building
permit until July so that it is passed the peak of the water concerns. Holtz thinks there
should be one pre-approved message from the City so that it is clear and objective and
does not change from one person to the next.
Johnson stated that it might be a concern with the landscape plan as well. The
Developer might need to alter the plan to accommodate for the watering ban.
Risner asked if this water ban would include all future developments. Roberts said that
it would include all future developments. Holtz asked if the City has ever had a large
scale watering ban other than the odd/even that has been in the code. Roberts stated
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that Administrator Handt said that the City came close to issuing the watering ban last
year, but they didn't have to. Roberts stated that there are so many variables such as
rain that it is hard to know what will happen.
Weeks stated that she doesn't know how this would work, but she thinks that Realtors
Associations should be notified and also landscaping companies.
Johnson asked if that should happen, would the City change dates of various
requirements. Roberts stated that the biggest reason to get sod in is because of erosion
and is a requirement of the building permit.
Cadenhead asked how the City typically does streets and if they are done in phases.
Roberts stated that once utilities are in, they install curb and gutter and bituminous.
That needs to sit a whole season and the final wear course goes in the next year. That
gives time for the road to settle and any problems with utilities can be fixed.
Public Hearing opened at 7:52 pm
No one spoke and there were no written comments
Public Hearing closed at 7:53 pm
M/S/P: Holtz/Cadenhead, move to amend condition #14 to include the sentence that
the notification shall be determined by the City, Vote: 6-0, motion carried unanimously.
M/S/P: Hartley/Steil, move to recommend approval of the request for the vacation of
the drainage and utility easements on Outlot E, Outlot F, and Outlot G, Legacy at North
Star as shown on the easement vacation Exhibit dated October 31, 2018, Vote: 6-0,
motion carried unanimously.
M/S/P: Holtz/Hartley, move to recommend approval of the Legacy at North Star Second
Addition Final Plat and PUD Plans with recommended findings and conditions of
approval as amended, Vote:6-0, motion carried unanimously.
Zoning Text Amendment— Minimum Lot Size Requirements for Multi — Family Housing
Roberts started his presentation regarding the Zoning Text Amendment for minimum lot
sizes for Multi-family housing.
Public Hearing opened at 7:54 pm
No one spoke and there were no written comments
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Public Hearing closed at 7:54 pm
M/S/P: Hartley/Weeks, move to recommend approval of the Zoning Text Amendment to
remove minimum lot sizes for multi-family housing from the MDR, HDR, VMX, MU-C and
MU-BP zoning districts and adding a reference to density standards from the
Comprehensive Plan, Vote: 6-0, motion carried unanimously.
Holtz asked if this issue came up because of Bentley Village and if there would be any
issues there. Roberts stated that the development has been approved so there
shouldn't be. Roberts stated that in fairness to developer, they brought issue to staff
attention and staff didn't feel it was right to tell them they couldn't move forward
because there was an issue with the code.
City Council Updates—March 19, 2019
1. Animal Inn —CUP and ZMA
2. Bentley Village— Preliminary Plat and ZMA
3. Four Corners 2nd Addition — Preliminary Plat, PUD and ZMA
Staff Updates
1. Upcoming Meetings
a. April 8, 2019
b. April 22, 2019
Meeting adjourned at 8:03 pm
Respectfully submitted,
Joan Ziertman
Building Permit Technician
Lake Elmo Planning Commission Minutes; 3-25-19