HomeMy WebLinkAbout2019-043CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019-043
RESOLUTIONAPPROYING THE CONTINENTAL 483 FUND LLC —SPRINGS
APARTMENTS PRELIMINARY PLAT AND PRELIMINARY PUD PLANS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Continental 483 Fund LLC, c/o Gwyn Wheeler, Wl 34 N8675 Executive
Parkway, Menomonee Falls, Wisconsin 53051, submitted an application to the City of Lake
Ehno (City) for a Preliminary Plat and Preliminary PUD Plan for a 300 unit, attached housing
residential planned unit development on a 17.33 acre site to be known as the Springs
Apartments, a copy of which is on file in the City of Lake Elmo Planning Department; and
WHEREAS, notice was published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on May 13, 2019
to review and consider the Preliminary Plat and Preliminary PUD plans; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending to
the City Council approval of the Preliminary Plat and Preliminary PUD plans subject to
conditions of approval; and
WHEREAS, the Lake Elmo Planning Director submitted a report and recommendation
regarding the Preliminary Plat and Preliminary PUD plans as part of a memorandum to the City
Council for the Julie 18., 2019 City Council Meeting; and
WHEREAS, the City Council reviewed the Preliminary Plat and Preliminary PUD
application and plans for the Springs Apartments at its meeting held on June 18, 2019 and made
the following findings of fact:
1. That if the 2040 Lake Elmo Comprehensive Plan Update and updated Land Use Map are
approved in 2019, that the new land use designation for the site of the proposed planned
development will be MU-C {mixed use commercial); and that the Preliminary Plat and
Preliminary PUD Plan would be consistent with the intent of the 2040 Lake Elmo
Comprehensive Plan and the 2040 Land Use Map for this area.
2. That the Preliminary Plat and Preliminary PUD Plan complies with the general intent of
the Urban High Density Residential zoning district with PUD modifications.
3. That the Preliminary Plat and Preliminary PUD Plan generally complies with the City's
Subdivision regulations.
4. That the Preliminary Plat and Preliminary PUD Plan are generally consistent with the
City's engineering standards with exceptions as noted in the City Engineer's
memorandum dated May 8, 2019.
5, The Preliminary PUD Plan meets the minimum requirement for a PUD including minimum
lot area, open space and street layout.
6. The Preliminary PUD Plan meets more than one of the required PUD objectives identified
in Section 154.751 including providing: innovation in land development techniques that
may be more suitable for a given parcel than conventional approaches; provision of a more
adequate, usable, and suitably located open space, recreational amenities and other public
facilities than would otherwise be provided under conventional land development
techniques; accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional opportunities
,for senior and affordable housing; coordination of architectural styles and building forms
to achieve greater compatibility within the development and surrounding land uses; and
higher standards of site and building design than would otherwise be provided under
conventional land development technique.
7. The Preliminary PUD Plan meets the expected residential density requirements provided
by the 2040 Comprehensive Plan's Land Use Map designation (mixed -use commercial)
for this site.
8. That the preliminary PUD Plan includes several amenities that may be worthy of amenity
points to increase the overall housing density in the development. These amenities may
include: right-of-way dedication, contained parking, pedestrian improvements, a plaza
(gathering area) and the use of design elements consistent with the 2013 Lake Elmo
Branding and Theming project.
9. That the Applicant's preliminary PUD plan provides the following amenities, for which
the City hereby awards the following amenity points:
a. Theming elements from the Lake Elmo Theming Study (2 points).
b. Plaza/gathering location (5 points).
c. Contained Parking (5 points)
d. Pedestrian improvements (5 points)
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Preliminary Plat and Preliminary PUD Plans for the Springs Apartments on Hudson
Boulevard as prepared by Continental 483 Fund LLC subject to the following conditions:
1. That the Metropolitan Council give final approval of the City's 2040 Comprehensive
Plan Update and adoption of the final version of the 2040 Comprehensive Plan by the
Lake Elmo City Council. The City's final plat approval will be good for 120 days after
the Met Council's approval of the City's 2040 Comprehensive Plan update or for 120
days after the City Council's approval of the final plat, whichever comes later,
2. That the City approves a Zoning Map Amendment to rezone the site from RT (Rural
Development Transitional) to HDR (Urban High Density Residential).
3. That the applicant prepare the final plat and final PUD plans showing all of the site
perimeter property lines - including any revisions necessary for including the right-of-
way for the north -south street and all additional right-of-way needed for Hudson
Boulevard as the proposal only includes a portion of the parcel with the PID#
34.029.21.43.0003.
4. That the final plat and final PUD Plans submittal identify all requests for flexibility from
the Zoning Code.
5. That the applicant address all comments and conditions of approval in the City
Engineer's Memorandum dated May 8, 2019 with revised project plans for the future
final plat and final PUD Plans submittal.
6. That the final Plat and final PUD Plans submittal include a revised tree
preservation/replanting and revised landscape plans to address all the comments and
changes noted in the memo from the City's Landscape Architect dated May 7, 2019.
These final plans must be reviewed and approved by the City's Landscape Architect
before the applicant submits applications for final plat and final PUD approval.
7. That the final Plat and final PUD Plans submittal include updated open space and
impervious surface calculations.
8. That the final plat show a drainage and utility casement over the wetland and the wetland
buffers, including the I 00-year high water level.
9. That a bituminous trail be installed along Hudson Boulevard and along the future
north/south (Julia Avenue) road as part of this development.
10. That the applicant provide the City fees in lieu of park land dedication as required by
Section 153.14 with future final plat.
11. That if the applicant wants amenity points for theming, that they provide the City for staff
approval specific examples of proposed development fencing, landscaping, lighting and
site furnishings, including the clubhouse that will meet the standards outlined in the Lake
Elmo Branding and Theming Study.
12. That the final plat and final PUD Plans submittal include detailed architectural plans for
the exterior of the buildings (including colors and a listing of all exterior materials) for
staff review and approval.
13. That the applicant receive a permit from the Valley Branch Watershed District for the
construction of the proposed development.
14. All storm water facilities internal to the site shall be privately owned and maintained. A
storm water maintenance and easement agreement in a form acceptable to the City shall
be executed and recorded with the final plat for all 1 00-year high water level areas and to
protect all overland emergency flow paths.
15. The Preliminary Plat approval is conditioned upon the applicant meeting all City standards
and design requirements unless specifically addressed otherwise in these conditions.
16. That the PUD overlay zoning allow for the following:
d. Setbacks:
Springs Apartments at Lake Elmo Minimum Building Setbacks
Front (Hudson Blvd).
20 ft.
Interior Side
10 ft.
Comer Side (Julia
Avenue)
to ft.
Rear (north property line)
20 ft.
e. Attached Garages: That the attached garages shall not exceed 1,000 sq. ft. in area
at the ground floor level except by conditional use permit.
f Detached Garages: That the detached garages shall not exceed 3,000 sq. I in area
at the ground floor level.
17. The Final Plat shall include all necessary public right-of-way and easements for
Hudson Boulevard and for the new north/south road (Julia Avenue North).
18. The Final Plat submittal must include a complete storm water management plan and
construction plans that provide all design details for the proposed underground storage
systems including details regarding building roof drainage connections. These plans
also must incorporate storm water management for the Hudson Boulevard and Julia
Avenue Street improvements including the future east bound left turn lane along
Hudson Boulevard at Julia Avenue and must meet all VBWD requirements.
19. Before the City issues any building permits, the developer shall delineate and identify all
wetland buffersviastaking, fencing and/or signage that is acceptable to the City.
20. 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 appropriate watershed
districts before the commencement of any grading or development activity on the site.
21. That the applicant shall obtain all necessary permits including but not limited to all
applicable City permits (building, grading, sign, etc.), NPDES/SWPPP permits and
Valley Branch Watershed District approval before starting any site grading or
construction activities.
22. That the Final Plat include Valley Branch Watershed District preliminary review
comments and that the applicant provide the City evidence that all conditions attached
to a Valley Branch Watershed District permit will be met before the starting any
grading activity on the site.
23. The applicant shall provide the City with a copy of written permission for any off -site
grading work and storm sewer discharges to adjacent properties before starting any site
work, grading and as part of any final plat application.
24. That the applicant or developer address all the comments of the Fire Chief and the
Building Official with final PUD, site and building plans including the placement of
buildings and fire hydrants, street and driveway design, parking and emergency vehicle
access within the site.
25. That the applicant revise the project plans to show watermain easements and effective
maintenance areas with a minimum width of 30 feet with a minimum of 15 feet of
clearance from the pipe centerline and easement agreements are included with the final
plat application and plans.
26. That there shall be no encroachments into drainage and utility easements and corridors
other than those reviewed and approved by the City Engineer and upon execution of an
easement encroachment agreement. Prohibited encroachments include, but are not
limited to trees, landscaping, fences, retaining walls, buildings and storm water
retention, except the City will allow limited tree planting and landscaping in the
drainage and utility easement along the north property line, subject to City staff
approval.
27. That the developer prepare exhibits for City staff approval that clearly identifies the
property lines, easements, proposed locations of retaining walls, fences and accessory
buildings and the required and proposed setbacks for each building site within the
development.
28. The Applicant(s) or developer shall submit a photometric plan for the development for
staff review and approval. All lighting must meet the requirements of Sections 150.03 5-
150.038 of the City Code.
29. Before the installation or construction of any subdivision identification signs or
neighborhood markers within the development, the developer shall submit sign plans to
the City for review and obtain a sign permit from the City. The proposed monument
entrance sign submitted with the preliminary PUD plans is not approved as it exceeds
the City size limit of 32 square feet.
30. That the applicant provide the City a detailed construction and staging plan with the
construction plans and final plat for the development. These plans are to clearly
indicate the phasing of the site grading, the phasing of the construction of each public
infrastructure component (including required streets, turn lanes, trails and sidewalks)
and shall address access to that phase of the development for construction purposes and
for residents. The City may require temporary cul-de-sacs at the end of streets or
driveways.
31. Before the execution and recording of a final plat for the development, the developer or,
applicant shall enter into a Developer's Agreement with the City. The Developer's
Agreement must be approved by the City Attorney and by the City Council. Such
Developer's Agreement shall delineate who is responsible for the design, construction
and payment for the required improvements with financial guarantees therefore,
32. The applicant or developer shall enter into a separate grading agreement with the City
before starting any grading activity in advance of final plat 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.
33. That the applicant revise the site and project plans to show a five -foot -Wide concrete
sidewalk along the west side of the entrance driveway (with the necessary pedestrian
ramps) connecting the Clubhouse to the trail along Hudson Boulevard.
34. That the applicant shall submit revised preliminary plat and project plans meeting all
conditions of approval for City review and approval. The revised applicant/developer
project plans shall meet all of the above conditions before the City will accept a final
plat application for any phase of the development and before the start of any clearing or
grading activity on the site.
35. That the City's preliminary plat approval is good for one year from the date of City
Council action, unless the applicant requests and the City Council approves a time
extension.
36. That the maximum density shall not exceed 15 dwelling units per net acre unless the
City Council approves specific project amenity points that increase the allowed density
for the proposal.
Passed and duly adopted this 18th day of June, 2019 by the Lake Elmo Minnesota City Council,
Mike Pearson, Mayor
4 "acrk JUliohinson, Cit