HomeMy WebLinkAbout2019-083la F.11 V BILIJ OUT 1191121
RESOLUTION NO. 2019-083
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WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, Mathew Frisbee, representing Ayers and Associates, submitted an application
to the City of Lake Elmo (City) for a Preliminary PUD Plan for a 60 unit, senior rental housing
residential planned unit development on a 5 acre site on the north side of 39t" Street North to be
known as the Lake Elmo Senior Housing, 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 October 16, 2019
to review and consider the Preliminary PUD approval request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending to the
City Council approval of the Preliminary PUD subject to 29 conditions of approval; and
WHEREAS, the Lake Elmo Planning Director submitted a report and recommendation
about the Preliminary PUD as part of a memorandum to the City Council for the November 5, 2019
City Council Meeting; and
WHEREAS, the City Council reviewed the Preliminary PUD application for the Lake Elmo
Senior Housing at its meeting held on November 5, 2019 and made the following findings of fact:
1. That the Preliminary PUD Plan meets the general intent of the Village Mixed Use Land Use
designation in the Comprehensive Plan and the Village Mixed Use zoning district with PUD
modifications.
2. That the Preliminary PUD Plan generally complies with the City's Subdivision regulations.
3. That the Preliminary PUD Plan is generally consistent with the City's engineering standards
with exceptions as noted in the City Engineer's memorandum dated October 10, 2019.
4. The Preliminary PUD Plan meets the minimum requirement for a PUD including minimum
lot area, open space and street layout,
5. 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.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
the Preliminary PUD Plans for the Lake Elmo Senior Housing development as prepared by Mathew
Frisbee for Ayers and Associates (to be located on the north side of 39th Street) subject to the
following conditions:
1. That the applicant prepare any future final plat and final PUD plans showing all of the site
perimeter property lines - including any revisions for any additional right-of-way or
easements that may be needed for 39th Street or around the perimeter of the property.
2. That the future final plat and final PUD Plans submittal identify all requests for flexibility
from the Zoning Code.
3. That the applicant address all comments in the City Engineer's Memorandum dated October
10, 2019 with the future final plat and final PUD Plans submittal. These include having only
one driveway for the site and managing all storm water on the site.
4. That the final Plat and final PUD Plans submittal include an updated tree inventory and tree
preservation/replanting and landscape and screening plans that address all comments in the
City's Landscape Architect's memo dated October 2, 2019. All revised and final landscape
plans shall be reviewed and approved by the City's Landscape Architect. All tree planting
must outside of the front, side and rear drainage and utility easements.
5. That the final Plat and final PUD Plans submittal include accurate open space and
impervious surface calculations.
6. That the developer provide the City fees in lieu of park land dedication as required by the City
Code.
T That the final plat and final PUD Plans submittal include detailed architectural plans for all
the proposed buildings.
8. The applicant receive a permit from the Valley Branch Watershed District for the construction
of the proposed development.
9. 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 100-year high water level areas and to protect all
overland emergency flow paths.
10, The Preliminary Plat/Preliminary PUD approval is conditioned -upon the applicant meeting all
City standards and design requirements unless specifically addressed otherwise in these
conditions,
11. That the PUD overlay zoning allow for the following:
a. Setbacks:
Lake Elmo Senior Living (391h Street) Minimum Building Setbacks
Front (39th Street). 1 20 ft.
Interior Side
20 ft.
Rear (north property line)
50 ft.
b. Attached Garages: That each of the attached garages for the patio homes shall not
exceed 1,000 sq. ft. in area.
12. The Final Plat/Final PUD shall include all necessary public right-of-way and easements for
39"' Street North.
13. The Final Plat/Final PUD 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.
14. 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 grading or construction activities.
15. That the Final Plat/Final PUD 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.
16. If necessary, 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 or final PUD application.
17. That the applicant or developer address all the comments of the Fire Chief and the Building
Official with the 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.
18. 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 casement agreements are included with the final plat and PUD
application and plans.
19. 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 and buildings.
20. That the developer prepare exhibits for City staff approval that clearly identifies the property
lines, easements, proposed locations of retaining walls and fences and the required and
proposed setbacks for each building site within the development,
21. 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 150.035-150.038 of
the City Code.
22. Before to 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 pen -nit from the City.
23. 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 (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 or
turn-arounds at the end the private driveways.
24. Before the execution and recording of a final plat for the development, the developer or
applicant shall enter into a Developer's Agreement or a Site Work Agreement with the City.
Such an Agreement must be approved by the City Attorney and by the City Council. The
Agreement shall delineate who is responsible for the design, construction and payment for the
required improvements with financial guarantees therefore.
25. The applicant or developer shall enter into a separate grading agreement with the City before
starting any grading activity in advance of final plat of PUD approval. The City Engineer
shall review any grading plan that is submitted in advance of a final plat or final PUD, and
said plan shall document extent of any proposed grading on the site.
26. That the maximum density shall not exceed 10 dwelling units per net acre unless the City
Council approves specific project design elements and amenity points that increase the
allowed density for the proposal.
27. That the applicant/owner notify all renters that the City may impose restrictions or limits on
outdoor water use including no vehicle washing and no watering of grass, sod or
landscaping.
28. 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 or Final
PUD application the development and before the start of any clearing or grading activity on
the site.
29. That the City'spreliminary plat/preliminary PUD 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.
Passed and duly adopted this 5th day of November, 2019 by the Lake Elmo Minnesota City
Council.
Mike Pearson, Mayor
OwdURN