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HomeMy WebLinkAbout12-4-18 packet part 2 of 2STAFF REPORT DATE: 12/04/2018 REGULAR AGENDA ITEM: 26 TO: Mayor and City Council FROM: Jennifer Haskamp, Consulting City Planner ITEM: Wyndham Village Final Plat REVIEWED BY: Ken Roberts, Planning Director Jack Griffin, P.E., City Engineer BACKGROUND The Applicant, JP Bush Homes, is requesting Final Plat approval of the major subdivision called Wyndham Village. The Wyndham Village Preliminary Plat was approved on July 3, 2018 with conditions. The proposed subdivision creates 10 single-family residential lots that will be accessed from a single cul-de-sac. There is an existing home on the subject site that will be moved and relocated onto Lot 7 as described and approved during the Preliminary Plat process. Per section 153.10 Subd. B of the Subdivision Ordinance, the City Council is directed to review the Final Plat for consistency with the Preliminary Plat. PROPOSAL DETAILS/ANALYSIS: General Information. Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043 Property Owners: James McLeod, 11580 30th St N, Lake Elmo, MN 55042 Location: Part of the southwest quarter of the southeast quarter of Section 13, Township 29 North, Range 21West PID: 13-029-21-43-0001 Request: Application for Final Plat approval of a 10-unit single-family residential subdivision to be named Wyndham Village. Surrounding: North – Northport (Urban Low Density Residential); East – Northport (Urban Low Density Residential); West – Rural Single Family Residential; South – the Homestead (Open Space Preservation Development) 2 Comprehensive Plan: Village Urban Low Density Residential (1.5-2.49 units per acre) Zoning: V-LDR – Village Urban Low Density Residential (1.5 – 2.49 units per acre) History: The subject property is used, and has historically been used, as a single- family detached dwelling unit with accessory uses. A Comprehensive Plan Amendment to re-guide the property from Rural Single Family to Village Low Density Residential was approved by the City Council on February 7, 2018 and by Metropolitan Council on March 14, 2018. The Preliminary Plat was approved July 3, 2018 (Resolution No. 2018-066), and an application to rezone the property from Rural Single Family to Village Low Density Residential was approved July 17, 2018 (Ordinance No. 08-212). Action Deadline: Application Complete – October 15, 2018 (confirm) 60 Day Deadline – December 11, 2018 Extension Letter Mailed – N/A 120 Day Deadline – N/A Regulations: Chapter 153 – Subdivision Regulations (Ordinance 08-175) Article XIII: Village District (V-LDR) §150.270 Storm Water, Erosion, and Sediment Control ISSUE BEFORE CITY COUNCIL: To determine whether the proposed Wyndham Village Final Plat is substantially compliant with the approved Preliminary Plat, and that the conditions of Preliminary Plat have been satisfied. Planning Commission Review and Comments The Planning Commission reviewed the subject application at their regular meeting held on November 26, 2018. Staff presented this Staff Report, generally as prepared herein, and requested that the Planning Commission provide a recommendation regarding the requested Final Plat. After a brief discussion, the Planning Commission unanimously recommended Approval of the Final Plat for Wyndham Village to the City Council. Consistency with Preliminary Plat. The City’s Subdivision Ordinance requires that a Final Plat be substantially compliant with the approved Preliminary Plat. If it is determined that the Final Plat is inconsistent or a substantial departure from the approved Preliminary Plat then additional review and approval may be required. If it is determined that the Final Plat is consistent with the Preliminary Plat, and the conditions as noted within the Preliminary Plat have been completed, then the Final Plat should be granted after Planning Commission review and City Council approval. Staff reviewed the Wyndham Village Final Plat application and has made the following conclusions: • The lot and block configuration of the Final Plat is consistent with the Preliminary Plat; and 3 • The density of the subdivision is consistent with the City’s Comprehensive Plan and guided land use of Village Low Density Residential; and • The Final Plat and supplemental materials comply with the V-LDR zoning district approved on July 17, 2018; and • The Final Plat lot configuration including dedicated easements is consistent with the City’s Subdivision ordinance, except as conditioned and noted within the City Engineer’s Engineering Review Memo and Construction Plan Review memos which are attached. PRELIMINARY PLAT CONDITIONS FOR FINAL PLAT APPROVAL. Approval of the Preliminary Plat included conditions required to be addressed by the Applicant prior to approval of the Final Plat. These include the following: 1) Homes within lots in which the Northern Natural Gas Company Easement (Document 384029) (“Northern Easement”) is located shall maintain a 20-foot principal building rear yard setback from the Northern Easement. The Final Plat identifies the required Northern Easement area along the rear (west) yards of Lots 6, 8, 9 and 10 and along the front (east) yard of Lot 7. Building setback dimensions are not shown on a Final Plat. Staff would recommend carrying the principal building setback requirement forward to the Development Agreement to ensure the appropriate setbacks from the easement area are applied at time of building permit review. 2) All required modifications to the plans as requested by the City Engineer in a review letter dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to consideration of a Final Plat. The City Engineer reviewed and accepted an updated set of preliminary plans in response to the Engineer’s memo dated May 30, 2018. Though preliminary plans have been accepted, there remain several outstanding issues with the Construction Plans as noted in the City Engineer’s memo. At the Planning Commission meeting the Applicant testified that supplemental materials and information has been submitted to the City Engineer for additional review and consideration. At the time of this memo, no additional formal review has been completed regarding the updated information. As such, Staff recommends that the City Engineer’s Construction Plans memo be included as a condition of Final Plat approval. 3) Preliminary plat and plans should be revised to dedicate additional right-of-way along 30th Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area. Right-of-way along 30th Street maintains a consistent distance of 16 feet between the paved roadway and right-of-way line, which is consistent with changes required by the City Engineer during Preliminary Plat approval. Outlot A contains storm water storage and infiltration basins and have been designed to a HWL of 917, which also meets requirements. 4 4) Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern [Natural Gas] Easement. The City must receive copies of the written permission prior to approval of the Final Plat. No written documentation or information was submitted for review during this Final Plat process regarding the Northern Easement. This should be restated as a condition of Final Plat approval and no site work, or any other construction activity shall be permitted until this condition has been met. 5) Written landowner permission must be submitted as part of the Final Plat development applications for any off-site grading work and storm water discharges to adjacent properties. Off-site grading work is not anticipated with the development of this project. The City Engineer has addressed this condition in their review memo attached. If this changes then the appropriate permissions must be acquired and furnished to the City prior to completing any associated work. 6) The developer shall pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel. As a condition of Final Plat approval, the developer will appraise the land value and pay a cash contribution to the City in lieu of park dedication prior to any building permits issued. As stated in the Preliminary Plat process and per the City’s ordinance, the Applicant shall furnish an appraisal from a licensed real estate appraiser indicating the fair market value from which the final Park Dedication fee can be calculated. The determined fee shall be included within the Development Agreement as well as a schedule for payment. 7) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. As stated in condition #2, the Applicant shall obtain approval from Northern Natural Gas to perform any work within, or over, the gas line easement. Any required permits shall be obtained, and copies furnished to the City prior to the start of any site work. 8) The preliminary landscape plan shall be approved by the City prior to recording of the Final Plat. The City’s Landscape Architect has reviewed the submitted plans and determined that they have not been updated for consistency with the Final Plat. His review and recommended conditions are included in his staff report dated November 27, 2018. Staff recommends that this condition be carried forward and that the landscape plan must be updated to the satisfaction of the City’s Landscape Architect prior to recording the Final Plat. 9) The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk requirements of the Village Urban Low Density zoning district must be met. Lot 1 has been revised to include 70.49 feet lot width. As depicted on the Final Plat, the remaining lots comply with all other lot dimension standards. Since the Final Plat does not 5 include building footprints, setback or other bulk standards, staff would recommend that this portion of the condition be incorporated into the Development Agreement to ensure all future development complies with the V-LDR bulk standards. 10) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. This condition will be incorporated into the Development Agreement. 11) All builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. This condition will be incorporated into the Development Agreement. 12) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. The City Engineer has reviewed the Final Plat and provided his comments in the attached memo. While most easement areas comply with the City Engineering Design Standards Manual there are a few outstanding issues as noted. The Applicant should note that any changes to the site plan or plat as a result of the VBWD, State and City process may be subject to additional City review if alterations to the Final Plat are needed. The City Engineer also identifies that additional easements are required to match the drainage swales identified on Lots 8,9,10 and 15 as noted in the staff memo. As stated previously, staff recommends that both of the City Engineer’s memos be incorporated as a condition of Final Plat approval. 13) Prior to recording the Final Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. Staff is preparing a draft Development Agreement that will incorporate the conditions as noted within this staff report. The Development Agreement will be presented to the City Council for their review and consideration concurrent to the Final Plat review process. 14) The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house location and screening/buffering to be approved by Council and protected by a landscape easement. The City received a detailed site plan of Lot 7 on Oct 7, 2018 that is consistent with the Preliminary Plat with the exception of the attached garage (accessory building) to the principal structure. The condition also states that Lot 7 must include a dedicated landscape easement to buffer adjacent property. The Final Plat does not indicate a landscape easement on Lot 7. The Lot 7 Detail-Preliminary Plat illustrates the location of buildings that meet required setbacks and drive access, but it is not consistent with the Tree Preservation Plan (Landscape Plan) also submitted. 6 Additional review and comments from the City’s Landscape Architect are provided within the attached memo dated November 27, 2018. Staff recommends that the Landscape Architect’s memo and drafted conditions be incorporated as a condition of Final Plat approval. ENGINEER’S COMMENTS. The Applicant’s preliminary plans were required to be updated to reflect the comments made in the City Engineer’s memo dated May 20, 2018. All required modifications to the preliminary plans as requested by the City Engineer were incorporated into the plans. Since the preliminary plan set was reviewed, the Applicant has prepared the Final Plat, Construction Plans, Geotechnical Report and Stormwater Management Plan that were the subject of this review by the City’s Engineer. The attached memos from the City Engineer are provided for your review and consideration. Staff recommends that the Final Plat Engineering Review Comments and the Construction Plan Review memos be incorporated herein, and that their contents be included as conditions of Final Plat approval. RECOMMENDED FINDINGS. Staff recommends the following draft findings regarding the proposed Final Plat: 1) That the Wyndham Village Final Plat is consistent with the approved Preliminary Plat; the Lake Elmo Comprehensive Plan and its Future Land Use Map; and the amended zoning for this property. 2) That the Wyndham Village Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City’s engineering design standards with the corrections as noted by the City Engineering Review Comments and Construction Plan Review Memos dated November 5, 2018. 3) That the Wyndham Village Final Plat complies with the City’s subdivision ordinance. RECOMMENDED CONDITIONS OF APPROVAL. Staff recommends the following conditions of approval: 1. All required modifications to the construction plans as requested by the City Engineer in a review letter dated November 5, 2018 shall be incorporated into the plans, and the plans shall be approved prior to recording the Final Plat. 2. Written easement owner permission must be obtained, and copies provided to the City, for work to be completed within the Northern Natural Gas Easement. The City must receive copies of the written permission prior to any site work or construction activity commencing on site. 3. If applicable, written landowner permission must be submitted for any off-site grading work and storm water discharges to adjacent properties. 7 4. The developer shall have the full property appraised and pay a cash contribution in lieu of land for park dedication equal to 10% of the fair market value of the entire parcel prior to recording of the Final Plat. 5. The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site prior to any site work or construction activity commencing on site. 6. The landscape plan shall be amended to include landscape easement on Lot 7 and shall be approved by the City prior to recording of the Final Plat. 7. The Development Agreement shall include language regarding a required principal structure setback of 20-feet from the Northern Easement area on Lots 8, 9, and 10 denoted on the Final Plat. 8. The Development Agreement shall include language that requires the Applicant to provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights as well as its proximity to the railroad and associated noise and vibration. 9. The Development Agreement shall include language that encourages all builders to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 10. All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the Final Plat by City Officials. 11. Prior to recording the Final Plat, the Developer shall enter into a Development Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 12. The Applicant shall amend the Lot 7 Detail to show screening/buffering consistent with the City’s ordinances, which shall be reviewed approved by the City’s Landscape Architect prior to any site work being completed. FISCAL IMPACT: There would be no fiscal impact to the City at this time, as the developer would be required to pay for any amendments needed to accommodate the increase in REC units. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and any other fees as required per the City’s ordinances. RECOMMENDATION: Staff recommends that the City Council approve the Wyndham Village Final Plat with the findings and conditions as noted herein. ATTACHMENTS: 1. Application and Narrative 2. Final Plat 3. Lot 7 Detail – Preliminary Plat, Wyndham Village 4. Tree Preservation Plan (Landscape) dated 8-30-2018 5. City Engineering Review Memo dated November 5, 2018 6. City Construction Plan Review Memo dated November 5, 2018 7. City Landscape Architect Review Memo dated November 27, 2018 四国図四 October 12th, 2018 Citv of Lake EImo Final PIat Narrative. Property: 1 1580 30th street North Lake Elmo MN 55043 Janes McLeod Revocable Tnlst (5.9 Acres) Usage: Currently a single finily ZONED: RURAL RESIDENTIAL Proposer: Mr. and Mrs. James McLeod Revocable Tnlst, Land Owner. JP Bush Homes, DeveloDer. The proposed subdivision is called一一Wyndham Village". Janes McLeod and血e Developer, JP Bush Homes desires to keep this proposed Development in hamony w地the Comprehensive Plan. Below are answers to the required w血en statement for the Final Plat Application. a. Owner Janes McL∞d. 11580 30th st. N・ Lake Elmo MN. Cel1 651-442-8741. Developer, JP Bush Homes. 1820 Qui血an Ave Lakeland MN 55043. Ce11 651-775置4222, email 瓦塑@ioebし1Shmn。COm. Surveyor, Milo Horak, Landmark Scandia MN. O縦ce, 65 1-433-3421. Engineer, Chuck PIowe 6776 Lake Drive Suite =O Lino Lakes MN, Main, 651-361-8210 b. 1 1580 30th street No血Lake Elmo MN 55043, Current ZOned RR, 5.9 Acres, PID 13.029.21.43.0001. Legal’Part Of血e southwest quarter ofthe southeast quarter of section 13, township 29 no巾h, range 21 west, C. Wyndhan Vi11age, d・ We have provided an extensive buffer zone Tree Preservation plan that screeus血e site from 30th. We have inventoried the existing noninvasive trees and repuaposing 53 of the feature trees for the Bu節er area. In addition’there are nearly 50 more existing trees not being relocated but used in血eir natural setting. With the repurposmg we only require 9 new trees to make血e subdivision coincide with the neighboring subdivision and its plan. Please note that Mr. McLeod was very PrOud of his tree plantings血roughout血e years. 85% of trees inventoried and used were planted by Mr. McLeod・ The remaining 15% ofthe trees are to be sold and repuaposed by local landscapers. We also have submitted and received reply宜om the City Engineer that a11 COnditions that were listed in血e preliminary plat have been satis宜ed. e. The current development plan has base approval for Comprehensive plan anendme血from Met Council and we believe will be an asset to the community. The density is 3 per acre per the Preliminary plat approval. f It is血e intention ofthe developer and the owner to move the existing home onto Iot 7址s year and if weather allows transplant trees and initiate grading with all phases of construction COmPlete in the spring of 2019. g. The relocation ofthe existing home onto lot 7 presents a need for landscape screenmg On the West boundary. We can accomplish this with proper vegetation and have o飾ered to place trees On the neighbor the Wests property to help in screemng. h. Our development was primarily designed around the approved North port developmeut. i. It was approved by the Metropolitan council血at our development was constant with the COmPrehensive plan for Lake Elmo. j. NA k. There is no land offer, SO a Park dedication fee will be the source of satisfying the requlrementS. The above description along with all the required documents and planning that have been performed allow the Plaming Commission and City Council proper infomation to make decisions on the Final Plat approval. Please accept our plan and submissions to the City of lake Elmo Plaming Commission and City Council. Joseph P Bush J.P. Bush Homes   PAGE 1 of 2  MEMORANDUM         Date:  November 5, 2018      To:  Ben Prchal, City Planner  Re:  Wyndham Village Final Plat  Cc:  Chad Isakson, Assistant City Engineer    Engineering Review Comments  From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for Wyndham Village. Final Plat/Construction Plans were received on  October 31, 2018. The submittal consisted of the following documentation:   Wyndham Village Final , undated, prepared by Landmark Surveying, Inc.   Wyndham Village Construction Plans, dated October 12, 2018, prepared by Plowe Engineering.   Geotechincal Report, dated October 17, 2018, prepared by ITCO Allied Engineering Company.   Wyndham Village Landscape Plans, dated August 30, 2018, prepared by Calyx Design Group.   Stormwater Management Plan, dated September 26, prepared by Plowe Engineering.      STATUS/FINDINGS:  Engineering review comments have been provided in two separate memos; one for Final Plat  approval, and one to assist with the completion of the final Construction Plans.  Please see the following review  comments relating to the Final Plat application.      FINAL PLAT: WYNDHAM VILLAGE   The Final Plat dedicates additional right‐of‐way along 30th Street North as required by the conditions for  preliminary plat approval and to ensure a minimum 30th Street boulevard of 16 feet along the Plat length.    Outlot A is shown on the plans to be dedicated to the City for storm water maintenance. Outlot A includes a  storm water infiltration basin and storm water pond, including the 100‐year HWL and maintenance access  road(s), as required as condition of Preliminary Plat approval.   Outlot A includes preservation of a 10‐foot small utility corridor adjacent to the 30th Street right‐of‐way. An  easement is not needed per se since the Outlot is City owned, however the corridor grades and limitation of  tree plantings is needed to preserve the corridor for the location of the small utility joint trench.   The site plan is subject to a storm water management plan meeting State, VBWD and City rules.  Storm water  facilities proposed as part of the site plan to meet State and VBWD permitting requirements must be  constructed  in accordance with  the City Engineering Design  Standards Manual. Any Plat/Plan changes  necessary to meet State and VBWD storm water requirements are subject to additional City review.   The Stormwater Management Plan indicates an increase in the 100‐year HWL to Northport Pond 4SE. As a  condition of Final Plat, the applicant must work with the Northport Developer/Engineer to update the  approved Northport Plans showing this increased HWL for City files/records prior to Construction Plan  approval for the Wyndham Subdivision.   Drainage and utility easements have been provided over all storm sewer, sanitary sewer and watermain not  located within City right‐of‐way or Outlots, minimum 30‐feet in width centered on the pipe/structure.  Easements have been shown on the Final Plat and Construction Plans as required.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283    PAGE 2 of 2   Additional easements are required along the rear lot lines for Lots 8, 9, and 10, Block 1 to cover the proposed  drainage swales per the grading plan. Lots 8 & 9 must be 15 feet and Lot 10 must be 10 feet.   All emergency overflow elevations must be fully protected by drainage easement.   All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Plat prior to the release of the Final Plat for recording.    The Final Plat shall not be recorded until final construction plan approval is granted.   Written easement owner permission must be obtained, and copies provided to the City, for work to be  completed within the gas main easement. The City must receive copies of the written permission prior to  the Construction Plan approval.   Written landowner permission must be submitted for any off‐site grading work and storm water discharges  to adjacent properties prior to final plan approval.    No trunk watermain or sanitary sewer oversizing is anticipated for this development. All watermains and  sanitary sewer shall be 8‐inch diameter pipe.   Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design  Standards Manual dated March 2017, using City details, plan notes and specifications and meeting City  Engineering Design Guidelines.   Final  Construction  Plans  and  Specifications  must  be  revised  in accordance  with  the  Construction  Plan  engineering review memorandum dated November 5, 2018.    No construction for Wyndham Village may begin until the applicant has received City Engineer approval for  the Final Construction Plans; the applicant has obtained and submitted to the City all applicable permits,  easements and permissions needed for the project; and a preconstruction meeting has been held by the  City’s engineering department.          PAGE 1 of 2  MEMORANDUM         Date:  November 5, 2018      To:  Ben Prchal, City Planner  Re:  Wyndham Village  Cc:  Joe Bush, J.P. Bush Homes  Chuck Plowe, Plowe Engineering, Inc.   Chad Isakson, Assistant City Engineer    Construction Plan Review  From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for Wyndham Village. Final Plat/Construction Plans were received on  October 31, 2018. The submittal consisted of the following documentation:   Wyndham Village Final , undated, prepared by Landmark Surveying, Inc.   Wyndham Village Construction Plans, dated October 12, 2018, prepared by Plowe Engineering.   Geotechincal Report, dated October 17, 2018, prepared by ITCO Allied Engineering Company.   Wyndham Village Landscape Plans, dated August 30, 2018, prepared by Calyx Design Group.   Stormwater Management Plan, dated September 26, prepared by Plowe Engineering.      STATUS/FINDINGS: Engineering review comments have been provided to assist with the completion of the Final  Construction Plans.  When submitting revised plans and specifications, please provide a point by point response  letter that details all changes made to the plans.        FINAL CONSTRUCTION PLANS   The Construction Plans are incomplete. The following additional information must be submitted to facilitate  additional staff review.   Plan sheets C4.1, C4.2, C4.3, C4.4, C5.1 and C5.2 were not included in the plans submitted for review.   Add existing conditions plan to the construction plan set, showing the existing topography and identifying  all physical features on the site and adjacent properties for a distance of 150‐feet. Identify all physical  features to be removed, salvaged and replaced, or protected.   C1.1. and C2.1. The random survey shots must be removed from the plans to facilitate a complete review. If  specific shots are intended to inform the design, the text size and placement must be legible.    C1.1 and C2.1. Correct all overlapping text so that the plans are legible.   C2.1. All low floor elevations must be a minimum of 2‐feet above the pond HWL to meet VBWD rules. All low  openings must be a minimum of 1‐foot above the adjacent emergency overflow elevations. The low floor for  Lot 1 may need to be revised.   C2.1.  Revise  the  grading  for  the  Stormwater  Pond  to  comply  with  the  Minnesota  Stormwater  Manual  configuration recommendations. At the current size/configuration the pond is not likely to perform well and  could be a nuisance to adjacent properties.   C2.1. Additional grading details/revisions are required along the east property line at the Pond EOF. Spot  elevations are needed to demonstrate ponding is contained and directed to the 918.0 EOF.   FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283    PAGE 2 of 3   C2.1. The grading plan is incomplete around Lot 7, Block 1. Exi sting conditions (trees and other physical features)  and existing contours are required to the north and west of Lot 7. The grading plan must be detailed for Lot 7  to demonstrate matching into existing conditions and directing drainage away from adjacent properties.   C2.1. The rear lot drainage and utility easements must be increased for Lots 8, 9, and 10, Block 1 to cover the  proposed drainage swales per the grading plan. Lots 8 & 9 must be 15 feet and Lot 10 must be 10 feet.   C2.1. Increase the grade (and spot elevation) for the Lot 7 driveway to maintain 2‐ft cover over the culvert pipe  and to ensure the top of pipe is below the driveway base.   C2.1. Correct grading at FES‐8 (invert 921.0) by extending the 922.0 contour to the north of the invert. Extend  the 920.0 contour to maintain a minimum ditch slope of 2%.   C2.1. Add plan notes to provide storm water pond liner construction requirements consistent with the VBWD  pond lining material and testing requirements.   C2.1. Add plan notes for infiltration basin construction requirements including basin protection and testing.   C2.2. Label both FES for the equalizer pipe.   C2.2. Update storm water structure table to include STMH‐2, FES‐4, and the two FES for the equalizer pipe.   C2.2 Add storm sewer profiles for the equalizer pipe and for the storm run from FES‐4 to FES‐6.   C2.2. Add draintile out of CB1 for a minimum distance of 100‐feet each way. Add drain tile connection inverts  in profile to CB1.   C3.1 and 3.2. “Proposed MH‐1” should be shown as an “Existing MH‐1” in both plan and profile views and on  both plan sheets. As‐built invert elevations must be shown. Remove all references to “Proposed by Others”.    C3.1 and C3.2. Existing MH‐1 is shown as a drop manhole but was not installed as a drop manhole. MH‐1 has a  30‐foot stub installed with an approximate stub elevation of 894.55 with 8" SDR 26 @ 0.51%.   C3.2. Revise plan for all water services to be upstream of the sanitary sewer service.   C3.2. Move view port to show the service ends for Lot 7.   C3.2. Water service to Lot 7 is greater than 100 feet (the limited length for a roll of copper). Revise service to  install curb box at the R/W with HDPE service pipe extended to the west of the gas easement with a second  curb stop.   C3.2. Add wye stationing, sanitary service invert elevation and curb stop elevation for Lot 7.   C3.2. Provide call outs indicating size and type of all watermain bends.    STORMWATER MANAGMENT   The site plan is subject to a storm water management plan meeting State, VBWD and City rules.  Storm water  facilities  proposed  as  part  of  the  site  plan  to  meet  State  and VBWD  permitting  requirements  must  be  constructed in accordance with the City Engineering Design Standards Manual. Any Plat/Plan changes necessary  to meet State and VBWD storm water requirements are subject to additional City review and approval.   The Stormwater Management Plan indicates an increase in the 100‐year HWL to Northport Pond 4SE. The  applicant  must  work  with  the  Northport  Engineer  to  update  the  approved Northport Plans showing this  increased HWL for City files/records prior to Construction Plan approval.     SPECIFICATIONS   Specifications must be submitted for review and include the City Standard Specifications dated March 2017.   If supplementary specifications are also submitted, the following statement must be placed as the first clause  of the supplementary provisions, “The City Standard Specifications for Public Infrastructure, dated March 2017,  shall  apply  to  the  work  performed  under  this  contract.  Any  supplemental  specifications  are  intended  to  supplement the City Standard Specifications, however they do NOT supersede the City Standard Specifications,  Details, Design Standards, or ordinances unless specific written approval has been provided by the City.”    LANDSCAPE PLANS   The landscape plans are not updated to be consistent with the proposed Final Plat, lot lines, easements, storm  water systems, maintenance access roads and utility plans. Revised plans must be submitted for staff review.   The landscape plans must be revised to show all underground utilities including water/sewer lot services and  revised to ensure trees maintain 10‐foot minimum offset from all utilities.    PAGE 3 of 3   Revise boulevard trees per the City standard boulevard layout, City detail 805. Boulevard trees are currently  shown within the small utility corridor.   Revise trees along 30th Street right‐of‐way to be a minimum of 10 feet north of the 30th Street right‐of‐way to  maintain 10‐ft. small utility corridor.   The Landscape Plans must be revised to accommodate maintenance access to all storm water BMPs. Grades  along pond access cannot exceeded 10% and must be a minimum of 20 feet in width. Maintenance access from  public right‐of‐ways must be shown on the Landscape Plans.  No trees can impede maintenance access from  30th Street North.   Revise the landscape plans to show all trees to be removed due to construction and grading activities. Current  plans show existing trees remaining within areas to be graded (storm water pond).                                                 Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Ben Prchal, City of Lake Elmo Planner From: Lucius Jonett, Wenck Landscape Architect Date: November 27, 2018 Subject: City of Lake Elmo Landscape Plan Review Wyndham Village Preliminary Plan, Review #3 Submittals  Wyndham Village Final Plat, not signed, dated 10-15-2018, received 10-31-2018.  Tree Preservation and Landscape Plan set, dated 8-30-2018, received 10-31-2018.  Wyndham Village construction plans, dated 10-12-2018, received 10-31-2018. Location: North of 30th Street North in the southwest corner of the Northport development. Land Use Category: Village Urban Low Density Surrounding Land Use Concerns: The Wyndham Village development is sharing an infiltration area with the Northport development to the North. Northport did not have landscaping within the outlot that abuts the eastern property line of the Wyndham Village development to accommodate this. Special landscape provisions in addition to the zoning code: There is a required greenbelt buffer on the southern portion of the development, additional screening is required in this area. Ben Prchal Planner City of Lake Elmo November 27, 2018 2 S:\Planning-Building Department\Land Use\Subdivisions\Wyndham Village McCleod Property\Final Plat\Staff Review\2018-11-27 Wyndham Village Landscape Plan Review.docx Findings: 1. The previously submitted Tree Preservation and Landscape Plan set, dated 8-30-2018 was approved on 9-5-2018 and matched the proposed site and grading plans at that time. The site and grading plans were not approved and went through revisions after City comments. 2. The recent Construction plans dated 10-12-2018, have revised stormwater management features, maintenance access, and grading that conflict with the previously approved tree preservation and landscape plans. These changes will impact the tree preservation plan and calculations, and the final landscape requirements and plan layout. 3. Updated tree preservation and landscape plans will be required to ensure ordinance compliance and minimize construction conflicts and confusion. 4. The proposed driveway on Lot 7 of the development is up to the edge of the drainage and utility easements, within 5 feet of the west and north property lines. This will not leave enough room for planting vegetation that will provide screening on the west property boundary. And the proposed plantings of crab apple trees and dogwoods will not provide the required screening of at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Recommendation: It is recommended that the previously approved Wyndham Village landscape plans are no longer applicable. It is recommended that conditions of new approval include: 1. Submit revised tree preservation plans showing the updated site plans and which trees are to be saved, relocated, and removed. Tree replacement calculations will need to be updated to match the new plans. 2. Submit revised landscape plans showing the updated site, grading, and utility plans including current stormwater management features and maintenance access. Trees should be placed 10’ away from utilities. 3. Submit revised landscape plans that provide sufficient screening on the west property line of Lot 7 and provide enough space for full growth (mature diameter) of the proposed species. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect 1 STAFF REPORT DATE: 11/28/2018 REGULAR ITEM #: 27 MOTION TO: Mayor and City Council Members FROM: Jennifer Haskamp, Consulting Planner AGENDA ITEM: Royal Golf Club at Lake Elmo 3rd Addition Final Plat and Planned Unit Development (PUD) Plans and Easement Vacation REVIEWED BY: Ken Roberts, Planning Director Jack Griffin, City Engineer BACKGROUND: The City Council is being asked to consider a request by H.C. Golf Land, LLC for approval of the Final Plat and final PUD plans for the Royal Golf Club at Lake Elmo 3rd Addition. The Final Plat for the 3rd Addition includes 67 residential lots for development of 33 single-family villa style townhomes and 34 traditional single-family detached homes. REVIEW/ANALYSIS: Applicant and Owner: H.C. Golf Land, LLC Location: Outlot T, Royal Golf Club at Lake Elmo, PID# 25.029.21.22.0001, and Outlot J, Royal Golf Club at Lake Elmo, PID #25.029.21.31.0041. Request: Application for Final Plat and PUD Plans to approve 67 residential lots and easement vacation Existing Land Use: Vacant Outlot; Current Zoning: GCC – Golf Course Community Surrounding Land Use: North – Rural Single Family (RS) and Rural Residential (RR), South – The Homestead (OP – Open Space), East – Golf Course (GCC – Golf Course Community), Comprehensive Plan: GCC – Golf Course Community History: Preliminary Plat and PUD Plans approval was granted on June 6, 2017 by Resolution 2017-047. Final Plat and PUD Plans for 1st Addition was granted on September 5, 2017 by 2 Resolution 2017-093. Final Plat and PUD Plans for 2nd Addition was granted on July 3, 2018 by Resolution 2018- 070. Deadline for Action: Application Complete – 10/16/18 60 Day Deadline – 12/14/18 Extension Letter Mailed – No 120 Day Deadline – NA Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (GCC) §150.270 Storm Water, Erosion, and Sediment Control ISSUE BEFORE CITY COUNCIL: To determine if the proposed Royal Golf Club at Lake Elmo 3rd Addition is consistent with the approved Preliminary Plat and that the relevant conditions to the 3rd Addition have been completed. Public Hearing and Planning Commission Recommendation The Planning Commission held a duly noticed public hearing at their regular November 26, 2018 meeting to consider the subject application. No public testimony was given or submitted regarding the proposed Final Plat. After closing the public hearing, the Planning Commission discussed the proposed Final Plat, the following summary of their discussion is provided: • Planning Commissioners discussed the changed configuration of the road network serving the Villa Lots in the Final Plat, and ultimately determined that the change from a loop road to two cul-de-sacs did not constitute a significant change. • Discussion regarding the reduction in total number of lots in the 3rd Addition from that which was reflected in the Preliminary Plat was determined to be consistent with preliminary plans when considering all three platted additions collectively (1st Addition, 2nd Addition, and the 3rd Addition if granted.) Planning Commissioners noted the importance of ensuring that future phases, whether one or multiple, be consistent with the total number of lots approved as part of the Preliminary Plat. After discussion, the Planning Commission recommended unanimous approval to the City Council of the Final Plat, Final PUD plans and Easement Vacation with the conditions as drafted and contained herein. The following staff report is generally as presented to the Planning Commission and is provided for your review and consideration. 3 FINAL PLAT AND PUD PLANS Consistency with Preliminary Plat. The proposed lot sizes, widths, and proposed impervious surface are generally consistent with that of preliminary plat. The only change is the modification of Kings Lane which was shown as a loop road in the Preliminary Plat, and is now proposed as two cul-de-sacs in the Final Plat. As a result of the conversion to two cul-de-sacs, forty original villa lots fronting Kings Lane have been reduced to 33 villa lots. General circulation is maintained in the broader development with through-traffic along Palmer Drive. Previous Preliminary Plat Updated Final Plat PUD Flexibility. The development was afforded the following flexibility through preliminary approval: a. Setbacks: Royal Golf Club at Lake Elmo Setbacks 100 Ft. Wide Lots 80-90 Ft. Wide Lots 55-65 Ft. Wide Lots Front 30 ft. 30 ft. 20 ft. for side loaded garages, or 25’ Side 10 ft. 10 ft. 10ft. house/5ft. garage or 7.5 ft./7.5 ft. Corner Side 15 ft. 15 ft. 15 ft. Rear 30 ft. 30 ft. 20 ft. b. Maximum Impervious Coverage: The maximum impervious coverage for 55-65’ wide lots shall be 50%. All other lots shall have a maximum impervious coverage of 40%. Villa Lots Villa Lots 4 c. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the development shall be 6,600 sq. ft. d. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in area at the ground floor level except by conditional use permit. The width of the visible garage door area when closed shall not exceed 60% of the principal building façade (including garage) fronting on the primary street. e. Subdivision Identification Signs: the Royal Golf Club at Lake Elmo residential subdivision shall be allowed up to a maximum of 4 subdivision identification signs, including the identification sign for the golf course entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10 feet to any public right-of-way. In addition, neighborhood identification markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify the development logo and the name of the neighborhood. Additional subdivision signs should be considered for a subdivision of this size. f. All other requirements for the City’s GCC – Golf Course Community zoning district will apply, including the allowed uses and other site and development standards. g. That the proposed street names within the development are generally consistent with the City’s Street Naming Policy except for Annika Drive. Lot Sizes and Widths. The smallest lot size of this addition is 7,621 square feet, with the largest lot size at 25,251 square feet. The smallest lot width is 57.1 feet and the largest lot width is 131.1 feet. Density. The total area of the 3rd Addition is 103.70 acres. This total includes 20.56 acres of single-family residential lots, 6.62 acres of residential right-of-way, 4.75 acres of wetland, and 76.53 acres of outlots. Residential Density is therefore calculated as 103.70 – 4.75 Wetland = 98.95 / 67 units = 1.48 units per acre for the 3rd Addition. Outlots. An explanation of ownership and purpose of the outlots is below. • Outlot A will be owned by the HOA to be used for drainage and utility easement, landscaping, and open space purposes, and future residential development. • Outlot B will be owned by the HOA. A drainage and utility easement will be over all of Outlot B. • Outlot C will be owned by the HOA to be used for drainage and utility easement, landscaping, and open space purposes. Parkland Dedication. As approved with the Preliminary Plat, the developer is required to dedicate 8.8 acres of land or pay a cash contribution of $611,457.00 for the entire preliminary plat area (291 lots) and dedicate a total of 8,085 lineal feet of trails with a 30- foot wide corridor, less a 5,010 foot buffer encroachment. For this phase, the developer will be required to pay a cash contribution of $140,834.00, calculated as follows: 67 lots at $2,101.00 per lot. 5 A 30-foot-wide trail corridor was required to be dedicated to the City centered on public trails in the development and the value of the dedicated land was to be credited toward any fees in lieu of parkland dedication. The 3rd Addition does not include the trail corridor location, and therefore no reduction or credit is provided within this phase. Construction of a play structure near the HOA fitness center was a condition of the 2nd Addition Final Plat, which was originally required to be completed prior to the 3rd Addition Final Plat. The developer asked the City in July 2018 to change this condition of approval to delay the installation of the required play structure until the construction of the 3rd Addition as it was not practical and potentially unsafe to install it during the construction of the 2nd Addition. The city approved a revised condition that the developer install the play structure in Outlot D of the 2nd Addition before the city releases building permits for the 3rd Addition. Landscaping. The developer has provided landscaping plans for the 3rd Addition, which are attached hereto. The City’s Landscape Architect has reviewed the landscape plans and has recommended approval with the condition of adjusting the location of trees noted on sheet L4 that will overlap proposed buildings and drive locations when mature. It should be noted that the City approved an amendment to the Royal Golf Development Agreement which allowed the total number of trees in the development to be reduced from 3,800 warrantied trees to 2,912 warrantied trees, provided that the developer plant a minimum of two trees per villa lot and four trees per single-family traditional home lots. Further, the developer would reduce the number of trees required to be planted within the entire subdivision from 2,912 to 1,943 provided that the developer pay a park dedication fee of $500.00 per 2.5-caliper-inch tree in lieu of planting the difference of 969 trees. With this provision, the developer will be required to pay the City a cash contribution of $111,552 which is that proportion of trees associated within the 3rd Addition Final Plat. The calculation to determine the associated 3rd Addition Final Plat fee is as follows: [($500 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area) / 291 Single Family Lots within all phases of the Subdivision X 67 Lots within the 3rd Addition] Street Design. As shown on the 3rd Addition Final Plat the Applicant has proposed to reconfigure the ‘loop’ road and instead develop two cul-de-sacs to serve the lots within the 3rd Addition. Both cul-de-sacs as shown meet the City’ ordinance requirements for cul-de-sac length, required right-of-way and cul-de-sac terminus. This change is generally consistent with the lot types shown on the Preliminary Plat and the cul-de-sacs do not change the character of the Plat. Street Naming. The City amended its Street Naming Policy at the April 17, 2018, removing the provision that if appropriate, names with the same theme (i.e. flowers, nature) are permitted for naming streets in an entire subdivision. While the proposed street names of Royal Golf Club at Lake Elmo do not fit the City’s now amended street naming policy, they are consistent with 1st Addition in that they are “golf-themed.” While the names have already been approved through the Preliminary Plat process, it was a condition of approval that the Final Plat include street names as approved by Council. Engineering Comments. The City Engineer review memo dated November 19, 2018 is attached to this report for your review and consideration. 6 Fire Chief and Building Official Comments. The application has been reviewed by the Fire Chief and Building Official, and they have provided no additional comments. Preliminary Plat Conditions. The following explains how Preliminary Plat conditions have been met (Staff comments italicized and bold). 1. That cross-access easements be recorded between the owner of the golf course/golf club and the HOA to permit HOA and resident access to the future fitness center, clubhouse and other amenities by the HOA residents over the clubhouse entrance drive and parking lot and trails. Comment: This easement has been granted. 2. Any expansion to the Royal Golf Club clubhouse or intensification of its use shall require a conditional use permit. Comment: The lot on which the clubhouse is situated was platted with 1st Addition, and this condition does not apply to 3rd Addition. 3. That there shall be no encroachments to drainage and utility easements on residential lots other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement. Comment: No encroachments are proposed or shown on the Final Plat. Staff has included this as a recommended condition of approval. 4. That the developer prepares an exhibit that clearly identifies the proposed setbacks for specific lots within the development. Comment: The developer has provided an exhibit which outlines setbacks within the development. The developer has been granted PUD flexibility which allows a 30 ft. setback on the 100 and 80-90 ft. lots and a 20 ft. setback on the 55-65 ft. lots; 10 ft. side yard setback on the 100 and 80-90 ft. lots and a 7.5 ft./7.5 ft. setback on the 55-65 ft. lots; a corner yard setback of 15 ft. on all lots; and a 30 ft. setback on the 100 and 80-90 ft. lots and a 20 ft. setback on the 55-65 ft. lots. This condition has been met. 5. Prior to the execution of a Final Plat for any phase of the development by City officials, the Developer shall enter into a Developer’s Agreement for that phase acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. A development agreement will be prepared by Staff and approved by both the developer and City Council. 6. Each phase of the Royal Golf Club at Lake Elmo shall be incorporated into the Common Interest Agreement concerning management of the common areas and establish a homeowner’s association which shall be submitted in final form to the Planning Director before any building permit may be issued for any structure in any phase of the development. Said agreement shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall include required maintenance of wetland buffers. The Common Interest Agreement will need to be updated to include Royal Golf Club at Lake Elmo 7 3rd Addition and approved by the City Attorney prior to recording of the Final Plat. 7. That the HOA documents include architectural requirements that require 4- sided architecture and garages facing the public right-of-ways to have windows and/or other architectural features. Consistent with the 1st Addition and 2nd Addition, the 3rd Addition of Royal Golf Club at Lake Elmo shall be added into the HOA documents that establish the architectural standards consistent with this condition. The Applicant shall furnish this language to the City Staff for review prior to any building permit being issued for the 3rd Addition. 8. The applicant shall enter into a landscape license 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 for each platted phase of the development. This has been added as a recommended condition of approval of the 3rd Addition Final Plat. 9. That the HOA be responsible for the maintenance of all landscape walls that cross residential property lines or publicly owned Outlots or rights-of-way and that the walls be contained within a landscape easement. As shown on the Landscape Plans, there are no retaining walls proposed as part of the 3rd Addition. 10. The developer shall provide for an HOA owned and maintained children’s play structure or other similar improvement near the HOA fitness center as discussed by the developer during the PUD concept review. The 2nd Addition Final Plat required that the play structure near the HOA fitness center be installed prior to the application for the 3rd Addition Final Plat. As noted above, the developer as not yet installed the required play structure and so staff is recommending the City require the developer install the play structure in Outlot D of the 2nd Addition before the release of building permits in the 3rd Addition. This is consistent with the revised condition of approval approved by the city earlier this year. 11. That a fee in lieu of park land dedication be paid to the City based upon an appraisal by an appraiser to be chosen by the City and paid for by the developer. Also, that a 30 ft. wide trail corridor be dedicated to the City centered on public trails in the development and that the value of the dedicated land be credited toward any fees in lieu of parkland dedication. The park land dedication shall not include wetlands, wetland buffer area, and no credit will be given for land beyond the 30 ft. centered on public trails. And lastly, that the cost of constructing any public trails within the dedicated park land be credited towards any fees in lieu of park dedication. The portion of park land dedication fee due for the 3rd Additional Final Plat has been calculated and added as a proposed condition of approval. As stated in previous sections of this report, there is no portion of the 30-foot wide trail corridor in this phase and therefore no credit to the fee is due. 8 12. That a trail phasing plan be submitted by the developer to be approved by City Staff and that the public trails be constructed within each phase prior to building permits being issued for that phase of development. This condition has not yet been met as the developer has not paved the required trail. City staff agreed to allow the developer to pave the trail in spring to help ensure a better finish rather than having the developer install the trail this fall as it was cold and wet – making a proper installation of the pavement difficult. 13. That a 10’ wide trail segment be provided from Palmer Drive (on preliminary plans) to the east edge of the plat within the County Right-of-Way. This condition has been met. 14. That the Tree Preservation Plans and Preliminary Landscape Plans be updated to comply with the City’s tree preservation requirements and the City’s landscape requirements for review and approval by the City prior to recording the Final Plat. The developer has submitted updated Tree Preservation and Preliminary Landscape Plans approved by the City. Additional comments from the City’s Landscape Architect specific to the 3rd Addition are attached to this report. 15. The developer consider woodland management and pollinator friendly native seeding in lieu of some required tree preservation replacement tree requirements as recommended by the City’s Landscape Architect. The developer requested and the City approved a Development Agreement amendment which no longer requires that trees planted within single family lots be warrantied. This reduced the number of trees required within the development from 3,800 to 2,900. The developer also submitted, and the City approved a preliminary landscape plan which further reduces the number of trees within the development from 2,900 to 1,943. The developer will be required to pay a park land dedication fee of $500 per 2.5 caliper inch tree not planted within each addition, totaling $478,500 for the entire development. The portion of park land dedication fee associated with the 3rd Addition is calculated and included as a condition of the 3rd Addition Final Plat. 16. All changes and modifications to the plans requested by the City Engineer in the Engineer’s report dated, March 8, 2017 and June 1, 2017 shall be incorporated into the preliminary plat and PUD plans. The developer has submitted updated preliminary plat and PUD plans that have been approved by the City. 17. The Preliminary Plat approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution. It is a recommended condition of Final Plat approval that the developer meet all City standards and design requirements. 18. The developer shall comply with all comments identified within the Washington County letter dated March 6, 2017, including providing an additional 17 feet of right-of-way along 10th Street N. and constructing turn lane improvements meeting Washington County standards at the developer’s sole expense. It is a recommended condition of Final Plat approval that the developer comply with these comments. This condition does not apply to the 3rd Addition. 9 19. That the preliminary PUD Plans be approved by Valley Branch Watershed District and that evidence be provided that all conditions attached to a Valley Branch Watershed District permit be provided prior to the commencement of any grading activity on the site. The preliminary PUD Plans were approved by the Valley Branch Watershed District, and grading activity on the site has already commenced. 20. That open space within the shorelands of the residential development be protected with a conservation easement and that conservation easements be provided for review by the City Attorney and to be executed prior to Final Plat approval. It is a recommended condition of Final Plat approval that the developer provide these easements on Outlots H, F, E, B, D, C, A, L are all within the shoreland. None of the identified outlots from the Preliminary Plat are located within the 3rd Addition Final Plat; therefore this condition does not apply to the 3rd Addition Final Plat approval. 21. That golf carts shall be prohibited on city streets and city trails unless specifically allowed by City Ordinance. The City approved an ordinance which allows golf carts on local streets through the adoption of Ordinance 08-209 on May 15, 2018. 22. Prior to the issuance of building permits all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. This is a recommended condition of Final Plat approval. 23. The applicant must provide the city a letter of approval to perform the proposed work in the gas pipeline easement within the development area as a condition of preliminary plat approval. This condition is not applicable to 3rd Addition. 24. Prior to the construction of any subdivision identification signs or neighborhood markers within the development, the developer shall submit sign plans for review and obtain a sign permit from the Planning Department. This is a recommended condition of Final Plat approval. 25. That the preliminary plat be updated to include street names that are consistent with the City’s street naming ordinance and approved by the City Council. This condition is met; see approved street naming conventions above. 26. 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 prior to the commencement of any grading or development activity on the site. This is a recommended condition of Final Plat approval. 27. The developer shall enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of Final Plat and PUD plan 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. This condition has been met. 10 28. The developer shall submit a revised preliminary plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for Final Plat. This condition has been met. 29. That approval of the preliminary plat be contingent on Street D access to 10th Street. This condition has been met and does not apply to the 3rd Addition. 30. That the Royal Golf Club development will not have street lights except at street intersections and cul-de-sacs. This is a recommended condition of Final Plat approval. 31. That the developer work with the adjacent property owners to get an agreement in place for screening and that it be incorporated into the final landscape plans. The developer has had landscape plans approved by the Homestead neighborhood, and the submitted landscape plans for Final Plat are consistent with this approved landscape plan. 32. That the developer address the Public Works Director’s concerns as they pertain to the lift station designs as identified in a Public Works memorandum dated 5/19/2017. This condition has been met. 33. That a $1,000,000 donation to the Parks fund will be made with the phase of development when the former Tartan Park ballfields are no longer able to be used by the City. Development of the 3rd Addition affects the ballfields at former Tartan Park, therefore this requirement is added as a condition of Final Plat approval for the 3rd Addition. The developer will be required to make this donation to the City at the time the ballfields become unusable by the City (this includes storage of construction material, etc.) and before the City releases the final plat for recording. Recommended Findings. Staff recommends the following findings: 1. That all the requirements of City Code Sections 153.07 and 154.759 related to Final Plat and Final PUD Plans have been met by the Applicant. 2. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are generally consistent with Preliminary Plat and PUD Plans approved by the City of Lake Elmo on June 6, 2017. 3. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 4. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with the City’s GCC - Golf Course Community zoning districts as modified by the PUD regulations. 5. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat PUD Plans comply with the City’s subdivision ordinance. 11 6. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans comply with the City’s Planned Unit Development Regulations. 7. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans comply with the City’s Engineering Standards, except where noted in the review memorandum from the City Engineer dated November 19, 2018 and modified by PUD regulations. 8. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with other City zoning ordinances, shoreland, and erosion and sediment control, except as noted in this staff report and review memorandum from the City Engineer dated November 19, 2018. 9. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with the City’s landscaping and tree preservation ordinances, providing some flexibility to the Applicant to allow for woodland management and pollinator friendly native seeding in lieu of some required tree replacement in order to avoid possible detriment caused by over planting. 10. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans achieve multiple identified objectives for planned developments within Lake Elmo. 11. That the proposed Final Plat and PUD Plans are for the 3rd Addition of 67 single family residential units of a 291-unit total residential golf course community Planned Unit Development on 103.7 acres of land (of 231 acres total) located on the former 3M Tartan Park properties. 12. That the Final Plat and PUD Plans will be located on property legally described on the attached Exhibit “A”. 13. That there has been significant public testimony that 20th Street is already dangerous without the additional traffic and that the City and developer need to explore ways to make the road safer. 14. That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land, and will specifically relate to existing zoning district standards in the following manner (with exceptions as noted): a. Setbacks: i. Royal Golf Club at Lake Elmo Setbacks 15. 16. 100 Ft. Wide Lots 17. 80-90 Ft. Wide Lots 18. 55-65 Ft. Wide Lots 19. Front 20. 30 ft. 21. 30 ft. 22. 20 ft. for side loaded garages, or 25’ 23. Side 24. 10 ft. 25. 10 ft. 26. 10ft. house/5ft. 12 garage or 7.5 ft./7.5 ft. 27. Corner Side 28. 15 ft. 29. 15 ft. 30. 15 ft. 31. Rear 32. 30 ft. 33. 30 ft. 34. 20 ft. a. Maximum Impervious Coverage: The maximum impervious coverage for 55- 65’ wide lots shall be 50%. All other lots shall have a maximum impervious coverage of 40%. b. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the development shall be 6,600 sq. ft. c. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in area at the ground floor level except by conditional use permit. The width of the visible garage door area when closed shall not exceed 60% of the principal building façade (including garage) fronting on the primary street. d. Subdivision Identification Signs: The Royal Golf Club at Lake Elmo residential subdivision shall be allowed up to a maximum of 4 subdivision identification signs, including the identification sign for the golf course entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10 feet to any public right-of-way. In addition, neighborhood identification markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify the development logo and the name of the neighborhood. Additional subdivision signs should be considered for a subdivision of this size. i. Staff Note: If the developer requests a change to this, a variance should be requested. e. All other requirements for the City’s GCC – Golf Course Community zoning district will apply, including the allowed uses and other site and development standards. f. That the proposed street names within the development are generally consistent with the City’s Street Naming Policy as amended April 17, 2018. g. The developer has not yet constructed an HOA-owned and maintained play structure as required by the original condition of approval of the 2nd Addition Final Plat. Recommended Conditions of Approval. Staff recommends the following conditions of approval: 1. That there shall be no encroachments to drainage and utility easements on residential lots other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement. 2. Prior to the execution of Final Plat, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that 13 delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 3. The Royal Golf Club at Lake Elmo 3rd Addition shall be incorporated into the Common Interest Agreement concerning management of the common areas and establish a homeowner’s association (HOA) which shall be submitted in final form to the Planning Director before any building permit may be issued for any structure in any phase of the development. Said agreement shall comply with Minnesota Statues 515B-103 and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall include required maintenance of wetland buffers. 4. That the HOA documents include architectural requirements that require four-sided architecture and garages facing the public rights-of-way to have windows and/or other architectural features. 5. The applicant shall enter into a landscape license and maintenance agreement with the City that clarifies the individuals or entities responsible for landscaping. 6. The developer shall provide evidence of an HOA owned and maintained children’s play structure or other similar improvement has been constructed within Outlot D of the 2nd Addition before the release of building permits for the 3rd Addition. 7. That a fee in lieu of park land dedication be paid to the City based upon an appraisal by an appraiser to be chosen by the City and paid for by the developer. 8. That the developer pay a parkland dedication fee equal to $500 per 2.5 caliper inch required in lieu of some required tree preservation replacement tree requirements, totaling $111,552.00 in lieu of planting the required number of trees required. This fee was calculated as follows: $500.00 multiplied by 969 2.5-caliper inch tree not planted within the entire subdivision, divided by 291 single family lots within the entire subdivision, multiplied by 67 single family lots within the 3rd Addition. 9. All changes and modifications to the plans requested by the City Engineer in the Engineer’s review memo dated November 19, 2018 shall be incorporated into the Final Plat and PUD Plans. The Applicant should note the requirements for VBWD permits for temporary storm water management. 10. The Final Plat and PUD Plans approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution. 11. Prior to the City issuing building permits, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. 12. Prior to the construction of any subdivision identification signs or neighborhood markers within the development, the developer shall submit sign plans for review and obtain a sign permit from the Planning Department. Any amendments to the finding regarding signs indicated in this Resolution shall be subject to a PUD amendment or variance. 13. That the Final Plat include street names as approved by Council. 14. 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 14 watershed districts prior to the commencement of any grading or development activity on the site. 15. That the Royal Golf Club development will not have street lights except at street intersections and cul-de-sacs. 16. That the developer make a $1,000,000 donation to the City Parks fund when construction of the 3rd Addition prohibits use of the former Tartan Park ballfields, including construction materials storage and before the city releases the 3rd Addition final plat for recording. 17. The location and spacing of the trees that overlap the buildings and on edge of driveway when shown at mature diameter is adjusted and resubmitted on a revised landscape plan, per the Landscape Review memo, dated November 8, 2018. 18. The developer shall pave the unfinished trail in the 2nd Addition as soon as favorable conditions are available in the spring of 2019. The City may choose to not release building permits for the 3rd Addition in the spring of 2019 if the developer has not completed the required trail paving in a timely manner. EASEMENT VACATION Reason. The Applicant is requesting an easement vacation over Outlot T of Royal Golf Club at Lake Elmo. These drainage and utility easements were dedicated to the City with the Final Plat. This outlot will be re-platted with the 3rd Addition. In order to avoid “stacking easements” and to keep the title clean for future owners/users of the parcels, the Applicant is requesting that the easements be vacated with dedication of new easements. Outlot T will be dedicated right-of-way, residential lots, and become Outlot C for wetland and future development of the 4th Addition. Recommended Condition of Approval. Staff is recommending approval, subject to the following condition of approval: 1. New easements on Outlot T as requested by the City Engineer and Public Works Director shall be recorded with the Royal Golf Club at Lake Elmo 3rd Addition Final Plat. RECOMMENDATION: Staff recommends that the City Council approve the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans, as well as the easement vacation request, based on the findings of fact and conditions outlined in the Staff Report. “Move to approve the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans based on the findings of fact and conditions outlined in the Staff Report.” “Move to approve the easement vacation request to vacate existing drainage and utility easements over Outlot T, subject to conditions of approval.” 15 ATTACHMENTS: 1. Final Plat Application and Narrative – October 15, 2018 2. 3rd Addition Final Plat 3. City Engineer’s Review Memo – November 19, 2018 4. 3rd Addition Landscaping Plans 5. Landscape Architect’s Review – November 8, 2018 6. Easement Vacation Application – October 16, 2018 T IIE C ITY O F U\KEELMO FINAL PLAT APPLICATION REQUIREMENTS 1 All Subdivisions of Land creating four (4) or more lots This h andout is intended to provide guidance on putting together and submitting a Final Plat appl ication for the subdivision of property in Lake Elmo. The purpose of the Final Plat is to incorporate all conditions placed on the Preliminary Plat application into th e final plans, and to finalize a ll documentation for legal recording at the County. This steps completes the subdivision process. In order to have your Final P lat application be complete and reviewed in a timely fashion, there are a number of steps that must be followed: 1. Pre-submittal Meeting: Contact City Staff to discuss the status of any outstanding Preliminary Plat conditions, to discuss the requirements for Final Plat app lication submittal and obtain another land use application. 2. Final Plat Submittal: Prepare an informational packet (described herein) that fulfills the Final P lat submittal requirements . Providing a detailed and thorough app lication packet will greatly reduce the overall review time. Submit your completed packet to Staff to initiate review. 3. Completeness Review: Staff will examine your submittal to determine if the application is complete, and contact you if additional information is required or was omitted. It is to your advantage to submit your materials as early as possible so Staff can assist you in meeting all requirements. Applications found to be incomplete will be returned to the applicant. 2 4. Final Plat Review/Processing: Staff will process completed applications. This process typically requires at least one applicant revision and resubmittal of plans to work through review comments. The process may also include additional applicant meetings, requesting review comments from partnering agencies, and writing reports. 5. Planning Commission Meeting: Once the plans are revised to full y meet the Zoning and Subdivision Ordinance and Engineering Design Standards as outlined by Staff, planning and engineering reports are prepared and the item is scheduled for the next available Planning Commission meeting (2nd or 4 th Monday of the month3). 1 The information provided in thi s document is intended to be a correct statement of the law as set forth in the Lake Elmo City Code and the laws of the State of Minnesota. However, the applicant should refer to the actual sources and consult with their own legal advisor regarding applicability to their application. In providing this information, the City makes no representations nor provides any legal advice or opinion. 2 Minnesota State Statute 15 .99 requires local governments to review an application within 15 business days of its submission to detennine if an application is complete and/or if additional information is needed to adequately review the subject request. 3 Staff will determine when applications are reviewed based on the time needed to review the application and the number of items already scheduled on future agendas. Please note that meeting dates are ange due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times. f'i,wl !'/in Ap11liwrio11 Handow Ci1_r u/Lake E/1110 6. Revisions: If needed, the Final Plat is revised to address the Planning Commission 's recommendation(s) and any outstanding review comments prior to City Council consideration. 7. City Council Meeting: Once the plans are finalized and ready for the City Council's consideration, staff reports are prepared and the Final Plat is placed on the next available City Council meeting agenda (1 st or 3rd Tuesday of the month3). Applicants are advised to attend both the Planning Commission and City Council meetings and be open to questions regarding the request. 8. Decision: The City Council will review the request and either grant or deny the Final Plat. 9. Title Work: If the Final Plat application is approved by the City Council, all title work must be reviewed and approved by the City Attorney before the plat is recorded by the County. The applicant shall provide evidence in a form satisfactory to the City Attorney that he/she has fee interest in the subject property. Above all else, it is imperative that an applicant begin preparations as early as possible and to ensure that a complete application is submitted. Review by the Planning Commission will not occur until at least three weeks have passed from when the City has deemed the application complete. Final Plat Fees: The City Council has established a non-refundable fee 4 for processing Final Plat applications. Please see the current fee schedule on our website. In addition, the City requires that the applicant enter into an Escrow Agreement with the City and post an $8,000 escrow to reimburse the City for all technical planning, engineering, public works and legal review. You will find that a great deal of the information requested for a Final Plat application matches the requirements for Preliminary Plat application submittal. While we have your original applications, the City does require that all applicants submit a new and complete application at every stage of the development process (updating information as needed). This allows us to track changes as the application progresses through the various levels ofreview. With this in mind, the following materials must be submitted prior to deeming an application complete: Sub: Reg: □ □ I. Item: A completed land use application form signed by all property owners along with payment of the proper filing fee, escrow and escrow agreement. 4 Applicant is also responsible for any additional fees incurred by the City (i.e. engineering, planning, po stage, legal expenses, et cetera). 2 F'inal Plat 1pp/icatiou Handout Ci(y of Lake Elmo D D 2. Written statements providing information regarding your proposal. Please provide a separate answer for each of the lettered items listed below ( answers must be submitted in both hard copy and electronic form--MS Word format or PDF): a. A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates. b. A listing of the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s). c. Final Subdivision and Lot Information: i. The name of the Final Plat. ii. A table listing the lot and block number, size of lot, width of lot, and depth of lot. iii. Final exact area calculations of parks, trails, and any other dedicated public open space; and estimated values of all dedicated land and improvements (trails, park equipment, sports fields, etc.). iv. Final exact area calculations of wetlands and buffers. v. Final proposed area calculations for all dedicated right-of-ways. vi. Proposed legal descriptions for: all lots, easements to be created (if not being dedicated on the plat), and easements to be vacated (if any). d. An explanation of how issues have been addressed since the Preliminary Plat phase of the development. e. A statement showing the final density of the project with the method of calculating said density shown. f. Discuss proposed infrastructure improvements and phasing thereof (i.e. proposed roadways, sewer systems, water systems, sidewalks/trails, parking, etc) necessary to serve the subdivision. g. If applicable, a narrative addressing how concerns/issues raised by neighboring properties have been addressed ( discussing your proposal with the neighboring land owners is recommended to get a sense of what issues may arise as your application is processed). h. If applicable, a description of how conflicts with nearby land uses (livability, value, potential future development, etc.) and/or disturbances to wetlands or natural areas are being avoided or mitigated. i. Provide justification that the proposal will not place an excessive burden on roads (traffic), sewage, water supply, parks, schools, fire, police, or other public facilities/services (including traffic flows) in the area. 3 Final Plat Application Handout Ci(Y uf Luke Eb'.~;. 0 0 3. Final Grading Plan: The developer shall submit a final grading, drainage and erosion control plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following information: D O 4. North arrow and date of preparation. D O 5. Graphic Scale ( engineering scale only, not less than one (1) inch equals fifth (50) feet). D D 6. For each lot, provide lot and block numbers, building pad location, building type and proposed building first floor elevation, low floor elevation and elevation at garage slab. 0 0 7. Stormwater Management Plan, with a narrative, including the configuration of drainage areas and calculations that meet the requirements of the City Code and/or applicable Watershed Standards. 0 0 8. Location of all natural features on the tract. Natural features are considered to include, but are not limited to the following: tree lines, wetlands, ponds, lalces, streams, drainage channels, bluffs, steep slopes, etc. □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Final Grading, Drainage and Erosion Control Plan continued: 9. All delineated Wetlands and watercourse buffers per the City and Watershed standards; and wetland replacement plan, if needed. 10. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within one hundred fifty (150) feet of the tract. Existing pipe type, grades, rim and invert elevations and normal and high water elevations must be included. 11. Normal water level (NWL) and 100-year high water level (100- year HWL) for all water bodies, existing and proposed. 12. Spot elevations at drainage break points and emergency overflows (in BOLD) with directional arrows indicating site, swale and lot drainage. 13. Retaining Walls (wall heights and elevations). 14. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds and BMP's proposed to serve the tract. 15. Locations and elevations of all street high and low points. 16. Street grades shown. 17. Provide phasing plan for site grading. 7 Final Plat Application (!cmc!~;;;1.tt _______________ _ ____ _;;C;,;aic;;;Y o;;:>f.;;L,ake Elnw. □ □ □ □ □ □ □ □ □ □ 7. Water Supply, Public: Water mains shall be provided to serve the subdivision by extensi,;m of an existing community system wherever feasible. Service connections shall be stubbed to the property line. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the engineering design standards as approved by the City Engineer and in accordance with the City's Comprehensive Water Plan. The Final Utility Plan shall indicate the location of all hydrants and valves. 8. Water Supply, Private: In areas where public water supply is not available, individual wells shall be provided on each lot, properly placed in relationship to the individual sewage disposal facilities. Well plans must comply with the State Well Code, as may be amended, and be submitted for the approval of the City Engineer. 9. Sewage Disposal, Public: Sanitary sewer laterals and service connections shall be installed in accordance with the design standards of the City as approved by the City Engineer. The Final Utility Plan shall provide the locations, grades, rim and invert elevations, and sizes of all proposed sanitary sewer facilities to serve the tract. Final Utility Plan continued: 10. Sewage Disposal, Private: All individual sewage treatment systems shall be installed in accordance with all applicable State, County, and City requirements. 11. Other information as required and outlined in the City Plan Sheet Format Requirements. D Final Street & Storm Sewer Plan: Sub: Reguired: Item: D D I. Appropriate identification of the drawing as a "final street & storm sewer plan." D D 2. Administrative information as required for the preliminary plat D D 3. Final Street and Stonn Sewer Plan, prepared and signed by a Minnesota licensed engineer, depicting the following information: D D 4. Layout of proposed streets showing the proposed lot lines, right- of-way widths, and proposed names of streets in conformance with the County Uniform Street Naming and Addressing System. 9 Final Plut Application lf~1;do_,;;;u1_, __ _ City of Lake Elmo. -------------------------'--"----· 0 0 4. Indicate how the proposed subdivision will relate to potential future subdivisions of adjacent properties (you may need to ghost plat development on adjacent properties to establish this relation). 0 Electronic files Sub: Required: Item: 0 0 1. A cd or flashdrive must be submitted which includes electronic files for the written statements regarding the proposal, the plat and all associated plans. Staff can generally work with most file formats (.jpg or .pdf files are preferred). Sub: Reg: Item: □ □ 4. □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Supplemental Information. Depending upon the submittal, the following items may also be required: Feasibility report(s) for proposed individual on-site sewer and water systems. Such reports will be required with any future plat; Supplemental Information continued: Proposed protective covenants; Ten (10) copies of a context diagram that graphically depicts how the development plan relates to its surrounding neighborhood or community context including the pedestrian, bike, and street (vehicular access) network (existing and potential); A Traffic Impact Study (TIS) ( 6 copies) prepared in accordance with State, County and/or City Engineering guidelines; A soil survey and report; Signed letters of intent indicating that all required off-site easements and off-site rights-of-way necessary for the project could be negotiated and obtained; A hydrological/groundwater report; Any other special natural area or environmental study or report pursuant to Lake Elmo Code as requested by the City, if such exists or is deemed necessary; 12 Final Plat Applic:ati,'!n Handow Cizv vf Lake Elmo □ □ Any other information required by Staff, Commissioners, or Council Members necessary to provide a complete review of tbe preliminary plat and associated plans 7. Additional items include: Sub: Reg: Item: □ □ 5. Variances: If you are requesting variances in any portion of the submitted Final Plat, the City asks that you list each of tbe requested variances and provide an explanation as to why each is necessary and cannot be avoided. Additionally, you must provide written answers to the following questions: (I) Identify the unusual hardship on tbe land tbat necessitates tbe variance request; and (2) Explain the nature of the proposed use of land and the existing use of land in the vicinity of the property; and (3) Estimate the number of persons to reside or work in tbe proposed subdivision; and (4) Indicate tbe anticipated effect of the proposed subdivision upon traffic conditions in the vicinity. Sub: Reg: Item: □ □ 6. Additional Applications: If your request involves a rezoning request, additional applications will be required. □ □ Zoning Map Amendment Application Upon City Council approval of Final Plat, and prior to any construction commencing, a pre- construction meeting must occur for botb grading and street utility construction. These meetings may be combined into one meeting provided all items on both check lists are completed. Pre- construction meetings may not occur before tbe City Council approves tbe Final Plat and Development Agreement. Checklist for Pre-Constructiou Conference for Grading I. 2. □ □ Payment of Development Fees Issuance of securities on City of Lake Elmo approved form 7 Number of copies, size, and other such administrative details may also be imposed when requiring additional information. 13 Final Plat Applica._li_o,_, f_I_w_ul_01_1t ______________ _ Ci(y of Lake Eb-no 3. 4. 5. 6. 7. 8. □ Copy of Certificate of Insurance for both Developer and General Contractor identifying City of Lake Elmo as additional insured on City of Lake Elmo approved form □ Copy ofNPDES card □ Grading specifications □ Proposed construction schedule □ List of subcontractors and contacts □ List of materials and suppliers Prior to grading operations commencing, contractor shall install all perimeter erosion control and other required erosion control best management practices and have the site inspected and approved by the City of Lake Elmo's Water Resource Manager. Checklist for Pre-Construction Conference for Streets and Utilities I. 2. 3. 4. 5. 6. 7. 8. 9. □ □ □ □ □ □ □ □ □ Payment of Development Fees Issuance of securities on City of Lake Elmo approved form Street and Utility Pre-Con Checklist continued: Copy of Certificate of Insurance for both Developer and General Contractor identifying City of Lake Elmo as additional insured on City of Lake Elmo approved form Approved construction plans and specifications. (Note: these may not be the same as the approved Final Plat Street and Utility Plans. Questions about construction plans and specifications should be directed to the City Engineer) Minnesota Department of Health Watermain Permit Minnesota Pollution Control Agency Sanitary Sewer Extension Permit Proposed construction schedule List of subcontractors and contacts List of materials and suppliers 14 Final!'fa!APP/iC(l(ion Han_d_o_111_. ________________ , ________ C"""i~v.ef~ State Statutes provide City staff with fifteen (I 5) business days to review an application to determine if it is complete. Applications found to be incomplete will be returned to the applicant. Please contact staff at (651) 747-3900 if you have any questions. Thank you! This handout last updated on 6/9/2016 15 Washington ~-a County PARCEL SEARCH APPLICATION PUBLIC WORKS DEPARTMENT SURVEY DIVISION 11660 Myeron Road North Stillwater, Minnesota 55082 PHONE (651) 430-4300 EMAIL Publicworks@co.washington.mn.us I Payment Date: I Parcel Search File No: Chec ks pa yab le to WASHING TON COUNTY ~I _Pa~y_m_e_n_t T_y~p~e_: -----~ REQUEST FOR SURROUNDING PROPERTY OWNERS AND ADDRESSES List of owner names and addres ses for parcels located withi n 350 feet of: Parcel Identification Number(s): City of Lake E lmo will mail out Property Owner Royal Developme nt Inc. Emai l afurlonoln)rovalclubmn.com Applicant (if different than owne r) Business (if applicable) Mailing labe ls Yes ✓ No # of sets of labels: Parcel Search Fees Property Address -City, State and Zip 11 455 20th Street N , Lake E lmo, MN 55042 Phone 651-505-9079 M a iling Addres s -City, State and Zip Date needed: Mail report Pick up report P hone 1st 25 parcels, including subject parcel ($50.00) $ ____ _ # of additional parcel s __ x .50 l sheet of 30 labels ($1.00/set) # of additional s heets of labels x 1.00 Postage, if parcel search is mailed ($2.00) Fe e, if parcel s earch is faxed ($2 .00) Amount due: Total # of parce ls ___ _ Total # of labels Completion date Service Rep $ ____ _ THIS INFORMATION WAS COMPILED FROM WASHINGTON COUNTY SURVEYOR MAPS AND COUNTY ASSESSOR DATA FILES. THE SURVEYOR'S OFFICE IS NOT RESPONSIBLE FOR ANY INACCURACIES IN THE INFORMATION RELIED UPON IN THIS PARCEL SEARCH. A n Eq ual Employ m e nt Opportunity/Affirma tive A c tio n E m p loyer J :\I.ANOUSE\lin:il\Ap pFomu\A1>ps\Parcel Se an:h App po.It' l'I It: CITY OF U\KEELMO City of Lake Elmo Escrow Agreement for Municipal Review Services Deposit Agreement THIS AGREEMENT is made this J1_ day of Qc.Job.,.r 201 tJ by the Applicant and Owner (hereinafter individually and collectively referred to as "Applicant") in favor of the City of Lake Elmo, a municipal corporation of Minnesota (hereinafter referred to as "City"). A. "Applicant" whose name and address is: Royal Development Inc. 11455 20th Street N ' Lake Elmo MN 55042 B. "Owner" whose name and address is: H.C. Golf Land. LLC. 941 Hillwind Rd NE STE 301 Fridley. MN 55432 RECITALS WHEREAS, the Applicant has applied to the City for approval for one or more of the following: (Circle One) D 1. Concept/ Sketch Plan D 2 Preliminary Plat [!] 3. Final Plat D 4. Planned Unit Development D 5. Open Space Development D 6. Conditional Use Permit D 7. Commercial Zoning / Use D 8. EAW Review WHEREAS, the App licant acknowled ges the receipt of benefit to the property, from the City's technical and compliance review of the application; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapte r s 412 and 462 , the City will process the application on the condit ion that the App licant enter into this Deposit Agr ee ment, which agreement defines certain duties and respo nsibilities of the Applicant, as well as the City; and the Applican t shall provide cash to the City in the amount satisfactory to the City; and provide security to the City for the payment of all review costs incurred by the City. NOW THEREFORE, the City and Applicant agree as follows: 1. Requirement. The Applicant is required to make the necessary deposits prior to the process of municipal planning, public works, legal & engineering review commences. 2. Review Process. Applicant acknowledges and agrees that the City shall commence to review and process the review request checked above at such a time that this Agreement is executed by all parties and the cash required for the specific review is deposited and posted by the City's Finance Department. The City may provide a review completion schedule to the Applicant at the time of deposit. The City reserves the right to modify the schedule based on the completeness of the application, the need for additional information for review, or revisions to the application that may occur during the scheduled review. 3. Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs in connection with reviewing the application. The City shall determine .all of its costs, including both administrative and consulting services, at the rates charged by the City or its consultants, determined according to the City's adopted fee schedule. A copy of the current administrative and consulting rates is attached as Exhibit "A", which rates are subject to change by the City, without notice to the Applicant. Exhibit "A" should not be construed as an exhaustive list of consultants and Applicants shall be responsible for all other consulting fees related to the application. The City shall provide Applicant with the applicable rates for consultants used in the review prior to commencement. This Agreement does not pertain to ancillary charges incurred by reviewing of other governmental bodies, including but not limited to, Soil & Water Conservation Districts, Washington County Government, Water Shed, or any other unit of government that may, by right,have review authority. 4. Conditions of Deposit. The following stipulations and conditions shall apply to the deposit account for review services contemplated under this Agreement. a. Payment shall be made to City consultants, included but not limited to legal and planning, in the amounts billed to the City, according to consulting rates in effect at the time of the execution of the agreement. Such consulting deemed necessary for the proper review of the application shall be at a usual and customary rate as it relates to the subject matter of the application for payment as determined by the City. b. The City shall reimburse itself from deposit accounts for all costs and expense incurred by the City in connection with the implementation and enforcement of this Agreement. Reimbursement shall occur on a monthly basis and the City's Finance Department shall notify Applicant of the reimbursement via account reconciliation report. c. The City shall not be responsible for paying any interest on the money deposited under the Agreement. d. If in the discretion of both the City's Finance Department and the Community Development Department, there is deemed to be an inadequate balance in the deposit account to pay for all fees and costs incurred by the City, the City will notify the Applicant for the need for an additional deposit. The total of the additional deposit shall be calculated by City staff based on the amount of work yet to be completed in the review of the application. Applicant agrees to make the additional deposit within (10) days of a receipt of such notice. For purposes hereof, receipt of notice shall be deemed made upon the depositing of the notice in the U.S. Mail, postage paid. In the event, the Applicant fails to make the additional deposit with (10) days of receipt of the notice, the City will terminate its review process and not re-commence until the appropriate deposit is made and posted by the City's Finance Department. e. No applications will be processed or forwarded to the appropriate governing reviewing body by the City until all amounts due under this Agreement have been paid in full. 5. Positive Balance in Escrow Accounts. Upon the happening of any of the following events, the balance in the deposit account less outstanding fees shall be paid to the Applicant within (90) days of receipt by the City of a written request by the Applicant for payment: (1) completion of the development process; or (2) the application is withdrawn by the Application; (3) the applicant is denied by the City for any reason. 6. Deposit Amounts. The initial deposit amount contemplated for each the purposes described under the Agreement, which may be revised by the City from time to time, are set forth for Exhibit "B" attached hereto. 7. Accounting. If there has been activity in the account, the City will provide a monthly accounting of all expenses charged against the account or when requested by the Applicant. An accounting will also be provided when the City notices the need for an additional escrow deposit. 8. Terms of Breach. In the event of any terms of this Agreement are breached by the Applicant, including, but not limited to failure to make additional deposits when required by the City, the City may cease processing any application submitted by the Applicant or order the Applicant to cease any further development or progress under the terms of this Agreement, or both. Applicant indemnifies and holds the City harmless from any liability, claim, action or suit by or any obligation to the Applicant arising from or in connection with the City exercising or enforcing the terms and conditions of this Agreement or action on the Application. The Applicant shall pay all costs and expenses; including reasonable attorney fees and suit costs, incurred by the City arising from or in connection with the City any terms and conditions of this Agreement. 9. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portion of this Agreement. 10. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the parties referenced in this Agreement. 11. Amendments. The terms of this Agreement shall not be amended without the written consent of the City and all parties hereto. [ Signature Page Follows] CITY OF LAKE ELMO By: Kristina Handt Its: City Administrator Attest: Julie Johnson, City Clerk STATE OF MINNESOTA ) 55. COUNTY OF WASHINGTON ) On this __ day of ______ _, 201 , before me a Notary Public within and for said County, personally appeared _________ and ___________ to me personally known, to be the person described in and who executed the foregoing instrument and acknowledged that he/ she/ they executed that same as his/ her/ their free act and deed. Notary Public Exhibit A Outlot T, The Royal Golf Club at Lake Elmo, PIO: 25.029.21.22.0001 Outlot J, The Royal Golf Club at Lake Elmo 2 nd Addition, PIO: 25.029.21.31.0041 The Royal Golf Club at Lake Elmo 3rd Addition Lot Block Area (sq. ft.) Lot Width Lot Depth 1 1 13,665 110.6 139.5 2 1 8,788 64.0 135.1 3 1 8,719 63.7 134.7 4 1 10,218 63.9 134.5 5 1 10,733 60.4 134.5 6 1 10,369 59.5 134.5 7 1 13,995 130.3 129.3 8 1 13,587 73.2 143.3 9 1 10,239 78.3 137.2 10 1 10,149 50.7 154.3 1 2 11,958 69.7 134.5 2 2 8,608 64.0 ,134.5 3 2 8,866 64.4 134.5 4 2 10,579 62.0 137.1 5 2 11,014 62.0 143.8 6 2 12,349 57.1 147.5 7 2 10,481 62.5 132.1 8 2 10,618 98.7 151.4 9 2 9,278 62.9 154.2 10 2 8,151 63.6 130.6 11 2 7,929 63.4 126.9 12 2 9,698 108.1 123.7 1 3 12,399 55.0 131.5 2 3 8,055 61.3 137 3 3 7,621 62.8 126.4 4 3 7,757 64.2 127 5 3 9,203 58.5 133.9 6 3 10,266 61.6 125 7 3 9,577 64.2 126.6 8 3 8,023 64.2 128.1 9 3 8,095 64.2 129.1 10 3 7,988 68.0 125.8 11 3 8,784 62.3 143.1 1 4 18,893 126.4 185.9 2 4 21,360 100.5 211.1 3 4 25,251 100.0 255.1 4 4 25,018 100.0 250.8 5 4 22,769 100.0 228.9 6 4 20,016 100.0 200.5 7 4 17,272 100.0 172.8 8 4 16,225 102.1 152.2 9 4 15,128 101.4 151.7 10 4 15,191 100.0 152.1 11 4 15,158 100.0 152.8 12 4 15,507 108.4 151.5 13 4 15,240 104.3 150.5 14 4 15,277 104.7 150.9 15 4 15,110 101.8 150.3 16 4 15,578 109.7 152 17 4 15,626 110.4 152 18 4 15,396 106.3 151.6 19 4 15,000 100.0 150 20 4 18,007 100.0 150 21 4 19,108 100.0 150 22 4 19,228 100.0 150 23 4 15,726 100.0 150 24 4 15,000 100.0 150 25 4 15,359 107.1 150.3 1 5 14,216 92.4 149.3 2 5 13,842 90.1 149.3 3 5 13,651 90.0 149.9 4 5 14,158 90.1 148.6 5 5 13,643 90.1 143 6 5 13,232 94.1 138.8 7 5 14,933 124.7 145.2 8 5 15,393 131.1 145 9 5 17,035 104.5 144.5 Total Lot 895,305 Outlot A 234,579 Outlot B 17,672 Outlot C 3,081,280 Total Outlot 3,333,531 Right of Way 288,324 TOTAL 4,517,160 Measured 4,517,160 Difference o Wetland Area 207,059 ~/ ✓ THE ROYAL CLUB October 15 , 2018 Mr. Ben Prchal Director of Planning City of Lake Elmo 3 800 Laverne Ave. N. Lake Elmo, MN 55042 Re: Final Plat/P.U.D. Narrative -The Royal Golf C lub at Lake Elmo Dear Mr. Prchal, H .C. Golf Land, LLC and Royal Development, Inc. is pleased to s ubmit herew ith our application for final plat and planned unit development approval for Phase III at The Royal Club at Lake Elmo. H.C. Golf Land and Royal Development woul d like to extend their sincere thanks to the City of Lake E l mo, its City Council, its Advisory Committees and its staff and consultants for their direction, cooperation and assistance in moving the RGC to this juncture. The following narrative will set out the basic elements of the p lat, address those information items requested in the appl ication forms and those items w hich will need collaboration between us as we move this plat to final acceptance. Owner H.C . Go lf Land, LLC is the current fee owner of the underly ing propetiy (Outlot T of The Royal Go lf Club at Lake Elmo and Outlet J , The Royal Golf Club at Lake Elmo 2 nd Addition). As soon as the final plat is recorded H.C. Golf Land, LLC wi ll retain ownership of Outlot C of the 3 rd Addition and transfer fee ownership of the lo ts/b locks to Royal Development, Inc., with Outlots A and B being transferred to the h o meowner's association or the City, as the City directs . Based on this current ownership and in tended immediate transfer, the "App licant" under the appl ication is Roya l Development, Inc. and the "Owner" is H.C. Golf Land, LLC. A ll additional documents should be prepared under the Royal Development, Inc. name as it is the developer and wi ll be fu lfilling the ob li gations as set forth in those agreements. ll Page ~ / .T THE ROYAL CLUB Existing Zoning The property has been zoned GCC (Golf Course Community) by the City of Lake Elmo. Plat Area/Ownership/Description The property is owned by H.C. Golf Land, LLC and is comprised of two parcels w ho se current P.I.D. 'sand legal descriptions are attached hereto as Exhibit "A". The property has been divided into lots , blocks and outlots for the development of our Phase III, w ith additional outlots reserved for future phases of d eve lopment. Residential -Contained in Blocks l , 2 , 3, 4 , a nd 5 are 67 residential home site lots consisting of 34 traditional s ingle family detached lots and 33 -"Villa" lots for detached s ing le- family townhomes which wi ll have Villa Association -maintained lawns and exteriors as further noted below. Outlets -The final plat contains three outlots designated as Outlets A, Band C. Residential Setbacks The setbacks for the residential lots are consistent with the approved preliminary plat. Dedicated Rights of Way Within the plat, RGC is dedicating rights of way to the public in the amount of 288,324 SF for our new residential streets. Density Consistent w ith the approved preliminary plat, the net residential density of all phases of The Royal C lub is calculated as 291 approved units and 187 net residential acres y ielding a density of 1.56 units/net acre. Development Phasing We are proposing to develop RGC in four phases with the current 67 lots denoted as Phase III. 2 1 Page ~/ ✓ THE ROYAL CLUB Development Schedule Site grading for Phase III will commence Fall of 2018 or Spring of 2019. As to the golf facilities, we have finished the reconstruction of the I 8-hole championship golf course, the practice range, s hort course, and renovation s of the old 3M clubhouse. The clubhouse has been fully renovated for both golf and as an event venue. Trail Phasing Consistent with preliminary plat, RGC will be constructing and dedicating well over 10,000 lineal feet of paved trail throughout the entire development. Community Impacts Because of the size, complexity and scope of The Royal Club at Lake Elmo, the project triggered the need to complete an Environmental Assessment Worksheet (EA W) to re v iew the impacts to traffic, public facilities, public safety and environmental issues. The EA W was completed in October of 2016 for public review. At its January 17 , 2017 meeting, the City Council adopted Resolution 2017-007 issuing a negative declaration on any further environmental study and accepting the findings of fact on the EAW. We believe community impacts have been fully reviewed. Additionally, all wetlands on the property have been dealt with pursuant to Wetland Conservation Act and VBWD rules and regulations and all activities thereon have received appropriate permits. Phase III Streets and Utilities Phase III street and utility construction will service the Phase Ill residential lots. Home Styles The Royal Golf Club community will feature a wide variety of high quality, custom-built homes in a variety of complimentary s tyles . Declarations of Protective Covenants Because of the variety of home styles and privately held common areas at RGC, we have created a Master Homeowners Association ("MHOA") whose m embership includes all 3I Page ~/ ✓- THE ROYAL CLUB residential lots in Phases I and II and will include all residential Phase III lots and all future phase residential lots. Its responsibilities will include such things as maintenance of private trails/ common area landscaping, open space and entry signage in addition to the maintenance of the future fitness /recreation center and the maintenance of property line-crossing retaining walls. The MHOA declaration will also contain the architectural standards consistent with preliminary plat conditions. Sub a ssoc iations for the Villa Home (Villa HOA'S) neighborhoods have been or will be formed depending on the villa builder's practices. These Villa HOA's will have responsibility for lawn/driveway and open space maintenance and the maintenance of the Villa home exteriors to assure a consistency in neighborhood appearance. Lastly, the MHOA will assume all architectural review responsibilities upon turnover of the MHOA from developer control to resident control consistent with the terms of Minnesota statutes. Landscape As a part of the Phase III development agreement, RGC and the City will enter into an agreement wherein RGC assumes planting res pons ibilities for trees required by the City as proposed in the landscape plan. Park Fees The development portion of RGC is 231.25 acres with a net buildable are of 186.92 acres. The appraised value of this property, as determined by an appraisal commissioned by the city , is $8,000 ,000. Per City of Lake Elmo policy, a park dedication of 10.0% or fee in lieu of land dedication of 10% of the value is r e quired with development. RGC and the city jointly have decided to not have city-owned parks within the development, thus obligating RGC for cash payments totaling $800,000.00 over the span of the development phases. RGC will receive credit against each phase's park fee for constructing trail s and appurtenant items s uch as turf establishment, retaining walls and ADA pedestrian ramps along with the dedication of the land for a 30-foot wide trail corridor. The RGC will provide the city with support calculations to determine the actual cash fee in Phase III to be paid with this application and in future phases as those phases are platted . 41 Page ~/ ✓- THE ROYA L CLUB Conservation/Ponding Maintenance Agreement RGC and the City have determined that there w ill be no s torm water pond in g faci li t ies constructed in Phase III. In future phases should C ity outlots lie within shoreland districts, conservation easements wi ll be entered into . Easement Vacation We are proposing to vacate the exis ting drainage and utility easements, as created and dedicated on the orig in a l Royal Go lf Club at Lake Elmo plat (l51 Addition), ly ing over Outlot T (see attached for details). With our 3rd Addition s ubmittal, we wi ll be re-platting this Outlot, and, in doing so, will be recreating new drainage and utility easements over the new parcels. The easement vacation is needed to avoid creating and 'stackin g' easements o n top of easements. The new easements w ill be the same s ize (or larger in some cases) as the vacated easements. Thus, the City does not lo se any drainage and utility easement areas. We also need to do this to keep the title clean for future owners/users of the parcels. SI Page ~/ ✓- THE ROYAL CLUB Our pledge to the City is to create a premium golf community with a national reputation of which a ll of Lake E lmo will be proud. We stand prepared to provide you with any further items you deem necessary as the development agreement and PUD take form and as we move forward with development activity. Sincerely, The Royal Golf Club at Lake Elmo By: H.C. Golf Land, LLC By: Its: 61 Page KI N G RO Y A L V A R D N O R T H BO U L E PAL M E R NOR T H ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADDITION DR I V E PA L M E R DR I V E NORTH LA N E NORTH KI N G L A N E NO R T H VICINITY MAP INSET 'B' (SEE SHEET 2 OF 3 SHEETS) INSET 'C' (SEE SHEET 3 OF 3 SHEETS) COURT ROYAL VARD NORT H BOULE P A L M E R N O R T H KINGS ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADDITION P A L M E R D R I V E D R I V E N O R T H NOR T H QU E E N S COUR T NO R T H VICINITY MAP INSET 'B' IN S E T L I N E (Se e S h e e t 3 o f 3 S h e e t s ) ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADDITION P A L M E R D R I V E NO R T H N O R T H D R I V E PALMER VICINITY MAP INSET 'C' IN S E T L I N E (Se e S h e e t 2 o f 3 S h e e t s )   PAGE 1 of 2  MEMORANDUM           Date:  November 19, 2018      To:  Ben Prchal, City Planner  Re: Royal Golf Club 3rd Addition – Final Plat     Ken Roberts, Planning Director    Engineering Review Comments  Cc:  Chad Isakson, P.E., Assistant City Engineer      From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for the Royal Golf Club 3rd Addition. Final Plat/Final Construction  Plans were received on October 31, 2018. The submittal consisted of the following documentation:     Royal Golf Club 3rd Addition Final Plat, Sheets 1‐3, not dated, prepared by Carlson McCain.   Royal Golf Club 3rd Addition Narrative, dated October 15, 2018.   Royal Golf Club 3rd Addition Construction Plans, Sheets 1‐24, dated October 5, 2018.   Royal Golf Club 3rd Addition Grading Plans, Sheets 1‐21, dated October 3, 2018.   Royal Golf Club 3rd Addition Landscape Plans, L1‐L7, dated October 9, 2018, by Pioneer Engineering.   Royal Golf Club 3rd Addition Specifications, dated October 5, 2018.      STATUS/FINDINGS:   Engineering review comments have been provided in two separate memos; one for Final Plat  approval, and one to assist with the completion of the final Construction Plans.  Please see the following review  comments relating to the Final Plat application.      FINAL PLAT: ROYAL GOLF CLUB 3RD ADDITION   Outlots A, B and C ownership have been shown on the final grading and construction plans as developer or  HOA owned as applicable. There are no Oulots to be dedicated to the City as part of this Phase.   Drainage and utility easements have been provided on the Final Plat and grading plans over all, or a  portion, of Outlots A and B as required. Drainage and utility easements for Outlot A has been shown on the  street and utility plans as required. The drainage and utility easement for Outlot B must be added to the  street and utility plans.   The Plat must be revised to include a 10‐foot drainage and utility easement over Outlot C, adjacent to the  north right‐of‐way line for Royal Boulevard and adjacent to the east right‐of‐way line for Palmer Drive.   All off‐site easements as required by the City Engineer and Public Works Director to complete any off‐site  improvements or to provide drainage and utility maintenance access must be provided in the City standard  form of easement agreement and signed by all parties prior to the release of the Final Plat for recording.  The following off‐site easements (golf course property) must be verified as existing or provided to the City.   Drainage and utility easements over the Golf Course adjacent to the rear yards of Lots 7‐14, Block 4.   Drainage and utility easements over the Golf Course adjacent to the rear yards of Lots 22‐25, Block 4.   The applicant has proposed temporary stormwater management provisions for the Royal Golf Club 3rd  Addition which will be removed and replaced with future development phases that will meet the storm  water management provisions approved with the Preliminary Plat.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283    PAGE 2 of 2   The  Final  Plat  application  narrative  is  silent  regarding  the  plan  to  use  a  temporary  storm  water  management system. The narrative should be revised to fully address the temporary storm water  management  phasing,  maintenance,  and  replacement.  As  proposed, it  is  unknown  how  the  next  development phase will be constructed without interruption of the temporary system.   The  temporary  storm  sewer  and  sediment  basin  must  be  relocated in a manner that allows the  temporary  storm  water  management  to  remain  operational  until  the  permanent  storm  water  management system is operational.   Final Plat approval must be contingent upon the applicant obtaining a VBWD permit for the temporary  storm water management provisions. Any plan changes made to obtain the VBWD permit must be  resubmitted for City review and approval.   A City variance may be required to approve the Final Plat as the temporary storm water management  system does not meet all provisions of the City storm water ordinances (e.g. volume control).   Additional drainage and utility easements must be provided over the temporary storm sewer system  and temporary sediment basins located on Outlot C.   Additional  development  security  provisions should be  considered to address the  temporary storm  water management system and phasing.   Final Construction Plans and Specifications must be prepared in accordance with the City Engineering  Design Standards Manual dated March 2017, using City details, plan notes and specifications and meeting  City Engineering Design Guidelines.   Final  Construction  Plans  and  Specifications  must  be  revised  in accordance  with  the  Construction  Plan  engineering review memorandum dated November 19, 2018.    All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Plat prior to the release of the Final Plat for recording.    The Final Plat shall not be recorded until final construction plan approval is granted.   No construction for Royal Golf Club 3rd Addition may begin until the applicant has received City Engineer  approval for the Final Construction Plans; the applicant has obtained  and  submitted  to  the  City  all  applicable permits, easements and permissions needed for the project; and a preconstruction meeting has  been held by the City’s engineering department.                      PAGE 1 of 2  MEMORANDUM           Date:  November 19, 2018      To:  Brian Brian Krystofiak, P.E., Carlson McCain, Inc.  Re:  Royal Golf Club 3rd Addition    Jim Felton, Royal Development LLC.    Construction Plan Review  Cc:  Ben Prchal, City Planner  Ken Roberts, Planning Director  Rob Weldon, Public Works Director       Chad Isakson, P.E., Assistant City Engineer     From:  Jack Griffin, P.E., City Engineer         An engineering review has been completed for the Royal Golf Club 3rd Addition. Final Plat/Final Construction Plans  were received on October 31, 2018. The submittal consisted of the following documentation:     Royal Golf Club 3rd Addition Final Plat, Sheets 1‐3, not dated, prepared by Carlson McCain.   Royal Golf Club 3rd Addition Narrative, dated October 15, 2018.   Royal Golf Club 3rd Addition Construction Plans, Sheets 1‐24, dated October 5, 2018.   Royal Golf Club 3rd Addition Grading Plans, Sheets 1‐21, dated October 3, 2018.   Royal Golf Club 3rd Addition Landscape Plans, L1‐L7, dated October 9, 2018, by Pioneer Engineering.   Royal Golf Club 3rd Addition Specifications, dated October 5, 2018.      STATUS/FINDINGS:   Engineering review comments have been provided to assist with the completion of the  Construction Plans.  When submitting revised plans and specifications, please provide a point by point response  letter that details all changes made to the plans.      ROYAL GOLF CLUB 3RD ADDITION FINAL CONSTRUCTION PLANS   The drainage and utility easement for Outlot B must be added to the street and utility plans.   Revise the street and utility plans to show the required 10‐foot drainage and utility easement over Outlot C,  adjacent to the north right‐of‐way line for Royal Boulevard and adjacent to the east right‐of‐way line for  Palmer Drive.   Relocate the temporary storm sewer and sediment basin to allow the temporary storm water management  system to remain operational until the permanent storm water management system is operational.    SANITARY SEWER AND WATERMAIN PLANS   Sheet 5. Revise sewer grade to 0.5% between MH‐11 and MH‐13.   Sheet 6. Revise Palmer Drive eye brow watermain to be 8‐inch diameter. Eliminate dead end main by  connecting to Palmer Drive watermain at each intersection. This is consistent with the City practice.   Sheet 6. Revise watermain along Kings Court to be on north side of the street per City standards.   Additional plan revisions may be required regarding hydrant and system valve placement, pending review  by the Public Works Director.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283    PAGE 2 of 2    STROM SEWER PLANS   Sheet 10. Revise storm sewer pipe size to meet City minimum 15‐inch pipe from CBMH‐274 to CBMH‐273.   Sheet 10. Revise storm sewer pipe size to meet City minimum 15‐inch pipe from CBMH‐271A to CBMH‐271.   Sheet 11. Revise storm sewer pipe size to meet City minimum 15‐inch pipe from CBMH‐281 to CBMH‐280.   Sheet 13. Revise storm sewer pipe size to meet City minimum 15‐inch pipe from CBMH‐240 to CBMH‐239.    STREET PLANS   Sheets 14‐17. Add K‐value for all vertical curves. Revise curves as necessary to meet minimum City standards.   Sheet 15. Revise street grades along Palmer Drive. The City minimum 0.5% grade is used for back to back  grade runs with no vertical curve at the break. Increase each grade and add vertical curve.    SIGN / PAVEMENT MARKING / LIGHTING PLAN   Sheet 18. Remove one light pole from the Palmer Drive eyebrow and relocate the second light pole to the  middle of the two eyebrow intersections.   Sheet 18. Add no parking signs to the interior of the Palmer Drive eye brow (3‐signs).    Sheet 18. Add no parking signs to the sign schedule.   Sheet 19. Add no parking signs to the Kings Court and Queens Court cul‐de‐sacs (3‐signs each).   Sheet 19. Add a stop bar at the intersection of Lake Elmo Avenue and Royal Boulevard.    DETAILS/TYPICAL SECTIONS   Sheet 24. Typical Street Sections. Remove references to “saw and seal”. Revise bituminous mix to Type C.  The City practice has changed to require Type C bituminous wear course and eliminate saw & seal.   Sheet 24. Typical Street Section: Royal Boulevard entrance. Add “RTL” to designate the right turn lane.   Sheet 24. Bituminous Access Road. Revise minimum grades to 4% on each side of access road.    LANDSCAPE PLAN:   Remove all trees from the interior of all pond maintenance benches. The Landscape Plans must be revised  to accommodate maintenance access to all storm water and to avoid placement of trees within the BMP.    The landscape plans must be revised to show all underground utilities including water/sewer lot services and  revised to ensure trees maintain 10‐foot minimum offset from all utilities.           OWNED BY OTHERS (BUFFER MAY BE REQUIRED WITH FUTURE DEVELOPMENT) 10 17 16 15 14 13 11 9 7 18 5 4 6 8 12 3 2 1 M A N N I N G T R A I L N O R T H 20TH STREET NORTH 20TH STREET NORTH 20TH STREET NORTH 20TH STREET NORTH 20TH STREET NORTH M A N N I N G T R A I L N O R T H 10TH STREET (COUNTY STATE AID HIGHWAY NO. 10) LA K E E L M O A V E N U E N O R T H ( C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) LA K E E L M O A V E N U E N O R T H (C . S . A . H . N O . 1 7 ) LA K E E L M O A V E N U E N O R T H (C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) ROY A L MA S T E R S MASTE R S N O R T H PALMER D R I V E N O R T H LA T R O B E L A N E N O R T H LA T R O B E QUEENS COURT NORTH ANN I K A A V E N U E N O R T H EET R O Y A L B O U L E V A R D N O R T H VAR D NO R T H BOU L E ROYAL VARD NORTH BOULE RO Y A L VA R D NO R T H BO U L E STR E E T NOR T H MASTE R S STREET NOR T H RT NO R T H COU A N N I K A D R I V E N O R T H IKA D R I V E N O R T H ANN AN N I K A D R I V E N O R T H A N N I K A D R I V E N O R T H A N N I K A D R I V E AN N I K A AV E N U E EN NORT H STRQUE D R I V E PALM E R A R N I E W A Y ARNIE W A Y N LA N E NO R T H P A L M E R D R I V E R T H N O P A L M E R R T H N O D R I V E P A L M E R NO R T H D R I V E N O R T H KINGS COURT NORTH 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L1THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA NO R T H P A L M E R N O R T H D R I V E 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L2THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA P A L M E R R T H N O D R I V E KINGS COURT NORTH 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L3THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA LA K E E L M O A V E N U E N O R T H ( C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) QUEENS COURT NORTH ROYAL VARD NORT H BOULE P A L M E R D R I V E R T H N O KINGS COURT NORTH 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L4THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA 5 4 3 LA K E E L M O A V E N U E N O R T H ( C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) QUEENS COURT NORTH ROYAL VARD NORTH BOULE P A L M E R D R I V E R T H N O P A L M E R R T H N O D R I V E P A L M E R N O R T H D R I V E KINGS COURT NORTH DRY SWALE/POND (STATE SEED MIX 33-262 FORMERLY W4) NATIVE DRY PRAIRIE SOUTHEAST (STATE SEED MIX 35-621 FORMERLY U6) SOD (TYPICAL) 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L5THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA 5 4 3 LA K E E L M O A V E N U E N O R T H ( C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) LA T R O B E QUEENS COURT NORTH ROYAL VARD NORT H BOULE P A L M E R D R I V E R T H N O P A L M E R R T H N O D R I V E KINGS COURT NORTH 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L6THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L7THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Ben Prchal, City of Lake Elmo Planner From: Lucius Jonett, Wenck Landscape Architect Date: November 8, 2018 Subject: City of Lake Elmo Landscape Plan Review Royal Golf Club – 3rd Addition, Review #1 Submittals  Royal Golf Club 3rd Addition Final Plat, draft not signed  Royal Golf Club 3rd Addition Civil Site Plans, dated 10/05/2018, received 10/31/2018.  Royal Golf Club 3rd Addition Landscape Plans, dated 10/09/2018, received 10/31/2018. Location: Area between 10th Street and 20th Streets, east of Lake Elmo Avenue and west of Manning Trail on the former 3M Tartan Park properties. Land Use Category: Residential golf course community Planned Unit Development on 428.06 acres and will include 291 single-family residential lots, a lot for the clubhouse and facilities, and golf course. Surrounding Land Use Concerns: As required in the resolution of approval, there is a requirement that the developer work with the adjacent property owners (Homestead Development) to get an agreement in place for screening and that it be incorporated into the final landscape plans. Special Landscape Provisions in addition to Zoning Code: The Royal Golf Club Development and the City agreed that the number of trees required to be planted within the development for tree replacement and requirements per city ordinance was to be 2900 – as per the amendment to the development agreement attached. The development agreement also states that the number of trees can be reduced by woodland management or pollinator friendly techniques or the payment of $500 for parkland dedication requirements per 2.5- inch caliper inch tree not planted. Ben Prchal Planner City of Lake Elmo November 8, 2018 2 T:\6443 Lake Elmo\03 Royal Golf Club\05 3rd Addition\01 Plan Reveiw\2018-10-31\2018-11-08 Royal Golf Club 3rd Addition Landscape Plan Review.docx Tree Preservation: A tree survey/preservation plan has been previously submitted and approved with preliminary plat that does meet all requirements, including a tree inventory showing individual trees that are exempt, removed and saved. Entire Site Tree Preservation Phase 1 Total Caliper Inches On-Site: 138991.36 138991.36 Cal Inches Significant Inches Removed On-Site 58883.2 17034.3 Cal Inches Common Trees 19824.7 5347.2 Conifer/Evergreen Trees 15646.9 2775.9 Hardwood Trees 23411.6 8911.2 Tree Removal Limits (30% Significant Inches Removed On-Site) 41697.41 41697.41 Cal Inches Subtract Common Tree Removals 19821.7 5347.2 Subtract Conifer/Evergreen Tree Removals 15646.9 2775.9 Subtract Hardwood Tree Removals 23411.6 8911.2 Removals in excess of 30% allowance -17182.79 24663.11 Cal Inches Removals in Excess of Allowance 17182.7 0 Cal Inches Hardwood Tree Replacement (1/2 the dia inches removed) 8591.35 0.00 Cal Inches Tree replacement needed 8591.35 0.00 Cal Inches Tree Replacement Required @ 2.5" per Tree 3437 0 # of Trees Tree replacement is required because more than thirty (30) percent of the diameter inches of significant trees surveyed will be removed. Ben Prchal Planner City of Lake Elmo November 8, 2018 3 T:\6443 Lake Elmo\03 Royal Golf Club\05 3rd Addition\01 Plan Reveiw\2018-10-31\2018-11-08 Royal Golf Club 3rd Addition Landscape Plan Review.docx Landscape Requirements: The 3rd addition landscape plans do meet the code required number of trees. Master Plan Master Plan 1st Addition 2nd Addition 3rd Addition Required Approved Required Required Required Street frontage 35,961 7,942 10,163 8,360 Lineal Feet Lake Shore 0 Lineal Feet Stream Frontage 0 Lineal Feet Total Linear Feet 35,961 7,942 10,163 8,360 Lineal Feet /50 Feet = Required Frontage Trees 720 159 204 168 Trees Development or Disturbed Area - SF Development or Disturbed Area 146 37 38 37 Acres /5 = Required Development Trees 730 185 190 185 Trees Code Required Number of Trees 1,450 344 394 353 Required Mitigation Trees 3,437 PUD Agreement Required # of Trees 2,900 Qualified* Trees Proposed to Date 1,943 419 632 658 *Ornamental and builder trees not included in tree count to satisfy 2,900 tree requirement per the PUD agreement. 1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage. 2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of land that is developed or disturbed by development activity. The master landscape plans meet the minimum of twenty-five percent (25%) of the required number of trees shall be deciduous shade trees and a minimum of twenty-five percent (25%) of the required number of trees be coniferous trees. Master Plan Qty % Composition Deciduous Shade Tree 1190 61% Coniferous Tree 753 39% Ornamental Trees* 42 Builder Trees* 888 Tree Count 2831 Phase 1 Qty % Composition Deciduous Shade Tree 239 57% Coniferous Tree 180 43% Ornamental Trees* 0 Builder Trees* 202 Tree Count 621 Ben Prchal Planner City of Lake Elmo November 8, 2018 4 T:\6443 Lake Elmo\03 Royal Golf Club\05 3rd Addition\01 Plan Reveiw\2018-10-31\2018-11-08 Royal Golf Club 3rd Addition Landscape Plan Review.docx Phase 2 Qty % Composition Deciduous Shade Tree 425 67% Coniferous Tree 207 33% Ornamental Trees* 24 Builder Trees* 158 Tree Count 790 Phase 3 Qty % Composition Deciduous Shade Tree 340 52% Coniferous Tree 318 48% Ornamental Trees* 26 Builder Trees* 206 Tree Count 864 *Ornamental and builder trees not included in tree count to satisfy 2,900 tree requirement per the PUD agreement. Total Composition Qty % Composition Deciduous Shade Tree 1004 59% Coniferous Tree 705 41% Ornamental Trees* 50 Builder Trees* 566 Tree Count 5106 A. A landscape plan has been submitted that meets all requirements. Findings: 1. Submitted landscape plans are consistent with the approved preliminary plat, and plan and agreement approved and executed between the Homestead HOA and Royal Golf club regarding screening. 2. Black hills spruce and white pine trees have mature diameters of approximately 20’-30’ and 30’-40’ respectively. When the tree symbols are show to scale, there are several locations on sheet L4 where the trees at full diameter will overlap the buildings. See attached figure. 3. There is on tree on L4 that is located on the edge of driveway pavement that will need to be relocated. See attached figure. 4. Future irrigation plans will need to meet City requirements. Ben Prchal Planner City of Lake Elmo November 8, 2018 5 T:\6443 Lake Elmo\03 Royal Golf Club\05 3rd Addition\01 Plan Reveiw\2018-10-31\2018-11-08 Royal Golf Club 3rd Addition Landscape Plan Review.docx Recommendation: It is recommended that a condition of approval for the Royal Golf Club – 3nd Addition landscape plans include: 1. Adjust the location and spacing of the trees that overlap the buildings when shown at mature diameter and resubmit a revised landscape plan. 2. Adjust the location of the tree that is on the edge of the driveway and resubmit a revised landscape plan. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect LA K E E L M O A V E N U E N O R T H ( C O U N T Y S T A T E A I D H I G H W A Y N O . 1 7 ) QUEENS COURT NORTH ROYAL VARD NORT H BOULE P A L M E R D R I V E R T H N O KINGS COURT NORTH 10-9-18 HC GOLF COURSE DEVELOPMENT, LLC 11074 RADISSON ROAD NE BLAINE, MINNESOTA 55449 GROUNDCOVER PLAN c 7OF 10-9-18 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L4THE ROYAL GOLF CLUB AT LAKE ELMO 3RD ADD. LAKE ELMO, MINNESOTA STAFF REPORT DATE: December 4th, 2018 REGULAR ITEM #: 28 MOTION TO: Planning Commission FROM: Ben Prchal, City Planner AGENDA ITEM: Revision of Planning Commission Ordinance. Chapter 32 REVIEWED BY: Ken Roberts – Planning Director BACKGROUND: Staff recently had a discussion with a Parks Commission member regarding procedures and Chapter 32 as it pertains to the Parks Commission. After reviewing the ordnance with the commission in July, staff understood the same review should be conducted of the Planning Commission Ordinance. The Planning Commission reviewed their section of the City code on November 27th, 2018. The suggested code changes by staff as well as the Planning Commission comments are outlined below. ISSUE BEFORE THE COMMISSION: Would the City Council like to adopt the recommended changes to Chapter 32 of the City Code as they pertain to the Planning Commission? PROPOSAL: To review Lake Elmo’s Planning Commission Ordinance, staff gathered examples from other Washington County communities and did some comparisons and analysis. Staff has proposed amendments to the ordinance in order to shorten and further clarify the objectives of the chapter. There are many corrections to the chapter but staff has chosen to specifically highlight some of the amendments below. In addition to the amendments, staff would propose creating a set of bylaws for the planning commission to follow. If the commission and City Council supportive of having bylaws, a draft set of by-laws would be brought to future meeting for their review. 32.082 Composition Comparable communities have 5 - 7 voting members. Staff does not believe there should be a limit on consecutive terms. Instead, at the end of term they may be reappointed by the City Council if they wish to continue serving on the Planning Commission. If there is another interested party, council must decide on who shall receive the appointment. State statue has not established a number of members, length of terms, or consecutive term limits for the Planning Commission. Jurisdiction Commission Members Quorum Consecutive Terms Hugo 7 Voting Members 4 None Stated Oak Park Heights 5 Voting Members Not Stated No more than consecutive 2 terms Mahtomedi 7 Voting Members Majority of all members None Stated Oakdale 7 Voting Members Simple Majority of serving members 3 consecutive terms Cottage grove 9 Voting Members Majority of appointed members No more than consecutive 2 terms Lake Elmo 7 Voting 2 Alternates 4 Members No more than 2 consecutive terms Planning Commission Page 2 32.030 Officers There is no longer a need to elect a secretary as the duties which have been assigned to them by the ordinance now have staff members who have been or can perform the assigned duties. 32.031 Annual Meetings, 32.033 regular Meetings, and 32.04 Special Meetings Currently there are 3 sections that discuss meetings. There is no need to have 3 separate sections to outline meetings. Instead the language in them has been reduced and consolidated into “32.031 Meetings” 32.036 VOTING The adjustments to this section are for consistency and to remove other rules that are not practical to follow. 32.040 Records Adjustments are for consistency. 32.042 Duties and Powers Of The Commission The title has been amended as well as the content. At first glance the current language is a lot to take in. Staff has done their best to consolidate and clean up the separate bullets. FISCAL IMPACT: Staff does not foresee a fiscal impact with the proposed changes. RECOMMENDATION AND STAFF COMMENTS: Planner Comments: Though there are a lot of changes throughout the ordinance, much of the language has been reduced for simplification and consolidated. Staff believes the language proposed for removal is no longer practical to follow, has not been followed in the past, or can be incorporated into bylaws. Planning Commission Recommendation: The Planning commission suggested amendments to the Ordinance, which the Planning Staff is in support of. The conversation regarding the suggested edits circled around two main points. The reduction in commission members as well as consecutive term limits. There was a concern by the Planning Commission that fewer members would make it more difficult to meet a quorum. There are also several other communities that have 7 members, if the lower number was indeed an issue staff believes it would not be as common. The second concern was the elimination of consecutive term limits. The term limit was removed because it is not always followed and if there are not enough applicants to fill positions it would be a shame not to allow a member a 3rd or 4th term because of a 2 term limit. The discussion here was in regard to fresh thoughts/ideas coming forward to the Planning Commission. By removing the term limit it would perceivably allow a member to sit on the commission for several years. However, if there was a full commission and a new resident became interested in serving on the Planning Commission the City Council would have the option to appoint the new member to the Planning Commission thus removing the long standing member. There was a motion to keep the language for 2 term limits but it was denied 5-2. Overall the Commission voted to approve the changes with amendments, 7-0. “Recommend approval of the amended language to Chapter 32 as it pertains to the Planning Commission” ATTACHMENTS: • Proposed Ordinance. • LMNC write up, Hugo, Mahtomedi, Oak Park Heights, and Oakdale Code sections. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-XX AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING CHAPTER 32 TO REDUCE THE NUMBER OF COMMISSIONERS AND SIMPLIFY THE CHAPTER. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title III, Chapter 32, City Organizations, Sections 32.025-32.042, Planning Commission by amending the following language: § 32.025 ESTABLISHMENT. A Planning Commission is continued in the city. (1997 Code, § 210.01) § 32.026 PURPOSE. The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to City Council approval and the requirements of the State Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the City Council. (1997 Code, § 210.02) § 32.027 COMPOSITION COMPOSITION. (A) Generally. The Planning Commission shall consist of 7 voting members. members and 2 non-voting alternate members. The voting Mmembers shall be appointed for a 3-year terms so that only 1/3 of the appointments will expire on December 31 of each year. Voting members may not serve more than 2 consecutive terms. Appointments to an additional term(s) will be considered with the available applicant pool. Alternate members shall be appointed to serve until there is a vacancy on the Planning Commission. The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment upon a vacancy on the Commission. (1997 Code, § 210.03) (Am. Ord. 97-96, passed 1-15-2002; Am. Ord. 97-147, passed 2-15-2005; Am. Ord. 97-200, passed 11-5-2007; Am. Ord. 08-046, passed 6-21-2011) (B) Special appointments. (1) At the discretion of the City Council, up to 5 additional appointments can be made to the Planning Commission, for each special project, including but not limited to Environmental Management, Maintenance Advisory, and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed. (2) The term of the special appointments shall expire 2 years from the date of appointment, or upon completion of the special project, whichever is first. Any special appointee may request reappointment if the specific project is not completed in that time. (3) (a) Special project appointees shall have full voting privileges only on issues specifically related to the special project. (b) Full voting privileges for the regular Planning Commission shall remain consistent with this section. (Ord. 97-67, passed 1-2-2001; Am. Ord. 97-70, passed 1-16-2001) § 32.028 QUALIFICATIONS. Each member and alternate member shall be a resident of the city. Wherever possible, Commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment. (1997 Code, § 210.04) § 32.029 REMOVAL. (A) The Council may consider exceptional circumstances when considering the removal of a planning commission member. Nonetheless, Aany member or alternate member may be removed by a majority vote of the City Council, for any of causethe following reasons;. Cause shall include but not be limited to having 1. Having more than 3 consecutive unexcused absences from Planning Commission meetings. 2. or bBeing absent from more than 1/3 of the Planning Commission meetings in any 1 calendar year. 3. Changing their primary place of residence to a location outside of the City of Lake Elmo. 4. Exhibiting behavior disruptive to the good order and efficiency of the Planning Commission. The Council may consider exceptional circumstances when applying this ruleplanning . (1997 Code, § 210.05) (Am. Ord. 08-172, passed 4-18-2017) § 32.030 OFFICERS. The Commission shall elect a Chairperson, aand a Vice Chairperson, and a Secretary from among its appointed members at the annual meeting each year,first available date of the each year, for a term of 1 year. The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions required by state statute or assigned by the Commission or the Council. The Vice Chairperson shall perform these duties in the absence of the Chairperson. If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year, and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting., after at least 2-days written notice to each Commission member. The Secretary shall perform those duties assigned by state statute only. A recording Secretary shall be appointed by the Council to take and keep the minutes and records of the Commission. (1997 Code, § 210.06) § 32.031 ANNUAL MEETINGS. (A) The Commission shall hold an annual meeting the second Monday in the month of January in each year. (B) The meeting shall be devoted to the election of officers and other business as shall be scheduled. (1997 Code, § 210.07) § 32.032 ANNUAL WORK PLAN. The Planning Commission shall develop an annual work plan, including a list of projects, points of interaction on projects, programs, and goals for the following year. (1997 Code, § 210.08) (Am. Ord. 08-172, passed 4-18-2017) § 32.033 REGULAR MEETINGS. A) The first available meeting of the New Year with a quorum shall be dedicated to the election of officers and other business as scheduled. B) Regular meetings shall be held in the City Hall at 7:00 p.m. on the second and fourth Mondays of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the Commission Chair at a prior meeting or if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the Commission shall be by the affirmative vote of a majority of the members present. C) Special meetings for the Commission may be called by the Chair following three (4) days posted notice at City Hall. (1997 Code, § 210.09) § 32.034 SPECIAL MEETINGS. Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson. Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request. Written notice of the meeting shall be given to all members not less than 3 working days in advance of the meeting. (1997 Code, § 210.10) § 32.035 QUORUM. A quorum shall consist of 4 members. (1997 Code, § 210.11) (Am. Ord. 97-14, passed 9-2-1997; Am. Ord. 08-046, passed 6-21-2011) § 32.036 VOTING. Each member attending any meeting shall be entitled to cast 1 vote. Voting shall be by voice vote or by raise of hand. If any member has a personal interest of any kind in the matter before the Commission, the member shall disclose the interest and be disqualified shall remove themselves from voting upon the matter. It shall then be recorded in the minutes that there was a no vote cast by that member.The Secretary shall record in the minutes that no vote was cast by that member. Alternate members shall be entitled to cast 1 vote in the absence of any member. The second alternate shall be entitled to cast 1 vote in the absence of any 2 members. (1997 Code, § 210.12) § 32.037 PROCEEDINGS. At any regular meeting of the Commission, the following shall be the regular order of business: (A) Roll call; (B) Approval of agenda; (C) Minutes of the preceding meeting; (D) Public hearings as scheduled on the agenda; (E) Old and new business as scheduled on the agenda; (F) Communications; (G) Other; and (H) Adjournment. (1997 Code, § 210.13) § 32.038 RULES OF PROCEDURE. All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order. (1997 Code, § 210.14) § 32.039 AGENDA. The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator or an appointed designee. The City Administrator, or appointed designee, shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and supply a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting. (1997 Code, § 210.15) § 32.040 RECORDS. Each formal action of the Commission shall be embodied in full upon the minute book as formal motion or resolution. The minutes of each meeting shall be approved at a future meeting. provided to each member, the Council, and the public no more than 7 days after the date of each meeting. The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting. The records of meetings and actions and recommendations shall be transmitted to the City AdministratorClerk, or appointed designee, for keeping and distribution. (1997 Code, § 210.16) § 32.041 TRAINING. Commission members shall be encouraged to avail themselves ofattend training courses offered by the city, the state, and other government and public training agencies and the Council shall budget for the reimbursement of expenses incurred in training each year. (1997 Code, § 210.17) § 32.042 DUTIES AND POWERS OF THE COMMISSION; COMPREHENSIVE PLAN. (A) (A) Plan. The Planning Commission shall have the powers and duties given city planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by this code. It shall be the purpose of the Planning Commission to prepare and adopt a Comprehensive Plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan, and other matters relating to the physical development of the city. The plan may be prepared in sections, each of which shall relate to the Comprehensive Plan program. After the Commission has prepared and adopted the Comprehensive Plan, it shall periodically, but at least every 5 years the Commission shall, as necessary, review the Comprehensive Plan and any ordinances or program implementing the plan. (B) (B) Means of executing plan. Upon the adoption of a Comprehensive Plan or any section, it shall be the concern of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect the plan or section in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective. Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the Council. (C)The Planning Commission shall also perform reviews and provide recommendations to the City Council the following items: 1. Zoning Ordinance or text amendments 2. Conditional Use Permits 3. Subdivisions Major and Minor 4. Planned Unit Development Requests (PUD) 5. Variance Requests 6. Five (5) Year Capital Improvement Program (for consistency with the Comprehensive Plan) 7. Annual Work Plan 8. All necessary reviews pertaining to the Comprehensive plan, amendments, or otherwise (C) Zoning ordinance. The Planning Commission shall review all proposed amendments to the zoning ordinance, take part in public hearings, and make recommendations to the Council as may be prescribed by the zoning ordinance. (D) Conditional use permits. (1) The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance. (2) The Commission shall report its recommendations to the Council for action. (E) Subdivisions. The Planning Commission may make recommendations in relation to the subdividing of land as prescribed by the ordinance; the Commission shall report its recommendations to the Council for action. (F) Variances. The Planning Commission shall hear all variance requests from the literal provisions of this code, and shall follow the guidelines set forth in the zoning code. (G) Capital Improvement Program. (1) (a) The Planning Commission shall endeavor to obtain from city officers a descriptive list of proposed improvements for the ensuing 5-year period. (b) The Planning Commission shall also request from the local school district a similar list of its proposed public works. (2) (a) The Planning Commission shall list and classify all the proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected 5-year period. (b) The program shall be recommended by the Planning Commission to the Council and to the other officers, departments, boards, or public bodies as have jurisdiction over the recommended planning or construction of the public works. (1997 Code, § 210.18) SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-XXX was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2018. 145 University Ave. West www.lmc.org 8/3/2018 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2017 All Rights Reserved This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. INFORMATION M EMO Planning Commission Guide Learn ways the city may create, change, or discontinue a city planning commission. Get information on appointment of members, commission powers and duties, and meeting rules. Understand council and planning commission roles in creating a comprehensive plan for growth and development, and how to implement it. Learn about ways to participate in joint or multijurisdictional planning. RELEVANT LINKS: I. Creation of a city planning commission Minn. Stat. § 462.355. Minn. Stat. § 473.175. State law encourages all cities to prepare and implement a comprehensive municipal plan. In addition, cities within the seven-county metro area are required to adopt comprehensive plans. Under state law, the city planning commission or planning department is delegated the authority to create the city’s comprehensive plan. A comprehensive plan is an expression of the community’s vision for future growth and development. It is also a strategic map to reach that vision. Comprehensive planning is an important tool for cities to guide future development of land to ensure a safe, pleasant, and economical environment for residential, commercial, industrial, and public activities. Minn. Stat. § 462.352, subd 3. Minn. Stat. § 462.354, subd 1. The first step in creating a comprehensive plan is the creation of a city planning agency. A planning agency can be either a planning commission or a planning department with an advisory planning commission. Planning commissions are by and large the most prevalent form of planning agencies in Minnesota. This memorandum discusses the commission form of a planning agency in depth. In most instances, the laws related to planning commissions will apply to planning departments as well. However, cities interested in forming a planning department as their main planning agency, or who currently operate a planning department, should consult their city attorney for guidance. Minn. Stat. § 462.354. Minn. Stat. § 410.12. See Handbook, The Home Rule Charter City. The planning commission must be created by city ordinance or charter provision. When a planning commission is created by ordinance, a simple majority of councilmembers present is needed to adopt the ordinance. When a planning commission is created by charter, the statutory provisions for amending a charter must be followed. In drafting a planning commission ordinance or charter provision, a city will need to include provisions related to: • Size or number of planning commission members. • Terms of members. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 2 • Organization and structure. • Powers and duties. A. Size or number of members State statute does not specify how many commissioners a planning commission should have. As a result, the city ordinance should establish a reasonable number that reflects the needs of the city. An odd number is preferred to avoid tie-vote situations. Generally, cities appoint between five and nine individuals to serve as commission members. Some considerations in choosing the number of commissioners include: • Costs to the city in terms of salary (if a salary is paid). • Availability of community members to serve or potential difficulty in recruiting members to serve full terms. B. Terms of members Establishing a Planning Commission, LMC Model Ordinance. State statute does not set the length of terms for commission members, or impose limits on the number of successive terms that commission members may serve. As a result, city ordinance should establish the length of terms for commission members. Some considerations in choosing the length of commission terms include: • The substantial length of time necessary to conduct studies, draft, and adopt a comprehensive plan. • The extensive body of knowledge that commission members must master to be effective planning commissioners. These two considerations generally favor a longer, four-year term (rather than a two-year term), since rapid turnover of planning commissioners may hinder the city’s efficiency in adopting, implementing, and enforcing its comprehensive plan. Cities establishing a new planning commission for the first time, may wish to provide staggered terms initially. For example, one term may be for one year, another for two years, and another for three years, etc., with successors serving full four-year terms. Staggering terms in this manner will help ensure long-range continuity for the planning commission, and prevent a situation where all commission seats are vacant at once. This ensures that the planning commission is not without veteran members every four years. Cities may establish consecutive term limits in their ordinance for commission members if desired. In addition, the city may wish to establish ordinance provisions for the removal of commission members, should it become necessary, in consultation with the city attorney. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 3 C. Organization and structure See Section IV- Planning Agency Meetings. See Planning Commission Structure and Procedure, LMC Model Policy. The planning commission ordinance may establish an organizational form for the planning commission. For example, the ordinance may require a chairperson, acting chair, and secretary. In the alternative, the ordinance may enable the planning commission to suggest a policy (commonly known as bylaws), subject to council approval, that establishes a form of organization for its meetings. Placing organizational requirements in a policy adopted by council resolution, rather than in ordinance form, is generally preferred, because it provides a more flexible means to develop and amend policies. D. Powers and duties Minn. Stat. § 462.354. See Section III – Powers and Duties of the Planning Commission. If the city creates a planning commission, state statutes prescribe several mandatory duties for the commission. The city ordinance should be drafted to include these duties. In addition, state statute permits some optional duties to be assigned to the planning commission in the council’s discretion. City ordinance should make it clear which of these optional duties are assigned to the planning commission. Since state statute contains optional duties, general ordinance language stating that commission duties “shall be as established by state statute” may cause confusion over duties and should be avoided. The powers and duties of the planning commission are discussed more extensively below. II. Appointment of city planning commission members A. Council as a whole may serve as the planning commission Minn. Stat. § 462.354. The city council may choose to designate itself as the city’s planning commission by ordinance. However, most cities choose to establish a planning commission as a separate advisory body. This approach reduces the overall workload of the council, promotes citizen involvement, and allows commissioners to specialize in developing their body of knowledge concerning municipal planning. B. Authority to appoint commissioners State statute does not establish a process for the appointment of planning commissioners. As a result, the city ordinance or charter provisions should specify who has the authority to appoint commission members. Generally, appointing authority is vested in the city council as a whole. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 4 In the alternative, cities may vest appointment power in the mayor exclusively, or may vest in the mayor the power to appoint commissioners, subject to council approval. Some city charters may already contain provisions related to general appointments to city boards and commissions. In these cities, the charter provisions preempt local ordinance. Cities also should consider adopting a policy for the recruitment and retention of commission members. The policy may be adopted as a resolution and need not be in ordinance form. Adopting the policy via resolution will allow more flexibility in developing and amending the ordinance. Although state law does not require the following, the policy may wish to include information regarding: • The advertisement period for open positions. • The submission of letters of interest and a statement of qualifications for board positions, or a city application form. • An interview process prior to appointment. C. Residency requirements State statute does not require that planning commissioners reside within city limits. As a result, city ordinance should specify any residency requirements for serving on the planning commission. Frequently, cities limit eligibility for planning commission membership to city residents. Often, these cities feel that planning commissioners should live in the communities they plan for and create. Conversely, some cities may wish to allow non-residents to serve on planning commissions to increase the pool of eligible citizens. In addition, these cities may feel that property owners or business owners who do not reside within the city may still bring a valuable perspective to the planning commission. D. Councilmembers and city staff serving on the planning commission See Section II-A, Council as a Whole May Serve as the Planning Commission. In cities where the council as a whole has decided not to serve as the planning commission, it may still be desirable for some councilmembers to sit on the planning commission or attend commission meetings. Cities may establish in their ordinance or planning commission policy various ways for councilmembers to serve on the planning commission. 1. Full voting members Local ordinance or commission policy may provide that one or two city councilmembers will participate as full voting members of the planning commission on all decisions, and for discussion and quorum purposes. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 5 2. Non-voting members Local ordinance or commission policy may provide that one or two city councilmembers will sit on the planning commission as non-voting members. Sometimes these members are called “council liaisons.” When city ordinance creates non-voting members, to avoid confusion, city ordinance or the commission policy should specify: • Whether the councilmembers will count for quorum purposes. • Whether the councilmembers may participate in discussion on matters before the commission. • Whether the councilmembers may hold an office on the commission, such as chairperson, secretary, etc. 3. City staff on planning commission City ordinance or commission policy may require that the city attorney, city engineer or city administrator/clerk serve as an ex-officio, voting member or non-voting of the planning commission. This, however, does not appear to be a common practice. More commonly, city staff may attend planning commission meetings as needed to provide the planning commission with necessary advice and information. E. Compensation City ordinance or commission policy may authorize compensation to planning commission members for their service, or, in the alternative, specify that commission members serve on a strictly non-compensated volunteer basis. Generally, when compensation is provided, it is for a nominal amount on an annual or per meeting basis. F. Conflicts of interest See LMC information memo, Official Conflict of Interest. Part IV Conflict of Interest in Non-Contractual Situations. 56 Am. Jur. 2d Municipal Corporations § 142. When appointing planning commissioners, cities should be aware that appointed officials are subject to the same concerns related to conflict of interest as city councilmembers. In the appointment process, the city council should attempt to discern if potential conflicts of interest exist. Lenz v. Coon Creek Watershed, Dist., 278 Minn. 1, 153 NW 2d 209 (1967). ETO, Inc. v. Town of Marion, 375 NW 2d 815 (Minn. 1985). Particularly, conflicts where it is obvious that the potential appointee’s own personal interest is so distinct from the public interest that the member cannot be expected to represent the public interest fairly in deciding the matter. G. Removal of planning commission members State statute does not dictate a process for removal of planning commission members before the expiration of their term. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 6 Local ordinance or commission policy may outline such a process. The city should consult the city attorney before establishing criteria and a process for removal. III. Powers and duties of the planning commission State statutes vest the planning commission with certain mandatory duties. In addition, state statute allows the city council to prescribe additional duties in local ordinance. In most instances, unless noted in statute or ordinance, the planning commission serves in an advisory capacity. A. Preparing and recommending a comprehensive plan The primary duty of a newly created planning agency is advising the city council on the preparation and adoption of a comprehensive plan for the city. 1. Purpose of comprehensive planning Minn. Stat. § 462.351. Minn. Stat. § 462.352, subd 5. Sample: Bethel Comprehensive Plan, City Population 502. Sample: La Crescent Comprehensive Plan, Population 5,174. Sample: Minnetonka Comprehensive Plan, City Population 51,519. A comprehensive plan is an expression of the community’s vision for the future and a strategic map to reach that vision. Comprehensive planning is not mandatory in cities outside the seven- county metropolitan area. However, comprehensive planning is an important tool for cities to guide future development of land to ensure a safe, pleasant, and economical environment for residential, commercial, industrial, and public activities. In addition, planning can help: • Preserve important natural resources, agricultural, and other open lands. • Create the opportunity for residents to participate in guiding a community’s future. • Identify issues, stay ahead of trends, and accommodate change. • Ensure that growth makes the community better, not just bigger. • Foster sustainable economic development. • Provide an opportunity to consider future implications of today’s decisions. • Protect property rights and values. • Enable other public and private agencies to plan their activities in harmony with the municipality's plans. For many cities creating a comprehensive plan is the first step in adopting zoning and subdivision regulations for the city. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 7 As a result, the comprehensive plan normally lays out a vision for the city’s future land development and land use, dictating where growth should occur, the type of growth that is allowed in various areas of the city, and the density of such growth. However, a comprehensive plan also may include a: Minn. Stat. § 462.352, subd. 8. Minn. Stat. § 462.352, subd. 7. Minn. Stat. § 462.352, subd. 8. Minn. Stat. § 462.352, subd. 9. • Public or community facilities plan. • Thoroughfare or transportation plan. • Parks and open space plan. • Capital improvement program. While not all cities are required to adopt a comprehensive plan, a plan is still a good practice for a couple of reasons. First, once a plan is adopted, it guides local officials in making their day-to-day decisions and becomes a factor in their decision-making process. Second, preparing a comprehensive plan prior to the adoption of a zoning ordinance also affords the city additional legal protections if a particular ordinance provision is challenged in court. Zoning ordinances must be reasonable and have a rational basis. Comprehensive plans assist a city in articulating the basis for its zoning decisions. Usually the courts will not question the policies and programs contained in a comprehensive plan adopted by a local community, or question the ordinances based upon the plan, unless the particular zoning provision appears to be without any rational basis, or clearly exceeds the city’s regulatory authority. Minn. Stat. § 462.357, subd 2. Minn. Stat. § 462.352, subd. 6. Minn. Stat. § 462.357, subd. 2 (c). If a city is not able to develop a comprehensive plan prior to adopting a zoning ordinance, the zoning ordinance should be adopted in conjunction with extensive, written finding of facts, stating the policy reasons that necessitate the ordinance’s adoption. 2. Preparing the comprehensive plan Minn. Stat. § 462.355, subd. 1. Minn. Stat. § 462.355, subd. 2. State statute vests authority for preparing the comprehensive plan in the planning commission. However, the city council also may propose the comprehensive municipal plan and amendments to the plan by a resolution submitted to the planning commission. When this occurs, the council may not adopt the recommended language until it has received a report from the planning commission or 60 days have elapsed. The plan may be prepared and adopted in sections, each of which relates to a major subject of the plan, or to a major geographical section of the municipality. Minn. Stat. § 462. 353, subd 2. Cities are authorized to collect and analyze data; prepare maps, charts, tables, and other illustrations and displays; and conduct necessary studies when developing a comprehensive plan. Cities also may hire planning consultants and other experts to assist in drafting their plan. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 8 a. Consultants and public input (1) Professional planners Minn. Stat. § 462.353, subd. 3. Cities may hire planning consultants and other experts to assist in drafting their plan. Preparing a comprehensive plan is a large undertaking. While a planning commission can and should do most of the job, many communities have found they also need professional assistance from a professional planning consultant or a competent person on the staff of the city, county, regional development commission, or neighboring city. See LMC information memo, Competitive Bidding Requirements in Cities. American Institute of Certified Planners. Cities may solicit a planner through a request for proposal. While state law does not require planners to be licensed or certified, many cities prefer to hire planners with professional certification from the American Institute of Certified Planners (AICP). To be certified by the AICP, planners need to pass an exam and meet continuing education requirements. (2) Other consultants Minn. Stat. § 462.355, subd 1. In drafting the plan, the planning commission must consult with other city departments and agencies (for example, the city’s economic development authority). Minn. Stat. § 462.355, subd 1. In drafting a comprehensive plan, the planning commission must consider the planning activities of adjacent units of government and other affected public agencies. Minn. Stat. § 462. 353, subd 2. The commissioner of natural resources must provide natural heritage data from the county biological survey, if available, to each city for use in the comprehensive plan. b. Public input Minn. Stat. § 462.355, subd 2. Cities are required to hold at least one public hearing prior to adopting a comprehensive plan. However, most cities find it helpful to hold a series of public meetings to educate residents about the comprehensive plan, and to solicit citizen input. Some cities even develop extensive public relations campaigns to create excitement about and compliance with the city’s comprehensive planning activities. c. President Theodore Roosevelt Memorial Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land Minn. Stat. § 462.357, subd. 1h. Minn. Stat. § 462.355, subd. 1. Non-metropolitan cities located in certain specified counties are subject to the President Theodore Roosevelt Memorial Act to Preserve Agricultural, Forest, Wildlife, and Open Space Land RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 9 Minn. Stat. § 103G.005, subd. 10b. (hereinafter the “T. Roosevelt Memorial Preservation Act”) and should consult this law if they adopt or amend a comprehensive plan. (1) Cities not subject to the T. Roosevelt Memorial Preservation Act Cities in Aitkin, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Isanti, Itasca, Kanabec, Koochiching, Lake, Lake of the Woods, Milles Lacs, Pine, St Louis and Wadena counties are not subject to the T. Roosevelt Memorial Preservation Act, because they are currently classified as “greater than 80 percent area” counties. A “greater than 80 percent area” means a county or watershed or, for purposes of wetland replacement, bank service area where 80 percent or more of the presettlement wetland acreage is intact and one of the following is true: Minn. Stat. § 103G.005 subd. 10b. • Ten percent or more of the current total land area is wetland. • Fifty percent or more of the current total land area is state or federal land. In sum, these “80 percent area” counties still contain a significant portion of their presettlement wetland acreage. “Presettlement wetland” means a wetland or public waters wetland that existed in this state at the time of statehood in 1858. (2) Cities subject to the T. Roosevelt Memorial Preservation Act Cities outside the metro area, and not located in the counties listed above, must comply with the act. Even though these cities are not required to engage in comprehensive planning, if the city decides to do so, they must likely adopt certain findings of fact under the T. Roosevelt Memorial Preservation Act. Minn. Stat. § 462.355. Specifically, when preparing or recommending amendments to the comprehensive plan, the planning commission in these cities must consider adopting goals and objectives that will protect open space and the environment again, probably as findings of fact. Minn. Stat. § 462.357. In addition, within three years of adopting a comprehensive plan, the city must consider adopting ordinances as part of the city’s official controls that encourage the implementation of the goals and objectives of the T. Roosevelt Memorial Preservation Act. However, the city is not required to adopt any ordinances. Consideration of ordinance adoption could potentially be documented in findings of fact. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 10 3. Recommending the comprehensive plan to council Minn. Stat. § 462.355, subd 2. Minn. Stat. § 462.354. Once a comprehensive plan is drafted, the planning commission may submit the plan (or a portion of the plan) with its recommendation for adoption to the city council. Upon receipt of the recommended plan, the council may accept the plan, reject the plan, or recommend revisions to the planning commission. In submitting the comprehensive plan to council, the planning commission serves in a strictly advisory role. The city council ultimately decides on the acceptance, rejection, or revision of the plan, and is not bound by planning commission’s recommendations. 4. Adopting the comprehensive plan a. Seven-county metro area plan review: adjacent units of government Minn. Stat. § 473.858, subd. 2. Prior to plan adoption, cities within the seven-county metro area must submit their proposed comprehensive plans to adjacent governmental units and affected school districts for review and comment. b. Seven-county metro area plan review: Metropolitan Council Minn. Stat. § 473.175. Metropolitan Council. City of Lake Elmo v. Metropolitan Council, 685 N.W.2d 1 (Minn. 2004). Cities in the seven-county metropolitan area must submit their comprehensive plan to the Metropolitan Council for review of its compatibility and conformity with the Council’s regional system plans. When the Metropolitan Council determines that a city’s comprehensive land use plan may have a substantial impact on or contain a substantial departure from the Metropolitan Council’s regional system plans, the Council has the statutory authority to require the city to conform to the Council’s system plans. c. Public hearing requirements Minn. Stat. § 462.355, subd. 2. See LMC information memo Newspaper Publication. Prior to adoption of a comprehensive plan, the planning commission must hold at least one public hearing. A notice of the time, place, and purpose of the hearing must be published once in the official newspaper of the municipality at least ten days before the day of the hearing. d. Vote requirements Minn. Stat. § 462.355, subd. 3. Unless otherwise provided in a city charter, the city council may, by resolution by a two-thirds vote of all its members, adopt and amend the comprehensive plan or a portion of the plan. This means that on a five- member council, the comprehensive plan must receive at least four affirmative votes. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 11 B. Implementing the plan See Section V: Changing the Structure or Abolishing the Planning Commission. Minn. Stat. § 462.356, subd 1. Once a comprehensive plan is adopted, the planning commission continues to exist (unless dissolved using statutory procedures). Once a plan is adopted, the main task of the planning commission is to study and propose to the city council a reasonable and practicable means for putting the plan or section of the plan into effect. Minn. Stat. § 462.356, subd 1. Reasonable and practicable means for putting the plan into action may include: See LMC information memo, Zoning Guide for Cities. LMC information memo Zoning Decisions. See Handbook, Comprehensive Planning, Land Use, and City-Owned Land. LMC information memo, Subdivision Guide for Cities. See Handbook, Comprehensive Planning, Land Use, and City-Owned Land. • Zoning regulations. • Regulations for the subdivision of land. • An official map. • A program for coordination of the normal public improvements and services of the municipality. • A program for urban renewal, and • A capital improvement program. In submitting recommendations for effectuation of the comprehensive plan to council, the planning commission serves in a strictly advisory role. The city council ultimately decides on the adoption of any land use ordinances or city programs. C. Role in periodic review of the comprehensive plan Minn. Stat. § 462.355, subd 1. After a city has adopted a comprehensive plan, the planning commission is responsible for periodically reviewing the plan and recommending amendments whenever necessary. Minn. Stat. § 462.355, subd. 1a. Minn. Stat. § 473.864, subd. 2. Minn. Stat. 473.121, subd. 2. Cities within the seven-county metropolitan area must review and update their plan, fiscal devices, and official controls at least every 10 years, and submit their revised plans to the Metropolitan Council for review. “Fiscal devices” means the valuation of property, the designation of urban and rural service districts, and the establishment of development districts and any other statutes authorizing the creation of districts in which the use of tax increment bonding is authorized. “Metropolitan area” or “area” means the area over which the Metropolitan Council has jurisdiction, including the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, but excluding the cities of Northfield, Cannon Falls, Hanover, Rockford, and New Prague. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 12 D. Role in amending the comprehensive plan Minn. Stat. § 462.355, subd. 3. After a city has adopted a comprehensive plan, all future amendments to the plan must be referred to the planning commission for review and comment. No plan amendment may be acted upon by the city council until it has received the recommendation of the planning commission, or until 60 days have elapsed from the date an amendment proposed by the city council has been submitted to the planning commission for its recommendation. In submitting review and comment to council, the planning commission serves in a strictly advisory role. The city council ultimately decides on the acceptance, rejection or the revision of the plan, and is not bound by planning commission recommendations. 1. Procedure for amending a comprehensive plan See Section III-A-4 Adopting the Comprehensive Plan. Minn. Stat. § 462.355, subd. 3. In amending a comprehensive plan, cities must follow the same procedure for adoption of a new plan. The planning commission must hold at least one public hearing on the amendment preceded by published notice. Minn. Stat. § 473.175. Metropolitan Council. Cities in the seven-county metro area must submit all amendments to their comprehensive plans to the Metropolitan Council for review. Minn. Stat. § 462.355, subd. 3. Unless otherwise provided by charter, all amendments to the comprehensive plan must be approved by a two-thirds vote of all its members. E. Role in purchase and sale of real property Minn. Stat. § 462.356, subd. 2. Lerner v. City of Minneapolis, 284 Minn. 46, 169 N.W.2d 380 (Minn. 1969). A.G. Op. 63-b-24 (Dec. 9, 1971). A.G. Op. 161- b, (Aug. 8, 1966). See LMC information memo Purchase and Sale of Real Property. After a comprehensive municipal plan or section of a plan has been recommended by the planning commission and a copy filed with the city council, the planning commission must be given a chance to review and comment on all proposed public acquisitions or disposal of real property within the city. This includes acquisitions or disposal by the city, but also: • Any special district or agency in the city. • Any other political subdivision (public schools or the county for example) having jurisdiction within the city. This provision would appear to apply even when the comprehensive plan has not yet been adopted by council, so long as the planning commission has filed its recommended plan with the city. After review, the planning commission must report in writing its findings to compliance of the proposed acquisition or to disposal of real estate with the comprehensive municipal plan. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 13 The purpose of this requirement is to allow review of overall municipal development by the city planning commission, the authority charged with developing and reviewing the comprehensive land use plan for the municipality. The planning commission has 45 days to report on the proposal, unless the city council designates a shorter or longer period for review. If the planning commission does not report within the required timeline, this statutory provision is considered waived by the commission. In addition, a city council may by resolution adopted by two-thirds vote dispense with this requirement when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. Lerner v. City of Minneapolis, 284 Minn. 46, 169 N.W.2d 380 (Minn. 1969). A.G. Op. 161-b (Aug. 8, 1966). In submitting comments and review, the planning commission serves in a strictly advisory role. The city council ultimately decides on the purchase or disposal of real estate and is not bound by planning commission recommendations. F. Role in capital improvements program Minn. Stat. § 462.356, subd 2. After a comprehensive municipal plan or section of a plan has been recommended by the planning commission and a copy filed with the city council, the planning commission must be given a chance to review and comment on all proposed public capital improvements within the city. This includes not only capital improvements built by the city, but also by: • Any special district or agency in the city. • Any other political subdivision having jurisdiction within the city. The planning commission must report in writing to the city council, other special district or agency, or political subdivision concerned, its findings to compliance of the proposed capital improvement with the comprehensive municipal plan. Minn. Stat. § 475.521, subd. 1 (b). Minn. Stat. § 373.40, subd. 1(b). The term capital improvement is not defined within the comprehensive planning statute. Other laws governing issuing municipal bonds define “capital improvement” in part as acquisition or betterment of public lands, buildings or other improvements for a city hall, town hall, library, public safety facility, and public works facility. An improvement must have an expected useful life of five years or more to qualify. Capital improvement does not include light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city or town hall, or land for any of those facilities. For purposes of this section, “capital improvement” may include expenditures involving those for which bonds were or are issued. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 14 The planning commission has 45 days to report on the proposal, unless the city council designates a shorter or longer period for review. If the planning commission does not report within the required timeline, this statutory provision is considered waived by the commission. A city council may by resolution adopted by two-thirds vote dispense with this requirement when in its judgment it finds that the proposed capital improvement has no relationship to the comprehensive municipal plan. Lerner v. City of Minneapolis, 284 Minn. 46, 169 N.W.2d 380 (Minn. 1969). A.G. Op. 161-b (Aug. 8, 1966). In submitting comments and review, the planning commission serves in a strictly advisory role. The city council ultimately decides on capital improvements for the city and is not bound by planning commission recommendations. G. Role in zoning ordinance adoption and amendment 1. Zoning ordinance adoption Minn. Stat. § 462.357, subd 2. Minn. Stat. § 462.352, subd 6. Minn. Stat. § 462.357, subd 2 (c). For more information see LMC information memo, Zoning Decisions. The planning commission may, after adopting a comprehensive plan or a portion of a land use plan, prepare a proposed zoning ordinance (including a zoning map) and submit it to the city council with its recommendations for adoption. If a city adopts only a land use plan, the plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Note: The Municipal Planning Act has specific provisions related to local zoning of the following uses, which impact zoning ordinances: Minn. Stat. § 462.357, subds. 1a, 1b. Minn. Stat. § 462.357, subd. 1. Minn. Stat. § 462.357, subd. 1e. Minn. Stat. § 462.357, subd. 1g. Minn. Stat. § 462.357, subd. 1. Minn. Stat. § 462.357, subd. 1. Minn. Stat. § 462.357, subd. 7. Minn. Stat. § 462.357, subd. 7. Minn. Stat. § 462.357, subd. 7. Minn. R. 9502.0315 to 9502.0445. Minn. Stat. § 462.357, subd. 8. • Manufactured home parks. • Manufactured homes. • Existing legal nonconformities at the time of zoning ordinance adoption. • Feedlots. • Earth sheltered construction, as defined by Minn. Stat. 216C.06. • Relocated residential buildings. • State licensed residential facilities or housing services registered under Minn. Stat. 144D and serving six or fewer persons in single family residential districts. • Licensed day care facilities serving 12 or fewer persons in single family residential districts. • Group family day care facilities licensed under Minnesota Rules to serve 14 or fewer children in single family residential districts. • State licensed residential facilities serving 7-16 persons in multifamily residential districts. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 15 Minn. Stat. § 462.357, subd. 7. Minn. Stat. § 462.3593. Minn. Stat. § 462.357, subd. 6. • Licensed day care facilities serving 13-16 persons in multifamily residential districts. • Temporary family health care dwellings. • Solar energy systems. Northshor Experience, Inc. v. City of Duluth, MN, 442F.Supp.2d 713 (D. Minn. 2006). Costley v. Caromin House, Inc., 313 N.W.2d 21 (Minn. 1981). A.G. Op. 59- A-32 (Jan. 25, 2002). Cities cannot adopt local ordinances that contradict the explicit provisions of state law as set out in the Municipal Planning Act on the uses listed above. Minn. Stat. § 462.357, subd. 2. The city council may adopt a zoning ordinance by a majority vote of all its members. A.G. Op. 59-A-32 (Jan. 25, 2002). In adopting an ordinance, one Minnesota attorney general opinion has found that charter cities may not provide for different voting requirements in their city charter, because the Municipal Planning Act supersedes inconsistent charter provisions. Minn. Stat. § 462.357, subd 3. LMC information memo, Newspaper Publication. Prior to the adoption of a zoning ordinance, the city council or planning commission must hold a public hearing. Notice of the time, place, and purpose of the hearing must be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice must be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. See LMC information memo, Zoning Guide for Cities. The drafting and adoption of a city zoning ordinance is covered in detail in the LMC Information Memo, Zoning Guide for Cities. 2. Zoning ordinance amendment Minn. Stat. § 462.357, subd 4. For more information see LMC information memo Zoning Decisions. See Section IV- B on the 60- Day Rule. An amendment to a zoning ordinance, including a rezoning, may be initiated by the governing body, the planning commission, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning commission must be referred to the planning commission for study and report. The city council may not act on the proposed amendment (either by adopting or denying the amendment) until the planning commission has made its recommendations or 60 days have elapsed from the date of reference of the amendment without a report by the planning commission. It is important to note that while state statute provides the planning commission 60 days to respond to proposals, the 60-Day Rule (an entirely different rule with 60 days in the title) still applies to ordinance amendments brought by application or petition of property owners. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 16 As a result, internal procedures should be developed to coordinate planning commission review that does not violate the 60-Day Rule automatic approval statute. In generating a report on a proposed zoning amendment, the planning commission serves in a strictly advisory role. The city council ultimately decides on the amendment for the city and is not bound by planning commission recommendations. Minn. Stat. § 462.357, subd 3. Prior to the adoption of a zoning ordinance amendment, a public hearing must be held. Under state statute, the city council or the planning commission may conduct the hearing. Cities may adopt an ordinance or policy directing the planning commission to conduct these hearings when necessary. Minn. Stat. § 462.357, subd. 2. The city council may adopt and amend a zoning ordinance by a majority vote of all its members. However, the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. 3. Cities of the first class, additional duties for planning commissions Minn. Stat. § 462.357, subd. 5. First class cities must follow very detailed procedures in state statute for zoning amendments that change residential zoning classifications to new commercial or industrial classifications. Planning commissions in cities of the first class must assist the city in these circumstances by conducting studies and developing reports. The adoption or amendment of any portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. Charter cities of the first class may opt to follow a different procedure via a city charter provision. H. Conditional use permits Minn. Stat. § 462.3595. See LMC information memo, Zoning Guide for Cities. Some city zoning ordinances provide that some uses within a zoning district will only be allowed upon the granting of a conditional use permit. Conditional use permits are discussed in detail in the LMC Information Memo Zoning Guide for Cities. State statute allows city councils to delegate via ordinance their authority to review and approve conditional use permits to a planning commission or other designated authority. Planning commissions charged with reviewing applications for conditional use permits must follow fairly strict legal standards for their review. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 17 See LMC information memos Zoning Guide for Cities; Land Use Conditional Use Permits. Specifically, the city must follow the requirements of the zoning ordinance it has adopted. If a conditional use permit application meets the requirements of the ordinance, generally it must be granted. If an application is denied, the stated reasons for the denial should all relate to the applicant’s failure to meet standards established in the ordinance. The standard of review for conditional use permits is discussed in depth in the LMC Information Memo Zoning Guide for Cities. I. Role in adoption of an official map for a major thoroughfare plan and a community facilities plan Minn. Stat. § 462.359, subd. 2. See Handbook, City Licensing. Minn. Stat. § 462.352, subd. 7, 8. After the planning commission has adopted a comprehensive plan containing a major thoroughfare plan and a community facilities plan or simply these portions of their comprehensive plan, it may adopt an official map. The official map is not the zoning map required for adoption of a zoning ordinance. In addition, it is not the map adopted as part of the comprehensive planning process. Instead, the official map is a unique map designed to help carry out the policies of the major thoroughfare plan and community facilities plan. The official map can cover the entire city or any portion of the city. The purpose of an official map is to identify land needed for future public uses, such as streets, aviation purposes or other necessary public facilities, such as libraries, city halls, parks, etc. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made that will make adjustments difficult to accomplish. See LMC information memo, Purchase and Sale of Real Property. Official maps do not give a city any right to acquire the areas reserved on the map without just compensation by the city. When the city is ready to proceed with the opening of a mapped street, the widening and extension of existing mapped streets, or the use of lands for aviation purposes, it still must acquire the property by gift, purchase, or condemnation. It need not, however, pay for any building or other improvement erected on the land without a permit or in violation of the conditions of the permit. Following the adoption and filing of an official map, building permits issued under the Minnesota State Building Code are subject to the provisions set forth in the city’s official map. This puts landowners on notice of possible future uses and allows construction to occur within the constraints of the planning. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 18 This way landowners can avoid costly expenditures on developments, for example, that sit in a location planned for future public uses. As a result, any building built without obtaining a building permit or in violation of permit conditions, loses the statutory protection for just compensation, and a municipality need not pay a landowner for a building that needs to be destroyed if a street is widened. In other words, while the official map does not give the city a fee interest in land initially, it does authorize the municipality to acquire such interests in the future without having to pay compensation for buildings that are erected in violation of the official map. J. Board of zoning adjustment and appeals Minn. Stat. § 462.354, subd. 2. A city that has adopted a zoning ordinance or official map should provide for a Board of Zoning Adjustment and Appeals (BZA). By ordinance, a city may delegate the role of a BZA to the city planning commission or a committee of the planning commission. The duties of a BZA include: Minn. Stat. § 462.357, subd. 6 (1). Minn. Stat. § 462.357, subd. 6 (2). Minn. Stat. § 462.359, subd. 4. Minn. Stat. § 462.354, subd. 2. • To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. • To hear requests for variances from a city zoning ordinance. • To hear and decide appeals when a land use, zoning permit or approval for a building is denied based upon the city’s official map. • Such other duties as the city council may direct. Minn. Stat. § 462.354, subd. 2. In any city where the council does not serve as the BZA, the city council may, except as otherwise provided by charter, provide by ordinance that the decisions of the BZA on matters within its jurisdiction are: • Final, subject only to judicial review; or • Final, subject to appeal to the council and the right of later judicial review; or • Advisory to the council. Minn. Stat. § 462.354, subd. 2. The ordinance creating the BZA should specify at minimum: • The time and manner by which hearings by the BZA shall be held, including provisions related to notice to interested parties. • Rules for the conduct of proceedings before the BZA, including provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. Minn. Stat. § 462.354, subd. 2. In cities where the planning commission does not act as the BZA, the BZA may not make a decision on an appeal or petition until the planning commission, or a representative authorized by it, has had reasonable opportunity, not to exceed 60 days, to review and report to the BZA about the appeal or petition. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 19 It is important to note that while state statute provides the planning commission 60 days to respond to appeals or petitions, the 60-Day Rule (an entirely different rule with 60 days in the title) may still apply to some matters brought before the BZA (for example, requests for variances) by application or petition of property owners. As a result, internal procedures should be developed to coordinate planning commission review that does not violate the 60-Day Rule automatic approval statute. See information memos, Zoning Guide for Cities and Land Use Variances. Planning commissions charged with reviewing applications for variances must follow fairly strict legal standards for their review. Specifically, the city must follow the requirements of the state statute related to whether enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner “practical difficulties.” The standards for review in granting variances are discussed in depth in the LMC Information Memo Zoning Guide for Cities. K. Role in review of subdivision applications Minn. Stat. § 462.358, subd. 3(b). See Handbook, City Licensing. See also LMC information memo, Subdivision Guide for Cities. Absent a charter provision to the contrary, in cities that have adopted a subdivision ordinance, the city council may by ordinance delegate the authority to review subdivision proposals to the planning commission. However, final approval or disapproval of a subdivision application must be the decision of the city council. See LMC information memo Subdivision Guide for Cities. Planning commissions charged with reviewing subdivision applications must follow fairly strict legal standards for their review. Specifically, the city must follow the requirements of the subdivision ordinance it has adopted. If a subdivision application meets the requirements of the ordinance, generally it must be granted. If an application is denied, the stated reasons for the denial must all relate to the applicant’s failure to meet standards established in the ordinance. The standard of review for subdivision applications is discussed in depth in an LMC information memo on subdivisions, plats and development agreements. IV. Planning commission meetings See the LMC information memo, Meetings of City Councils. Planning commission meetings are governed by the same statutes as regular city council meetings. For example, planning commission meetings are subject to the Open Meeting Law and subject to the records retention laws. A. Open Meeting Law See LMC information memo, Meetings of City Councils. Minn. Stat. § 13D.01. The Minnesota Open Meeting Law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 20 Rupp v. Mayasich, 533 N.W.2d 893 (Minn. Ct. App. 1995). • To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or to detect improper influences. • To ensure the public’s right to be informed. • To afford the public an opportunity to present its views to the public body. Minn. Stat. § 13D.01, subd. 1. The Open Meeting Law applies to all governing bodies of any school district, unorganized territory, county, city, town or other public body, and to any committee, sub-committee, board, department or commission of a public body. Thus, the law applies to meetings of all city planning commissions and any city or commission advisory boards or committees. Minn. Stat. § 13D.01, subd. 6. At least one copy of the materials made available to the planning commission at or before the meeting must also be made available for inspection by the public. However, this does not apply to not-public data or materials relating to the agenda items of a closed meeting. LMC information memo Meetings of City Councils. The Open Meeting Law also contains some specific notice and record- keeping requirements which are discussed in detail in the LMC Information Memo Meetings of City Councils. B. The 60-Day Rule For more information on the 60-Day Rule see the LMC information memo, Zoning Guide Section V-A, The 60- Day Rule. Cities generally have only 60 days to approve or deny a written request relating to zoning, including rezoning requests, conditional use permits and variances. This requirement is known as the “60-Day Rule.” Minn. Stat. § 15.99. Manco of Fairmont v. Town Bd. of Rock Dell Township, 583 N.W.2d 293 (Minn. Ct. App. 1998) cf. American Tower, L.P. v. City of Grant, 636 N.W.2d 309 (Minn. 2001). Hans Hagen Homes, Inc. v. City of Minnetrista, 728 N.W.2d 536 (Minn. 2007) distinguished by Johnson v. Cook Cty., 786 N.W.2d 291 (Minn. 2010). The 60-Day Rule is a state law that requires cities to approve or deny a written request relating to zoning within 60 days or it is deemed approved. The underlying purpose of the rule is to keep governmental agencies from taking too long in deciding land use issues. Minnesota courts have generally demanded strict compliance with the rule. See LMC information memo, Zoning Guide for Cities, Section V-A, The 60-Day Rule. All planning commission review of zoning related applications must be completed in a manner that allows the city to complete its entire approval process within the timeframe dictated by the 60-Day Rule. Local ordinance should not establish timeframes for planning commission review of applications or appeal of commission decisions that do not allow the city to comply with the 60-Day Rule. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 21 C. Commission policies on order and meeting structure See Planning Commission Structure and Procedure, LMC Model Policy. See LMC information memo, Meetings of City Councils. See LMC information memo, Zoning Guide for Cities, Section V-C-2-b on conducting a public hearing City ordinance may provide for the adoption, subject to the city council’s approval, of planning commission policies related to meeting rules of order and procedure (sometimes referred to as bylaws). Such policies should be adopted by resolution, not ordinance. A policy setting forth rules of procedure can help the planning commission run its meetings, prepare agendas, call special meetings and handle public comment appropriately. Because planning commissions often conduct public hearings, the policy should prescribe a procedure for conducting orderly public hearings. The policy should establish procedures related to: • Meeting time and place, including provisions for calling special meetings. • Quorum requirements. • Voting and making official recommendations. • Order of proceedings for both regular meetings and public hearings. • Creating, ordering and submitting items to an official agenda. • Minute taking and record keeping requirements. • Appointment and duties of officers, such as chairperson. • Filling vacancies. • Creation of management of subcommittees. D. Minutes and official records Cities, including city planning commissions, are required by law to create an accurate record of their activities. In addition, cities, including city planning commissions, must retain government records in accordance with the records retention laws. 1. Minutes and records See Handbook, Records Management. Minn. Stat. § 15.17, subds. 1, 2. See LMC information memo, Meetings of City Councils for more information on minutes. State law requires all officers and agencies of the state, including planning commissions in statutory and home-rule charter cities, to make and preserve all records necessary for a full and accurate knowledge of their official activities. These records include books, papers, letters, contracts, documents, maps, plans and other items. State statutes do not explicitly require planning commissions to take minutes of their meetings, but such minutes may be necessary to make a full and accurate record of the commission’s proceedings. See LMC information memo, Zoning Guide, Section V-C-2 on making a record of the basis for zoning decisions. Minutes are further recommended because the actions of planning commissions and land use decisions, in general, are frequently subject to court review. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 22 When a city land use decision is reviewed by a court of law, the court requires cities to document the basis for their land use decisions in written, contemporaneous findings of fact. Planning commission bylaws or city policy should set the requirements for meeting minute approval and content. For example, a policy may require the minutes to reflect all motions and resolutions and votes taken by the commission. Planning commission policy also may assign responsibility for minute taking to the commission secretary or to a city staff member. 2. Findings of fact LMC information memo Taking the Mystery out of Findings of Fact. In addition to minutes, whenever the planning commission makes an official recommendation related to a matter referred to it by council or on a land use application submitted to the city (for example, a conditional use permit, zoning amendment, variance or subdivision application), it should create written findings of fact supporting the recommendation. Findings of fact from the planning commission serve three important roles: • They articulate to the city council the planning commission’s recommendations on issues before the commission, including its basis for making its recommendations. • They communicate to a land use applicant the commission’s approval of a project or identify for the applicant disapproval and the reasons for such disapproval. • They support the city’s ultimate decision on the issue should the city’s decision be challenged in court. LMC information memos: Taking the Mystery out of Findings of Fact; Zoning Decisions. In land use cases, Minnesota courts are looking for a sufficient statement of the reasons given by the city to grant or deny an application request. The role of the court is to examine the city’s reasons and ascertain whether the record before the city council supports them. The reasons given by the city must be legally sufficient and have a factual basis. Minnesota case law and statutory law demand that the reasons for a city’s decision on a land use case be articulated in the official record. Written findings of fact, or “reasons,” and conclusions of law are required whenever an application is denied. In addition, written findings of fact and conclusions of law are strongly recommended whenever a decision or recommendation related to a land use decision is made. Findings of fact and creating accurate records are discussed at length in the LMC Information Memo “Zoning Guide for Cities.” 3. Records retention requirements Minn. Stat. § 15.17. Minn. Stat. § 138.225. Minn. Stat. §§ 138.161-.21. State law limits the ability of cities, including city planning commissions, to dispose of or destroy city records. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 23 A.G. Op. 851F (Feb. 5, 1973). See Handbook, Records Management. Cities must retain records that they receive or create according to a records retention schedule. It is a crime to destroy such records without statutory authority. See LMC information memos, Taking the Mystery out of Findings of Fact; Land Use Findings of Fact: Elected Officials as Policy makers and Zoning Decisions. Maintaining adequate records is also vital for defending the city’s land use decisions in a court of law. V. Changing the structure or abolishing the planning commission A. Abolishing the planning commission Minn. Stat. § 462.354, subd. 1. Minn. Stat. § 410.12. See Handbook, The Home Rule Charter City. State statute provides that planning commissions created by city ordinance may be abolished by two-thirds vote of all the members of the governing body. Planning commissions created by city charter can be abolished by following the statutory provisions for amending a city charter. Cities considering abolishing their planning commission should seek the advice of their city attorney. While state statute allows cities to abolish their planning commission, state statute also vests planning commissions with mandatory duties related to: Minn. Stat. § 462.355, subd. 3. Minn. Stat. § 462.356, subd. 2. Minn. Stat. § 462.357, subd. 4. • Reviewing amendments to the comprehensive plan. • Reviewing purchase and sale of public property and capital improvement projects. • Reviewing zoning ordinance amendments. Because state statute vests planning commissions with these mandatory duties, it is unclear how a city that has abolished its planning commission would proceed under state statute with necessary amendments to official controls, purchase and sale of property and capital improvements. B. Modifying the planning agency “Counting the Votes on Council Actions, Part 1 and Part 2,” Minnesota Cities (May and June-July 2006, p. 19). Minn. Stat. § 410.12. Planning commissions created by city ordinance may be modified by an ordinance amendment (for example, to change from a five- to seven-member commission). The ordinance must be approved by a simple majority of city councilmembers present at the meeting. Consult the city charter to modify planning commissions created by city charter. VI. Joint or multijurisdictional planning State statutes create multiple means for cities to collaborate with other RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 24 governmental bodies, including other cities, counties and towns, on comprehensive land use planning. A. Community-Based planning Minn. Stat. § 462.3535, subd. 1, 2. Minn. Stat. § 462.3535, subd. 4. Cities are encouraged, but not required, to prepare and implement a community-based comprehensive municipal plan. This language is very similar to comprehensive planning as discussed above, but is not the same. Community-based comprehensive municipal plans contain an element of orderly annexation and/or boundary adjustment planning along with traditional land use and community planning. In cities that opt for community-based comprehensive municipal plans, the city must coordinate its plan with the plans, if any, of the county and the city's neighbors. Cooperation is designed to: • Prevent the plan from having an adverse impact on other jurisdictions. • Complement the plans of other jurisdictions. In cities that opt for community-based comprehensive municipal plans, the city must prepare its plan to be incorporated into the county's community- based comprehensive plan, if the county is preparing or has prepared one, and must otherwise assist and cooperate with the county in its community- based planning. Community-based comprehensive municipal plans do not appear to be common. Cities interested in this option should consult their city attorney or a planning consultant. B. Joint planning boards for unincorporated territory within two miles of the city limits Minn. Stat. § 462.358, subd. 1a. If a city has already opted to extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits before the creation of a joint board, those subdivision regulations will apply until the joint board adopts subdivision regulations. Minn. Stat. § 462.3585. If a city has unincorporated area within two miles of the corporate limits of a city, a joint planning board may be formed. A city council or a county board or a town board may require the establishment of a joint planning board on their own initiative by passing a resolution requiring a board to be established. The resolution, once passed, must be filed with the county auditor. The city, county and town must agree on the number of board members for the joint board. However, each participating governmental unit must have an equal number of members. The members must be appointed from the governing bodies of the city, county and town. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 25 Once established, the board is authorized to: Minn. Stat. § 462.3585. • Serve as the governing body and board of appeals and adjustments within the two-mile area. Minn. Stat. § 462.3585. Minn. Stat. § 462.354, subd. 1. • Create a planning agency. Minn. Stat. § 462.3585. Minn. Stat. § 462.354, subd. 2. • Create a BZA. Minn. Stat. § 462.3585. Minn. Stat. § 462.355. • Adopt a comprehensive plan. Minn. Stat. § 462.3585. Minn. Stat. § 462.355, subd. 4. LMC information memo Zoning Guide. • Adopt interim ordinances. Note that the law on interim ordinances for certain uses is specific and varied. Best practice suggests consultation with the city attorney before adopting interim ordinances. Minn. Stat. § 462.3585. Minn. Stat. § 462.357. • Adopt zoning ordinances. Minn. Stat. § 462.3585. Minn. Stat. § 462.358. • Adopt subdivision regulations. Minn. Stat. § 462.3585. Minn. Stat. § 462.359. • Adopt an official map. Minn. Stat. § 462.3585. Minn. Stat. § 462.3595. • Provide for and issue conditional use permits. Minn. Stat. § 462.3585. Minn. Stat. § 462.362. • Enforce official controls and prescribe penalties for violations. Minn. Stat. § 462.3585. • Adopt and enforce the State Fire Code. The city must provide staff for the preparation and administration of land use controls unless otherwise agreed by the governmental units composing the board. C. Regional planning boards Minn. Stat. § 462.371. See Handbook, Intergovernmental Cooperation. See LMC information memo LMCIT Liability Coverage Guide. Any two or more counties, cities or towns may enter into a joint powers agreement to conduct regional planning activities. The participating entities do not need to be contiguous. Minn. Stat. § 462.372. The joint powers agreement creating a regional planning agency should: • Establish a board composed of members selected from the governing bodies of the participating governmental units. • Set the number of board members. • Establish terms of office for board members. • Establish a method for member appointment and removal. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 26 • Create a framework for adoption of a regional plan, and provide timelines for review and comment on the plan by participating governmental units. • Create a framework for review of participating governmental unit comprehensive plans and a timeline for comment on such plans by the regional board. Minn. Stat. § 462.373, subd. 1. The regional planning board may hire a planning director and staff, including consultants, and appoint an advisory planning commission. Minn. Stat. § 462.373, subd. 2. The regional planning board may prepare a plan for the development of the region. However, the plan may not be adopted by the regional planning board until it has been referred to the governing bodies of all participating units for their review and their recommendation. Minn. Stat. § 462.374. Once the plan has been prepared, participating governmental units within the region may adopt all or any portion of the regional development plan. Minn. Stat. § 462.375. When a regional plan is adopted, the regional planning agency must send a copy of the plan and any future revisions to the commissioner of employment and economic development, to the governing bodies of cooperating governmental units, and to the planning agencies in contiguous areas. D. Regional development commissions and comprehensive planning activities Minn. Stat. § 462.383. Regional development commissions are separate entities from regional development boards discussed above. Regional development commissions are created by state statute to provide a means of pooling the resources of local governments to approach common problems related to urban and rural growth and development. Minn. Stat. § 462.385. Development regions are set by state statute and are numbered as follows: Northwest Development Commission. Region 1: Kittson, Roseau, Marshall, Pennington, Red Lake, Polk, and Norman. Headwaters Regional Development Commission. Region 2: Lake of the Woods, Beltrami, Mahnomen, Clearwater, and Hubbard. Arrowhead Regional Development Commission. Region 3: Koochiching, Itasca, St. Louis, Lake, Cook, Aitkin, and Carlton. West Central Initiative. Region 4: Clay, Becker, Wilkin, Otter Tail, Grant, Douglas, Traverse, Stevens, and Pope. Region Five Development Commission. Region 5: Cass, Wadena, Crow Wing, Todd, and Morrison. Mid-Minnesota Development Commission. Region 6E: Kandiyohi, Meeker, Renville, and McLeod. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 27 Upper Minnesota Valley Regional Development Commission. Region 6W: Big Stone, Swift, Chippewa, Lac qui Parle, and Yellow Medicine. East Central Regional Development Commission. Region 7E: Mille Lacs, Kanabec, Pine, Isanti, and Chisago. Southwest Regional Development Commission. Region 8: Lincoln, Lyon, Redwood, Pipestone, Murray, Cottonwood, Rock, Nobles, and Jackson. Region Nine Development Commission. Region 9: Sibley, Nicollet, LeSueur, Brown, Blue Earth, Waseca, Watonwan, Martin, and Faribault. Region 10: Rice, Goodhue, Wabasha, Steele, Dodge, Olmsted, Winona, Freeborn, Mower, Fillmore, and Houston. Metropolitan Council. Region 11: Anoka, Hennepin, Ramsey, Washington, Carver, Scott, and Dakota. Minn. Stat. § 462.39, subds. 4, 5. Minn. Stat. § 462.391, subd. 1a. The creation of a regional development commission does not affect the rights of counties or cities to conduct their own planning activities. Instead, regional development commissions are designed to support planning for cities. Cities may request that a regional commission review, comment, and provide advisory recommendations on local plans or development proposals. VII. Training and resources for planning commission members Planning commission members perform a vital role for their community. Training materials and seminars can increase the effectiveness of city planning commissioners and are essential for protecting the city’s legal interests. LMCIT Land Use Resources. The League of Minnesota Cities Insurance Trust has a Land Use Loss Control Program to assist members through phone consultations and online training. In addition, the Land Use Loss Control Program has extensive written materials available at no cost to members. Additional training and materials may also be obtained from private vendors such as: Government Training Services. American Planning Association. • Government Training Services (GTS). • The American Planning Association. Sec. 90-31. - Planning commission. The planning commission shall serve as advisors to the city council by preparing and making recommendations regarding the appropriateness of the city's comprehensive plan, zoning ordinance, subdivision regulations, and such other matters that impact the orderly and efficient development of the community. The planning commission shall act only as a body sitting in open session duly noticed, as required by law. The planning commission may appoint subcommittees or individuals to prepare polices, findings, and reports for consideration by the entire commission at a regular meeting thereof. (1) The planning commission shall consist of seven persons, all residents of the city and eligible voters, appointed by the city council for staggered four-year terms. The city attorney, city engineer, and city health officer, or their representatives, may serve as nonvoting, ex officio members upon request of the commission. Terms of office shall be staggered such that no more than two voting members' terms shall expire in any one year. (2) A quorum of the planning commission shall consist of four voting members, and it shall require the affirmative vote of a majority of the planning commissioners present (so long as there is a quorum) to approve any motion, resolution, or other official action. (3) Commission officers shall include a chairperson, a vice-chairperson, and a secretary, all appointed annually by the city council. The secretary need not be a member of the planning commission. The chairperson and vice-chairperson have full voting rights and need not limit their votes to cases of a tie. (4) Planning commissioners may be removed from office by the city council for: a. Changing their place of residence to a location outside the corporate boundaries of the city or otherwise not meeting the requirements for office. b. Failure to perform their official duties, including not attending called and noticed meetings. c. Behavior disruptive to the good order and efficiency of the commission. d. Moral turpitude. (5) Vacancies on the planning commission shall be filled by the city council as soon as practical after the vacancy occurs, and such appointments shall be made for the unexpired portion of the vacated term. (6) The planning commission may adopt such other rules of order as it deems necessary for the efficient conduct of its responsibilities. (7) Planning commission responsibilities: a. To study, report, and make recommendations on amendments to the city's comprehensive plan and land use regulations. b. To conduct hearings and make recommendations regarding the issuance of conditional use permits. c. To conduct hearings and make recommendations regarding requests for rezoning. d. To conduct hearings and make recommendations regarding the subdivision and platting of property. e. To review and make recommendations on commercial and industrial site plans. f. To review and make recommendations on variances associated with site plans, preliminary plats, and conditional use permits. g. Perform such other duties as the city council may, from time to time, prescribe. (Prior Code, § 1015-030.1) Chapter 2 - 8 2.11 PLANNING COMMISSION. 1. Purpose. The City Council finds it necessary to guide the future development of land within the City through comprehensive planning for the purposes of (1) ensuring a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities; (2) promoting the public health, safety, and general welfare; (3) preparing for anticipated changes in land use, thereby causing significant savings in both private and public expenditures; and (4) providing for necessary public services on the lowest possible cost basis and achieving the maximum secured tax base for the community. 2. Definitions. The following words and phrases when used in this Section shall have the following meanings: A. “Commission” means the Planning Commission. B. “Land Use Plan” means a compilation of policy statements, goals, standards, maps, and use programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire City, as well as a specialized plan showing specific areas or specific types of land uses such as residential, commercial, industrial, public, or semi-public uses or any combination thereof. C. “Transportation Plan” means a compilation of policy statements, goals, standards, maps, and use programs for guiding the future development of the various modes of transportation in the City such as streets and highways, mass transit, railroads, trucking, and includes a major thoroughfare plan. D. “Community Facilities Plan” means a compilation of policy statements, goals, standards, maps, and use programs for guiding the future development of the public or semi-public facilities of the City such as recreational, educational, and cultural facilities. E. “Capital Improvements Program” means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the City, and such other information as the Commission deems relevant. F. “Official Map” means a map adopted in accordance with Minnesota Statutes Section 462.359, showing existing streets, proposed future streets, and the area needed for widening existing streets of the City. The map may also show the location of existing and future public land and facilities within the City. Chapter 2 - 9 3. Planning Commission Established. A. Creation. There is hereby created a Planning Commission for the City of Mahtomedi to be comprised of seven (7) members appointed by the City Council. B. Term. The term of each member shall be for three (3) years. Members may be removed at the discretion of the City Council. C. Vacancies. If a Commission member is absent from three (3) meetings during a one (1) year period, unless excused in advance by the Chairperson, that commission member will be considered to have abandoned their position, creating a vacancy. In the event of a vacancy, the City Council shall appoint a successor to fill the vacant position for the remainder of the unexpired term. D. Qualifications. Each member shall be a resident of the City of Mahtomedi. All members shall serve without compensation. E. Chairperson. At its first meeting every April, the members of the Planning Commission shall appoint from among their membership a chairperson to serve for a term of one (1) year. The chairperson shall preside at all meetings of the Commission if present and shall perform all other duties and functions assigned by the Commission or by the City Council. The members of the Commission may appoint from among the membership a vice-chairperson to act for the chairperson during his or her absence. 4. Meetings. The Commission shall meet on the second Wednesday of every month. A majority of all members of the Commission shall constitute a quorum. A quorum is required for any action to be taken by the Commission.. Unless otherwise provided, any action taken by the Commission shall be by the affirmative vote of a majority of the members present. The Commission may adopt such rules and regulations governing its proceedings as it deems necessary for the proper conduct of its business. The Commission shall keep a public record of its meetings, resolutions, findings, and reports. 5. General Powers and Duties. The Commission shall have the powers and duties given to city planning agencies generally by law. The Planning Commission shall also exercise the duties conferred upon it by this Code and the Zoning Ordinance, including those related to Zoning Ordinance Amendments, Conditional Use Permits, Variances, and Site Plan Review. 6. Comprehensive Plan. The Commission shall prepare and recommend to the City Council a comprehensive municipal plan for the City of Mahtomedi. Such plan shall include a compilation of policy statements, goals, standards, and maps for Chapter 2 - 10 guiding the physical, social and economic development, both private and public, of the City and shall include a statement of policies, goals, and standards for (a) a land use plan; (b) a community facilities plan; (c) a transportation plan; (d) a capital improvements program; and (e) an official map. The comprehensive plan may be prepared in sections, each of which shall relate to a major subject of the plan or to a major geographical section of the City. A. Plan Adoption and Amendment. The Commission may adopt and amend a comprehensive municipal plan as its recommendation to the City Council. The plan may be adopted in sections, each of which shall relate to a major subject of the plan or to a major geographical section of the City. Before adopting the comprehensive plan or any section or amendment thereto, the Commission shall hold at least one (1) public hearing thereon. A notice of the time, place, and purpose of the hearing shall be published once in the official newspaper of the City at least ten (10) days before the day of the hearing. Adoption and amendment of the comprehensive plan or of any section thereof shall be by resolution adopted by a majority of all the members of the Commission. When adopted, a copy of the plan or of any section or amendment thereof shall be certified to the City Council. B. Adoption of Plan by City Council. Upon receiving a certified copy of the plan or of any section or amendment thereof from the Commission, the City Council may, by resolution of the majority of its members, adopt or amend the comprehensive plan or portion thereof so recommended as the official comprehensive plan of the City. After a public hearing upon such recommendation, notice of the time and place of which shall be given by publication once in the official newspaper of the City at least ten (10) days before the day of the hearing, until so adopted by the City Council, the plan or any section, or amendment thereof shall constitute only the recommendation of the Commission. C. Recommendations for Plan Execution. Upon recommendation by the Commission, the comprehensive plan or any section or amendment thereof, may be studied and the Commission may propose to the City Council reasonable and practicable means for putting the plan, section or amendment into effect. Such means may include zoning regulations, regulations for the subdivision of land, official map, a program for coordination of normal public improvements and services, and a capital improvement program. D. Plan Compliance. After a comprehensive plan, section, or amendment thereof has been certified to the City Council, no publicly owned interest in real property within the City shall be acquired or disposed of or any capital improvement authorized by the City, or any other agency or political subdivision having jurisdiction within the City, until after the Chapter 2 - 11 Commission has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the City Council its findings as to compliance with the comprehensive plan. If the Commission fails to report on the proposal within forty-five (45) days after such reference, such failure to report shall be deemed to have satisfied the requirements of this section. If the City Council determines that the proposed acquisition or disposal of real property or capital improvement bears no relationship to the comprehensive plan, it may dispense with the requirements of this section by resolution adopted by two-thirds vote. E. Studies. In exercising the powers granted under this Section, the Commission, with prior approval of the City Council, may collect and analyze data, maps, charts, tables, and other illustrations and displays and conduct necessary studies. The City Council may publicize findings and suggestions on planning matters within the scope and objectives of this Section. F. Appropriation. The City Council may appropriate moneys from any fund not dedicated to other purposes in order to finance planning activities authorized by this Section. The City Council may receive and expend grants and gifts for such planning purposes and may enter into contracts with other governmental units or private agencies in furtherance of the planning activities authorized herein. G. Plan Effectuation. Upon prior approval of the City Council and its finding that such action will promote the public health, safety, and general welfare, the Commission may prepare additional procedures for plan effectuation, including (a) zoning ordinances, (b) subdivision regulations, (c) official maps, and (d) such other means of plan execution as will accomplish the purposes of this Section. Such procedures shall be prepared in accordance with the provisions of Minnesota Statutes Chapter 462 and shall be certified to the City Council for its review and consideration. 2.12 PUBLIC ACCOUNTANT. The City Council shall appoint a Public Accountant for the purpose of auditing, examining, and reporting upon the books and records of accounts of the City each year in accordance with the minimum auditing procedures prescribed by the Public Examiner pursuant to Minnesota Statutes Section 412.222. The Public Accountant shall serve as an independent contractor and shall be compensated for his or her services as the City Council may from time to time prescribe. Oakdale MN Code of Ordinances: Chapter 16 - Page 1 CHAPTER 16 PLANNING AND DEVELOPMENT Article I Planning Commission Article II Reimbursement of Consultant Development Fees Article III Environmental Review Program ARTICLE I. PLANNING COMMISSION Sec. 16-01. Commission Established. A Planning Commission for the city is hereby established. The Commission serves as an advisory board for the City Council and City Administrator. All conclusions reached by the commission shall serve as recommendations and powers of execution shall be vested in the City Council. Sec. 16-02. Functions and Duties of Commission. The Planning Commission shall act in an advisory capacity to the City Council and City Administrator in all matters pertaining to planning, development, and redevelopment. Specific responsibilities of the commission shall be: (1) To establish plans, policies, and procedures in matters relating to planning, development, and redevelopment. (2) To assist the City Council in developing, reviewing, and analyzing planning programs, development proposals, and redevelopment programs. (3) To educate the City Council on planning, development, and redevelopment issues. (4) To interview and review work of the planning consultant. (5) To assist in the collection of background data to assist the City Council to determine goals, policies, and programs for future development of the community. (6) To assist with the preparation and updating of the comprehensive plan. (7) To assist in the preparation of development controls. (8) To review development proposals and proposed changes to city ordinance. (9) To assist in preparation of a Capital Improvements Program. (10). To make recommendations on proposed boundary changes. Sec. 16-03. Composition of Commission; Appointment to Commission. The Planning Commission shall consist of seven (7) regular members, appointed by the City Council. A simple majority of the serving members shall constitute a quorum. Vacancies shall be filled by City Council appointment for the remainder of the unexpired term. Resignation of Planning Commission members shall be submitted in writing to the City Council. At their discretion, the City Council may appoint up to two (2) student representatives to serve on the commission; such individuals shall serve in an advisory role without voting privileges and do not need to meet the age or residency requirements for a commissioner. Sec. 16-04. Terms of Members. Members of the Planning Commission shall be appointed by the City Council for three (3) year terms. Terms, in general, begin July 1 of each year. Members that have served on one commission for three consecutive terms shall be given the option of submitting an application to be considered for appointment to another advisory commission or to submit an application to be considered for appointment to the same commission the following June. Exception: at the sole discretion of the City Council, seated commissioners that have served on one commission Oakdale MN Code of Ordinances: Chapter 16 - Page 2 for three or more consecutive terms may be reappointed to the same commission when the continuation of their service on said commission is deemed vital to projects and/or programs under the purview of the commission. The initial term for appointments to the commission shall be staggered so that only three (3) new appointment or reappointments need to be made in any one year. (Ord. 833, 10/10/17) Sec. 16-05. Organization of Commission . The Planning Commission shall elect from its membership, a Chairperson and Vice-Chairperson annually at its first meeting of each year. The election of Chairperson is subject to veto by the Mayor. The Planning Commission shall adopt its own Rules of Order and Bylaws for the purpose of governmental procedure. Sec. 16-06. Commission Meetings and Records. The Planning Commission shall hold regular meetings as established in the bylaws. These meetings shall be open to the public. The Planning Commission shall submit copies of its meeting minutes to the City Council following each scheduled meeting and shall submit periodic reports when requested by the City Council. Sec. 16-07. Removal of Commission Members. Commission members may be removed, at will, by action supported by a majority of the City Council. Also, given that the City Council expects diligence in attendance by the members of the Planning Commission at commission meetings, excessive absences will be considered as grounds for removal from the commission. Sec. 16-08. Residency Requirement. No person appointed to represent the residents shall continue to serve on the commission once that member has taken residence outside of the corporate limits of Oakdale. A written resignation shall be submitted to the City Council in this instance. ARTICLE II. REIMBURSEMENT OF CONSULTANT DEVELOPMENT FEES Sec. 16-09. Definitions. As used in this article:  Costs means any time or expense incurred by the city for services performed by the Community Development Director, Public Works Director/City Engineer and City Attorney or any other regular staff consultants.  Development means any subdivision, planned unit development, rezoning special use permit, variance, vacation, building addition, or site plan; or proposed rezoning, special use permit, variance, building addition, or change in site plan; or any amendment to a previously approved subdivision, planned unit development, rezoning, special use permit, variance, vacation, building addition, or site plan.  Owner means any property owner, applicant, or duly authorized representative of a development. Sec. 16-10. Reimbursement Required. Any owner that causes the city to incur costs on behalf of, or on account of, that owner, associated with a proposed development, shall reimburse the city for the actual costs expended by the city on behalf of, or on account of, said owner. Any development which involves only one platted residential lot, for a non-commercial purpose, located in a residential zoning district shall not be responsible for costs incurred by the city beyond the initial application fee. Sec. 16-11. Deposit Required. The owner shall deposit with the city in escrow an amount, as determined by the City Administrator, necessary to cover the total costs associated with the proposed Oakdale MN Code of Ordinances: Chapter 16 - Page 3 development prior to the performance of any such services by the city's regular staff or consultants. However, if a proposed development and the related consultant review is anticipated to span a period of time in excess of ninety (90) days, the owner will only be expected to deposit a sum, as determined by the City Administrator, necessary for the city to pay all costs for said ninety (90) days. The owner will then be expected to maintain the escrow fund at a balance equal to the original amount deposited. Any escrow shall be held in a special escrow account and shall be credited to the said subdivider, owner, or developer. Staff time and legal expenses incurred by the city in plat approval, office and field checking, setting grade and drainage requirements, general supervision, staking, inspection, installation and cost of traffic control and street signs, drafting as-built drawings and all other city staff and consultant services performed in the processing of said improvements and developments, administrative and legal expenses in examining title to the property being developed shall be charged to the aforementioned account and shall be credited to the city. Sec. 16-12. Monthly statements of Expenditures Required . The city will provide itemized statements to the owner by the tenth day of each month showing the city's expenditures for staff and consultant services for the prior month associated with a development together with the current balance in the developer’s escrow fund, and a statement, if additional funds are requested, to maintain the fund at the level established. No statement will be sent if there are no transactions during the preceding month in the escrow fund. The city shall itemize all time, services, and materials billed to any developer's escrow account and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the City Council. The subdivider, owner, or developer making the deposit(s) in the escrow account shall, upon request, be furnished a copy of said itemized charges. Any balance remaining in the account upon completion of all platting conditions shall be returned to the depositor by the Finance Department after all claims and charges thereto have been paid. Sec. 16-13. Reimbursement of Escrow Fund. The owner shall reimburse the escrow fund for any deficits caused if the amount actually expended by, or billed to, the city exceeds the escrow fund balance. Sec. 16-14. Refund of Unexpended Balance. The city shall refund any monies deposited in the escrow fund not expended for consultant fees within thirty (30) days after completion of any city consultant services associated with the development. Sec. 16-15. Escrow Fund not to Draw Interest. The city shall not pay interest on the monies deposited in the escrow fund. Sec. 16-16. Rates Established. The City Administrator shall establish the rates charged for the services performed by city staff or consultants. ARTICLE III. ENVIRONMENTAL REVIEW PROGRAM Sec. 16-17. Generally. The provisions of the rules of the Environmental Review Program, 6MCAR 3.021 to 3.048, one copy of which is on file in the office of the City Clerk, are hereby adopted, together with the other provisions of this article, as the environmental review operating procedures this city will follow in implementing the provisions of Minnesota Statutes Chapter 116D relating to the Oakdale MN Code of Ordinances: Chapter 16 - Page 4 Environmental Review Program and any rules adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this article shall have the same meaning as the terms used in Chapter 116D and the rules adopted thereunder. Sec. 16-18. Cost of Preparation and Review. (a) Information to be Provided. The applicant for a permit for any action for which environmental documents are required either by State law or by the City Council shall supply in the manner prescribed by the City Administrator, or representative, all unprivileged data or information reasonably requested by the city that the applicant has in their possession or to which the applicant has reasonable access. (b) Environmental Assessment Worksheets. The applicant for a permit for any action for which an Environmental Assessment Worksheet (EAW) is required either by State law or rules or by the City Council, shall pay all costs of preparation and review of the EAW, and, upon the request of and in the manner prescribed by the City Administrator, or representative, shall prepare a draft EAW and supply all information necessary to adequately complete that document. (c) Environmental Impact Statement. The city and the applicant for a permit for any action for which an Environmental Impact Statement (EIS) is required shall comply with the provisions of the "Rules Governing Assessment Costs for Environmental Impact Statements", one copy of which is on file in the office of the City Clerk, unless the applicant and the City Council provide otherwise by a written agreement. (d) Payment of costs. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied in adequate detail and until the environmental review process has been completed as provided in this article, and pursuant to any written agreements entered into by the applicant for the permit or permits and the City Council under Section 16-21(e). (e) Agreements concerning cost of preparation and review. The applicant for a permit for any action for which an EAW or EIS is required and the City Council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS as provided in 6MCAR 3.042. Sec. 16-19. Administration. (a) The City Administrator, or representative, shall be the person responsible for the administration of the environmental review program, this article, and the rules adopted by reference by this article. (b) The Community Development Director shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under 6MCAR 3.024. The Community Development Director shall also determine those proposed actions for which an optional EAW may be required under the provisions of the article and shall notify the Planning Commission and the City Council of these proposed actions. (c) All EAWs and EISs shall be prepared under the direction of the Community Development Director, reviewed by the Planning Commission and reviewed and approved by the City Council. Oakdale MN Code of Ordinances: Chapter 16 - Page 5 (d) When reviewing an EAW or EIS, the Community Development Director and the Planning Commission may suggest design alterations that would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact on the action. (e) After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under 6MCAR 3.025, "that an action is major and has potential for significant environmental effects", and whether the action "is of more than local significance". Sec. 16-20. Enforcement and Penalty. (a) No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this article have been completed. (b) Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for ninety (90) days or both. Each day that the violation is permitted to exist constitutes a separate offense. (c) No work shall commence, and any work in progress on any project for which environmental documents are required shall cease, until the environmental review procedures established by this article are fully complied with. 210 AN ORDINANCE ESTABLISHING A PLANNING COMMISSION PURSUANT TO MINN. STAT. §462.354. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 210.010 Establishment. There is hereby established pursuant to Minn. Stat. §462.354 a Planning Commission for the City of Oak Park Heights. 210.020 Composition. Such Planning Commission shall consist of five (5) members providing as follows: (a) There shall be a Councilperson designated by the Mayor with the consent of the City Council to be a liaison to the Planning Commission. Such Councilperson shall serve without voting power and in a capacity as ex officio to the Planning Commission. Additionally, the Council may designate an alternate from the Council to serve in such capacity should the primary Council appointee be unable to attend. (b) The five members of the Planning Commission shall be appointed by the City Council. All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three (3) years with the initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one (1) year, no member shall serve more than two (2) consecutive terms on the Planning Commission. Any member of the Planning Commission may be removed at any time by a 4/5 vote of the City Council, with or without cause. Should any Planning Commission member fail to attend three (3) consecutive regular meetings of the Planning Commission or fail to attend four (4) meetings within a twelve (12) month period, that position shall be determined to be vacant and the Council shall reappoint a person to fill the balance of the term remaining in that member’s position. (c) The City Council may from time to time, by resolution, appoint other persons to the Planning Commission to serve in a non-voting/liaison capacity, for limited periods of time and for specified issues on topics for which they have a special interest or expertise determined by the Council to be of benefit to the Planning Commission. 210.030 Meetings. The Planning Commission may hold at least one regular meeting each month. The regular meeting date of the Planning Commission shall be established by Resolution of the City Council from time to time. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its Resolutions, transactions, minutes and findings which records shall be public. 210.040 Organization and Chairperson. The Planning Commission shall elect a chairperson from among its appointed members for the term of two years. No member shall serve as chairperson for more than two consecutive terms. Vacancies occurring within the Planning Commission shall be filled for the balance of the term by appointment from the City Council. The Commission shall also keep a record of the minutes of each of its meetings. 210.050 Powers and Duties of the Planning Commission. The Planning Commission shall consider and make recommendations on all matters affecting zoning, subdivision and building regulations and land use development, comprehensive plans and other matters referred to it by the City Council from time to time. All recommendations made by the Planning Commission shall take into consideration the established policies of the City Council on such matters. The Planning Commission shall also carry on City planning activities and recommend such plans for the regulation of future physical development of the City including land use and building construction. 210.060 Compensation. Compensation of Planning Commission Members as selected by the City Council shall serve without compensation except as otherwise established by Resolution of the City Council. Amended: Section 210.02. Passed and adopted May 28, 1999. Section 210.020 Passed and adopted September 25, 2001