HomeMy WebLinkAbout#13 - Wyndham VillageSTAFF REPORT
DATE: 2/20/18
REGULAR
AGENDA ITEM: #13
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Wyndham Village Subdivision Sketch Plan Review and Comprehensive Plan
Amendment
REVIEWED BY: Ben Gozola, Consultant City Planner
Jack Griffin, City Engineer
BACKGROUND:
The Council considered a proposed Subdivision Sketch Plan Review and Comprehensive Plan
Amendment to re-guide the development area from Rural Single Family to Village Low Density
Residential for the proposed development Wyndham Village at its November 21, 2017 meeting and
tabled the item at its January 16, 2018 and February 7, 2018 meetings for lack of a full Council out of
respect for the applicant due to the need for a 4/5 vote to pass a Comprehensive Plan Amendment.
The Council did not feel comfortable with allowing the proposed density increase because it was felt
that the sketch plan did not propose sufficient backyards.
REVIEW/ANALYSIS:
Usable Backyard Issue. The developer has revised the proposed sketch plan that was previously
submitted to the Council for review. The previous sketch plan did not provide backyards that the City
had felt were usable, as a 66 foot wide Northern Natural Gas Easement ran along the majority of the
backyards of the lots to the west of Liberty Court North. The revised plan reduces the number of
proposed lots from 13 to 10, reducing the proposed density from 2.17 units per acre to 1.67 units per
acre. Additionally, the developer has provided an exhibit which shows proposed building pad
locations that show a 20 foot rear yard principal building setback from the Northern Natural Gas
Easement. This exhibit shows that a pool and play set could reasonably fit within these backyards.
The standard setback for properties located within the Village Low Density Residential Zoning
District is 20 feet, and so Staff believes that so long as the lots in which the Northern Natural Gas
Easement is located maintain a 20 foot principal building rear yard setback from the easement that
these proposed lots will provide a sufficient rear yard.
Increased Density Issue. As mentioned above, the revised sketch plan reduces the proposed density
from 2.17 units per acre to 1.67 units per acre. The allowed density within the Village Urban Low
Density Residential land use is 1.5-2.49 units per acre, and the allowed density within the Rural
Single Family Sewered land use category is 0.66-2 units per acre.
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Greenbelt Buffer. The updated sketch plan increases the greenbelt buffer to the south of the
development. The previously-provided buffer was only approximately 40 feet in width, and the
applicant has increased the buffer to approximately 80 feet.
MUSA and Rural Single Family Sewered Land Use Option. The proposed development is
within the Metropolitan Urban Service Area (MUSA), and sewer will be made available through
Northport, the development to the north and east of the proposed development. Areas within the
City that are included in the MUSA must be developed at an average of three units per acre. In
2016, the City created a new land use that is called Rural Single Family – Sewered. This land use
is intended for properties that were platted for conventional subdivision prior to 2005 that have
been (and will continue to be) serviced by private on-site well and septic systems, unless within
the MUSA area. If within a MUSA, the City Council may consider connection to the sanitary
sewer system where practical. While the property does have the option of being re-guided to this
land use category, this option is not recommended by Staff for the following reasons:
• Lot Size Variances Needed. The smallest the lot sizes allowed would be 24,000 square
feet, and the smallest lot size proposed in the revised plan is 11,184 square feet, with only
one lot meeting the required minimum lot size. Therefore, variances would be required
for most of the lots within the proposed subdivision.
• Spot Zoning. Additionally, Northport (the development to the north and east of the
proposed development) is guided for Village Urban Low Density. This proposal would
essentially be an extension of the Village Urban Low Density land use that currently
exists. There are no properties adjacent to the proposed development that are guided for
Rural Single Family Sewered, and therefore re-guiding the proposed development to
Rural Single Family Sewered could be considered spot zoning.
If the Council does feel that the development should instead be re-guided to Rural Single Family
Sewered, the requested Comprehensive Plan Amendment should be denied, as the public hearing
advertised was specifically to re-guide the proposed development to Village Urban Low Density
Residential. A new public hearing notice would need to be advertised. Staff has prepared a
Resolution denying the proposed Comprehensive Plan Amendment that the Council may adopt if
it so chooses.
Deadline for Action. The City has already sent the applicant an extension letter, using its 120
days to take action on this land use application. The deadline for action was February 17, 2018,
but the applicant has requested an extension to April 18, 2018.
Recommended Findings. Staff recommends the following findings in regards to the proposed
Comprehensive Plan Amendment:
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department and
Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
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b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
Recommended Conditions of Approval. Staff recommends the following conditions in regards
to the proposed Comprehensive Plan Amendment:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the
receipt of formal notification from the Metropolitan Council that its review has been
completed and approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides usable rear yards for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City by maintaining a 20 foot principal building rear yard setback from the Northern
Natural Gas Company Easement.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
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. Concept Plan approval
does not afford the applicant development rights. When the property develops, it will have urban
services and will pay sewer and water connection charges, building permit fees and the like.
OPTIONS:
• Approve the proposed Comprehensive Plan Amendment re-guiding the proposed
development to Village Urban Low Density Residential with Staff-recommended findings
and conditions of approval.
• Amend Staff-recommended findings and conditions of approval for the proposed
Comprehensive Plan Amendment re-guiding the proposed development to Village Urban
Low Density Residential and approve with amended findings and conditions.
• Deny the proposed Comprehensive Plan Amendment with Staff-recommended findings.
• Amend Staff-recommended findings and conditions for denial of the proposed
Comprehensive Plan Amendment re-guiding the proposed development to Village Urban
Low Density Residential and deny with amended findings.
RECOMMENDATION:
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Staff and Planning Commission are recommending approval of the proposed Comprehensive Plan
Amendment to re-guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low
Density, based on the recommended findings and conditions of approval.
“Move to adopt Resolution 2018-006 approving the proposed Comprehensive Plan Amendment to
re-guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based
on the recommended findings and conditions of approval.”
Alternatively, if the Council feels that the Comprehensive Plan Amendment should be denied, Staff
has prepared a Resolution for denial with recommended findings.
“Move to adopt Resolution 2018-006 denying the proposed Comprehensive Plan Amendment to re-
guide PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based on
the recommended findings.”
Staff is recommending that the Council accept the revised Sketch Plan provided by JP Bush Homes
for a 10 unit single family detached residential development of PID#13.029.21.43.0001.
ATTACHMENTS:
1. Revised Subdivision Sketch Plan
2. Building Pad Location Exhibit
3. Previous Council Packet Item from 11/21/2017
4. Resolution 2018-006 approving the proposed Comprehensive Plan Amendment
5. Resolution 2018-006 denying the proposed Comprehensive Plan Amendment
BUSINESS ITEM 4D – Public Hearing
STAFF REPORT
DATE: 11/21/17
REGULAR
AGENDA ITEM: 15
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Wyndham Village Subdivision Sketch Plan Review and Comprehensive Plan
Amendment
REVIEWED BY: Ben Gozola, Consultant City Planner
Jack Griffin, City Engineer
BACKGROUND:
The Council is being asked to review a Sketch Plan for a proposed residential subdivision to the
southwest of Northport (formerly known as Village Park Preserve) and immediately north of the
Heritage Farm. The sketch plan includes 13 single-family residential detached homes on a total site
area of 5.97 acres. A Sketch Plan review requires no formal action by the Planning Commission.
The applicant is also requesting a Comprehensive Plan Amendment to re-guide the proposed
development area from Rural Single Family to Urban Low Density. The aforementioned request
requires review, a public hearing and recommendation to the Council.
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: Sketch Plan Review
Existing Land Use: Vacant
Existing Zoning: RS – Rural Single Family
Surrounding Area: North – Northport (Urban Low Density Residential); East – Northport
(Urban Low Density Residential); West – Rural Single Family
Residential; South – the Homestead (Open Space Preservation
Development)
Comprehensive Plan: Rural Single Family Density Residential (0.66-2 units per acre)
Proposed Zoning: LDR – Urban Low Density Residential (2.5 - 4 units per acre)
History: The property has long been used as a single family detached dwelling
unit
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Deadline for Action: Application Complete – 10/20/2017
60 Day Timeline – 12/19/2017
Extension Sent – N/A
Applicable Regulations: Article XII – Urban Residential Districts (LDR)
Chapter 153: Subdivision Regulations
REVIEW/ANALYSIS:
SUBDIVISION SKETCH PLAN REVIEW
Sketch Plan Review Process. The Lake Elmo Subdivision Ordinance specifies that as part of the
pre-application process for a new subdivision, the applicant must first submit a Sketch Plan for
review by the City. The Ordinance notes that the purpose of the Sketch Plan review is as follows:
Sketch plan. In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this chapter and the requirements or limitations
imposed by other city ordinances or plans, prior to the development of a preliminary plat, the
subdivider shall meet with the Planning Commission and prepare a sketch plan which
explains or illustrates the proposed subdivision and its purpose. The Planning Commission
shall accept the information received, but take no formal or informal action which could be
construed as approval or denial of the proposed plat.
Based on this wording, the Council is not being asked to take any formal action as part of the Sketch
Plan Review other than to accept the information received. Staff has completed an internal review of
the Sketch Plan, and general comments from Staff are included in this memorandum and applicable
attachment.
Sketch Plan Review. The Staff review comments that follow are all based on conducting a very high
level review of the Sketch Plan since there is not a lot of detailed information that is required at this
stage in the subdivision process. Staff has instead focused on the bigger picture items and those
things that would otherwise not allow the development to move forward if they contrasted with
elements from the Comprehensive Plan or the City Code.
Comprehensive Plan Amendment Required. The Property is currently guided for the Rural Single
Family land use, which allows a density of 0.66-2 units per acre. Because the Applicant is proposing
a density of 2.17 units per acre, a Comprehensive Plan Amendment would be required in order to
allow for a higher density. The Applicant has submitted a formal application, and this request is
discussed later in this report.
Zoning Map Amendment. If the proposed Comprehensive Plan Amendment is approved, the
property will need to be rezoned during Preliminary Plat approval. The properties to the north and
east of the subject parcel are guided for Village Urban Low Density (V-LDR) and have been re-
zoned to Urban Low Density Residential. This was because when these properties received
Preliminary Plat approval, there did not exist a Village Urban Low Density zoning district. The V-
LDR ordinance was created on 5/26/17, and so while this property could be rezoned to V-LDR, Staff
would recommend that the property be re-zoned similarly to those of adjacent properties in order to
avoid spot zoning. The Zoning Code states that densities within the Urban Low Density Zoning
District shall range from two 2 to 4 units per acre; however, the overall density for a specific
development area must be consistent with the net densities specified in the Comprehensive Plan.
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Because the proposed density of the development is consistent with both the Comprehensive Plan
and is within 2 to 4 units per acre, it would be appropriate to rezone the development area to Urban
Low Density Residential.
Land Use. The proposed land use within the development are single family detached homes, which
are a permitted use within the Urban Low Density Residential zoning district.
Greenbelt Corridor. As previously mentioned, the Comprehensive Plan indicates that a greenbelt
corridor should be established on the southern border of the proposed development. The greenbelt
corridor is meant to serve as a transitional area between future sewered growth within the Village and
existing rural development. The Comprehensive Plan states the following in regards to the greenbelt
corridor.
“Greenbelt Corridors. Greenbelt Corridors run along the perimeter of proposed
development and serve as transitional areas between future sewered growth within the
Village and existing rural development. The corridor may be reduced if the design of the
development includes the following: (1) a design that is mindful of the landscape features of
the site, providing enhanced environmental benefit, (2) a design that is consistent with
overall goals for the Village Land Use Plan, and (3) a design that meets the requirements of
the underlying land use category of the parcel. At a minimum, the corridor shall be
established and provided for by performance standards within the Zoning Code based upon
the locations of the existing Village Boundary and area guided for commercial use in the
northeastern portion of the Village. Not only will this provide a significant physical and
visual amenity, but it will also encourage more residential development closer to the Village
Center. Uses within the Greenbelt Corridor may include trails, passive recreation, public
gathering spaces, natural areas, storm water management systems, natural water courses,
small-scale or community oriented agricultural activities and other amenities intended for
aesthetic enjoyment.”
The above language does not indicate an exact width requirement for the corridor, though it appears
through using a scale on the land use map that the width of the corridor is 200 feet. The proposed
width of the buffer at its narrowest for this development is 40 feet. The proposed buffer’s proposed
use consists of a water treatment swale, which is an approved use as outlined above. Northport, to the
east of the proposed development, had a buffer width of approximately 125 feet from the southern
edge of the plat. The exhibit below shows how the lots within the proposed development extend
further south than the Northport development.
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It should be noted, however, that the Urban Residential Districts Article of the Zoning Code indicates
the following in regards to required setbacks for lots within this area:
“C. Lots Adjacent to Public Greenway Corridors. On any lot that abuts a public greenway as
depicted in the Comprehensive Plan the minimum setback for all structures, including
accessory buildings, shall be the required rear yard setback for the district in which said
structure is located.”
Additional Buffer/Screening Recommended. Because the buffer appears to encroach half way up
the development as shown below, this requirement would not be able to be met with the proposed
design. The southern boundary of the subdivision is along the north boulevard of 30th Street North
and proposes two storm water ponds connected by a drainage swale. It is recommended that
additional space be allocated at elevations higher than 30th Street to create a vegetative buffer
between the lots and this collector street.
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Lake Elmo Theming Study. The proposed development is within the Old Village Area. As the
applicant prepares Preliminary Plans for the proposed subdivision, staff would recommend that
various elements from the Lake Elmo Theming Study be included in the proposed plans.
Park Dedication. The proposed development is to the east of Reid Park. With recording of the
Northport plat, the City received approximately an additional 12.5 acres of parkland for an extension
of Reid Park. The Neighborhood Park Search Area map of the Comprehensive Plan’s Parks and
Recreation Plan does not identify this area for a neighborhood park. Therefore, Staff would not
recommend that parkland be dedicated within this development and that the City accept fees in lieu
of parkland dedication. Per the City’s Subdivision Ordinance, 10% of the fair market value of the
land will need to be paid as the parkland dedication fee. The fair market value of the land is
determined by current market data, if available, or by obtaining an appraisal from a licensed real
estate appraiser, and the subdivider is required to pay for the appraisal. In this case, if the owner of
the property will be selling the land to the Applicant to be developed, there will be current market
data available. If the owner is not selling the land, an appraisal to determine the fair market value will
likely be required in order to determine the amount of parkland dedication the City will receive. The
Parks Commission will review the proposed sketch plan on November 20, 2017.
Trails. No trails are being proposed within the development, only a sidewalk on the west side of
Liberty Court North. There is already a trail along the south of 30th Street, and the developers of
Northport will be constructing a segment of a trail from the southern edge of that development off
Liberty Court North. This trail segment will not connect to the existing trails in Reid Park, however,
as approved by Council. The City may extend this trail through to the existing trails in Reid Park in
Subject property
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the future. The City’s trail plan indicates a trail along 30th Street North, which already exists on the
south side of the street.
Access. Access to the proposed lots will be provided from Lower 31st Street North to the north of the
subject property (part of the Northport development). Access to this parcel was pre-planned with the
adjacent subdivision in order to preserve the proper access management along 30th Street North. The
existing driveway will be eliminated as suggested by Staff. Access to the new Lot 8 is proposed to be
provided via a 20 foot wide driveway easement off the cul-de-sac of Liberty Court North. The City
Engineer is recommending this be changed to a 30 foot wide Outlot to be owned by Lot 8. This
change will impact the configuration of Lots 7 and 9.
Streets. The proposed streets appear to be meeting the City’s minimum standards:
• Liberty Court is proposed to be 28-feet wide within a 60-foot right-of-way;
Trail Plan
Existing Trail
Proposed sidewalk
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• A 60 foot cul-de-sac right-of-way width is provided with a 45 foot pavement radius;
• The cul-de-sac length is proposed to be 510 feet long;
• There is a proposed sidewalk to the west of this street. The residential maximum longitudinal
grade is 6% with a sidewalk which appears to be feasible. Potential connections to this sidewalk
should be considered moving forward.
• Surmountable concrete curb and gutter needs to be installed in single family areas with future
driveways.
The biggest issue of concern regarding streets is the fact that additional right-of-way must be
dedicated along 30th Street North to ensure a minimum boulevard width of 16 feet is provided along
the entire length of the plat. In addition to the right-of-way, a 10 foot utility corridor must also be
reserved for small utilities. The proposed stormwater facilities cannot encroach into this utility
corridor.
Utilities – Municipal Water Supply and Municipal Sanitary Sewer. Public water and sanitary
sewer service will be extended to the site with the development of Northport. The preliminary plans
will need to include detailed utility construction plans that meet City engineering standards.
Environmental Review. The proposed development is within the Village Alternative Urban Area
Wide Review (AUAR), which was completed in order to address the expected cumulative
environmental impacts associated with the anticipated growth and development within the Village.
Storm Water Management. The general drainage system should mimic the natural topography of
the site in order to ensure a drainage system that provides positive stormwater drainage across the
development. The proposed development area resides within the Valley Branch Watershed District
(VBWD). City staff recommends early planning/coordination meetings with VBWD. The design of
the storm water management systems must be compliant with the requirements of the State, VBWD,
the City of Lake Elmo Storm Water Management Ordinance, and the City of Lake Elmo design
standards manual. The applicant is advised to fully read and comprehend the City’s storm water and
erosion control ordinance since these standards are different, and in some cases more stringent, than
the watershed district.
The storm water facilities must be platted as Outlots and deeded to the City for maintenance purposes
and must fully incorporate the 100-year High Water Level, 10 foot maintenance bench and all
maintenance access roads. The storm water ponds will not be allowed to encroach on to adjacent
private lots. The storm sewer system shall be designed to maintain the City standard minimum pipe
cover of 3.0 feet, and drain tile is required as part of the City standard street section at all localized
low points in the street. All storm sewer pipe easements must be a minimum of 30 feet in width. No
drainage and utility easement is shown for the storm sewer pipe along the Lot 5 and Lot 6 property
line. It is likely that more land will need to be allocated for stormwater management. The
preliminary grading plan shows pond encroachment on Lots 6 and 7, and additional pond depth will
be required to meet City standards.
Grading restrictions along the Northern Natural Gas easement must be adhered to, and it is unclear
how drainage within the Northern Natural Gas easement will be captured and conveyed to
stormwater facilities. Additionally, Liberty Court drainage must be captured and treated on-site.
Currently, a significant portion of the drainage is shown to be draining to the Northport subdivision,
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and the stormwater management plan of this subdivision does not account for this additional
impervious surface.
The ultimate discharge rate and location will be an important consideration. The stormwater
management plan will need to address changes to the downstream drainage system to the extent
alterations are proposed. Written permission from properties that are impacted and submitted will be
required as part of the development application.
City Engineer Review. The City Engineer’s review comments are found as part of the attachments
to this report and are incorporated throughout the report.
Airport. The proposed development is not within the Lake Elmo Airport Existing Runway
Protection Zones; however, the Metropolitan Airports Commission will be given the opportunity to
review the proposed development with the Preliminary Plat application. Staff has distributed
adjacent review to the Metropolitan Airports Commission (MAC) as part of the Comprehensive Plan
Amendment request, but has not yet heard back from the MAC.
Lot Dimensions and Bulk Requirements. The proposed sketch plan appears to the meet the lot
dimensions and bulk requirements for the Urban Low Density Residential zoning district, as shown
below:
Standard Required Proposed
Minimum Lot Area 8,000 square feet 9,600 square feet – 36,460
square feet (average of
13,225 square feet)
Minimum Lot Width 60 feet 60-205.5 feet*, **
*See the Access portion of
this report – lot widths of
Lots 7 and 9 may need to be
reduced, possibly not meeting
the 60 foot minimum
standard.
** Lot 8 will have a lot width
of approximately 205.5 feet
of street frontage as the lot
abuts 30th Street North, even
though access will be
provided through the cul-de-
sac of Liberty Court North.
Maximum Impervious
Surface
40% Unknown
Minimum Front Yard
Setback
25 feet Appears to be 25 feet
(grading plan scale not
provided)
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Minimum Interior
Sideyard Setback
(principal buildings)
10 feet Appears to be 8 feet on both
sides in northerly lots
(grading plan scale not
provided); sideyard setback
averaging has been allowed in
the past
Minimum Interior
Sideyard Setback
(accessory structures)
5 feet N/A
Minimum Corner
Sideyard Setback
15 feet N/A
Minimum Rear Yard
Setback
20 feet All required rear yard
setbacks appear to be met
(grading plan scale not
provided)
Lot Easements. Lot easements (front, rear and side yard) need to be shown on the plan meeting
City requirements.
Northern Natural Gas Easement. A Northern Natural Gas easement runs along the western
side of lots 9 through 13, and bisects lot 8 before getting to 30th Street North. As two large
diameter gas mains are located in the easement, there are heavy restrictions on what can be done
in this area (i.e. no building, creating, constructing, or allowing to be built any hard surface road,
building, or other structure; and no grading or other work without the written consent of
Northern). The City has no ordinance that requires a buildable or even usable backyard, but it is
a fact that should be disclosed to future buyers should this development move forward. Owners
of these lots will likely not be able to have decks, pools, accessory structures, or even
landscaping without prior written consent of Northern. The Applicant should consider the value
of these lots and how they will communicate these restrictions, and will need to demonstrate how
the easement will be delineated within the yards to prevent homeowners from encroaching into
the easement.
Landscaping. The applicant has not provided any details concerning landscaping for the site,
which must be submitted at the time of Preliminary Plat submission and will need to adhere to
the City’s Landscape Requirements. There are a number of existing trees on the property, and the
project will be subject to the City’s tree protection and replacement ordinance. Additionally, it is
recommended that the Applicant provide sufficient landscaping along 30th Street North to
provide a sufficient buffer
COMPREHENSIVE PLAN AMENDMENT
Current Land Use. The property is currently used as a single family detached dwelling and is
currently guided for Rural Single Family Zoning with a Village Open Space Overlay greenbelt
corridor on the southern border of the parcel. This land use has a guided density of 0.66-2 units
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per acre. The Applicant and owner of the property would like to move the existing house to a lot
to the west of the proposed development, and subdivide the remaining portion of the parcel in to
12 additional parcels.
Proposed Land Use and Density. The Comprehensive Plan Amendment proposes to re-guide
the property to Village Urban Low Density, which will allow a density of 1.5-2-49 units per acre.
The development site is 5.97 acres, and a total of 13 residential lots are being proposed, totaling
a gross density of 2.17 units per acre. There are no wetlands, wetland buffers, public waters, or
other areas that are protected from development by local ordinance on the property, and because
there is no public parkland or protected open space proposed nor arterial road right-of-way, the
net density of the development is expected to also be 2.17 units per acre.
MUSA and Rural Single Family Sewered Land Use Option. The proposed development is
within the Metropolitan Urban Service Area (MUSA), and sewer will be made available through
Northport, the development to the north and east of the proposed development. Areas within the
City that are included in the MUSA must be developed at an average of three units per acre. In
2016, the City created a new land use that is called Rural Single Family – Sewered. This land use
is intended for properties that were platted for conventional subdivision prior to 2005 that have
been (and will continue to be) serviced by private on-site well and septic systems, unless within
the MUSA area. If within a MUSA, the City Council may consider connection to the sanitary
sewer system where practical. While the property does have the option of being re-guided to this
land use category, the density of the proposed development is higher than the allowed density
within the Rural Single Family land use category (0.66-2 units per acre), and so this land use
would be inappropriate for this proposed development. If the property were to re-guide to Rural
Single Family Sewered, the smallest the lot sizes allowed would be 24,000 square feet, which
equates to a density of 1.8 units per acre.
Adjacent Land Use. Northport (the development to the north and east of the proposed
development) is guided for Village Urban Low Density. This proposal would essentially be an
extension of the Village Urban Low Density land use that currently exists. Properties to the west
of the proposed development would remain guided for Rural Single Family and are also within
the greenbelt buffer.
Recommended Findings. Staff recommends the following findings in regards to the proposed
Comprehensive Plan Amendment:
1. That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department and
Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
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Recommended Conditions of Approval. Staff recommends the following conditions in regards
to the proposed Comprehensive Plan Amendment:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the
receipt of formal notification from the Metropolitan Council that its review has been
completed and approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides a usable rear yard for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City; or receives approval from the City for required rear yards for lots in which the
Northern Easement is located, in which building, creating, constructing, or allowing to
be built any hard surface road, building, or other structure as well as altering the grade
or permitting such alteration upon which Northern Natural Gas Company has reserved
its Easement rights without the written consent of Northern.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
Planning Commission Review. The Planning Commission reviewed the proposed Subdivision
Sketch Plan and Comprehensive Plan Amendment at its meeting on November 13, 2017 and had the
following comments in regards to the proposed subdivision sketch plan:
• They saw issues with the proposed greenbelt corridor and felt that additional width or
extensive landscaping was needed for the proposed subdivision.
• They saw definite issues with proposed location of the lots on the west of Liberty Court that
are in conflict with the Northern Natural Gas Easement. They wished to see these lots have a
usable backyard.
• The Comprehensive Plan Amendment made sense in that the subject property is adjacent to
the V-LDR district and in the MUSA.
The Planning Commission recommended approval of the proposed Comprehensive Plan Amendment
with a vote of 7-0.
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. Concept Plan approval
does not afford the applicant development rights. When the property develops, it will have urban
services and will pay sewer and water connection charges, building permit fees and the like.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the proposed
Comprehensive Plan Amendment to re-guide PID# 13.029.21.43.0001 from Rural Single Family to
Village Urban Low Density, based on the recommended findings and conditions of approval.
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“Move to recommend approval of the proposed Comprehensive Plan Amendment to re-guide PID#
13.029.21.43.0001 from Rural Single Family to Village Urban Low Density, based on the
recommended findings and conditions of approval.”
Staff is recommending that the Planning Commission accept the Sketch Plan provided by JP Bush
Homes for a 13 unit single family detached residential development of PID#13.029.21.43.0001.
ATTACHMENTS:
1. Application Forms
2. Narrative
3. Preliminary Grading and Drainage Plan
4. Subdivision Sketch Plan
5. City Engineer Review Memorandum 10/20/2017
6. Resolution 2017- Approving the Proposed Comprehensive Plan Amendment
PAGE 1 of 2
MEMORANDUM
Date: October 20, 2017
To: Emily Becker, Planning Director Re: McLeod Residential Subdivision
Cc: Chad Isakson, Assistant City Engineer Concept Plan Review
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the McLeod Residential Subdivision Concept Plan. The submittal
consisted of the following documentation received on October 13, 2017.
Residential Concept Subdivision dated October 11, 2017 and prepared by Landmark Surveying, Inc.
Preliminary Grading and Drainage Plan dated October 13, 2017 and prepared by PLOWE Engineering.
Comprehensive Plan Amendment Narrative dated September 15, 2017.
We have the following review comments:
All public improvements constructed to support the development must be designed and constructed in accordance
with the City Engineering Design Standards Manual available on the City website dated March, 2017.
SITE PLAN AND TRANSPORTATION
Access Management. The Concept plan shows access to the plat from the Northport subdivision along
Liberty Court. This access was pre‐planned with the adjacent subdivision and preserves the proper access
management along 30th Street North.
Right‐of‐way dedication. The Plat must dedicate additional right‐of‐way along 30th Street North to ensure
a minimum 30th Street boulevard of 16 ft. along the entire length of the plat. In addition a 10 ft. utility
corridor must be reserved (at boulevard grades) for small utilities. The proposed Stormwater facilities
(including the 100‐year HWL) cannot encroach the 10 ft. utility corridor.
Screening along 30th Street is recommended. The south boundary of the subdivision is along the north
boulevard of 30th Street North and proposes two storm water ponds connected by a drainage swale. It is
recommended that additional space be allocated at elevations higher than 30th Street to create a
vegetative buffer between the lots and this collector street.
More land area is likely needed to be allocated for storm water management. The preliminary grading plan
already shows pond encroachment onto Lots 6 and 7. Also, additional pond depth must be provided to
meet City pond construction requirements.
Lots 9‐13 include large areas of gas main easement with 2 large diameter gas mains. There is no useable
rear yard along these lots.
Lot Easements (front, rear and side yard) should be shown on the plans meeting City requirements.
RESIDENTIAL STREETS
Lot 8 is proposed to access Liberty Court with a 20 ft. driveway easement on Lots 7 and 9. It is recommended
that this easement be revised as a 30 ft. minimum width Outlot to be owned by Lot 8.
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
Public street standards. Liberty Court must be designed to meet the City’s Engineering Design Standards. A
60 ft. right‐of‐way width with 28 ft. wide street has been shown as required; and a 60 ft. cul‐de‐sac R/W
radius with 45 ft. cul‐de‐sac pavement radius has been shown as required.
Liberty Court will result in a 510 ft. long cul‐de‐sac, meeting City standards.
The residential maximum longitudinal grade is 6% with a sidewalk.
Surmountable concrete curb and gutter shall be installed in single family residential areas with future
driveways.
Pedestrian facilities: A 6 ft. wide sidewalk has been shown along Liberty Court as required. The City should
review any potential connections to this sidewalk.
Ten (10) foot utility easements are required on either side of all right‐of‐ways.
STORMWATER MANAGEMENT
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.
The general drainage system should mimic the natural topography of the site in order to ensure a drainage
system that provides positive storm water drainage across the development.
Overland emergency overflows or outlets will be required as part of the site plan.
Grading restrictions along the Northern Natural Gas easement must be adhered to as part of the
development plans. It is unclear how drainage within the NNG easement will be captured and conveyed to
the storm water facilities.
Liberty Court drainage must be captured and treated on‐site. A significant portion of the street is shown
draining to the Northport subdivision. The Northport storm water management plan does not account for
this additional impervious areas.
The ultimate discharge rate and location will be an important consideration. The storm water management
plan will need to address changes to the downstream drainage system to the extent alterations are
proposed. To the extent adjacent properties are impacted, written permission from those properties must
be submitted as part of the development applications.
It appears that all storm water facilities (ponds and infiltration basins) have been placed in Outlots. These
Outlots will be deeded to the City for maintenance purposes. The Stormwater Facility Outlots must fully
incorporate the 100‐year HWL, 10 foot maintenance bench and all maintenance access roads.
Maintenance access roads meeting City standards must be provided for all storm water facilities and must
be within Outlots dedicated to the City.
The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet.
Drain tile is required as part of the City standard street section at all localized low points in the street. Drain
tile considerations may impact the storm sewer design and depth requirements at low points.
Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width. No drainage
and utility easement is shown for the storm sewer pipe along the Lot 5 and Lot 6 property line.
MUNICIPAL WATER SUPPLY
Municipal water supply is available immediately adjacent to the proposed development along Liberty Court.
The applicant is responsible to extend the municipal water into the development site at developer’s cost.
No trunk watermain oversizing is anticipated for this development.
MUNICIPAL SANITARY SEWER
Municipal sanitary sewer is available immediately adjacent to the proposed development along Liberty
Court. The applicant is responsible to extend sanitary sewer into the development site at developer’s cost.
No trunk sewer oversizing is anticipated.
City Council Resolution 2018-006
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-006
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION OF PID# 13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO
VILLAGE URBAN LOW DENSITY RESIDENTIAL AND TO AUTHORIZE STAFF TO SUBMIT
A COMPREHENSIVE PLAN AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and
WHEREAS, JP Bush Homes, 1980 Quasar Avenue South, Lakeland, MN 55043 (the
“Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy
of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Subdivision Sketch Plan Review which includes 10 single-family residential detached
homes on 5.97 acres, and
WHEREAS, the Planning Commission held a public hearing on November 13, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City
Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meetings on November 21, 2017, January 16, 2018,
February 7, 2018, and February 20, 2018; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
FINDINGS
City Council Resolution 2018-006
1. That the Applicant has submitted a request to amend the Comprehensive Plan in accordance
with the procedures as established by the Lake Elmo Planning Department and Lake Elmo
Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendments are consistent with the overall goals and objectives of the
Comprehensive Plan in that the Property is within the Metropolitan Urban Service Area.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the
Lake Elmo City Council hereby approves the Applicant’s request to amend the Comprehensive
Plan as follows:
1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt
of formal notification from the Metropolitan Council that its review has been completed and
approved.
2. That the Applicant obtain Preliminary Plat approval from the City that meets the following:
a. Required densities of the Village Urban Low Density land use category.
b. Provides a sufficient Greenbelt Corridor as indicated in the Comprehensive Plan and
approved by the City.
c. Provides usable rear yards for lots in which the Northern Natural Gas Company
Easement (Document 384029) (“Northern Easement”) is located, as determined by the
City by maintaining a 20 foot principal building rear yard setback from the Northern
Natural Gas Company Easement.
d. All other applicable standards including but not limited to City Engineer Design
Standards, Valley Branch Watershed District requirements, and zoning standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council
hereby authorizes and directs staff to submit a Comprehensive Plan amendment and MUSA
expansion request consistent herewith to the Metropolitan Council for review and approval,
contingent upon the City’s preliminary approval of the plat based on the Subdivision Sketch Plan
as proposed by the Applicant with Revision Date November 20, 2017.
Passed and duly adopted this 20th day of February 2018, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
City Council Resolution 2018-006
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-006
A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION OF PID# 13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO
VILLAGE URBAN LOW DENSITY RESIDENTIAL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and
WHEREAS, JP Bush Homes, 1980 Quasar Avenue South, Lakeland, MN 55043 (the
“Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a copy
of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant
along with a Subdivision Sketch Plan Review which includes 10 single-family residential detached
homes on 5.97 acres with a proposed density of 1.67 units per acre, and
WHEREAS, the Planning Commission held a public hearing on November 13, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City
Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission and public comments
regarding the Applicant’s requests at its meetings on November 21, 2017, January 16, 2018,
February 7, 2018, and February 20, 2018; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it would not be in the best interest of the City to allow a Comprehensive Plan
Amendment to Village Urban Low Density Residential, as the proposed development should not
exceed a density of 1.67 units per acre.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information
received, the City Council makes the following findings of fact:
City Council Resolution 2018-006
FINDINGS
1. That the Applicant has submitted a request to amend the Comprehensive Plan in accordance
with the procedures as established by the Lake Elmo Planning Department and Lake Elmo
Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a. On page III-11, updating Table 3-B to reflect proposed increased acreage of Village
Urban Low Density Residential and decreased acreage of Rural Single Family.
b. Updating Map 3-3 – the planned land use map.
3. That the proposed amendment would allow a density of 1.5-2.49 units per acre.
4. That the Applicant has also submitted a Subdivision Sketch Plan Review.
5. That the proposed Subdivision Sketch Plan should not exceed a density of 1.67 units per acre,
and the proposed Comprehensive Plan Amendment would allow this density to be exceeded.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings of fact, the
Lake Elmo City Council hereby denies the Applicant’s request to amend the Comprehensive Plan
by re-guiding PID# 13.029.21.43.0001 from Rural Single Family to Village Urban Low Density.
Passed and duly adopted this 20th day of February 2018, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk