HomeMy WebLinkAbout#14 - Legacy at Northstar Prelim Plat & PUDPUBLIC HEARING ITEM 4a
STAFF REPORT
CITY COUNCIL
DATE: 2/7/18
REGULAR
ITEM #: 14
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: The Legacy at North Star Preliminary Plat and Planned Unit Development
Plans
REVIEWED BY: Ben Prchal, City Planner
Jack Griffin, City Engineer
Ann Pung-Terwedo, Senior Planner, Washington County
BACKGROUND:
GWSA Land Development is requesting Preliminary Plat and Development Stage (Preliminary)
Planned Unit Development (PUD) Plans for a 276 single family residential development on +/-
98.93 acres acres. A portion of the development in the southwest corner of the site is within the
Shoreland of Sunfish Lake which triggers the need for a Planned Unit Development because the
proposed lots do not meet the lot width and impervious requirements for Natural Environment
lakes; because the density exceeds the allowable density with the Village Urban Low Density
Residential land use category, and because the Applicant is proposing various other deviations
from some zoning standards.
The Council reviewed the proposed Preliminary Plat and PUD Plans at its January 16, 2018
meeting and directed Staff to prepare a Resolution of approval with amended conditions of
approval.
ISSUE BEFORE THE COUNCIL:
The Council is respectfully being requested to review the Preliminary Plat and Development Stage
(Preliminary) Planned Unit Development (PUD) Plans to be called Legacy at North Star.
GENERAL INFORMATION:
Applicant: GWSA Land Development , 10850 Old County Road 15, Suite 200, Plymouth,
MN 55441
City Council Meeting
February 7, 2018 Page 2
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Property Owner: Schiltgen Farms Inc. 10880 Stillwater Boulevard
Location: 10880 Stillwater Blvd, Lake Elmo/ Parcel 1 – The South 658.02 feet of the
Southwest Quarter of the Southeast Quarter of Section 11, Township 29 North,
Range 21 West; and Parcel 2- The South 20 acres of the East Half of the
Southeast Quarter of Section 11, Township 29 North, Range 21 West; and a
portion of Parcel 3- The Northeast Quarter of Section 14, Township 29 North,
Range 21 West, Washington County, Minnesota.
PID#s: 1402921110001, 1102921430001, and 1102921440001
Request: Preliminary Plat and Development Stage (Preliminary) Planned Unit
Development (PUD) Plans
Site Area: 192.44 acres (all PIDs)
Res. Dev. Area: 98.93 acres (Parcel 1, Parcel 2, and a portion of Parcel 3)
Land Use: Village Urban Low Density
Current Zoning: RT – Rural Development Transitional District
Proposed Zoning: V-LDR/PUD
Surrounding: RR(north)/ LDR and VMX (east)/Agriculture (south)/ OP and RR (west).
History: The parcels are part of the Schiltgen Farm property and are currently zoned RT.
The City approved the PUD Concept Plan on June 6, 2017.
Deadline: Application Complete – 11/21/17
60 Day Deadline – 1/20/18
Extension Letter Mailed – Yes
120 Day Deadline – 3/21/18
Applicable Code: Article 12 – Urban Residential Districts
Article 18 – Planned Unit Development Regulations
Article 19 – Shoreland Management Overlay District
Chapter 153 – Subdivision Regulations
§150.270 Storm Water, Erosion, and Sediment Control
PROPOSAL DETAILS/ANALYSIS:
The previous Staff report presented to Council at its January 16, 2018 meeting highlighted a
number of points concerning the proposed development. The following highlights issues that were
of special concern to Council expressed at the aforementioned meeting.
Buffer/Village Open Space Overlay.
The City’s Comprehensive Plan shows the Village Open Space Overlay over the outer edges of
the development area. The Comprehensive Plan provides the following suggestion as to how the
overlay is intended to be implemented:
City Council Meeting
February 7, 2018 Page 3
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For all parcels that are designated with urban land use categories (V-LDR, V-
MDR, VMX and C), the open space overlay shall act as a zoning or subdivision
restriction. Through restrictions via zoning or the subdivision process, the City
will have multiple tools to provide for the open space areas in the urban districts
in the Village. For example, the City can utilize zoning to enforce various
setbacks from the existing Village Boundary. Another option would be to
dedicate outlots in the open space areas through the subdivision process. As
long as the end result is achieved, the City would like to take a flexible approach
so that the private market can select the best solution for achieving the intent
of the Village Open Space Plan.
After the open space areas have been established, it is important to pursue
strategies that will provide for the long-term preservation of these areas. To
accomplish preservation, the City will either pursue conservation easements
with the MN Land Trust or other partners, or investigate the acquisition of land
that is determined to be a significant natural asset to the community. Through a
combination of both strategies, the Village Open Space Plan is more likely to
succeed.
o Zoning Code Provides Some Flexibility with Buffer. The recently approved V-LDR
Zoning Ordinance restricts residential lots from encroaching on the Village Open
Space Overlay unless berming or screening protected by a landscape easement is
provided as an alternative approved by the Council.
o Comprehensive Plan Does Not Designate Set Buffer Width. Although the overlay
in the Comprehensive Plan is not dimensioned, it appears as though the width of
the overlay is around 200 feet if scaled. A portion of the northern edge of the
development provides a 15 foot buffer in the proposed Preliminary Plat and PUD
Plans, and there are six lots on the west side of the development that do not provide
a buffer. There is open space provided on the northwest and southwest portion of
the proposed development.
o Feedback on Buffer from Concept PUD Plan. The Concept PUD Plan did provide
a 20 foot buffer on the north edge of the development and 10 foot buffer on the
west edge of the development. It was Staff’s recommendation for the PUD Concept
Plan that the buffer areas be enlarged such that they are more easily maintained and
do not become a dumping area for leaf litter, sticks, or other debris, or are
incorporated into the surrounding lot area with significant berming, landscaping
and a landscape easement as required by the V-LDR Zoning Code and protected by
an easement such that individual homeowners cannot remove the required
landscaping. This has been an issue in other developments where required
landscaping is later removed by homeowners to make room for private amenities
or simply because they do not like the landscaping.
Planning Commission Amendment to Condition of Approval. The Planning Commission had
the follow amendment to the condition of approval regarding the required Village Open Space
Overlay District/Greenbelt Buffer:
City Council Meeting
February 7, 2018 Page 4
ITEM #
11. That the Applicant provide adequate a minimum 100 foot buffer from property lines
of adjacent parcels to structures within the proposed development through outlots
protected by an open space easement or other instrument as approved by the City or
sufficient landscaping and/or berming within residential lots protected by a landscape
easement and approved by the City to adequately buffer the northern and western
portions of the development as indicated by the Village Open Space greenbelt corridor of
the Comprehensive Plan Land Use Plan.
Council Amendment to Condition of Approval. The Council had the following amendment to
the condition of approval regarding the required Village Open Space Overlay District/Greenbelt
Buffer:
11. That the Applicant provide a buffer as deemed adequate outlots protected by an
open space easement or other instrument as approved by the City or which includes
sufficient landscaping and/or berming within residential lots protected by a landscape
easement and approved by the City to adequately buffer the northern and western
portions of the development as indicated by the Village Open Space greenbelt corridor
of the Comprehensive Plan Land Use Plan. An adequate buffer will likely be 50 feet
in portions of the development.
Staff-Recommended Amendment to Council Amendment. Staff feels that the condition should
be a bit clearer in providing direction as to where the 50 foot buffer should be. Most of the lots on
the western portion of the development are approximately 150 feet deep. Therefore, if the
development had a required 50 foot landscaped area with a landscape easement within the rear
yard of these lots, 100 of those feet would still be usable area for a house and the required setbacks.
The least deep lot on the north edge of the development is 130 feet deep, but there is already a 15
foot buffer created by the outlot on the north edge of the development, and so approximately 95
feet would still be usable within lots. With the required front yard setback of 25 feet and a rear
yard setback of 20 feet, an up to 55 foot deep house could still be built within these yards.
Therefore, Staff would recommend that the language of the condition read as follows:
11. That the Applicant provide a 50 foot buffer from the northern and western edges of
the plat adequate outlots protected by an open space easement or other instrument as
approved by the City or which includes sufficient landscaping and/or berming, as
deemed adequate by the City, within residential lots protected by a landscape easement
and approved by the City to adequately buffer the northern and western portions of the
development as indicated by the Village Open Space greenbelt corridor of the
Comprehensive Plan Land Use Plan.
• Parkland. The park dedication requirements for a 98.93 acre development is 9.893 acres
of parkland, or a combination of parkland or fees in lieu of parkland.
o Park Dedication Partially Satisfied. With the recording of the Northport plat, the
developer will deed over Outlot D of that plat. The City entered in to a
Memorandum of Understanding that allowed the developer to receive park
dedication in the amount of 6.51 acres (the net acreage of Outlot D) for the subject
development. Therefore, the developer is still responsible for 3.383 acres of park
dedication.
City Council Meeting
February 7, 2018 Page 5
ITEM #
o Neighborhood Park Search Area. The Comprehensive Park Plan identifies a
neighborhood park search area over the proposed development area.
o Proposed Public Park. The developer is also proposing a 4.24 acre park/open space
area on the southwest portion of the site. This land includes stormwater ponding for the
development. The stormwater pond shown in the park will need to be contained in a
separate outlot and dedicated to the City, and the developer will not receive credit for
the area of this outlot. Additionally, this park is located in the shoreland district and
would need to adhere to the open space maintenance and administration requirements
as outlined in the section of this report that addresses Open Space Maintenance and
Administration requirements. City’s shoreland ordinance does indicate that open space
may include outdoor recreational facilities for use by owners of lots in the subdivision
and general public, but it may not include road rights-of-way, or land covered by roads,
structures, or parking surfaces. Overall, Staff feels that the park proposed in the
Concept Plan was much more desirable for the development because of its central
location. If the City wishes to accept this park as parkland, Staff recommends that the
developer still not receive credit for parkland dedication and provide the parkland as
an amenity in exchange for PUD flexibility. Additionally, the stormwater pond should
be fenced for safety.
o Public Park Density Increase. If the park on the southwest corner of the development
is a public park, the developer will be seeking a density of 2.95 du/acre (2.95-
2.49=0.46, 0.55/2.49=18.47%). Therefore, the developer would need to obtain
additional density points. If the park were dedicated as public and the City was made
to maintain it, Staff would recommend that the developer be required to dedicate the
park without receiving park dedication credit order to achieve these required additional
amenity points.
Neighborhood Park Search Area
City Council Meeting
February 7, 2018 Page 6
ITEM #
Parks Commission Review. The Parks Commission reviewed the proposed subdivision at its
meeting on November 20, 2017. They had recommended that the public park be dedicated to the
city for free and that the developer still be required to pay the remaining parkland dedication
requirements not satisfied through the dedication of the land dedicated to Reid Park.
12. That the Applicant dedicate the park to the City without receiving parkland dedication
credit and that the Applicant pay parkland dedication fees as required by 153.14 with
future final plat.
Council Amendments to Condition. Council felt that the City was not in need of more parkland
and that it would be more appropriate that this park be kept private and struck this condition.
12. That the Applicant dedicate the park to the City without receiving parkland dedication
credit and that the Applicant pay parkland dedication fees as required by 153.14 with
future final plat.
Trail Connecting to Hamlet on Sunfish Lake Trails
The Comprehensive Trails Plan identifies a needed trail along the north edge of the development
to connect to the private Sunfish Ponds HOA trail and an east-west trail connecting Lake Elmo
Avenue near 39th Street east to the private Hamlet on Sunfish Lake HOA trails on the north side
of Sunfish Lake.
Note: According to City records, the Hamlet HOA trails were paid for by the City and were
supposed to have been dedicated to the City when the plat was recorded. The Hamlet HOA
currently maintains the trails.
City Council Meeting
February 7, 2018 Page 7
ITEM #
o Trail to Hamlet on Sunfish Lake. The developer has proposed a trail that will connect
to the Hamlet on Sunfish Lake Development trail, however, approval has not been
obtained from the Homeowners’ Association as of yet. Only 50% of this development
has expressed desire to make their trails public due to concern about liability if the
public uses Hamlet HOA’s dock or small shelter that are connected to the trails. If this
trail is still desired and if the City does not wish to accept the southwest corner park as
park land dedication and still desires the trail connection to Hamlet, park dedication
credit would be given for the value of the land under which the trail is located (30-foot
wide corridor) and the construction of the trail, unless the developer is willing to
provide this as an amenity.
Parks Commission Review. They did not feel that the proposed trail connecting to the Hamlet on
Sunfish Lake development should be constructed by the development, as there has not yet been
determination that the trails within Hamlet on Sunfish Lake will be dedicated to the City or remain
private. If they are to remain private, it would not make sense to have such a connection.
7. That the developer provide a trail connecting the trail in the middle of the development
to Hamlet on Sunfish Lake only if the trails in Hamlet on Sunfish Lake are made public,
or, as an alternative, provide a 30-foot wide trail corridor easement or outlot for future
connection if Hamlet on Sunfish Lake trails are made public. The Applicant shall not
receive parkland dedication credit for the trail outlot or easement or construction of the
trial.
Council Amendment. Council felt that the trail connecting the trails within the proposed
development should be constructed and that the developer should not receive parkland dedication
for the land underneath or construction of the trail in exchange for additional density.
7. That the developer provide a trail connecting the trail in the middle of the development
to Hamlet on Sunfish Lake only if the trails in Hamlet on Sunfish Lake are made public,
or, as an alternative, provide a 30-foot wide trail corridor easement or outlot for future
connection if Hamlet on Sunfish Lake trails are made public. The Applicant shall not
receive parkland dedication credit for the trail outlot or easement or construction of the
trail.
Fencing Surrounding Stormwater Ponds
The proposed parks within the development both have stormwater ponds within them. Staff had
recommended that the developer be required to construct fencing around these stormwater ponds
in order to help protect park goers from potential safety hazards posed by these ponds.
Amendment. The HOA park proposes a totlot approximately 50 feet from the stormwater pond,
so Staff would still recommend that the developer be required to install fencing around this
stormwater pond. However, because Council has expressed desire for the park on the southwest
corner of the development (within the shoreland district) to be private and not public and because
no play structures are proposed near that stormwater pond, Staff would no longer recommend that
fencing be installed around that stormwater pond.
City Council Meeting
February 7, 2018 Page 8
ITEM #
20. That the Applicant provide fencing around the stormwater ponds adjacent to the parks
on the southeastern and southwestern portions of the site for the protection of park
goers.
Council Input. A motion had been made to strike this condition but failed.
Trail along CSAH 17
Staff had recommended a need for a trail along CSAH 17 to provide safe pedestrian connectivity
from this development to developments the Village area to the southeast and to the school. The
Washington County Comprehensive Plan 2030, Planned Trail System, does not identify a trail
along this section of CSAH 17; however, future plans and county road projects may incorporate
trails. Staff had worked with Washington County to identify future crossing locations from the
west to east side of Lake Elmo Avenue, but no definite crossing location was determined. Staff
would recommended that the applicant be required to construct the trail to the southerly edge of
the plat and only prepare the area of future right-of-way along Lake Elmo Avenue along the parcel
to the south (the length of the stormsewer outfall pipe) to be trail-grade ready. This
recommendation is due to a lack of a trail to the east of Lake Elmo Avenue to connect to the school;
because the City, County, and school have not yet come to a definite agreement on where the
crossing from west to east of Lake Elmo Avenue should be; and because the City would be required
to provide parkland dedication credit for the cost of construction of the trail.
Planning Commission Amendment to Condition of Approval. The Planning Commission had
recommended that the applicant be made to construct a trail both to the southerly edge of the plat
and along where future Lake Elmo Avenue right-of-way along the parcel to the south of the
proposed development along the storm sewer outfall pipe.
25. That the Applicant construct a bituminous trail extending south along the County right-
of-way from 30th Way to the southerly plat limits (along the east side of Outlot C) and a
bitimunious trail shall be constructed within the future County right-of-way of the parcel
to the south of the plat along the storm sewer outfall pipe location.
Council Amendment to Condition of Approval. Council agreed that the applicant should not be
made to construct the trail within the future Lake Elmo Avenue right-of-way within the parcel to
the south of the proposed plat.
25. That the Applicant construct a bituminous trail extending south along the County
right-of-way from 30th Way to the southerly plat limits (along the east side of Outlot
C) and a bitimunious trail shall be constructed within the future County right-of-way
of the parcel to the south of the plat the future County right-of-way area along Lake
Elmo Avenue of the parcel to the south of the plat along the storm sewer outfall pipe
location should be graded for a future bituminous trail extension (grade ready trail).
Note: It should be noted that the length of the outfall pipe to the south of the plat along the future
right-of-way along Lake Elmo Avenue of the parcel to the south of the proposed development is
City Council Meeting
February 7, 2018 Page 9
ITEM #
approximately 600 feet, and the distance from 30th Way to the southern edge of the plat is
approximately 275 feet.
Parkland Dedication Fees
To make it clear that the developer is not to receive parkland dedication fees for the land
underneath trails; construction of trails; or parkland, a condition has been added that the
developer is to pay parkland dedication fees for the value of 3.383 acres of land.
26. That the Applicant pay a cash contribution in an amount equal to the fair market
value of 3.383 acres of land to satisfy the development’s park land dedication
requirement pursuant to Section 154.14 of the City Code.
Right-of-Way along Lake Elmo Avenue
Because the larger Schiltgen parcel (PID# 1402921110001) will need to be subdivided (which is
a condition of approval) in order to plat the Legacy at North Star development, the City may
require right-of-way dedication for Lake Elmo Avenue and installation of a trail within this
future right-of-way area. However, because this trail is not within the City’s trail plan, the City
would be required to provide parkland dedication credit for the cost of construction of the trail.
Alternatively, the City could require the applicant to construct the trail without receiving
parkland dedication in exchange for amenity points. Because of this, Staff has added the
following condition:
9. Sufficient right-of-way along Lake Elmo Avenue N (CSAH-17) for both the Legacy at
Northstar Plat and PID# 14.02.921.11.0001 must be provided. Verification from
Washington County that sufficient right-of-way along Lake Elm Avenue N (CSAH-17)
has been provided must be received by the City.
Density
The calculation of net density is as follows. The Metropolitan Council determines net density
through netting out wetlands and water bodies, wetland buffers, public parks and preserved open
space (must be preserved through an open space easement).
Development Area 98.93 acres
Wetlands 0.90 acres
Wetland Buffers 0.26 acres
Open Space within Southwest Portion of the
Site
4.24 acres
Net Residential Area (if park area on the
southwest portion of the site is not designated
as public parkland or preserved through an
open space easement)
97.77 acres
Net Residential Area (if park area on the
southwest portion of the site is not designated
93.53 acres
City Council Meeting
February 7, 2018 Page 10
ITEM #
as public parkland or preserved through an
open space easement)
Total Number of Lots 276 units
Gross Density 2.78 du/acre
Net Density (if park area on the southwest
portion of the site is not designated as public
parkland or preserved through an open space
easement)
2.82 du/acre
Net Density (if park area on the southwest
portion of the site is not designed as public
parkland or preserved through an open space
easement)
2.95 du/acre
The developer is seeking 2.82 du/acre, 13.25% over the allowed base density with PUD amenity
points (2.82-2.49=0.33, 0.33/2.49=13.25%). If the park on the southwest corner of the
development is a public park, the developer will be seeking 2.95 du/acre (2.95-2.49=0.46,
0.55/2.49=18.47%). With the allowed density (without PUD bonus density), the developer would
be allowed 243 units with no public parkland dedicated and 232 units if public parkland were
dedicated.
PUD Amenity Points
Council should determine what the development should receive amenity points for so that these
amenities can be memorialized within the findings of the Resolution.
Staff-Recommended Amenity Points
• Providing additional open space. The Applicant proposes 17.87 acres of open
space, which equals 22% of the proposed development area, less areas within the
rights-of-way. The narrative indicates that that parkland dedicated as an extension
of Reid Park is included in the Open Space calculations. This, should not be
included, however, as the PUD ordinance indicates that open space shall be
designed to meet the needs of residents of the PUD and the surrounding
neighborhoods. The land dedicated for Reid Park does not meet the needs of the
proposed development. A significant amount of this open space contains
stormwater ponding, which is allowed per the PUD ordinance.
o Staff-recommended amenity points: 2
• Providing pedestrian improvements. The applicant proposes that an additional 5
points = 5% increase in density is justified because of the pedestrian
improvements on site. Trails are proposed that run from the east side of the
development at Lake Elmo Avenue to the far west side of the development in an
effort to connect existing trail networks in the City. Additional walking paths and
trails are shown within the development. Staff does not recommend, however, that
warrant all five additional amenity points, as required trails are shown on the
Comprehensive Plan on the northern and southern portion of the development,
and the developer only proposes one trail going east west to connect to Hamlet on
City Council Meeting
February 7, 2018 Page 11
ITEM #
Sunfish Lake, which, as mentioned previously in this report, still has private trails.
It should be awarded some amenity points, however, as the development does
provide good interconnectivity and a combination of trails, landscaping,
decorative materials, access control and lighting to create a safe, clear, and
aesthetically pleasing pedestrian facility through and around the site are provided,
as indicated in the PUD ordinance.
o Staff-recommended amenity points: 2
• Providing theming. 1-3 points = 1-3% increase in density is being requested for
theming within the development. It is a recommended condition of approval that
the applicant provide specific examples of proposed development signage,
fencing, landscaping, lighting and site furnishings, including the clubhouse, that
will adhere to the Lake Elmo Branding and Theming Study.
o Staff recommended amenity points: 3
• Plaza. The applicant states in the narrative that density bonus should be provided
for the pool, clubhouse, and tot lot in the neighborhood park. The neighborhood
park provides a plaza, as the PUD ordinance indicates that plazas are landscaped
or paved open areas of a minimum of 1,000 square feet or less and wholly or
partially enclosed by a building or buildings. While the neighborhood park is an
amenity for the neighborhood, not for the public, the PUD ordinance only requires
that plazas within commercial or mixed-use development shall be open to the
public during daylight hours. It does not require that plazas within residential
PUDs be open to the public. It should also be noted that the proposed
development is providing two parks, which Staff believes in and of itself warrants
amenity points
o Staff recommended amenity points: 5
• Enhanced Stormwater Management. The Applicant indicates that the
development will utilize stormwater reuse. The stormwater captured in ponds will
be recycled for irrigation throughout part of the development. This practice will
reduce demand on higher quality water sources while allowing stormwater runoff
a second chance to infiltrate into the ground to be treated by landscape vegetation
and soils. The PUD ordinance articulates that PUD amenity points shall be
rewarded specifically for infiltrating stormwater generated onsite with artful rain
garden design that serves as a visible amenity. The Planning Commission may
wish, however, to grant additional amenity points for the uniqueness of the
proposed stormwater reuse.
o Staff recommended amenity points: 3
• Additional/Alternative Amenities?
• Extending sewer to Sunfish Lake? Consideration of amenity points could also
be given for the extension of sewer to the Hamlet on Sunfish Lake
development by a specific time period.
o Staff recommended amenity points: 5
• Possible Points - Public Right-of-Way Dedication. The Planning Commission
may not agree with some or quantity of the proposed amenity points listed above.
The PUD Ordinance indicates that ten amenity points may be granted for
dedication of land and construction of a public road, trail, pathway, or greenway
that is part of an approved city plan but outside the scope of the immediate project
City Council Meeting
February 7, 2018 Page 12
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area. Right-of-way improvements should be designed per the specification of the
City Engineer. The report, in the last bullet point under “Washington County”
comments, explains the need for connectivity of the development to schools,
which may include the need for construction of a trail off-site on the Schiltgen
property. The Planning Commission may wish to recommend that ten amenity
points be granted for construction of this trail along with a pedestrian crossing if it
finds other proposed amenities do not warrant the requested increase in density.
o Possible Alternative Amenity Points = 10
• Public Park for free? If the City wishes to accept the park in the southwest corner
of the development as public park land and if the developer is willing to donate
the land without receiving parkland dedication, the development could be
awarded an additional 5 amenity points. It should be reiterated, however, that the
dedication of this park as public park will increase the density of the development.
o Possible Alternative Amenity Points = 5
Total potential amenity points = 20
Planning Commission Amendments to Amenity Points. The Planning Commission determined
that the following amenity points should be granted for the proposed development:
• Public Right-of-Way Dedication. If the Applicant constructs a trail along the Schiltgen
Property at the location that the County and City deem appropriate, the Planning
Commission stated that ten (10) amenity points should be granted for the proposed
development. Staff has discussed this with the applicant, who has expressed concern in
receiving permission from the property owner of the Schiltgen parcel to be able to do
this. Staff has also added the construction of the trail connecting trails within the
proposed development along with the land underneath to these amenity points.
o Amenity Points = 10
• Stormwater Re-Use. While the Planning Commission, as mentioned above, expressed
concern in the lack of standards for and detail on the proposed stormwater reuse, they did
state that if the City Engineer approves the proposed stormwater reuse plan, that three (3)
amenity points should be awarded for stormwater reuse.
o Amenity Points = 3
• Theming. The Planning Commission believed that only one (1) amenity point should be
awarded for theming, as they really only saw fencing as a proposed theming element and
so believed that not all three amenity points as Staff proposed should be granted.
o Amenity Points = 1
Total Amenity Points = 14
RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL:
The recommended findings and condition of approval may be reviewed in the attached Resolution
2018- ___.
OPTIONS:
City Council Meeting
February 7, 2018 Page 13
ITEM #
The Council may:
o Adopt Resolution 2018- approving the Legacy at North Star Preliminary Plat and PUD
Plans with recommended findings and conditions of approval as amended at the January
16, 2018 Council meeting.
o Amend recommended findings and conditions of approval as amended at the January 16,
2018 Council meeting and adopt Resolution 2018- as amended.
o Direct Staff to prepare a Resolution denying the proposed Preliminary Plat and PUD Plans.
RECOMMENDATION:
The recommended motion is as follows:
“Move to adopt Resolution 2018- approving the Legacy at North Star Preliminary Plat and
PUD Plans with recommended conditions of approval.”
ATTACHMENTS:
1. Preliminary Plat and PUD Plan
2. Landscape Plans
3. Sewer Phasing Plan
4. Resolution 2018- approving Legacy at North Star Preliminary Plat and PUD Plans
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BUFFER TREES CONT QTY
Deciduous Screen Tree 2.5" BB 42
Ornamental Screen Tree 2.5" BB 39
Coniferous Screen Tree 6` BB 143
STREET TREES CONT QTY
Deciduous Street Tree 2.5" BB 284
GROUND COVERS QTY
Prairie Upland Dry Mix 73,688 sf
Prairie Wet Mesic Mix 59,690 sf
PLANT SCHEDULE
LP2
FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO.
DRAWN BY
CHECKED BY
DATE
11/20/17
KN
MK
Landscape Plan
PR
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LP2
---
LAKE ELMO,
MINNESOTA
I hereby certify that this plan, specification or report was prepared by
me or under my direct supervision and that I am a duly registered
Landscape Architect under the laws of the State of Minnesota.
Signed: _________________________________________
Date: _______________ Registration #: ______________
USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF
INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY
& ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN
AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN
ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES
LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY &
ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD
ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES
OR LOSSES RESULTING FROM ILLEGITMATE USE.
20050100050100
SCALE IN FEET
PRELIMINARY LANDSCAPE PLAN
THE LEGACY AT NORTH STAR
1
Resolution 2018-013
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-013
RESOLUTION APPROVING THE LEGACY AT NORTH STAR PRELIMINARY PLAT AND
DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT (PUD) PLANS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, GWSA Land Development, 10850 Old County Road 15, Suite 200
Plymouth, MN 55441 submitted an application to the City of Lake Elmo (City) for a Preliminary
Plat and Development Stage Planned Unit Development Plan for a 276 detached single family
residential planned unit development on 98.93 acres, a copy of which is on file in the City of
Lake Elmo Planning and Zoning Department; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on December 11,
2017 to consider the Preliminary Plat and Development Stage PUD Plan; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat and Development Stage PUD Plan subject to conditions of
approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat and Development Stage PUD Plan as part of a
memorandum to the City Council from the Planning Director for the February 7, 2018 Council
Meeting; and
WHEREAS, the City Council reviewed the application at its meeting held on February
6, 2018 and made the following findings:
1. That the Preliminary Plat and PUD Plans are consistent with the intent of the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area with the exception of the
Village Open Space Overlay District Greenbelt Corridor.
2. That the Preliminary Plat and PUD Plans comply with the general intent of the Village-Urban
Low Density Residential zoning districts with PUD modifications.
3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations.
4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with
exceptions as noted in the City Engineer’s memorandum dated December 5, 2017.
2
Resolution 2018-013
5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum
lot area, open space and street layout.
6. The PUD Concept Plan meets more than one of the required PUD objectives identified in
Section 154.751 including providing: 1) more adequate, usable, and suitably located open
space and recreational amenities and other public facility than would otherwise be provided
under conventional development techniques. 2) Preservation and enhancement of
important environmental features through careful and sensitive placement of buildings and
facilities, and 3) Allowing the development to operate in concern with a redevelopment
plan in certain areas of the City and to ensure the redevelopment goas and objective will
be achieved.
7. The PUD Concept Plan meets the allowed density requirements allowed with PUD
flexibility.
8. That the Applicant is providing the following amenities, for which the City shall award
amenity points (one point equal to one percent allowed increase in density):
a. Construction of a trail along the County right-of-way from 30th Way to the southerly
plat limits; grading along the storm sewer outfall pipe location within the future
right-of-way area along Lake Elmo Avenue of the property to the south of the
proposed development along with dedication of County right-of-way to facilitate a
future trail; and dedication of a 30-foot wide trail corridor along with construction
of a trail connecting the trail within the development to the trail within the Hamlet
on Sunfish Lake development (10 points).
b. Stormwater reuse if approved by the City Engineer (3 points).
c. Theming elements from the Lake Elmo Theming Study (1 point).
9. 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. Lot Dimensions and Bulk Building Requirements
Villa Lots Interior
Single
Family
Exterior
Single Family
Minimum Lot
Width
55 ft. 55 ft. 66 ft.
Minimum Lot
Area
7,900 sq. ft. 6,900 sq. ft. 8,500 sq. ft.
Minimum
Front Yard
Setback
15 ft. 25 ft. 25 ft.
Minimum Side
Yard Setback
7 ft./8 ft. 7 ft./8 ft. 10 ft./5 ft. or
7.5 ft./7.5 ft.
Maximum
Impervious
Surface
50% 40% 45%
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Concept PUD Plans for Parcel A – Schiltgen prepared by GWSA Land Development
subject to the following conditions:
3
Resolution 2018-013
1. That PID# 1102921440001 is subdivided to create Parcel 3 as indicated on the Preliminary
Plat and that a Zoning Map Amendment is approved to rezone Parcels 1, 2, and 3 from Rural
Development Transitional to Village Urban Low Density Residential.
2. That the future preliminary plat and preliminary PUD Plans includes parcels with the
PID#s 1402921110001, 1102921430001, and a portion of 1102921440001.
3. That the future Final Plat and PUD Plans submittal identify all requests for flexibility from
the V-LDR zoning district.
4. That all comments of the City Engineer’s Memorandum dated December 5, 2017 be
addressed.
5. That the Applicant submit additional details on the propose stormwater reuse system and
ongoing operations for City review and consideration. Ownership, maintenance and
ongoing operational responsibilities must be clearly defined, and City acceptance of
stormwater reuse must be contingent upon the City agreeing to the ongoing ownership,
maintenance and operation plan, including the execution of a stormwater maintenance and
easement agreement that addresses stormwater reuse.
6. That the Applicant provide a detailed phasing plan with the Final Plat 1st Addition
application that clearly indicates the phasing of the construction for each public
infrastructure component and addresses both construction access to the site and public
access for new residents. Temporary cul-de-sacs should be part of the phasing plans and
are required for any street with a platted lot with driveway access.
7. That the developer provide a trail connecting the trail in the middle of the development to
Hamlet on Sunfish Lake trails along with a trail corridor of at least 30 feet in width. The
developer shall not receive parkland dedication credit for the trail corridor nor cost of
construction of the trail.
8. That any approval be contingent on complying with Washington County’s requirements
and requests pertaining to right-of-way, turn lanes and trail needs as noted in the
Washington County Memo dated June 1, 2017.
9. Sufficient right-of-way along Lake Elmo Avenue N (CSAH-17) for both the Legacy at
Northstar Plat and PID# 14.02.921.11.0001 must be provided. Verification from
Washington County that sufficient right-of-way along Lake Elmo Avenue N (CSAH-17)
has been provided must be received by the City.
10. The Applicant shall be solely responsible for all construction costs associated with the
intersection improvements as recommended by Washington County.
11. That the Applicant provide a 50 foot buffer from the northern and western edges of the plat
which includes sufficient landscaping and/or berming, as deemed adequate by the City,
within residential lots protected by a landscape easement to buffer the northern and western
portions of the development as indicated by the Village Open Space greenbelt corridor of
the Comprehensive Plan Land Use Plan.
12. That the Landscape Plans receive approval from the City’s Landscape Architect and
include revisions as mentioned in the Staff Report dated to the Planning Commission dated
December 11, 2017.
13. That wetlands and wetland buffer areas be contained within outlots outside of lot areas and
dedicated to the City.
14. That the Applicant provide a detailed sanitary sewer phasing plan must be provided with
Final Plat 1st Addition application to address timely connection to sewer for the
4
Resolution 2018-013
wastewater treatment system that includes, at a minimum, dedicated right-of-way or
utility easement extended to the westerly side of the plat.
15. That the Final Plat and PUD Plans include a parking area for the HOA pool/playground
recreation area that meets all applicable standards.
16. That the proposed 15 foot front yard setback for Villa Lots be approved provided 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. That the Landscape Plans receive approval from the City’s Landscape Architect
and include revisions as mentioned in the Staff Report dated to the Planning Commission
dated December 11, 2017.
17. That the developer comply with any comments provided by the MnDNR.
18. That the developer provide deed restrictions, covenants, permanent easements or other
instruments for open space that prohibit future vegetative and topographic alterations other
than routine maintenance, construction of buildings or storage of vehicles and other
materials; and ensure preservation and maintenance of open space.
19. That the Applicant provide fencing around the stormwater ponds adjacent to the park on
the southeastern portion of the site for the protection of park goers.
20. That all Fire Chief and Building Official comments be addressed.
21. That street names comply with City’s Street Naming Policy.
22. That the Applicant provide specific examples of proposed development signage, fencing,
landscaping, lighting and site furnishings, including the clubhouse, that will adhere to the
Lake Elmo Branding and Theming Study with the Final Plat and PUD Plans submittal.
23. That the Applicant submit and the City approve updated Preliminary Plat and PUD Plans
prior to submission of Final Plat and PUD Plans.
24. The proposed 7’/8’sideyard setbacks shall be approved by the City Engineer.
25. That the Applicant construct a bituminous trail extending south along the County right-of-
way from 30th Way to the southerly plat limits (along the east side of Outlot C) and the
future County right-of-way area along Lake Elmo Avenue of the parcel to the south of the
plat should be graded for a future bituminous trail extension (grade ready trail) future
County right-of-way of the parcel to the south of the plat along the storm sewer outfall pipe
location.
26. That the Applicant pay a cash contribution in an amount equal to the fair market value of
3.383 acres of land to satisfy the development’s park land dedication requirement pursuant
to Section 154.14 of the City Code.
Passed and duly adopted this 7th day of February, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk