HomeMy WebLinkAbout#11 - Legacy at North Star Final Plat, PUD and Easement VacationSTAFF REPORT
DATE: 04/07/2020
TO: City Council
FROM: Ken Roberts – Planning Director
AGENDA ITEM: The Legacy at North Star Third Addition – Easement Vacation(s) and Final
Plat and PUD Plans
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
BACKGROUND:
GWSA Land Development is requesting City approval of easement vacations and the Final PUD Plans to create
lots for 64 single family detached homes located on 46.75 acres. This proposed final plat is the third phase of a 266
single family residential development on +/- 98.93 acres known as Legacy at North Star.
The City approved the PUD Concept Plan on June 6, 2017 and approved the Preliminary Plat and PUD Plans on
February 20, 2018 for the Legacy at North Star development. On August 8, 2018, the City Council approved the 1st
addition of the Development (PUD) with 59 single family lots (Res. 2018-090), and approved the 2nd addition on April
16th, 2019 with 74 single family lots (Res. 2019-026). The third phase will consist of 64 single family lots primarily
located in the southwest corner and the north east side of the development.
On March 9, 2020, the Planning Commission held a public hearing about these latest requests. They reviewed the
proposals and recommended approval of both the final plat and final PUD plans and the proposed easement
vacation, subject to conditions of approval.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is respectfully being requested to review and approve the developer’s requests for the proposed
easement vacations and the final Plat and final PUD Plans for Legacy at North Star Third Addition.
GENERAL INFORMATION:
Applicant: GWSA Land Development
Property Owner: GWSA Land Development, 10850 Old County Road 15, Suite 200, Plymouth, MN 55441
Location: Outlot B of 1st Addition, Legacy at North Star, Washington County, Minnesota.
PID#s: 14.029.21.11.0037
Request: Easement Vacations, Final Plat and Development Stage PUD Plans
Site Area: 46.75 acres
Res. Dev. Area: 97.25 acres (overall)
Land Use: Village Urban Low Density
Current Zoning: V-LDR/PUD
Proposed Zoning: V-LDR/PUD
Surrounding: RR (north)/ LDR and VMX (east)/Agriculture (south)/ OP and RR (west).
History: The City approved the PUD Concept Plan on June 6, 2017 and approved the Preliminary Plat
and PUD Plans on February 20, 2018 for the Legacy at North Star development.
Deadline: Application Complete – 1/29/2020
60 Day Deadline – 3/29/2020
Extension Letter Mailed – yes
120 Day Deadline – May 28, 2020
Applicable Code: Article 13 – Village Mixed Use District
Page 2
Article 18 – Planned Unit Development Regulations
Article 20 – Shoreland Code
Subdivision Regulations
PROPOSAL DETAILS/ANALYSIS:
PUD Flexibility. The City approved this Village-Low Density Residential (V-LDR)/PUD development for the
northern portion of the Schiltgen Farm at the northwest corner of CSAH 14 and CSAH 17. The developers requested
to develop with a PUD because this process would afforded the developer a higher density than would normally be
allowed if the development followed straight V-LDR zoning, furthermore, it also allowed flexibility within the
Shoreland Code and other areas of the zoning code, such as lot dimensions.
Changes since Preliminary Plat. The City had previously reviewed the discussed the preliminary plat for the Legacy
at North Star which included higher number of units and had a different configuration than the one approved by the
City Council in 2018. That approval came with revisions as directed by City Staff, Planning review, Engineering
memo and Landscaping memo. The developer reduced the number of lots in the preliminary PUD from 276 to 269
(down from 279 from Concept Plan), and again to 262 units due to engineering comments during the detailed reviews
of each phase of the development. Ultimately the density for the development will be at 2.68 units per acre with the
all changes required by the City.
Lot Sizes and Widths. The minimum allowed lot with in the shoreland of Sunfish Lake is 125 feet and 70 feet in
the V-LDR District. The minimum lot size for lots in the shoreland of Sunfish Lake is 20,000 sq. ft. and in the V-
LDR District, 9,000 sq. ft. The City allowed the developer to determine the area of buildable land and divide it by
20,000 sq. ft. This allows the developer the ability to have smaller lots but still maintain the total amount of land
required for the code. In addition, there is open space in the PUD that is for park purposes and a City-owned outlot.
Phases 1 and 2 the received approval for the lot sizes shown in red in the table below. The deviations are from
setbacks, lot area, and width. In Phase 3, Lots 1-4 of Block 2, and Lot 1 of Block 5 take advantage of the amended
lot dimensions. The proposed lot layout/dimensions are consistent with those approved by the City with the
preliminary plat.
Focusing on shoreland lots, only Lots 5-14 of Block 5 in this phase are in the shoreland district. Based off the
standards on the shoreland code, the developer would be allowed to have 17 lots in the shoreland district and they are
requesting 15 lots. Staff does not see that there are conflicts with the shoreland code.
Shoreland
Standard
V-LDR
Standard
Villa Lots –
Preliminary
Approval
Villa Lots -
Proposed
Interior
Single
Family –
Preliminary
Approval
Interior
Single
Family -
Proposed
Exterior
Single
Family –
Preliminary
Approval
Exterior
Single
Family -
Proposed
Minimum
Lot Width
125 ft. 70 ft. 55 ft. 55 ft. 55 ft. 55 ft. 66 ft. 65 ft.
Minimum
Lot Area
40,000 sq.
ft.
9,000 sq.
ft.
7,900 sq. ft. 6,600 sq. ft. 6,900 sq. ft. 6,840 sq.
ft.
8,500 sq. ft. 8,090 sq.
ft.
Minimum
Front Yard
Setback
N/A 25 ft. 15 ft. 15 ft. 25 ft. 25 ft. 25 ft. 25 ft.
Minimum
Side Yard
Setback
N/A 10 ft./5 ft.
or 7.5
ft./7.5 ft.
7 ft./8 ft. 7 ft./8 ft. 7 ft./8 ft. 7 ft./8 ft. 10 ft./5 ft. or
7.5 ft./7.5 ft.
10 ft./5
ft. or 7.5
ft./7.5 ft.
Maximum
Impervious
Surface
N/A 35% 50% 50% 40% 45% 45% 45%
Page 3
Landscaping and Tree Preservation. Staff submitted the proposed project landscape plans to the City’s Landscape
Architect for review. It is a recommended condition of approval that the landscape plans be approved by the
Landscape Architect before recording of final plat.
An issue that has arisen during the review of the plans for this phase of the development is that of required buffering
along the northern and western edges of the site. Condition 11 of the preliminary PUD approval from February 20,
2018 required the “applicant provide a minimum 30-foot buffer from the northern edges and 50 foot buffer from the
edges of the plat.” It is staff’s understanding that the City Council required this condition to have no-disturb areas to
help ensure the adjacent properties to the north and west of the site would have some type of buffering and/or
separation from the new development. With this phase of the development, there are areas along the northern side of
the site that would have less than a 30-foot buffer. This includes 41st Street running west from County Road 17, where
Kokanee Avenue will meet the northern property line and on Lots 3 and 4, Block 3. This street and lot layout are
consistent with the preliminary plat as approved by the City Council. If the City requires a 30-foot-wide no-disturb
buffer on the northern edge of Lots and 4, Block 3, it would greatly limit the buildable area on each of those lots.
In my review of the City Council minutes from January 16, 2018 when the City was first discussing this plat, there
was a motion made and approved by the City Council stating “that the applicant will provide a buffer deemed
adequate by the City with sufficient landscaping or berming within the residential lots protected by a landscape
easement and approved by the City.” This motion, however, did not get carried forward to the February 20, 2018 City
Council meeting nor was included in the final conditions of approval for the PUD. To resolve this, staff is
recommending the developer provide the City a detailed site, landscaping and/or berming plan for Lots 3 and 4, Block
3 that would be subject to City staff approval. These plans are to maximize the size of the buffer and no disturb (no
build area) on each lot and is to show sufficient landscaping with trees and/or berming along the north property line
to provide screening and would be subject to City staff approval.
Much of what the rest of what developer needs to correct in the landscape plans are setback and spacing related which
the developer has been addressing since the Planning Commission meeting.
The applicant also provided a tree preservation plan for the overall PUD. For this phase of development there are no
trees shown for removal.
Outlots. Outlots B and C will eventually be owned by the HOA and have a Drainage and Utility easement applied to
them while Outlot D and Outlot A will have a drainage and utility easement applied while also be retained by the
Developer for future additions. See the Engineering section below for additional comments.
Page 4
Parkland Dedication. The total required parkland dedication for the Legacy at North Star development is 10% of
the total 98.93 acres - (9.893 acres). The applicant partially satisfied
the park dedication requirement for the 1st and 2nd Addition with the
dedication of Outlot D of the Northport addition, which consisted
of 6.51 acres.
The required park dedication is based on a 10% basis, either in the
form of a cash payment or land dedication. The Developer applied
2.72 acres of the 6.51 acre dedication to the first addition. The
developer applied an additional 2.28 acres from the 6.51 acre land
dedication to the park dedication requirement for the 2nd addition.
With the 3rd phase of development consisting of 21.45 acres, the
applicant will be responsible for a park dedication of 2.145 acres of
land. Since the Developer has 1.5 acres of credit remaining from
the initial 6.51 acre land dedication, they will be responsible for an
additional park dedication of 0.645 acres of land to meet the park
dedication requirement for the 3rd Addition. They may satisfy this
requirement by paying the City a cash contribution of $52,643 (.645
acres * 81,617.3 value per acre).
The development also will provide an HOA-owned
and maintained playfield in Outlot G on the west side
of the project site that will part of this phase. There
also is a playground, pool, pool house, and recreation
area that the Developer established in the 1st Addition.
Trails. It was a condition of preliminary plat approval
that the applicant provide a trail connection to the
Hamlet on Sunfish Lake trails plat, as shown below.
This trail connection runs along 39th Street and will
connect the Hamlet on Sunfish Lake trails to Lake
Elmo Avenue. The trail connection will be a part of
this phase, but will stop at the North Star property
line.
Private Trails. Private trails are shown below in red
where blue represents areas where there are either
public sidewalks, trails, or both.
Subdivision Signs. Staff does not see that the developer is proposing to install any subdivision signs with this phase
of the development. However, if the developer wants to install a sign, it will need to meet all the standards in the
City Sign Code.
9.893 acres required to satisfy the City dedication requirements.
6.51 acres dedicate to the City via Outlot D of Northport
1st addition = 2.72 acres required
2nd addition = 2.28 acres required
Total 5
3rd addition = 2.145 acres required 2.145 – 1.5 = .645 acres required for park dedication for 3rd Addition.
6.51 – 5 = 1.5 acres remaining for credit
Dedicated
Land
Reid
Park
Page 5
Streets and Access. The development has a modified street grid with 60 foot wide public rights-of-ways with 28
foot wide streets (back to back), allowing parking on both sides of the street, except where there are center islands,
such as at the entrance roads off of Lake Elmo Avenue. The proposed Third Addition street connections and designs
are consistent with the approved overall preliminary plat.
The developer provided right-of-way and street stubs from the First Addition to allow for vehicle connectivity to the
north and south properties, should those ever develop. With the construction of this phase of the PUD, the
development will have two street access points to the Schiltgen parcel to the south of the project site and one street
access to the north. Staff expects these street connection points would be used to access the adjacent properties to
the south and north in the event these properties develop. Such a future development to the south of this site also
could provide street access to the land locked Chavez parcel lying on the eastern edge of Sunfish Lake.
Village Parkway Design. When reviewing the Concept Plan the Council adopted a condition of approval that the
developer carry the Village Parkway design through in the development with the southern road (39th Street) to at least
to the first street stub providing access to the south. The developer met this design with the First Addition, with a trail
on the north side and sidewalk on the south side to match up with existing configuration of 39th Street to the east.
Street Names. The proposed street names are consistent with the City street naming policy.
Fire Chief and Building Official Comments. Planning staff provided the Fire Chief and Building Official copies
of the proposed Third Addition final plat. Comments were not provided.
Washington County Review. The final plat and construction plans have been sent to Washington County for review.
Staff did not receive comments from them for the 3rd addition.
City Engineer Comments. The City Engineer memo dated February 17, 2020 is attached to this report. There are
several comments in the report that will be impactful to the development. Staff views them as being positive.
Engineering Memo Summary:
• Outlot M, P, and O (As shown on the preliminary Plat, Attached) will need to be included in the 3rd phase for
stormwater management.
• Outlot I (Preliminary Plat – Outlot D of 3rd addition plat) must be an outlot as opposed to a drainage and utility
easement.
• The Trail through outlot E shall be completed, which was partially in the 2nd addition.
Other Concerns.
Watering Ban. The City is planning to construct another well in 2020 to help supply City water to the
residents and users on the City water system. However, until the well is on-line, there may be water shortages
– especially if there is a dry spring and summer. Due to the possible shortage of water, the City may need to
implement watering restrictions in the City for this summer and into the future. This could include limiting
or prohibiting the use water outside including for car washing and for watering grass. This could affect future
home builders and buyers as there may be a limited supply of water available for outdoor uses.
Conditions of Preliminary Plat and PUD Plan Approval. The following indicates how this phase of the
development will meet the conditions of Preliminary Plat and PUD Plan Approval.
1. That PID# 11.029.21.44.0001 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.
This condition has been met.
2. That the future preliminary plat and PUD Plans include parcels with PID# 14.029.21.11.0001,
11.029.21.43.0001, and a portion of 11.029.21.44.0001.
Page 6
This condition has been met.
3. That the future preliminary plat and preliminary PUD Plans submittal identify all requests for flexibility
from the V-LDR zoning district.
The Applicant indicates in the narrative that PUD Flexibility is being requested on minimum lot width, lot
area, front yard setback, side yard setback and maximum impervious coverage.
4. That all comments of the City Engineer’s Memorandum dated May 8, 2017 be addressed with the future
preliminary plat and preliminary PUD Plans submittal.
It is a recommended condition of approval for the Third Addition that the applicant address all items outlined
in the City Engineer’s memo for the Final Plat and PUD Plans dated February 17, 2020.
5. That the Applicant submit additional details on the proposed 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.
The Applicant has chosen to not pursue stormwater reuse on this time. While the Council did grant amenity
points for this feature, there are still enough amenity points granted to reach the increased density. The
applicant has indicated within the narrative that it was decided that this site would be better served with
infiltration basins and that the stormwater reuse was not necessary due to the decrease in lot count and
increase in open space.
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.
The applicant provided this with the construction plans.
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.
The developer will provide this trail and will not receive parkland dedication credit for the construction of
this 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.
Washington County submitted preliminary plat comments to the City in a memo dated June 1, 2018. This
memo indicated that sufficient right-of-way has been provided as per the Washington County Comprehensive
Plan on the preliminary plat and that a sufficient right-of-way easement is provided to the south of the
development. However, this memo also indicated that it would be preferable for there to be an additional 25
feet of right-of-way in order to accommodate a proposed route for the Central Greenway Trail, and because
there is not 75 feet of right-of-way present on the on the east side of CSAH 17 centerline in order to
accommodate a the 150 foot corridor required to expand to a four-lane divided highway. (Note: This
condition has been met.)
9. Sufficient right-of-way along Lake Elmo Avenue N (CSAH-17) for both the Legacy at North Star 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.
It is a recommended condition of approval that the City receive written documentation from Washington
County that sufficient right-of-way has been provided along CSAH 17/Lake Elmo Avenue along with a
sufficient right-of-way easement on the property to the south. (Note: This condition has been met.)
Page 7
10. The Applicant shall be solely responsible for all construction costs associated with the intersection
improvements as recommended by Washington County.
The developer started the construction of the First Addition in 2018 including the intersection of County
Road 17 and 39th Street. The Developers Agreement(s) will further outline the Developer responsibility for
the costs of the new intersection at 41st Street with County Road 17.
11. That the Applicant provide a minimum 30 foot buffer from the northern edges and 50 foot buffer from the
western edges of the plat. This buffer shall average 170 feet on the western edge of the plat and 86 feet on
the northern edge of the plat and include sufficient landscaping and/or berming as deemed adequate by the
City.
The applicant provided the City with the preliminary plat application an exhibit showing that the plans will
meet this requirement. With the addition of the stub road to the north, however, it is not possible to have the
30-foot-buffer on two of the lots in this phase of the development. I outlined the status of this condition of
approval and the current project plans in more detail on page 3 of this report. Staff is recommending a
condition of approval that a 30 foot-wide no build buffer be applied to the northern development lot line and
a 50 foot-wide no build buffer be incorporated on the western edge of the site and that the developer provide
a detailed landscaping plan for Lot 4, Block 3 to meet the intent of this condition.
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.
The overall landscape plans have been approved by the City’s Landscape Architect. It is a recommended
condition of approval for Phase 3 that the landscape plans be updated to meet current City Standards and
be approved by the City’s Landscape Architect.
13. That wetlands and wetland buffer areas be contained within outlots outside of lot areas and dedicated to the
City.
The preliminary plat shows that with buffer averaging this wetland buffer has been contained within Outlot
N of the preliminary plat. This condition is not applicable to the Third Addition.
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 wastewater treatment system that
includes, at a minimum, dedicated right-of-way or utility easement extended to the westerly side of the plat.
The applicant provided a drainage and utility easement over all of Outlot H, which may be used by the City
as a permanent drainage and utility easement for the installation of a trunk sanitary sewer pipe to serve the
Hamlet on Sunfish Lake development. The developer will be installing the sanitary sewer pipe with this
phase of the development that the City can use to connect to the Hamlet on Sunfish Lake sewer system.
Page 8
15. That the Final Plat and PUD Plans include a parking area for the HOA pool/playground recreation area that
meets all applicable standards.
This condition was addressed in Phase 1.
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.
The applicant has indicated that they would prefer to have this requirement within the architectural
guidelines, which is requested to be a separate document from the HOA documents. The applicant has
indicated that this would provide greater control over the building designs. This change is a recommended
condition of Final Plat and PUD Plans approval to have the applicant provide the City with this
documentation for this phase of the development.
17. That the developer comply with any comments provided by the MnDNR.
The applicant provided with the Preliminary Plat and PUD Plans application a shoreland tier analysis that
shows the applicant’s plans provided sufficient open space within the shoreland area.
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.
It is a recommended condition of approval that the Applicant provide an open space or conservation
easement with the City over homeowners’ association-owned outlots on the northern and western edges of
the development.
19. That all Fire Chief and Building Official comments be addressed.
Planning staff submitted the proposed Third Addition Final Plat and PUD Plans to the Building Official and
Fire Chief. It is a recommended condition of approval of the Final Plat and PUD Plans that the developer
address all these comments.
20. That street names comply with City’s Street Naming Policy.
Page 9
The applicant changed the street names since preliminary plat approval to adhere to the City’s current street
naming policy. The proposed street names in this Phase are consistent with those in the Preliminary Plat.
21. 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.
The applicant provided the City with this information with the Final Plat for the First Addition.
22. That the Applicant submit and the City approve updated Preliminary Plat and PUD Plans prior to submission
of Final Plat and PUD Plans.
The preliminary plat and PUD plans were approved before the applicant submitted the proposed Third
Addition Final Plat and PUD application.
23. The proposed 7’/8’sideyard setbacks shall be approved by the City Engineer.
The Engineer does not have issue with this side yard setback.
24. 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) along the storm sewer outfall pipe location.
This trail was shown on the construction plans for the First Addition and is covered by the developer’s
agreement for that phase of the project.
25. 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.
The applicant dedicated 6.51 physical acres of land for park purposes during preliminary PUD approval.
The total required park contribution for the PUD was 9.893 acres, leaving 3.383 acres to either be dedicated
by the developer or they are to provide a financial contribution for each phase of the PUD as they are
developed. As noted in this report, the applicant will be responsible for a park dedication fee of $53,212.53
for Phase 3 of the PUD.
Recommended Findings. Staff recommends approval of the Legacy at North Star Third Addition Final Plat and
PUD Plans based on the following findings:
1. That all the requirements of City Code Section 153.10 related to the Final Plan and Final Plat have been met
by the Applicant.
2. That the proposed Final Plat and PUD Plans for Legacy at North Star Third Addition will create 64 lots for
single-family detached residential structures.
3. That the Legacy at North Star Third Addition Final Plat and PUD Plans are generally consistent with the
Preliminary Plat and PUD Plans as approved by the City of Lake Elmo on February 20, 2018 by Resolution
2018-013.
4. That the Legacy at North Star Third Addition Final Plat and PUD Plans are consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area with an allowed increase in density as a
Planned Unit Development and with the exception of the Village Open Space Overlay District Greenbelt
Corridor.
5. That the Legacy at North Star Third Addition Final Plat and PUD Plans comply with general intent of the
City’s Village Low Density Residential zoning district regulations with PUD Modifications.
Page 10
6. That the Legacy at North Star Third Addition Final Plat and PUD Plans comply with all other applicable
zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other
ordinances with the exception of issues identified in the Engineering memo dated February 17, 2020.
7. That the Legacy at North Star Third Addition Final Plat and PUD Plans comply with the City’s subdivision
ordinance with PUD modifications.
8. That the Legacy at North Star Third Addition Final Plat and PUD Plans are generally consistent with the
City’s engineering standards with the exception of necessary plan revisions outlined by the City Engineer in
his review comments to the City about Legacy at North Star Third Addition Final Plat and PUD Plans dated
December 12, 2019.
9. That the Legacy at North Star Third Addition Final Plat and PUD Plans meet the minimum requirement for a
PUD including minimum lot area, open space and street layout.
10. That the Legacy at North Star Third Addition Final Plat and PUD Plans meet 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.
11. That the Legacy at North Star Third Addition Final Plat and PUD Plans meet the allowed density requirements
allowed with PUD flexibility.
12. That the Applicant is providing the following amenities, for which the City shall award amenity points:
a. Pedestrian improvements including 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 from
Lak Elmo Avenue to the trail within the Hamlet on Sunfish Lake development (10 points).
b. Theming elements from the Lake Elmo Theming Study (1 point).
c. Additional open space above 20% (2 points).
d. Connection of sewer to Hamlet on Sunfish Lake Development (5 points).
e. Provision of private park amenities including a clubhouse, tot lot, and pool (5 points).
13. 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. 65 ft.
Minimum Lot
Area
6,600 sq. ft. 6,840 sq. ft. 8,090 sq. ft.
Minimum Front
Yard
Setback
15 ft. 25 ft. 25 ft.
Page 11
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% 45% 45%
Recommended Conditions of Approval. Staff and the Planning Commission are recommending approval of the
requested Legacy at North Star Third Addition Final Plat and PUD Plans with the following conditions:
1. Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape
plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and
applicable Staff before the recording of the Final Plat. All changes and modifications to the plans
requested by the City Engineer in the memorandums addressing Legacy at North Star Third Addition Final
Plat and PUD Plans dated February 17, 2020 shall be incorporated into these documents and the project
plans before the City gives them final approval. Such revisions shall include the required drainage and
utility easements and temporary cul-de-sacs, if necessary.
2. All easements as requested by the City Engineer and Public Works Department shall be documented on the
Final Plat before its execution by City Officials.
3. Final Plat approval is contingent upon the inclusion of temporary cul-de-sacs as may be determined as
necessary by the City Engineer. Any temporary cul-de-sac cannot encroach on a lot proposed for platting.
4. If applicable, the Final Plat be contingent upon the City receiving separate drainage and utility easements in
the City’s standard form of easement agreement for all off-site development improvements (beyond the plat
limits). All off-site easements must be clearly shown on the street, grading and utility plans, with all
dimensions labeled. The easements must be obtained before the start of construction.
5. Before the execution of the Final Plat by City officials, the Developer shall enter into a Development
Agreement acceptable to the City Attorney and approved by the City Council that delineates who is
responsible for the design, construction, and payment of the required improvements and shall include the
payment of required park dedication fees for the Legacy at North Star Third Addition Final Plat with
financial guarantees therefore.
6. A Landscape License Agreement shall be prepared for the maintenance of commonly held homeowners’
association-owned and City-owned outlots, right-of-ways, and medians before the release of the final plat
by City Officials.
7. That the developer provide a trail connecting to the trails of Hamlet on Sunfish Lake. The Applicant shall
not receive parkland dedication credit for the trail outlot or easement or construction of the trial.
8. That the developer provide the City written verification from Washington County that sufficient right-of-
way has been provided on the plat along with a sufficient right-of-way easement along the property to the
south of the development before plat recording. Prior to construction, the plan section detailing southbound
right turn lanes and center left turn lanes at 39th Street must be submitted and approved by the county traffic
engineer, applicable Washington County right-of-way permits must be obtained, drainage report and
calculations must be submitted, and access control shall be dedicated to Washington County along CSAH
17/Lake Elmo Avenue frontage. The Applicant shall be solely responsible for all construction costs
associated with the intersection improvements as recommended by Washington County. (Complete)
9. If still needed, that the applicant provide a Roadway, Drainage and Utility Easement in City standard form
of roadway easement agreement, along Lake Elmo Avenue (CSAH 17) from the southern boundary to
Page 12
Stillwater Boulevard North (CSAH 14), and consistent with the requirements of the preliminary plat
approval.
10. That the Landscape Plans for this phase of the development be approved by the City’s Landscape Architect
before recording of final plat.
11. That the applicant include in the Architectural Control guidelines for this phase of the development the
requirements that villa lots utilize 4-sided architecture and garages facing the public right-of-ways to have
windows and/or other architectural features.
12. That the applicant address all Fire Chief and Building Official comments in the final project plans.
13. That street names shall comply with City’s Street Naming Policy.
14. That the applicant pay the City the required parkland dedication fee applicable to this phase of the
development, which is equivalent to a land dedication of 0.645 acres, before the City releases the final plat
for recording.
15. That the applicant notify all home builders about possible City outdoor watering restrictions and that the
home builders notify all home buyers that the City may impose limits on outdoor water use including no
watering of grass or sod, unless the applicant is notifies by the city that this notice is no longer required. Said
decision about whether or not this notice is no longer required shall be made at the sole discretion of the City.
The applicant shall have the city approve the notification message before recording the final plat.
16. Except for along 41st Street north, at the required stub street (Kokanee Avenue North) and on Lots 3 and 4,
Block 3, that the developer provide a 30 foot-wide open space buffer along to the northern development line
as well as a 50 foot-wide open space buffer along the western line of the development. The City must approve
the form of this buffer or easement before releasing the final plat for recording. For Lots 3 and 4, Block 3,
the developer shall provide the City a detailed site, landscaping and/or berming plan for each lot that would
be subject to City staff approval. This plan is to maximize the size of the buffer and no disturb (no build
area) on each lot and is to show sufficient landscaping with trees and/or berming along the north property
line of each lot to provide screening. These plans for each lot shall be subject to City staff approval and the
no-disturb buffer area for each lot shall be included in the conservation easement or in another protective
easement for the development.
17. That the development utilize Traditionaire LED Downlights from Xcel Energy for the development in lieu
of the Street Light Type/Pole of Acorn with aluminum pole (all black) indicated in the City’s Engineering
Standards and that streetlights be located only at intersections and at the ends of cul-de-sacs.
18. The developer record the approved final plat with Washington County within 180 days after City Council
approval. Failure to record the final plat within 180 days of approval will cause the approval to become void.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the Legacy at North Star Third Addition Final Plat and
PUD Plans with recommended findings and conditions of approval.
“Move to adopt Resolution 2020-034 approving the Legacy at North Star Third Addition Final Plat and
Final PUD Plans as recommended by the Planning Commission with the recommended findings and
conditions of approval as listed in the staff report.”
Page 13
EASEMENT VACATION:
Easement Vacations. The applicant is requesting the City vacate part of the drainage and utility easement that
resides over Outlot B, which was established in the First addition for the Third addition. The developer dedicated
the easement with the Fist Addition final plat but it will no longer be required because new easements will be
established with the Third Addition final plat. In addition, the developer could not record a new final plat (or
replat) these existing Outlots into Lots and Blocks with the existing easements in place.
Minnesota Statue outlines the provisions for vacating a public right-of-way or easement. It states in part that
“Council may, by resolution, vacate any street, alley, public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land abutting said property. Easement vacations require a
public hearing and 4/5 vote by Council only if there has been no petition.”
Recommended Findings:
• The applicant has satisfied the City Platting Requirements.
• The existing easement that resides over Outlot B of the 1st addition will no longer serve a functional
purpose as it is over land that is area of the proposed 3rd addition.
• That the recording of Legacy at North Star 3rd Addition will provide new easements that will provide the
same function as the easement the City would be vacating.
Recommended Conditions of Approval:
• The final plat of the Legacy at North Star 3rd addition and the PUD Plans shall be approved by the City
Council.
• The dedication of new easements will be provided with the recording of Legacy at North Star 3rd Addition
that will provide the same function as the easement(s) that the City is vacating.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the proposed vacation of the drainage and utility
easements on Outlot B of Legacy at North Star First Addition as shown on the easement vacation Exhibit dated
January 8, 2020.
“Move to adopt Resolution 2020 – 035 approving the requested vacation of the drainage and utility easements on
Outlot B of Legacy North Star First Addition for the purposes of final platting the Legacy at North Star Third
Addition with the findings and conditions of approval as listed in the staff report.”
ATTACHMENTS:
1. Proposed Final Plat
2. Approved Preliminary Plat
3. Construction Phasing Plan
4. Vacation Map (Outlot Map)
5. Site Maps
6. City Engineer Report dated February 17, 2020
7. Landscape Architect Review Memo February 19, 2020
8. Resolution 2020 – 034 Approving the final plat and final PUD plans
9. Resolution 2020 – 035 Approving easement vacation
Page 14
PAGE 1 of 2
MEMORANDUM
Date: February 17, 2020
To: Ken Roberts, Planning Director Re: Legacy at Northstar 3rd Addition – Final Plat
Cc: Chad Isakson, P.E., Assistant City Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Legacy at Northstar 3rd Addition. Final Plat/Final Construction
Plans were received on January 31, 2020. The submittal consisted of the following documentation:
Legacy at Northstar 2nd Addition Final Plat, Sheets 1‐4, received January 31, 2020.
Legacy at Northstar 3rd Addition Construction Plans, Sheets 1‐32, dated December 19, 2019.
Legacy at Northstar 3rd Addition Specifications dated January 20, 2020.
Legacy at Northstar Phase 3 Landscape Plan, Sheets LP1‐LP6, dated January 27, 2020.
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval, and one to assist with the completion of the final Construction Plans. Please see the following review
comments relating to the Final Plat application.
FINAL PLAT/PLANS: LEGACY AT NORTHSTAR 3RD ADDITION
Final Plat approval must be contingent upon the Northstar 3rd Addition Plat including the dedication of city
owned Outlot M for storm water management, city owned Outlot P for storm water management, and
HOA owned Outlot O (Outlot names from the approved preliminary plat). The Plat must include the
required sanitary sewer and storm sewer easements on Outlot O.
Final Plat approval must be contingent upon the dedication of Outlot I (as shown on the preliminary plat)
rather than the proposed drainage and utility easement over Lot 5, Block 7. Outlot I must include a
drainage and utility easement to the city over the entire Outlot.
The Legacy at North Star 3rd Addition Final Plat should include the dedication of HOA owned Outlot E
(preliminary plat) including the drainage and trail improvements to be completed adjacent to the 2nd
Addition and 3rd Addition platted lots. A drainage and utility easement must be provided over all Outlot E.
The Final Plat should be revised to either remove Lot 1, Block 8 (to be constructed with future
development phases) or to include the dedication of Outlot J (HOA owned) with a drainage and utility
easement to the city over the entire Outlot.
The Final Plat/construction plans must include a tempraory cul‐de‐sac on the west end of 41st Street in
order to include Lots 1 and 2, Block 3 as platted lots in the 3rd Addition.
Outlot A is shown as Shiltgen Family owned and is reserved for future development.
Outlot B is shown as HOA owned as required. The Final Plat must be revised to add a drainage and utility
easement over all of Outlot B.
Outlot C is shown as HOA owned as required. The Final Plat must be revised to add a drainage and utility
easement over all of Outlot C.
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
Outlot D is shown as HOA owned. The Final Plat must be revised to add a drainage and utility easement
over all of Outlot D. The approved preliminary plat shows Outlot D as developer owned?
The Final Plat and Final Construction Plans must be revised so that Outlots and ownership are consistent
throughout the Final Plat and Final Construction Plans. There are significant discrepancies between the
proposed final plat and proposed plan documents.
All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
All off‐site easements must be clearly shown on the street, grading and utility plans, with all dimensions
labeled. The easements must be obtained and recorded prior to the start of construction (if not already
provided).
Permanent drainage and utility easements are required for the proposed water/sewer stubs on the
northerly property at the north end of Kokanee Avenue.
Permanent drainage and utility easements are required for the proposed storm sewer and
water/sewer stubs on the southerly property at the south end of 38th Street.
The Final Plat/Plans show access to Lake Elmo Avenue at 41st Street North as required to provide
secondary access for the Legacy at North Star development.
The sanitary sewer plan includes approximately 550 feet of 10‐inch diameter sewer pipe oversizing,
extended along 39th Street and stubbed across Outlot O to the Hamlet of Sunfish Lake subdivision.
Oversize pipe costs should be addressed as part of the development agreement. No trunk watermain
oversizing is anticipated. All watermains should be 8‐inch diameter pipe.
Final Construction Plans and Specifications must be prepared in accordance with the City Engineering
Design Standards Manual dated April 2019, using City details, plan notes and specifications and meeting
City Engineering Design Guidelines.
Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated February 17, 2020.
The Final Plat shall not be recorded until final construction plan approval is granted.
No construction for Legacy at Northstar 3rd Addition may begin until the applicant has received City
Engineer approval for the Final Construction Plans; the applicant has obtained and submitted to the City all
applicable permits, easements and permissions needed for the project; and a preconstruction meeting has
been held by the City’s engineering department.
Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming
Toll Free 800-472-2232 Web wenck.com
To: Ken Roberts, City of Lake Elmo Planning Director
From: Lucius Jonett, Wenck Landscape Architect
Date: February 19, 2020
Subject: City of Lake Elmo Landscape Plan Review
Legacy at Northstar 3rd Addition, Review #1
Submittals
Tree Preservation Plan, dated July 5, 2018, received February 19, 2020.
Landscape Plans, dated January 27, 2020, received February 19, 2020.
Location: East of Sunfish Lake and West of Lake Elmo Avenue North with entrances into
the proposed development on 39th Street North and 41st Street Circle North.
Land Use Category: Village Low Density Residential
Surrounding Land Use Concerns: Screening from northern and western edges of the
plat.
Special landscape provisions in addition to the zoning code: The northern and
western edges of the property require a greenbelt buffer consisting of a sufficiently wide
buffer, berming and landscaping to screen the adjacent properties.
Ken Roberts
Planning Director
City of Lake Elmo February 19, 2020
2
T:\6443 Lake Elmo\07 Legacy at North Star\04 3rd Addition\2020-01-27\2020-02-19 Legacy at Northstar 3rd Addition Landscape Plan Review.docx
Tree Preservation:
A. A tree preservation plan has been submitted that does meet all requirements. This tree
preservation plan was submitted and approved with the preliminary plan.
Master Plan
Total Caliper Inches on-Site: 295.00 Cal Inches
Significant Inches Removed On-Site 60.5 Cal Inches
Common Trees 60.5
Conifer/Evergreen Trees 0
Hardwood Trees 0
Tree Removal Limits (30% Significant Inches Removed On-Site) 88.50 Cal Inches
Subtract Common Tree Removals 60.5
Subtract Conifer/Evergreen Tree Removals 0
Subtract Hardwood Tree Removals 0
Removals in excess of 30% allowance 0.00 Cal Inches
Removals in Excess of Allowance 0 Cal Inches
Hardwood Tree Replacement (1/2 the dia inches removed) 0.00 Cal Inches
Tree replacement needed 0.00 Cal Inches
Tree Replacement Required @ 2.5" per Tree 0 # of Trees
B. Tree replacement is not required because less than thirty (30) percent of the diameter
inches of significant trees surveyed will be removed.
C. Tree replacement calculations follow the required procedure and are correct.
D. This project is residential development, any require mitigation replacement trees shall
be in addition to landscape required tree counts.
Ken Roberts
Planning Director
City of Lake Elmo February 19, 2020
3
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Landscape Requirements:
The proposed 3rd addition landscape plans are consistent with the previously approved
preliminary plat landscape plans and meet the code required number of trees.
Master
Plan
Preliminary
Plan
1st
Addition
1st
Addition
2nd
Addition
2nd
Addition
Required Approved Required Proposed Required Proposed
Street frontage 26276 3185 3315 Lineal
Feet
Lake Shore 0 Lineal
Feet
Stream Frontage 0 Lineal
Feet
Total Linear Feet 26276 3185 3315 Lineal
Feet
/50 Feet = Required Frontage Trees 526 526* 64 66 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 100 23 25 Acres
*5 = Required Development Trees 500 500 115 125 Trees
Required Mitigation Trees** 0
Required Number of Trees 1026 179 191
Total Trees to Date*** 1019 232 263
*It is noted on the plans, "Due to utility conflicts 44 of the boulevard trees shall be planted as buffer trees."
**Ornamental Trees are not acceptable for use as replacement trees ***Proposed 12' evegreen trees shall count as 2 - 6' trees allowing 7 trees less than required.
Master
Plan
Preliminary
Plan
3rd
Addition
3rd
Addition
Required Approved Required Proposed
Street frontage 26276 3733 Lineal
Feet
Lake Shore 0 Lineal
Feet
Stream Frontage 0 Lineal
Feet
Total Linear Feet 26276 3733 Lineal
Feet
/50 Feet = Required Frontage Trees 526 526* 75 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 100 28 Acres
*5 = Required Development Trees 500 500 140 Trees
Required Mitigation Trees** 0
Required Number of Trees 1026 215
Total Trees to Date*** 1019 316
Ken Roberts
Planning Director
City of Lake Elmo February 19, 2020
4
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1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage.
2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of
land that is developed or disturbed by development activity.
The landscape plans do meet the minimum compositions of required trees:
• At least 25% of the required number of trees shall be deciduous shade trees
• At least 25% of the required number of trees shall be coniferous trees
Preliminary Plan Qty
Developer Deciduous Shade Trees 297
Developer Coniferous Trees 195
Developer Ornamental Trees 9
Builder Deciduous Shade Trees 342
Builder Coniferous Trees 176
Tree Count 1019
% Composition
Total Deciduous Shade Trees 648 64% >25% required
Total Coniferous Trees 371 36% >25% required
Tree Count 1019
Phase 1 Qty
Developer Deciduous Shade Trees 69
Developer Coniferous Trees 46
Developer Ornamental Trees 0
Builder Deciduous Shade Trees 80
Builder Coniferous Trees 37
Tree Count 232 % Composition
Phase 1 Total Deciduous Shade Trees 149 64% >25% required
Phase 1 Total Coniferous Trees 83 36% >25% required
Tree Count 232 Phase 2 Qty
Developer Deciduous Shade Trees 54
Developer Coniferous Trees 49
Developer Ornamental Trees 9
Builder Deciduous Shade Trees 92 Builder Coniferous Trees 59
Tree Count 263 % Composition
Phase 2 Total Deciduous Shade Trees 155 59% >25% required
Phase 2 Total Coniferous Trees 108 41% >25% required
Tree Count 263 % Composition
Phase 1 & 2 Total Deciduous Shade Trees 304 61% >25% required
Phase 1 & 2 Total Coniferous Trees 191 39% >25% required
Tree Count 495
Ken Roberts
Planning Director
City of Lake Elmo February 19, 2020
5
T:\6443 Lake Elmo\07 Legacy at North Star\04 3rd Addition\2020-01-27\2020-02-19 Legacy at Northstar 3rd Addition Landscape Plan Review.docx
Phase 3 Qty
Developer Deciduous Shade Trees 71
Developer Coniferous Trees 116
Developer Ornamental Trees 0
Builder Deciduous Shade Trees 86
Builder Coniferous Trees 43
Tree Count 316 % Composition
Phase 3 Total Deciduous Shade Trees 157 50% >25% required
Phase 3 Total Coniferous Trees 159 50% >25% required
Tree Count 316 % Composition
Phase 1-3 Total Deciduous Shade Trees 461 57% >25% required
Phase 1-3 Total Coniferous Trees 350 43% >25% required
Tree Count 811
A. A landscape plan has been submitted that does not include all requirements.
1. Driveway pavements are not shown on the landscape plan to review for tree
placement conflicts.
2. Stormwater utilities are not shown on the landscape plan to review for tree
placement conflicts.
3. Property lines and easements, including 10’ small utility setback/easement from
all property lines, are not shown on the landscape plan to review for landscape
placement conflicts.
i. No deciduous tree trunks, evergreen tree mature driplines, or shrubs are
allowed in the easement areas.
B. The landscape plan does not meet the landscape layout requirements.
1. No utility conflicts; Prefer that the trunk of trees shall be 10 feet from the
nearest utility, including water and sewer service stubs to each lot.
C. Interior Parking Lot Landscaping – The development does not include interior parking
lots.
D. Perimeter Parking Lot Landscaping – The development does not include perimeter
parking lots.
E. Screening – A greenbelt with screening is required on the northern and western edges of
the property and is shown on the proposed 3rd addition landscape plans. The screening
design meets City requirements.
Ken Roberts
Planning Director
City of Lake Elmo February 19, 2020
6
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Findings:
1. Driveway pavements, stormwater utilities, and easement lines, including 10’ small utility
setback/easement from all property lines, are not shown on the landscape plan to review
for landscape placement conflicts.
2. With the 10’ small utility setback/easement from all property line requirement, it is
expected that the applicant will have to shift the greenbelt screening buffer out of the
easements as required.
3. There are several trees drawn within 10’ of the utility service lines to the properties. See
attached figure showing conflicts. It is noted on the plans that trees are to be 10’ away
from trunk to utility pipes in case symbols depict a location too close to utility services to
homes on the plan.
4. Trees within residential lots that are intended to count toward the required number of
landscape trees will need to be installed by the developer before the lot is built on and
maintained. Proposed builder site trees will be difficult for City inspections since staff
would possibly have to go on a homeowner’s lot to inspect. Builder street trees are okay,
since they can be inspected from public property. However all builder trees will need to
be installed and maintained for 2 years before the landscape financial security can be
released.
Recommendation:
It is recommended that a condition of approval includes:
1. Submit a revised landscape plan including the missing driveway pavements, stormwater
utilities, and easement lines for conflict review. And adjust the location of the greenbelt
screening plantings to be outside of the 10’ small utility setback/easement from all
property lines.
Sincerely,
Lucius Jonett, PLA (MN)
Wenck Associates, Inc.
City of Lake Elmo Municipal Landscape Architect
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1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2020 - 034
RESOLUTION APPROVING THE LEGACY AT NORTH STAR 3RD ADDITION FINAL
PLAT AND 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 Final Plat
and Planned Unit Development Plan for 64 detached single family lots as the third phase of a
266 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 March 9, 2020
to consider the Final Plat and PUD Plans for the Third Addition; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat and PUD Plans for the Third Addition subject to conditions of
approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Third Addition Final Plat and PUD Plans as part of a
memorandum to the City Council from the Planning Director for the April 7, 2020 City Council
Meeting; and
WHEREAS, the City Council reviewed the Third Addition Final PUD Plan and Final
Plat application at its meeting held on April 7, 2020 and made the following findings:
1. That the applicant has met all the requirements of City Code Section 153.10 related to the Final
Plan and Final Plat.
2. That the proposed Final Plat and PUD Plans for Legacy at North Star 3rd Addition consist of the
creation of 64 single-family detached residential structures.
3. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans are generally consistent
with the Preliminary Plat and PUD Plans as approved by the City of Lake Elmo on February 20,
2018 by Resolution 2018-013.
2
4. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans are consistent with the
Lake Elmo Comprehensive Plan and the Future Land Use Map for this area with an allowed
increase in density as a Planned Unit Development and with the exception of the Village Open
Space Overlay District Greenbelt Corridor.
5. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans comply with general intent
of the City’s Village Low Density Residential zoning district regulations with PUD
Modifications.
6. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans comply with all other
applicable zoning requirements, including the City’s landscaping, storm water, sediment and
erosion control and other ordinances with the exception of issues identified in the April 7, 2020
Staff report to the City Council.
7. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans comply with the City’s
subdivision ordinance with PUD modifications.
8. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans are generally consistent
with the City’s engineering standards with the exception of necessary plan revisions outlined by
the City Engineer in his review comments to the City about the Legacy at North Star 3rd
Addition Final Plat and PUD Plans dated February 17, 2020.
9. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans meet the minimum
requirements for a PUD including minimum lot area, open space and street layout.
10. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans meet 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.
11. That the Legacy at North Star 3rd Addition Final Plat and PUD Plans meet the allowed density
requirements as allowed with PUD flexibility.
12. That the Applicant is providing the following amenities in the Legacy at North Star
development, for which the City shall award amenity points:
a. Pedestrian improvements including 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 from Lak Elmo Avenue to the trail within the Hamlet on Sunfish Lake
development (10 points).
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b. Theming elements from the Lake Elmo Theming Study (1 point).
c. Additional open space above 20% (2 points).
d. Connection of sewer to Hamlet on Sunfish Lake Development (5 points).
e. Provision of private park amenities including a clubhouse, tot lot, and pool (5
points).
13. 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. 65 ft.
Minimum Lot
Area
6,600 sq. ft. 6,840 sq. ft. 8,090 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% 45% 45%
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Legacy at North Star 3rd Addition Final Plat and PUD Plans subject to the following
conditions:
1. Final grading, drainage, and erosion control plans, sanitary and storm water management plans,
landscape plans, and street and utility construction plans shall be reviewed and approved by the
City Engineer and applicable Staff before the recording of the Final Plat. All changes and
modifications to the plans requested by the City Engineer in the memorandums addressing
Legacy at North Star Third Addition Final Plat and PUD Plans dated February 17, 2020 shall be
incorporated into these documents and the project plans before the City gives them final approval.
Such revisions shall include the required drainage and utility easements and temporary cul-de-
sacs, if necessary.
2. All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat before its execution by City Officials.
3. Final Plat approval is contingent upon the inclusion of temporary cul-de-sacs as may be
determined as necessary by the City Engineer. Any temporary cul-de-sac cannot encroach on a
lot proposed for platting.
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4. If applicable, the Final Plat be contingent upon the City receiving separate drainage and utility
easements in the City’s standard form of easement agreement for all off-site development
improvements (beyond the plat limits). All off-site easements must be clearly shown on the street,
grading and utility plans, with all dimensions labeled. The easements must be obtained before the
start of construction.
5. Before the execution of the Final Plat by City officials, the Developer shall enter into a
Development Agreement acceptable to the City Attorney and approved by the City Council that
delineates who is responsible for the design, construction, and payment of the required
improvements and shall include the payment of required park dedication fees for the Legacy at
North Star Third Addition Final Plat with financial guarantees therefore.
6. A Landscape License Agreement shall be prepared for the maintenance of commonly held
homeowners’ association-owned and City-owned outlots, right-of-ways, and medians before the
release of the final plat by City Officials.
7. That the developer provide a trail connecting to the trails of Hamlet on Sunfish Lake. The Applicant
shall not receive parkland dedication credit for the trail outlot or easement or construction of the
trial.
8. That the developer provide the City written verification from Washington County that sufficient
right-of-way has been provided on the plat along with a sufficient right-of-way easement along the
property to the south of the development before plat recording. Prior to construction, the plan
section detailing southbound right turn lanes and center left turn lanes at 39th Street must be
submitted and approved by the county traffic engineer, applicable Washington County right-of-
way permits must be obtained, drainage report and calculations must be submitted, and access
control shall be dedicated to Washington County along CSAH 17/Lake Elmo Avenue frontage.
The Applicant shall be solely responsible for all construction costs associated with the intersection
improvements as recommended by Washington County. (Complete)
9. If still needed, that the applicant provide a Roadway, Drainage and Utility Easement in City
standard form of roadway easement agreement, along Lake Elmo Avenue (CSAH 17) from the
southern boundary to Stillwater Boulevard North (CSAH 14), and consistent with the requirements
of the preliminary plat approval.
10. That the Landscape Plans for this phase of the development be approved by the City’s Landscape
Architect before recording of final plat.
11. That the applicant include in the Architectural Control guidelines for this phase of the development
the requirements that villa lots utilize 4-sided architecture and garages facing the public right-of-
ways to have windows and/or other architectural features.
12. That the applicant address all Fire Chief and Building Official comments in the final project plans.
13. That street names shall comply with City’s Street Naming Policy.
14. That the applicant pay the City the required parkland dedication fee applicable to this phase of the
development, which is equivalent to a land dedication of 0.645 acres, before the City releases the
final plat for recording.
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15. That the applicant notify all home builders about possible City outdoor watering restrictions and
that the home builders notify all home buyers that the City may impose limits on outdoor water use
including no watering of grass or sod, unless the applicant is notifies by the city that this notice is
no longer required. Said decision about whether or not this notice is no longer required shall be
made at the sole discretion of the City. The applicant shall have the city approve the notification
message before recording the final plat.
16. Except for along 41st Street north, at the required stub street (Kokanee Avenue North) and on Lots
3 and 4, Block 3, that the developer provide a 30 foot-wide open space buffer along to the northern
development line as well as a 50 foot-wide open space buffer along the western line of the
development. The City must approve the form of this buffer or easement before releasing the final
plat for recording. For Lots 3 and 4, Block 3, the developer shall provide the City a detailed site,
landscaping and/or berming plan for each lot that would be subject to City staff approval. This
plan is to maximize the size of the buffer and no disturb (no build area) on each lot and is to show
sufficient landscaping with trees and/or berming along the north property line of each lot to provide
screening. These plans for each lot shall be subject to City staff approval and the no-disturb buffer
area for each lot shall be included in the conservation easement or in another protective easement
for the development.
17. That the development utilize Traditionaire LED Downlights from Xcel Energy for the development
in lieu of the Street Light Type/Pole of Acorn with aluminum pole (all black) indicated in the City’s
Engineering Standards and that streetlights be located only at intersections and at the ends of cul-
de-sacs.
18. The developer record the approved final plat with Washington County within 180 days after City
Council approval. Failure to record the final plat within 180 days of approval will cause the
approval to become void.
Passed and duly adopted this 7th day of April, 2020 by the City Council of Lake Elmo,
Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION 2020 - 035
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT OVER OUTLOT B
OF LEGACY AT NORTH STAR 1ST ADDITION
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved a Preliminary Plat and for the Legacy at North
Star development in Lake Elmo on February 20, 2018 through adoption of Resolution 2018-013;
and
WHEREAS, the City Council approved the Legacy at North Star First Addition Final
Plat on August 21, 2018 through adoption of Resolution 2018-090, which includes PID#s 14-
029-21-12-0013, 14-029-21-12-004 and PID# 14-029-21-11-0039; and
WHEREAS, PID#s 14-029-21-12-0013, 14-029-21-12-004 and PID# 14-029-21-11-
0039 are owned by GWSA Land Development, LLC, Plymouth, MN 55441 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Drainage and Utility Easement over
portions of PID#s 14-029-21-12-0013, 14-029-21-12-004, 14-029-21-11-0037 and PID# 14-029-
21-11-0039 and these easements were recorded with the Legacy at North Star First Addition Plat
by the Office of the Registrar of Titles of Washington County on September 17, 2018; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Drainage and Utility Easements recorded with the Legacy at North Star
First Addition by the Office of the Registrar of Titles of Washington County, Minnesota over
PID# 14-029-21-11-0037, legally described as follows:
All of the drainage and utility easements, as created and dedicated over, under, and across
Outlot B, Legacy at North Star First Addition, according to the plat thereof, Washington
County, Minnesota.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined the signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing to consider the
vacation of the Drainage and Utility Easements on the March 9, 2020 before the Planning
Commission in the Lake Elmo City Hall located at 3800 Laverne Avenue North after due
published and posted notice had been given and all interested and affected persons were given an
opportunity to voice their concerns and be heard; and
WHEREAS, the City Council in its discretion has determined that the vacation of the
easements will benefit the public interest because:
1) The City has granted Final Plat Approval for Legacy at North Star 3rd Addition, which
includes PID# 14-029-21-11-0037; which will grant the City more appropriate easements
for similar purposes.
WHEREAS, the City Council, at its meeting on April 7, 2020, considered the easement
vacation request.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing Drainage and Utility Easements is hereby granted in accordance with
the property descriptions provided above, subject to the following condition of approval:
1) New easements as requested by the City Engineer and Public Works Director shall be
recorded with the Legacy at North Star 3rd Addition Final Plat.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 7th day of April, 2020.
Effective Date: ______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk