HomeMy WebLinkAbout2022-122CITY OF LAIC ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2022-122
RESOLUT'IONAPPROVING THE GWSA LAND DEVELOPMENT LLC PRELIMINARY
PLAT AND PRELIMINARY PUD PLANS FOR SCHILTGEN FARMSTEAD (PID
14.029.21.14.0001 AND 14.029.21.41.0003)
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, Craig Allen, representing GWSA Land Development, submitted application
to the City of Lake Elmo (City) for a Preliminary Plat and Preliminary PUD Plan for a 293-lot
single family residential development on 123.42 gross acres (109.88 net acres) on the east side of
Lake Elmo Avenue and on the north and south sides of Stillwater Boulevard, a copy of which is on
file in the City of Lake Elmo Planning Department; and
WHEREAS, notice was published, mailed and posted pursuant to the Lake Elmo Zoning
Ordinance, Section 105.12.250; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on August 8, 2022
and voted to table the item while the plans were updated to better comply with code requirements
for platting and the City's design standards; and
WHEREAS, the Lake Elmo Planning Commission reviewed updated plans on September
26, 2022 and voted to recommend denial of the Preliminary Plat and Preliminary PUD. The
Planning Commission found that due to the number of deviations from the V-LDR zoning district
the project does not generally comply with it, the intensity of the proposed development south of
Stillwater Boulevard is too high, and it is unknown what amenities the developer might include for
the residents of the development if the project moves forward; and
WHEREAS, the Lake Elmo City Council reviewed the Preliminary Plat and Preliminary
PUD as its meeting held on October 4, 2022 and voted to table action on the item due to concern
over the intensity of the proposed development south of Stillwater Boulevard and concern about a
lack of community amenities for residents in that part of the project. The City Council indicated
that the greatly reduced lot sizes and widths in the area south of Stillwater Boulevard was
inconsistent with the V-LDR zoning district.
WHEREAS, Mr. Allen requested an extension of time for the Council to act on the
Preliminary Plat and Preliminary PUD and on November 15, 2022 submitted a revised proposal to
develop 200 single-family residential lots on only the area of PIDs 14.029.21.14.0001 and
14.029.21.41.0003 north of Stillwater Boulevard. The area South of Stillwater Boulevard would
not be a part of this Preliminary Plat and Preliminary PUD.
WHEREAS, the Lake Elmo Planning Director submitted a report and recommendation on
the Preliminary Plat and Preliminary PUD as part of a memorandum to the City Council for the
December 20, 2022 City Council Meeting; and
WHEREAS, the City Council reviewed the Preliminary Plat and Preliminary PUD
application for the Schiltgen Farmstead project at its meeting held on December 20, 2022 and made
the following findings of fact:
Findings of Fact for Preliminary Plat/Preliminary PUD:
1. That the Preliminary PUD Plan would be consistent with the intent of the 2040 Lake Elmo
Comprehensive Plan and the 2040 Land Use Map for this area.
2. That the Preliminary PUD Plan complies with the general intent of the Village -Low Density
Residential zoning district with PUD modifications.
3. That the Preliminary PUD Plan generally complies with the Lake Elmo Design Guidelines
and Standards Manual.
4. That the Preliminary Plat generally complies with the City's Subdivision regulations.
5. That the Preliminary Plat generally complies with the City's design standards.
6. That the Preliminary Plat generally complies with the City's Zoning Code (including
Shoreland Zoning) with the exceptions provided for in the PUD.
7. That the Preliminary Plat and Preliminary PUD Plan must be revised to address the
continents noted in the City Engineer's memorandum dated December 12, 2022.
8. That the Preliminary Plat and Preliminary PUD Plan must be revised to address the
comments noted in the memo from Washington County dated December 5, 2022.
9. That the preliminary PUD Plan must be revised to be consistent with City's landscape plan
and tree replacement standards pursuant to the Landscape Architects memo dated December
7, 2022.
10. That the Preliminary Plat and Preliminary PUD Plan must be revised to address the
comments noted in the Fire Department memo dated November 30, 2022.
11. That the Preliminary PUD Plan meets the minimum requirements for a PUD.
12. That the preliminary PUD Plan meets items c, f, g and i from the identified PUD objectives
identified in Section 105.12.1130. Planned unit developments should not be allowed simply
for the purpose of increasing overall density or allowing development that otherwise could
not be approved.
a. Innovation in land development techniques that may be more suitable for a given
parcel than conventional approaches.
b. Promotion of integrated land uses, allowing for a mixture of residential, commercial,
and public facilities.
c. Provision of more adequate, usable, and suitably located open space, recreational
amenities, natural resource protection and other public facilities than would otherwise
be provided under conventional land development techniques.
d. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing.
e. Preservation and enhancement of important environmental features through careful
and sensitive placement of buildings and facilities.
f Preservation of historic buildings, structures or landscape features.
g. Coordination of architectural styles and building forms to achieve greater
compatibility within the development and surrounding land uses.
h. Creation of more efficient provision of public utilities and services, lessened demand
on transportation, and the promotion of energy resource conservation.
i. Allowing the development to operate in concert with a redevelopment plan in certain
areas of the City and to ensure the redevelopment goals and objectives will be
achieved.
j. Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
Conditions of approval for Preliminary Plat/ Preliminary PUD
1. That any application for Final Plat and Final PUD Plans include only that flexibility from
city codes approved with the Preliminary PUD.
2. Any Final Plat/Final PUD application shall indicate in detail how the requirements of
Section t 03.00.150 Park Land Dedication Requirements will be met. The required
dedication amount for the subject plat is 10% of the land area of the plat (9.87 acres). The
market value of the 9.87 acres is $499,688.00.
3. The City of Lake Elmo will take ownership of Outlot A along Sunfish Lake and will require
the developer to obtain the permitting for passive recreational features such as walking paths
to the satisfaction of the City.
4. The project shall provide regional stormwater management capacity for the future County
Roadway improvements along County State Aid Highway 14 and Lake Elmo Avenue.
5. The project shall account for the failed infiltration basins from the Legacy at North Star
subdivision to the satisfaction of the City Engineer. These include Pond 1 (Legacy 1'
Addition Infiltration Area A) and Pond 7 (Legacy 3'd Addition Infiltration Area 7).
6. As indicated in the City Engineer's memo of December 12, 2022, the capacity and area for
the required regional pond at the intersection of Stillwater Boulevard and Lake Elmo
Avenue must be provided with this project. This regional ponding is depicted in the City of
Lake Elmo Capital Improvement Plan (CIP) and would be in excess of what is required to
serve the project.
7. That the applicant shall revise and resubmit Preliminary Plat/ Preliminary PUD Plans to
address each staff review comment and condition of approval to the satisfaction of City staff
prior to the City accepting a Final Plat/ PUD application. All plans shall be compiled into
one cohesive electronic plan set of no more than 50 megabytes. A point -by -point response
letter must accompany the Preliminary Plat/ PUD plan resubmittal.
8. Prior to submitting to the City for Final Plat/Final PUD approval the applicant shall correct
the legal descriptions of the land included in the Preliminary Plat so as to only include land
on the north side of Stillwater Boulevard.
9. That prior to the City finding any application for final plat and PUD plan complete the
applicant shall demonstrate MNDNR approval of the PUD plans and tiering plan.
10. That, consistent with MNDNR requirements, prior to City approval of any application for
Final Plat and Final PUD plan the applicant shall provide for the preservation and
maintenance, in perpetuity, of the open space required by the Shoreland Overlay Zone. The
easement must prohibit:
i. Commercial uses;
ii. Vegetation and topographic alterations other than routine maintenance;
iii. Construction of additional buildings or storage of vehicles and other
materials; and
iv. Uncontrolled beaching of watercraft.
11. That prior to the City finding any application for Final Plat and PUD plan complete the
applicant shall resubmit the storm water management plan and it shall be found complete to
the satisfaction of the City Engineer.
12. That prior to the City finding any application for Final Plat and PUD plan complete the
applicant shall revise the landscape plan in accordance with the City Landscape Architect's
memo dated December 7, 2022 to the satisfaction of the City Landscape Architect.
13. That prior to the City finding any application for Final Plat and PUD plan complete the
applicant shall revise the Preliminary Plat and Preliminary PUD Plan to address the
comments noted in the memo from Washington County dated December 5, 2022.
14. That prior to the City finding any application for Final Plat and Final PUD plan complete the
applicant shall demonstrate compliance with the items listed in the November 30, 2022
memo from the Fire Department to the satisfaction of the Fire Chief.
10. That prior to the City finding any application for Final Plat and Final PUD plan complete the
applicant shall demonstrate that the plans reflect compliance with Valley Branch Watershed
(VBWD) preliminary review comments and that the applicant provide the City evidence that
all conditions attached to a VBWD permit will be met before the starting any grading activity
on the site.
11. That the applicant shall obtain all necessary permits including but not limited to all applicable
City permits (building, grading, sign, etc.), NPDES/SWPPP permits and Valley Branch
Watershed District approval before starting any grading or construction activities.
12. The applicant/developer is responsible, at their own expense, for installing all required right
of way improvements. Improvements in Lake Elmo Avenue and Stillwater Boulevard shall
be consistent with Washington County standards.
13. The Final Plat/Final PUD shall include all necessary and additional public right-of-way and
easements.
14. A storm water maintenance and easement agreement in a form acceptable to the City shall
be executed and recorded with the Final Plat
This shall be the PUD Ordinance for Schiltgen Farmstead and shall include the only deviations
from Shoreland and V-LDR Standards. The Shoreland standard is 125' lot width, 20,000 sqf
lot size and 30% impervious surface.
Existing V-LDR
Proposed Single Style Lots
Proposed Villa Style Lots
Zone
Number of Lots
72
128
General Location
Middle and eastern portion of
Westernportion of project
preject
Minimum Lot
Width
70 ft.
65 ft.
51 ft.
Minimum Lot
5,776
Area
(only 5 lots less than 6,000
9,000 sf
7,898
sf
Minimum Front
Yard Setback
25 ft.
25 ft.
25 ft.
minimum Side
10 ft.
Yard Setback
5ft for accessory
structure/attached
garage
15 for corner side
7 ft. (15 ft. between
7 ft. (15 ft. between
and
structures)
structures)
Maximum
Impervious Surface
35%
50%
50%
Basements
See "Basements Single Style
Lots"
Not allowed - slab only
Basements Single
of allowed — slab only. Lots 57 and 58
Style Lots
Lookout (LO) only. Lots 1-4, 7, 8, 13-16, 25-27, 34-43, 43-47, 50-56 and 60
Per Preliminary Street
Walkout (WO) only. Lots 5, 6, 9-12, 17-20, 28-33 and 61-73
Plan dated 11/14/22
ull Basement (FB). Lots 21-24, 48 and 49
15. If necessary, the applicant shall provide the City with a copy of written permission for any
off -site grading work and storm sewer discharges to adjacent properties before starting any
site work, grading and as part of any Final Plat or Final PUD application.
16. Before the installation or construction of any subdivision identification signs or
neighborhood markers within the development, the developer shall submit sign plans to the
City for review and obtain a sign permit from the City.
17. Before the execution and recording of a Final Plat for the development, the developer or
applicant shall enter into a Developer's Agreement or a Site Work Agreement with the City.
Such an Agreement must be approved by the City Attorney and by the City Council. The
Agreement shall delineate who is responsible for the design, construction and payment for
the required improvements with financial guarantees therefore. The Agreement shall outline
any approved phasing plan.
18. The applicant/developer shall enter into a separate grading agreement with the City before
starting any grading activity in advance of Final Plat/ Final PUD approval. The City
Engineer shall review any grading plan that is submitted in advance of a Final Plat or Final
PUD, and said plan shall document the extent of any proposed grading on the site.
19. That the applicant shall submit revised Preliminary Plat and project plans meeting all
conditions of approval for City review and approval. The revised applicant/developer
project plans and other materials shall meet all of the above conditions before the CiIY will
find complete any Final Plat or Final PUD application for the development and before the
start of any clearing or grading activity on the site. All plans shall be compiled into one
cohesive electronic plan set of no more than 50 megabytes. A point -by -point response letter
must accompany the Preliminary Plat/ PUD plan resubmittal.
Passed and duly adopted this 20'' day of December, 2022 by the Lake Elmo Minnesota City
Council.
I
harles Ca enhead, Mayor
ATTEST:
Julie ton, Ci y C k