HomeMy WebLinkAbout#12 - Union Park West Final PlatSTAFF REPORT
DATE: MAY 18, 2021
TO: City Council
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Union Park West Addition – Final Plat
REVIEWED BY: Jack Griffin, City Engineer
BACKGROUND: U.S. Homes Corporation, doing business as Lennar, is requesting City approval of a Final Plat to create lots for 102 townhomes located on 18.79 acres of land located south of 5th Street and west of Julia Avenue. This proposed final plat is the western and final phase of a 240 townhouse residential
development on +/32.40 acres known as Union Park. Staff is recommending approval of the request subject to meeting the conditions listed in this report.
On September 3, 2019, the City Council approved the final plat for Union Park. This approval created for 62 townhomes, street rights-of-way and storm water ponding areas within a 7.92 acre area
lying south of 5th Street and east of Julia Avenue. The approved First Addition final plat also included
the street right-of-way for 5th Street North, for Julia Avenue and created several outlots for future development for the area south of 5th Street North.
ISSUES BEFORE THE CITY COUNCIL:
The City Council is being asked to approve the proposed Final Plat for the Union Park West Addition.
GENERAL INFORMATION: Applicant: U.S. Home Corporation (Lennar), 16305 36th Avenue N. Suite 600, Plymouth, MN
55446
Property Owner: DPS – Lake Elmo, LLC (Alan Dale), 6007 Culligan Way, Minnetonka, MN 55345
Location: South Side of 5th Street North, west of Julia Avenue North
PID#s: 34-029-21-34-0011 (west property)
Request: Final Plat Approval
Site Area: 18.79 acres (total acreage for this phase)
Surrounding Area: North – Savona (Urban Low Density Residential) across 5th Street;
West –Multi-tenant strip mall and Lampert’s lumber yard (Commercial); East – Union Park First Addition townhomes (Urban Medium Density); South – Vacant land (Rural Development Transitional guided Mixed Use Commercial in 2040 Comprehensive Plan.)
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Comprehensive Plan (2040): MDR - Medium Density Residential (4-8 units per acre)
History: On November 6, 2018, the City Council reviewed and commented on the 239-unit sketch plan for the area south of 5th Street north (including this site).
On March 19, 2019, the City Council approved the proposed preliminary plat and zoning map change (to MDR) for Bentley Village by Resolution 2019 – 020. This approval was for up to 240 townhouses on 41.6 acres lying south of 5th Street North.
Action Deadline: Application Submittal – 02/26/2021 60 Day Deadline – 04/25/2021 Extension Letter Mailed – Yes 120 Day Deadline – 06/24/2021
Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (MDR) §150.270 Storm Water, Erosion, and Sediment Control
PROPOSAL DETAILS/ANALYSIS: Changes since Preliminary Plat since City Council approval. The most significant change to the project plans and the proposed final plat for this phase of the Union Park development is number of proposed lots. The phasing plan and approved preliminary plat for this part of Union Park showed 107 lots. Lennar is proposing 102 units in this development – a reduction of five units on the 18.79 acre site. As shown, the final plat for Union Park West also includes the street right-of-way for 5th Street North. Overall, the proposed final plat (with the proposed streets and outlots) is consistent with the approved preliminary plat.
Lot Sizes and Widths. The proposed lot layout and sizes for the townhouses are consistent with the approved preliminary plat.
Landscape and Tree Preservation Plans. The City’s Landscape Architect reviewed the landscape plans and tree for this phase of the development. I have attached his report. He found that the most recent
landscape plans as submitted to the City for this development are consistent with the preliminary approval and all City requirements. As such, he is recommending approval of those plans.
Streets. All the local streets in this development will have a 53 foot right-of-way and are 28 feet wide – consistent with the standards the City approved with the preliminary plat. The developer is showing no parking on one side of the neighborhood streets – primarily along the side of the street with the driveways for the townhouses. The proposed street names are consistent with the street names as approved by the City with the preliminary plat.
Outlots. The proposed final plat has several outlots. Outlots A, B, C and D will be owned and maintained by the HOA and are consistent with the preliminary plat. The plans indicate that Outlot D will be owned by the HOA but it also will be for a storm water pond.
Park Dedication. The proposed development is within a Neighborhood Park search area of the Comprehensive Plan. Savona Park meets the needs of this search area, as it is located just over 500 feet from the northern edge of the proposed development. The developer is proposing and Staff recommends that the developer pay the City fees in lieu of land in order to satisfy the park dedication requirements. As
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per the City’s Subdivision Regulations, the required cash equivalent payment shall be an amount equal to the fair market value of the percentage land dedication for the zoning district in which the subdivided
property is located (the MDR zoning district requires 10% of the total acreage being developed), and the amount is to be determined by reference to current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser. In summary, the developer will be required to pay the City 10% of
the value of land as park dedication.
Subdivision Signs. Section 154.212(G) (1) (c) of the Zoning Code allows each residential subdivision to have one subdivision identification sign per entrance. The maximum size for subdivision identification
sign is 32 square feet in area for the main entrance and a maximum sign area of 24 square feet per sign for all other locations.
The developer has not yet submitted a proposal for an entrance monument or subdivision identification sign for this site. Any signs would require a permit from the City.
Fire Chief Comments. Planning staff provided the Fire Chief Kalis copies of the proposed Union Park West Addition final plat. He offered the following comments: Fire Chief Kalis:
1. All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning radiuses.
2. Townhomes shall be in compliance with the Minnesota State Building and residential codes
regarding fire sprinklers.
3. Fire hydrants shall be provided in approved locations following review by Engineering and Public Works staff.
4. Building address numbers shall be plainly visible from the street fronting the property and shall have a contrasting color from the background.
City Engineer Comments. The City Engineer memo dated March 31, 2021 is attached to this report. He had several comments about the ownership and platting of the various outlots and the easements the City
should require from the developer as this project moves forward. Other Concerns. Watering Ban. Due to shortage of water, the City may need to implement severe watering restrictions in the City for this year and into the future. This could include limiting or prohibiting the use water outside including for vehicle 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. It may be wise for the City to put a condition on this phase of the plat to require the home builders to inform the buyers about the possible watering restrictions. Off-Site Easements. Condition 23 of the preliminary plat approve states: “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 application.” For Union Park, there are two areas from the development that discharge storm water to adjoining properties – to the south and to the east. The property to the south is currently owned by the same property owner that sold this development site to Lennar so grading along the southern edge of the site and discharging storm water to the south is not a major concern of City staff.
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It is consistent with City ordinances and practices to require developers to obtain written permission or easements from neighboring properties for storm water impacts to those adjoining
properties. The developer has not agreed to get an easement for their storm water discharge stating that an easement is not necessary since there already is storm water going onto that property. The City Attorney provided staff with an opinion that in this case the developer does
not need to obtain and easement from the neighboring landowner. However, the City will want to ensure the City is not liable or responsible for any damages caused by the change in the storm water flow if this plan moves forward. The best way to ensure this is to require the developer to
get an easement before the City releases the final plat for recording or before issuing a grading permit for the project. If the City does not require Lennar to get an off-site easement, then the City should require Lennar to indemnify the City from any liability in this case.
Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City’s approval of the Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. There are no public hearing requirements for a final plat.
In order to provide the City Council with an update concerning the conditions associated with the
preliminary plat for Union Park (formerly known as Bentley Village), Staff has prepared the following:
Preliminary Plat Conditions of Approval for Bentley Village as designated by Council Resolution 2019-020 - with Staff Update Comments (updated information in bold):
1. That the City approves a Zoning Map Amendment to rezone the site from RT (Rural Development Transitional) to MDR (Medium Density Residential). (DONE)
2. That the preliminary plat includes parcels with the PID#s 34-029-21-34-0006 and 34-029-21-43-0003. 3. That all comments and conditions of approval in the City Engineer’s Memorandum dated February 17, 2019 be addressed and included with the revised project plans for City approval. (The City Engineer reviewed the latest project plans and has provided the City comments dated March 31, 2021.) 4. That revised preliminary plat plans include an overall tree planting and landscape plans for each phase of the development. Landscaping must not conflict with utilities and with pond maintenance access. Boulevard trees are not allowed in the 10-foot-wide drainage and utility easements along the public streets. All landscaping and tree plans shall incorporate the comments and conditions in the Landscape Architect’s memos dated February 15, 2019 and March 6, 2019
and shall be approved by the City’s Landscape Architect. (The City’s Landscape Architect has reviewed the latest project tree and landscape plans and is recommending their approval). 5. That the developer shall incorporate each phase of Bentley Village into the Common Interest
Agreement concerning management of the common areas and establish a homeowner’s association that shall be submitted in final form to the Planning Director before the City will issue a building permit for any structure in any phase of the development. Said agreement shall comply
with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall include required maintenance of all private amenities including open space and trails. (Still pending). 6. The applicant shall enter into a landscape license and maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed for each platted phase
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of the development. (Still pending – City staff will work with the applicant to prepare the necessary agreement). 7. That the HOA be responsible for the ownership and maintenance of all landscape (retaining) walls within the development. 8. That the developer shall install an HOA owned and maintained children’s play structure or other
similar improvement on Outlot H as shown on the preliminary plat submittal. (The developer will be installing a children’s play structure in Outlot C.) 9. That the developer provide the City fees in lieu of park land dedication as required by 153.15 of
the City Code with each final plat. (Done – fee is noted in the Development Agreement) 10. That the revised preliminary plat plans include a parking area for the HOA pool/recreation area (if the developer constructs the pool) that meets all applicable standards. (Not applicable to this phase of the development). 11. That the HOA documents include architectural requirements that require 4-sided architecture on all buildings and garage doors shall not have flat panels. The City encourages the builder to include windows and/or other architectural features in all exterior doors and garage doors. City staff shall approve all building exterior designs including colors and materials before the City issues building permits for the town houses. (Still pending – needs City approval). 12. That the developer submit a sidewalk and trail phasing plan to be approved by City Staff and that the developer/contractor construct the public sidewalks and trails within each phase before the
City issues building permits for that phase of development. 13. That the developer install a six-foot-wide concrete public sidewalk on one side of every street in the development. (These are shown on the construction plans). 14. That the Applicant place storm water ponds within outlots including the 100-year high water flood level and all maintenance access. All outlots are to be owned and maintained by the HOA with drainage and utility easements placed over all of each Outlot. (These are shown on the
proposed final plat). 15. All storm water facilities shall be publicly owned and maintained. A storm water maintenance and easement agreement in a form acceptable to the City shall be executed and recorded with the final plat. (Still pending – City staff will work with the developer to prepare the necessary agreements. These will cover all the outlots within the development site). 16. That if the applicant/developer wants to reuse storm water for private irrigation within the development that the project engineer submit details to the City about the proposed storm water reuse system and ongoing operations that will be subject to approval by the City. The applicant must clearly define the proposed ownership, maintenance and ongoing operational responsibilities for the proposed system and City acceptance of storm water reuse will be contingent upon the City agreeing to the ongoing ownership, maintenance and operation plan,
including the execution of a storm water maintenance agreement that addresses storm water reuse. In addition, all storm water system plans and specifications shall be subject to approval by the City Engineer and must address recommended reuse water quality, storm water pond pump
intake design, pond draw down guidelines, filtration recommendations, backflow prevention design, and potable water back-up supply design. (Still pending – the developer has proposed reuse in the approved storm water management plan so the City will need to approve the design details for the reuse systems. Should the developer choose not to implement storm water reuse, a revised storm water management plan and revised VBWD permit will be required.). 17. The Preliminary Plat approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in these conditions. 18. The revised preliminary plat and Final Plat(s) shall include all necessary public right-of-way and easements for 5th Street North and for Road G. (Done).
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19. The revised preliminary plat plans shall include a storm water management plan including a summary report describing the overall management plan and performance criteria for all required
storm events. (In process – plan will need final City approval). 20. 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. 21. That the preliminary plat plans be approved by Valley Branch Watershed District and that the applicant provide the City evidence that all conditions attached to a Valley Branch Watershed
District permit will be met before the starting any grading activity on the site. (This phase of the development requires a permit from the South Washington Watershed District). 22. The applicant must provide the City a letter of approval from the owner of the gas main to perform the proposed work in the gas pipeline easement as a condition of preliminary plat approval and before the contractor starts any site work or site grading. (Will need this agreement for this Phase of the development). 23. 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 application. (Still pending – see discussion on staff report). 24. That the applicant or developer address all the comments of the Fire Chief and the Building Official with final site and building plans including the placement of buildings and fire hydrants,
street and driveway design, on-street parking and emergency vehicle access within the site. (Done). 25. That the applicant revise the project plans to show storm sewer easements and effective
maintenance areas with a minimum width of 30 feet with a minimum of 15 feet of clearance from the pipe centerline. This includes locations where underground pipes run between buildings. (Done – subject to the City Engineer’s review of the final project plans). 26. That there shall be no encroachments into drainage and utility easements and corridors other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement. Prohibited encroachments include, but are not limited to trees, landscaping, retaining walls, buildings and storm water retention. 27. That the developer prepare exhibits for City staff approval that clearly identifies the property lines, easements, proposed building locations and the required and proposed setbacks for each of the lots and each building site within the development. (Done). 28. That all garage doors be setback at least 25 feet from the street right-of-way to provide off street parking on the driveway to allow vehicle parking without blocking a public sidewalk. (Done). 29. That the applicant update the preliminary plat plans to include street names that are consistent with the City’s street naming policy with the names listed herein. All street names shall be
approved by the City Council. (The proposed street names are consistent with the street names the City approved with the preliminary plat). 30. The Applicant(s) or developers shall submit a photometric plan for the development for staff
review and approval. All lighting must meet the requirements of Sections 150.035-150.038 of the City Code. (Still pending – City staff will need to approve this plan before the City issues building permits). 31. Before to 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. 32. That the applicant provide the City a detailed construction and staging plan with the construction plans and final plat for each phase of the development. These plans are to clearly indicate the phasing of the site grading, the phasing of the construction of each public infrastructure component (including required turn lanes, trails and sidewalks) and shall address access to that phase of the development for construction purposes and for residents. The City may require
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temporary cul-de-sacs at the end of streets with the first and third phases of the development. (The phasing plans are complete and the City is requiring the developer provide the City with temporary easements for any temporary cul-de-sacs). 33. Before the execution and recording of a final plat for any phase of the development, the developer or applicant shall enter into a Developer’s Agreement with the City for that phase or project. The Developer’s Agreement must be approved by the City Attorney and by the City Council. Each such Developer’s Agreement shall delineate who is responsible for the design, construction and payment for the required improvements with financial guarantees therefore. (Pending – City
staff as prepared a draft development agreement for City Council consideration). 34. The applicant or developer shall enter into a separate grading agreement with the City before starting any grading activity in advance of final plat approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. (Pending – City staff will work with the developer to prepare the necessary agreement). 35. That the applicant submit revised preliminary plat and project plans meeting all conditions of approval for City review and approval. The revised applicant/developer project plans shall meet all of the above conditions before the City will accept a final plat application for any phase of the development and before the start of any clearing or grading activity on the site. (The City Engineer has approved the proposed final plat and the proposed construction plans).
Recommended Findings. Staff recommends approval of the Union Park West Addition Final Plat based on the following findings:
1. That all the requirements of City Code Section 153.10 related to the Final Plat have been met by the Applicant.
2. That the proposed Final Plat for the Union Park West Addition will create 102 lots for townhouses (Attached) residential units. 3. That the Union Park West Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on March 19, 2019 by Resolution 2019-020. 4. That the Union Park West Addition Final Plat and Plans are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5. That the Union Park West Addition Final Plat and Plans comply with general intent of the City’s
Medium Density Residential zoning district regulations. 6. That the Union Park West Addition Final Plat and 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 6, 2021 Staff report to the City Council.
7. That the Union Park West Addition Final Plat and Plans comply with the City’s subdivision ordinance. 8. That Union Park West Addition Final Plat and 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 Union Park West Addition Final Plat and Plans dated March 31, 2021.
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9. That the Union Park West Addition final plat will create 102 lots for townhouses, will include the
dedication public street right-of-way for 5th Street North as well as four outlots – Outlots A, B, C and D.
Recommended Conditions of Approval. The City Engineer’s review memo dated March 31, 2021
identified several issues the developer needs to address in order for the City to deem the final plans complete. Staff is recommending that City Officials not sign the final plat mylars until the City’s construction plan review is finalized and all necessary easements are documented on the final plat and if
necessary, obtained for any off-site impacts.
Based on the above Staff report and analysis, Staff is recommending approval of the final plat with several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat.
Staff is recommend approval of the requested Union Park West Addition Final Plat 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 Union Park West Final Plat and Plans dated March 31, 2021 shall be incorporated into these documents
before they are approved. 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 must 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 grading or construction. 4. 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 Union Park First Addition Final Plat with financial guarantees therefore.
5. A Landscape License Agreement shall be executed 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.
6. That the Landscape Plans for this phase of the development be approved by the City’s Landscape Architect before recording of final plat.
7. That the applicant include in the Architectural Control guidelines 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.
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8. That the applicant address all Fire Chief and Building Official comments in their final development and building plans.
9. That the applicant pay the City the required parkland dedication fee applicable to this phase of the development (based on 10 percent of the purchase price of the land) before the City releases the
final plat for recording. 10. That the applicant notify all home builders and home buyers about possible City outdoor watering
restrictions and that the developer notify all home buyers that the City may impose limits on outdoor water use including no vehicle washing and no watering of grass, sod or landscaping. 11. That applicant obtain any necessary approvals or easements from adjoin property owners for any private off-site work or impacts the development may have, including, but not limited to, storm water drainage and utility work. 12. That the applicant record the Final Plat with Washington County within 180 days of City Council approval (as required by the City Code).
RECOMMENDATION: Staff recommends approval of the Union Park West Addition Final Plat with the recommended findings and conditions of approval as listed in the staff report and in the attached resolution:
“Move to approve the Union Park West Addition Final Plat with recommended findings and conditions of approval as listed in the staff report.”
ATTACHMENTS: 1. Application Narrative dated February 26, 2021 2. Location Map 3. Property Line Map 4. Overall Phasing Plan 5. Proposed Final Plat (3 pages) 6. City Engineer Report dated March 31, 2021 7. Landscape Architect’s report dated March 16, 2021
8. Final Plat Approval Resolution
UNION PARK WESTSHEET 1 OF 3 SHEETSKNOW ALL BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, owner of the following described property situated in the County of Washington, State of Minnesota to wit:OUTLOT A, DPS LAKE ELMO, according to the recorded plat thereof, Washington County, Minnesota.Has caused the same to be surveyed and platted as UNION PARK WEST and does hereby donate and dedicate to the public for public use the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said U.S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this ____ day of ____________________, 20____.Signed: U.S. Home CorporationBy: ________________________________________________________Jonathan A. Aune, Vice President - Minnesota Land DivisionSTATE OF _____________________COUNTY OF ___________________This instrument was acknowledged before me on this ____ day of ____________________, 20____, by Jonathan A. Aune, Vice President - Minnesota Land Division, U.S. Home Corporation, a Delawarecorporation, on behalf of the corporation.________________________________________ Signature________________________________________ PrintedNotary Public, ________________________________________County, ___________________________My Commission Expires ___________________I Peter Goers, Licensed Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on the plat; and prepared this plat or directly supervised thepreparation of this plat; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels arecorrectly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set as shown; that all water boundaries and wet lands, as defined in Minnesota Statutes,Section 505.01, Subd. 3, as of the date of this surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ____ day of ____________________, 20____________________________________________________________Peter Goers, Licensed Land SurveyorMinnesota License No. 44110STATE OF MINNESOTACOUNTY OF ___________________This instrument was acknowledged before me on this ____ day of ____________________, 20____, by Peter Goers, Licensed Land Surveyor, Minnesota License No. 44110.________________________________________Signature________________________________________PrintedNotary Public, _______________________ County, MinnesotaMy Commission Expires __________________CITY OF LAKE ELMO, MINNESOTAThis plat was approved by the City Council of Lake Elmo, Minnesota this ____ day of _____________________, 20____, and hereby certifies compliance with all requirements as set forth in MinnesotaStatutes, Section 505.03, Subdivision 2.Signed: ________________________________________ Attest: ________________________________________ Mayor City ClerkCOUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ____ day of_____________________, 20____.By: ________________________________________ By: ________________________________________ Washington County SurveyorCOUNTY AUDITOR/TREASURER APPROVALPursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year 20____, on real estate hereinbefore described, have been paid; there are no delinquent taxes,the current taxes and transfer has been entered, on this ____ day of __________________, 20____.By: ________________________________________ By: ________________________________________ Washington County Auditor/Treasurer DeputyCOUNTY RECORDERDocument Number _______________I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this ________ day of ____________________, 20____ at ______ o'clock ___.M. and was duly recordedin Washington County Records.By: ________________________________________ By: ________________________________________ Washington County Recorder Deputy
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N10°46'02"E 72.00S79°13'58"E 110.00N10°46'02"E 72.00 S79°13'58"E 110.00N10°46'02"E 72.00
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78.00N65°17
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R=500.00L=89.42Δ=10°14'50"L=67.04Δ=7°40'55"L=22.38=2°33'55"35.0040.00 125.07349.87S16°08'55"E 805.8910.00239.4517.24UNION PARK WESTSHEET 2 OF 3 SHEETS
4144OUTLOT A
31N53°46'20"W25.20166OUTLOT B
171144OUTLOT B
151111OUTLOT B12610OUTLOT BS89°53'54"W 20.0011S00°02'55"W
20.00
OUTLOT B121314
UNION PARK WESTSHEET 3 OF 3 SHEETSDETAIL ADETAIL BDETAIL CDETAIL DDETAIL EDETAIL F
PAGE 1 of 2
MEMORANDUM
Date: March 31, 2021
To: Ken Roberts, Planning Director Re: Union Park West 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 Union Park West Addition. Final Plat/Final Construction Plans
were received on March 5, 2021. The submittal consisted of the following documentation:
Union Park West Addition Final Plat, Sheets 1‐3, received March 5, 2021.
Union Park West Addition Construction Plans, Sheets 1‐24, dated February 26, 2021.
Union Park West Addition Landscape Plan, Sheets 25‐26, dated February 26, 2021.
Union Park West Stormwater Management Plan, dated March 5, 2021.
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: UNION PARK WEST ADDITION
Outlots A, B, C and D will be HOA owned and maintained with drainage and utility easements over all of
each Outlot. This is consistent with the preliminary plan approval.
Additional drainage and utility easements have been shown on the plat over Lot 4, Block 3; Lot 1, Block 4;
Lot 4, Block 10; Lot 1, Block 11; Lot 6, Block 11; Lot 1, Block 12; Lot 4, Block 14; Lot 1, Block 15; Lot 6, Block
16; and Lot 1, Block 17. Final Plat approval should be contingent upon plat and plan revisions necessary to
restore the maximum allowed lot easements as approved with preliminary plat. The development layout
went through several preliminary plat iterations and the maximum allowable lot easements were
determined for public utility infrastructure (storm sewer and watermain piping) as part of the preliminary
plat approval. The proposed final plat is now increasing the utility encroachments in most circumstances.
More specifically the following revisions are required:
Detail A: Easements as proposed are acceptable.
Detail B: Reduce easements on Lot 1, Block 17 and Lot 6, Block 16 back to the maximum lengths and
areas approved as part of the preliminary plat.
Detail C: Remove 5 ft. easements from Lot 1, Block 15 and Lot 4, Block 14 and provide 30 ft. pipe
corridor for proposed storm sewer pipe, as approved with preliminary plat.
Detail E: Reduce easements on Lot 1, Block 12 back to the maximum lengths and area approved as part
of the preliminary plat.
Detail F: Reduce 5 ft. easements back to 2 ft. easements as approved with preliminary plat.
Final Plat should be contingent upon a minimum 25 ft. setback from the front of garage to sidewalk, as
approved in the preliminary plat. This detail should be added to the construction plans.
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
Final Plat must be contingent upon a revised Storm Water Management Plan meeting both City and SWWD
rules and design standards. The SWMP executive summary must be revised to include all pertinent pre and
post conditions with exhibits necessary to demonstrate compliance.
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.
No pipe oversize costs are anticipated for this development.
Final Construction Plans and Specifications must be prepared in accordance with the latest version of the
City Engineering Design Standards Manual, 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 March 31, 2021.
The Final Plat shall not be recorded until final construction plan approval is granted.
No construction for Union Park West 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.
Memo
To: Ken Roberts, City of Lake Elmo
Planning Director
From: Lucius Jonett, Wenck Landscape Architect
Jenna Niday, Wenck Landscape Designer
File: City of Lake Elmo Landscape Plan Review
Union Village West, Review #2
Date: March 16, 2021
Submittals
▪ Landscape Plans, dated 2-26-2021, received 2-27-2021.
Location: Northwest quadrant of the intersection of Keats Ave. N and Interstate Hwy 94, Lake Elmo, MN.
South of the Savona Development.
Land Use Category: Urban Medium Density Residential
Surrounding Land Use Concerns:
The property to the north (Savona Development) is Urban Low Density Residential and is less intensive land
use that the proposed Urban Medium Density Residential. Screening is required on the north boundary.
The properties to the west (Lampert’s lumber yard) , east and south are, or are guided, to be Commercial or
Mixed-Use Commercial zones which are more intensive land use than this proposed Urban Medium Density
Residential. Screening is not required on the west, east or south boundaries.
Special landscape provisions in addition to the zoning code: This proposed development will be required
to provide screening along all borders North, South, West and East consisting of either a masonry wall or
fence in combination with landscape material that forms a screen at least six feet in height and not less than
90% opaque on a year-round basis.
March 16, 2021
Ken Roberts
Planning Director
City of Lake Elmo
Page 2 of 4
Tree Preservation:
A. A tree preservation plan has been submitted that does meet all requirements.
Entire Site
Total Caliper Inches of Significant Trees On-Site: 905 Cal Inches
Common Trees 270
Conifer/Evergreen Trees 0
Hardwood Trees 635
Significant Inches Removed On-Site 724 Cal Inches
Common Trees 236
Conifer/Evergreen Trees 0
Hardwood Trees 488
30% Tree Removal Limits (Cal. Inches) Allowed Proposed
Subtract Common Tree Removals 81 236
Subtract Conifer/Evergreen Tree Removals 0 0
Subtract Hardwood Tree Removals 190.5 488
Removals in excess of 30% allowances
Removals in excess of 30% allowances 452.5 Cal Inches
Common Removals in Excess of 30% Allowance 155.0
Conifer Removals in Excess of 30% Allowance 0.0
Hardwood Removals in Excess of 30% Allowance 297.5
Common Tree Replacement Needed (1/4 the dia inches removed) 38.8 Cal Inches
Conifer Tree Replacement Needed (1/2 the dia inches removed) 0.0 Cal Inches
Hardwood Tree Replacement Needed (1/2 the dia inches removed) 148.8 Cal Inches
Common Tree Replacement Required @ 2.5" per Tree 16 # Trees
Conifer Tree Replacement Required @ 3" per 6' Tall Tree 0 # Trees
Hardwood Tree Replacement Required @ 2.5" per Tree 60 # Trees
A. There is a significant tree on the property. Tree ID #2742 – 44” DBH Oak. The tree is not marked for
removal.
B. Tree replacement is required because more 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, therefore mitigation replacement trees shall be in addition to
landscape required tree counts.
March 16, 2021
Ken Roberts
Planning Director
City of Lake Elmo
Page 3 of 4
Landscape Requirements:
The landscape plans meet the code required number of trees.
Preliminary Plan 1st Phase 2nd Phase 3rd Phse
(Code Required) Proposed Proposed Proposed Proposed
Street frontage 5908 Lineal Feet
Lake Shore 0 Lineal Feet
Stream Frontage 0 Lineal Feet
Total Linear Feet 5908 Lineal Feet
/50 Feet = Required Frontage Trees 119 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 41.6 Acres
*5 = Required Development Trees 208 Trees
Required Mitigation Trees 76
Required Number of Trees (*) 403
Total Trees to Date 403 124 80 210
* Residential development - mitigation replacement trees are in addition to landscape required tree counts.
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:
Master Plan Qty %
Composition Deciduous Shade Trees 173 43% >25% required
Coniferous Trees 171 42% >25% required
Ornamental Trees 59 15% <15% required
Tree Count 403
Phase 1 Qty %
Composition
Deciduous Shade Trees 57 46% >25% required
Coniferous Trees 51 41% >25% required
Ornamental Trees 16 13% <15% required
Tree Count 124
Phase 2 Qty %
Composition
Deciduous Shade Trees 44 55% >25% required
Coniferous Trees 15 19% >25% required
Ornamental Trees 21 26% <15% required
Tree Count 80
March 16, 2021
Ken Roberts
Planning Director
City of Lake Elmo
Page 4 of 4
Phase 3 Qty %
Composition
Deciduous Shade Trees 72 34% >25% required
Coniferous Trees 111 53% >25% required
Ornamental Trees 27 13% <15% required
Tree Count 210
The landscape plans do include the required mitigation tree types and quantities:
Required Preliminary Plat 1st Phase 2nd Phase 3rd Phase
Common Trees 16 111 27 29 47
Conifers 0 171 51 15 111
Hardwood Trees 60 62 30 15 25
A. A landscape plan has been submitted that does meet all requirements.
B. The landscape plan does meet City landscape layout requirements.
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 – The landscape plan does meet screening requirements.
Special Landscape Considerations:
A. 5th Street – The development is along 5th Street, which has been previously constructed by other
developments. No additional landscape requirements are required of this applicant.
Findings:
1. All trees mentioned in the previous memo to be moved have been relocated.
Recommendation:
It is recommended that the Union Park West landscape plans be approved pending no site design revisions.
Stantec Consulting Services Inc.
Lucius Jonett, PLA (MN)
Wenck Associates, Inc.
City of Lake Elmo Municipal Landscape Architect
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2021-058
A RESOLUTION APPROVING A FINAL PLAT FOR THE UNION PARK WEST
ADDITION LOCATED SOUTH OF 5TH STREET NORTH, WEST OF JULIA AVENUE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U. S. Homes Corporation, doing business as Lennar, Plymouth, MN 55446 (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat to
subdivide the property located lying south of 5th Street North and west of Julia Avenue North into 102 lots and four outlots along with the dedication of the public street right-of-way for 5th Street North in accordance with Union Park West Addition Final Plat prepared by Alliant Engineering, Inc., a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the proposed Final Plat request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Planning Director has submitted his report and recommendation about the proposed Final Plat as part of a memorandum to the City Council for
the May 18, 2021 City Council Meeting; and WHEREAS, the Lake Elmo City Council reviewed the Applicant’s Final Plat request at a meeting held on May 18, 2021. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1. That all the requirements of City Code Section 153.10 related to the Final Plat have been met by the Applicant. 2. That the proposed Final Plat for the Union Park West Addition will create 102 lots for townhouses (Attached) residential units. 3. That the Union Park West Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on March 19, 2019 by Resolution 2019-020. 4. That the Union Park West Addition Final Plat and Plans are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
5. That the Union Park West Addition Final Plat and Plans comply with general intent of the City’s
Medium Density Residential zoning district regulations. 6. That the Union Park West Addition Final Plat and 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 6, 2021 Staff report to the City Council.
7. That the Union Park West Addition Final Plat and Plans comply with the City’s subdivision ordinance. 8. That Union Park West Addition Final Plat and 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 Union Park West Addition Final Plat and Plans dated March 31, 2021. 9. That the Union Park West Addition final plat will create 102 lots for townhouses, will include the dedication public street right-of-way for 5th Street North as well as four outlots – Outlots A, B, C
and D.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited and
information received, the City Council of the City of Lake Elmo hereby approves the Final Plat request for the Union Park West Addition, provided the applicant/developer meet 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 Union Park West Final Plat and Plans dated March 31, 2021 shall be incorporated into these documents before they are approved. 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 must 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 grading or
construction. 4. 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 Union Park First Addition Final Plat with financial guarantees therefore.
5. A Landscape License Agreement shall be executed 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.
6. That the Landscape Plans for this phase of the development be approved by the City’s Landscape Architect before recording of final plat.
7. That the applicant include in the Architectural Control guidelines 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. 8. That the applicant address all Fire Chief and Building Official comments in their final development and building plans. 9. That the applicant pay the City the required parkland dedication fee applicable to this phase of the development (based on 10 percent of the purchase price of the land) before the City releases the final plat for recording.
10. That the applicant notify all home builders and home buyers about possible City outdoor watering restrictions and that the developer notify all home buyers that the City may impose limits on outdoor water use including no vehicle washing and no watering of grass, sod or landscaping.
11. That applicant obtain any necessary approvals or easements from adjoin property owners for any private off-site work or impacts the development may have, including, but not limited to, storm
water drainage and utility work. 12. That the applicant record the Final Plat with Washington County within 180 days of City Council
approval (as required by the City Code).
Passed and duly adopted this 18th day of May 2021 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Charles Cadenhead, Mayor ATTEST:
________________________________ Julie Johnson, City Clerk