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Home My WebLink About#04 - Highpointe Crossing Prelminary Plat & PUDSTAFF REPORT DATE: 9/17/24 CONSENT TO: Lake Elmo City Council FROM: Nathan Fuerst, AICP, Consulting Planner AGENDA ITEM: Highpointe Crossing | Resolutions and OP PUD Ordinance REVIEWED BY: Jason Stopa, Community Development Director BACKGROUND: Rachel Development is requesting Preliminary Plat and Open Space Planned Unit Development (OP-PUD) approval for a 65-unit development on approximately 78 acres of land. The project is to be called Highpointe Crossing and is located west of Inwood Avenue North between the existing Torre Pines and Lake Elmo Heights subdivisions. The developer is requesting flexibility from the Rural Residential zoning regulations to allow for an Open Space development. The City’s Planning Commission reviewed and discussed this item at its regular meeting on July 22, 2024. After consideration of the reports of Staff, the Applicant, and the public hearing, the Planning Commission voted 4-1 to recommend denial of the project. At its meeting on August 20, the City Council reviewed the recommendation of the Planning Commission, heard from City Staff, the Applicant and their Consultants, and member of the Public. The City Council ultimately voted 4-0 to approve the development with the findings and conditions proposed by staff, with the exception of allowing mowed grass trails to be installed as proposed by the Developer. Staff were directed to bring resolutions and an Ordinance formalizing the approval to a follow-up meeting. ISSUE BEFORE THE COUNCIL: Should the City Council approve the Resolutions and OP PUD Ordinance for Highpointe Crossing? GENERAL INFORMATION: Applicant: Rachel Development, 4180 Napier Court, NE, St. Michael, MN 55376 Property Owner: Allan Eberhard, Caroline M. Eberhard Trust, 1320 Ryan Ave. W. Roseville, MN 55113 Location: 2298 Inwood Avenue N, Lake Elmo (PID#: 2102921320001) City Council Meeting August 20, 2024 Page 2 Request: Preliminary Plat/ Open Space Planned Unit Development (OP PUD) Deadline: Application Complete – 6/7/2024 120 Day Deadline – 10/5/24 PROPOSAL DETAILS/ANALYSIS: Prior Review. A review of the proposed project against City standards and summary of Planning Commission review and the July 22 public hearing can be found in the August 20, 2024 staff report. That report can be accessed via the City’s website or through the following link - available here. Met Council Review. Staff confirmed on September 4, 2024 with the Metropolitan Council that no Met Council review or approval is required for this project. The project was reviewed and approved under the City’s current ordinance and found to be consistent with the goals, and allowable density range, adopted by the City in its 2040 Comprehensive Plan. FISCAL IMPACT: Approval of a Preliminary Plat and Preliminary OP PUD grants entitlements to a developer. Therefore, there would be no fiscal impact to the City at this time. When the property begins to develop, it will have municipal water service and will pay water connection charges, building permit fees, and the like. RECOMMENDATION If removed from the consent agenda, staff recommends the following motions: “Move to adopt Resolution 2024-093 approving the Preliminary Plat and OP PUD for Highpointe Crossing, as proposed by Rachel Development, with the findings and conditions listed therein.” “Move to adopt Ordinance 2024-16 approving the OP PUD Ordinance for the Highpointe Crossing development proposed by Rachel Development, subject to the approval of a Final Plat and PUD.” “Move to adopt Resolution 2024-094 approving summary publication of Ordinance 2024-XX.” ATTACHMENTS: 1. Resolution 2024-093 – approving Highpointe Crossing Preliminary Plat and OP PUD 2. Ordinance 2024-16 – approving the Highpoint Crossing OP PUD Ordinance 3. Resolution 2024-094 – approving Summary Publication of Ordinance 2024-16 4. August 20, 2024 Staff Report – link only 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024-093 RESOLUTION APPROVING THE HIGHPOINTE CROSSING PRELIMINARY PLAT AND OPEN SPACE PLANNED UNIT DEVELOPMENT (OP 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, Rachel Development, Inc. (the “Applicant”) submitted an application to the City of Lake Elmo for a preliminary plat and open space planned unit development (PUD) called Highpointe Crossing, for the property legally described on the attached Exhibit A (the “Property”), a copy of the preliminary plat and OP PUD is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2024 to review and consider the preliminary plat and OP PUD; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and 4-1 recommendation of denial of the preliminary plat and OP PUD to the City Council as part of a staff report dated August 20, 2024; and WHEREAS, the City Council considered the preliminary plat and OP PUD at its August 20, 2024, meeting and hereby makes the following findings of fact: 1. That the preliminary plat and OP PUD plan is consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area. 2. That the preliminary plat does not meet the conditions for denial established in City Code Section 103.00.090 (d)(2) and that the preliminary plat generally complies with the City’s subdivision regulations and design standards. 3. That the preliminary OP PUD Plan meets the minimum requirements for an OP PUD identified in Section 105.12.1030, uses allowed within OP PUDs in Section 105.12.1040, and OP PUD review criteria in section 105.12.1070. 4. That the preliminary plat and OP PUD plan complies with the general intent of the City Code sections 105.12.1050 and 105.12.1060, relating to Open Space Planned Unit Development performance standards, with the flexibilities identified and approved by the City Council. 5. That the preliminary plat generally complies with the City’s Zoning Code. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Highpointe Crossing preliminary plat and PUD subject to the following conditions: 2 1. Prior to the City finding any application for a final plat and final PUD complete, the applicant shall fully address all comments in the following review memos to the satisfaction of the City: a. City Engineer’s memo dated June 28, 2024. b. City Landscape Architect’s memo dated June 26, 2024. c. City Fire Chief’s memo dated July 14, 2024. 2. The Plans must be revised as follows to address Planning Comments in the Staff Report dated August 20, 2024: a. The Plans must demonstrate conformance with applicable City Code requirements for subdivision monument signs in OP PUDs. b. The Plans must demonstrate at least 400 tree plantings in the development, as approved by the City’s Landscape Architect, meeting the boulevard spacing requirements in City Code where practicable. 3. That prior to the City finding any application for final plat and final PUD complete, the applicant shall demonstrate that the plans reflect compliance with Valley Branch Watershed (VBWD) review requirements 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. 4. 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. 5. The applicant/developer is responsible, at their own expense, for installing all required right of way improvements. 6. Storm water ponds shall be placed on separate outlots and conveyed to the City through a warranty deed in a form acceptable to the City. 7. No stormwater impacts shall be created on CSAH 13 (Inwood Avenue North). 8. The applicant/developer shall provide the City a fee in lieu of park land dedication as required by Section 103.00.150 to be paid prior to recording of the final plat. 9. All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat before the execution of the final plat by City Officials. 10. If applicable, a storm water maintenance and easement agreement in a form acceptable to the City shall be executed and recorded with the final plat. 11. If applicable, a landscape and irrigation license agreement in a form acceptable to the City shall be executed and recorded with the final plat. 12. The Applicant shall submit information demonstrating compliance with a Plat Opinion by the City Attorney, to the satisfaction of the City, before execution or recording of the Final Plat. 13. 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. 14. 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 3 and payment for the required improvements with financial guarantees therefore. The Agreement shall outline any approved phasing plan. 15. The applicant or developer shall enter into a separate grading agreement with the City before starting any grading activity in advance of final plat/ 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. Passed and duly adopted this 17 day of September, 2024, by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mayor Charles Cadenhead ATTEST: ____________________________________ Julie Johnson, City Clerk 4 Resolution 2024-____ Exhibit A Legal Description of Subject Property The North Half of the Southwest Quarter of Section 21, Township 29, Range 21. Washington County, Minnesota; Except: All that part of the North 75.00 feet of the East 150.00 feet of the North Half of the Southwest Quarter of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the Washington County Highway Right of Way Plat No. 98 – C.S.A.H 13, according to the recorded plat thereof. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2024-16 AN ORDINANCE AMENDING CHAPTER 105 OF THE LAKE ELMO CITY CODE OF ORDINANCES BY REZONING ALL PROPERTY AT PID 21.029.21.32.0001 FROM RR (RURAL RESIDENTIAL) TO OP (OPEN SPACE PLANNED UNIT DEVELOPMENT) SECTION 1. Zoning Map Amendment. The following property is hereby rezoned from RR – Rural Residential to OP – Open Space Planned Unit Development: The North Half of the Southwest Quarter of Section 21, Township 29, Range 21. Washington County, Minnesota; Except: All that part of the North 75.00 feet of the East 150.00 feet of the North Half of the Southwest Quarter of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the Washington County Highway Right of Way Plat No. 98 – C.S.A.H 13, according to the recorded plat thereof. SECTION 2. PUD District Regulations. Permitted uses and regulations acceptable to the OP-PUD are hereby established as follows: 1. Development Density – The development is to contain 65 single-family residential lots with a gross density of .82 units per acre and net density of .86 units per acre. 2. Land Use – Uses permitted within this OP PUD shall be: Single Family Residential. 3. Accessory Uses – Accessory uses shall be incidental to the principal uses of the property and as allowed in the OP PUD, Open Space Planned Unit Development, Zoning District. 4. Design and Performance Standards – Unless a PUD deviation has been granted or conditions imposed the standards for the property shall be those found in the OP PUD, Open Space Planned Unit Development, Zoning District, Article XVII of the Zoning Ordinance. The following deviations are granted as proposed: a. Minimum Lot Area of 11,200 square feet. b. Minimum Front Yard Setback of 20 feet for Lot 1, Block 6. c. Minimum Internal Side Yard Setback of 10 feet. d. Minimum Corner Side Yard Setback of 30 feet. e. Maximum Impervious Surface Cover on residential lots of 50% percent. f. A trail system of mowed grass trails with a minimum of 5968 linear feet. 5. Other Standards – Other standards including but not limited to bulk and design standards shall be those found in the Open Space PUD (OP) Zoning District, Article XVII or as applicable in other Articles of the Lake Elmo Zoning Ordinance. SECTION 3. Zoning Map. The zoning map of the City of Lake Elmo shall be republished in the ordinary course to show the aforesaid zoning, and in the interim the Clerk shall appropriately mark the zoning map on file in the Clerk’s Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption of a Ordinance No. 2024-16 Resolution approving a Final Plat and OP PUD for the project on the property described in Section 1 of this ordinance. SECTION 5. Adoption Date. This Ordinance 2024-16 was adopted on this 17th day of September, 2024, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL __________________________________ Charles Cadenhead, Mayor ATTEST: _____________________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2024-094 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2024-094 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2024-16 an ordinance that amends the City’s Zoning Code Chapter 105 of the Lake Elmo City Code by rezoning all property at PID 21.029.21.32.0001 from RR - Rural Residential, to OP – Open Space Planned Unit Development. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2024-16 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 2024-16 an ordinance that amends the Zoning Ordinance by rezoning all property at PID 21.029.21.32.0001 from RR - Rural Residential, to OP – Open Space Planned Unit Development. This ordinance creates land use standards consistent with the requested Open Space Planned Unit Development for the Highpointe Crossing project proposed by Rachel Development which was approved by the Lake Elmo City Council on August 20, 2024, with a Resolution and Ordinance formally approved on September 17, 2024. This ordinance is not in full effect until the Lake Elmo City Council approves the Final Plat and PUD for the project proposed by Rachel Development. The full text of Ordinance 2024-16 is available for inspection at Lake Elmo City Offices during regular business hours. [remainder of page intentionally blank] Resolution 2024-094 BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: September 17th 2024 ___________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL)