HomeMy WebLinkAbout#12 - Landucci Twinhomes Preliminary Plat and PUDSTAFF REPORT
CITY COUNCIL
DATE: 3/21/2023
TO: Lake Elmo City Council
FROM: Nathan Fuerst, Consulting Planner
Jenni Faulkner, Consulting Planner
AGENDA ITEM: Wildflower Twinhomes, Preliminary Plat/Planned Unit Development
BACKGROUND:
Landucci Construction, Inc. (Nathan Landucci) is requesting Preliminary Plat and Planned Unit
Development (PUD) approval for a 30 unit twinhome residential development on approximately
5 acres of land north of the intersection of 39th St. N. and Stillwater Blvd. N. The development is
proposed as a PUD because the developer is requesting flexibility from the VMX zoning
regulations and the City’s Engineering Design Standards.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is asked to review and make a determination on the Preliminary Plat and
Preliminary Planned Unit Development (PUD) request by Landucci Construction.
City Council Meeting
March 21, 2023 Page 2
GENERAL INFORMATION:
Applicant: Landucci Construction, Inc., 13230 20th St. Ct. N., Stillwater, MN 55082
Property Owner: Wildflower Twinhomes LLC, 13230 20th St. Ct. N., Stillwater, MN 55082
Location: Unaddressed parcel directly north of the intersection of 39th St. N. and Stillwater
Blvd. N.
PID#: 1302921210009
Request: Preliminary Plat/Planned Unit Development (PUD)
Site Area: 5.1 acres
Land Use Map: Village Mixed Use (V-MU)
Current Zoning: VMX
Proposed Zoning: VMX/PUD
Surrounding: MDR/PUD (north) | VMX (east) | RT (south) | VMX (west).
History: The parcel is undeveloped and currently zoned VMX. The City reviewed the
PUD Concept Plan on December 27, 2022.
Deadline: Application Complete – 1/27/23
60 Day Deadline – 3/28/23
Extension Letter – TBD
120 Day Deadline – 5/27/23
Applicable Code: Article 13 – Village Districts
Article 18 – Planned Unit Development Regulations
Title 103 – Subdivision Regulations
PROPOSAL DETAILS/ANALYSIS:
Site Data.
Total Site Area 5.09 acres
Outlots (A, B, C) 2.7 acres
Right-of-Way (R/W) 0.91 acres
Net Density 5.89 units/acre
The calculation of net density in this case does not allow for netting out any area of the parcel,
and is therefore the ratio of proposed units to total site area. The Metropolitan Council
determines net density through netting out wetlands and water bodies, dedication for designated
arterial right-of-way, wetland buffers, public parks and qualifying preserved open space.
Environmental Review. The entire Village Area was subject to an Alternative Urban Areawide
Review (AUAR) when the area was brought into the Municipal Urban Service Area (MUSA).
The AUAR was updated in early 2022 as required. No further environmental review is required.
City Council Meeting
March 21, 2023 Page 3
PUD Minimum Requirements.
The development is being proposed as a PUD because the developer proposes deviation from the
zoning standards for such units. The developer also proposes to deviate from certain standards in
the City’s Engineering Design Standards Manual regulating public improvements in Lake Elmo.
A PUD is a negotiated zoning district, and according to the Lake Elmo Zoning Code Article 18,
Planned Unit Development Regulations, zoning flexibility can be granted in order to better
utilize site features and to obtain a higher quality of development.
City Code establishes minimum thresholds a project must meet in order to qualify as a PUD.
Staff has found that the proposed development does meet the following minimum requirements
of a PUD:
a. Lot Area: The site area exceeds the minimum lot area for of five acres for a PUD
development. Requirement met.
b. Open Space: The PUD ordinance indicates that at least 20% of the development area not
within rights-of-way is to be reserved as open space. Requirement met.
c. Street Layout: In existing developed area, the PUD should maintain the existing street
grid, where present, and restore the street grid where it has been disrupted. In newly
developing areas, streets shall be designed to maximize connectivity in each cardinal
direction, except where environmental or physical constraints make this infeasible. All
streets shall terminate at other streets, at public land, or at a park or other community
facility, except that local streets may terminate in stub streets when those will be
connected to other streets in future phases of the development or adjacent developments.
Requirement met.
PUD Identified Objectives.
When evaluating a PUD proposal, the Planning Commission and City Council must find a PUD
meets one or more objectives contained in Article 18 and meet the minimum requirements for a
PUD. The Applicant has, though their narrative, suggested that the development meets criteria g
and h. Staff review of conformance with identified objectives, in bold, is below each relevant
criterion:
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. Establishment of appropriate transitions between differing land uses.
This site and use provide for an appropriate transition between residential uses
to the north and mixed uses to the south.
d. 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.
e. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for lifecycle housing to all income and age groups.
City Council Meeting
March 21, 2023 Page 4
This type of housing does not appear to be very common in Lake Elmo, and
especially in Old Village area, therefore, this development adds a relatively
unique form of housing to the community. Rentals, which could become owner-
occupied, can serve as both transitional (step up or step down) and long-term
housing which costs less than a typical single-family home.
f. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities.
g. Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses.
Architectural features do reflect those in surrounding development. Proposed
building materials and colors are of quality and reflect City standards.
h. Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and the promotion of energy resource conservation.
The proposed layout of the development maximizes units on the public roadway.
The type of units and nature of the construction provides for more efficient use
of natural resources and energy efficiency.
i. Establishing measures to protect and preserve groundwater storage.
j. 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.
Required vs. Proposed V-Mx Bulk Standards
Cells in the ‘As Proposed’ column shaded in blue indicate a deviation from City Code.
Standards (105.12.790) V-Mx Requirement:
(Two-Family Dwelling)
As Proposed
Minimum Lot Area 4000 square feet 1736 sq ft | 2352 sq ft
Minimum Lot Width 30 feet 28 feet
Max Impervious Cover 75% 30.98% (less Road and Walk)
Minimum Setback - Front 25 feet 25 feet
Minimum Setback - Side 10 feet 10 feet (between buildings)
Minimum Setback - Rear 10 feet 25+ feet
Maximum Height 35 feet 27 feet at peak
Driveway Setback from
intersection
50 feet from r-o-w
Stillwater Blvd.
52 feet west driveway
61 feet east driveway
Driveway setback from side
lot line
5 feet 0 feet proposed for zero lot line
development.
Driveway Width 12-26 feet 36 feet proposed for zero lot
line (this represents two
combined driveways)
City Council Meeting
March 21, 2023 Page 5
Development Standards for Two-Family Dwellings –
The development meets the requirements of City Code Sec. 105.12.820(a)(3), standards for single-
family attached dwellings, given the following.
a. All primary entrances are located on a façade facing a public street.
b. Outlot A ensures at least 300 square feet of open space per dwelling unit at a ratio of
approximately 2,650 square feet per unit.
c. District setbacks will be met through approval of the proposed PUD.
Architecture. City Code Section 105.12.840 requires design review against standards in the
Lake Elmo Design Standards Manual. The proposed housing types are provided in the packet
and include elevations and floor plans. Staff review of conformance is below:
Site Design
• Building placement – Buildings are oriented perpendicular to the street, with entrances
oriented towards the street.
• Streetscape – Concrete sidewalks are provided through the Cul-de-sac. Overstory tree
plantings are provided along the street with shrubs and other landscaping surrounding the
community Pickel Ball court amenity.
• Landscaping – Overstory trees will line both sides of the public right of way with
additional tree plantings proposed behind residential buildings and bordering the abutting
properties help blend the site in with surrounding development.
• Parking – While no shared parking areas are provided, each unit would have enough
structured parking for 2 vehicles, with the ability to park an additional 2 on the
corresponding driveway. Parking will be screened from both 39th St. and Stillwater Blvd.
Building Design
• Form and Façade – Buildings are proposed with architecture consistent throughout the
site, and the surrounding areas. Facades are articulated with little blank wall space. In the
Developer’s resubmitted plans, greater architecture variability is provided to contrast the
different units.
• Building Materials – Materials and finishes are generally of quality with colors consistent
with a requirement for earth or muted tones.
• Mass and Scale – Individually, buildings are smaller in terms of height and mass than
surrounding development.
• Roof Design, Entries, Lighting – features proposed are of consistent with City standards
for this type of construction and site layout.
City Council Meeting
March 21, 2023 Page 6
• Signage – The subdivision monument sign will be lighted and landscaped consistent with
the rest of the development.
Staff note that this project is generally consistent with the Lake Elmo Design Standards Manual.
The comments above provide insight into how this development complies with the intent.
Building types are not specifically called out in the design standards and twinhomes are allowed
in the zoning district.
Parking and Driveways. Section 105.12.410 requires 1 space per bedroom: 2 spaces per 2-
bedroon or larger and 10% for visitor parking. All of the units are 2 or 3 bedrooms. This equates
to 60 off-street parking stalls and 6 guest parking stalls required. While there are no stand-alone
off-street parking areas, there are 2 parking stalls per unit enclosed (20 by 22 feet total) and 2 on
each driveway (18 by 25 feet total each side). This satisfies the ordinance requirement. Parallel
parking spaces are required to be 9 feet by 22 feet. The minimum parking stall size is met for
enclosed and driveway spaces. Further Section 9.16.090 details driveway requirements. Standards
not meeting the requirement may be allowed as approved by the City. All driveways are to be at
a 90-degree angle from the street unless otherwise approved by the City Engineer. The proposal
has tapered driveways to meet the alignment and 10 foot separation at the r-o-w line.
Parks. §103.00.150 Park Land Dedication Requirements. The City Code requires cash in lieu of
land for this zoning district. As such, the dedication requirement will be determined with the final
plat.
Subdivision Signs. Section 105.12.430 allows 1 subdivision sign for this residential development
with a maximum sign area of 32 sq. ft. One sign is proposed meeting the setback for such signage.
No additional signs have been proposed. When constructed, the sign must be consistent with
applicable design and performance standards.
Landscaping and Tree Preservation. The City’s Consultant Landscape Architect provided a
review memo dated February 16, 2023, which noted a number of deficiencies in the Developer’s
submittal relating to information provided on tree preservation and landscaping proposed.
The Developer has resubmitted, revised plans, which have been reviewed by the City’s Landscape
Architect with comments provided in the memo dated March 10, 2023. Revisions to the plan are
recommended to allow for additional review. Key comments are summarized below:
• Tree preservation requirements have been met.
• Minor revisions are required to the landscaping plan to satisfy screening and tree diversity
requirements.
• Concern is still expressed regarding the location of the pickleball court in proximity to one
of the residential units.
Fire Chief Comments. The City’s Fire Chief provided a comment memo dated February 7, 2023
which details several requirements for plans to meet City standards for state fire code and local
policy.
City Council Meeting
March 21, 2023 Page 7
Engineering Review. This project has been reviewed by the City Engineer for conformance with
the City’s Engineering Design Standards Manual. Detailed comments relating to the review are
included in the Engineer’s memo dated February 15, 2023. Ultimately, the City Engineer is
recommending approval on the condition that plans be revised to address all City comments. Key
comments are summarized below:
• Revisions are required to the Preliminary Plat, Grading, Utility, and Landscaping Plans in
order to bring them into compliance with City Standards.
• Landscaping cannot be placed in area immediately surrounding stormwater ponds.
• Sidewalk connection is desired to connect to the Wildflower development to the north at
the intersection of Swallowtail Lane and Sunflower Lane.
• Streetlight installation required at the site entrance to 39th St. N.
Washington County Review. Stillwater Boulevard is a County road. See attached memo dated
February 16, 2023. Comments advised of the possibility of future county road projects that could
impact either the ease of access to this parcel or require additional land for public right of way.
Stormwater Management. This property is located within Valley Branch Watershed District.
The Developer will be required to follow watershed rules and permitting requirements.
RECOMMENDED FINDINGS:
Recommended Findings for Preliminary Plat/Preliminary PUD. Staff recommends approval
of the Preliminary Plat/Preliminary Planned Unit Development (PUD) for PID 13.029.21.21.0009
based on the following findings:
1. That the Preliminary 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 PUD Plan complies with the general intent of the Village-Mixed
Use 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 PUD Plan meets the minimum requirements for a PUD identified in
Section 105.12.1150 and items c, e, g and h from the Identified Objectives for PUDs in
Section 105.12.1130 as follows:
c. Establishment of appropriate transitions between differing land uses.
e. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for lifecycle housing to all income and age groups.
g. Coordination of architectural styles and building forms to achieve greater
compatibility within the development and surrounding land uses.
City Council Meeting
March 21, 2023 Page 8
h. Creation of more efficient provision of public utilities and services, lessened
demand on transportation, and the promotion of energy resource conservation.
Recommended Conditions of Approval. Staff recommends approval of the Preliminary
Plat/Preliminary Planned Unit Development (PUD) for PID 13.029.21.21.0009 with the
following conditions:
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 requisite author:
a. City Engineer’s memo dated February 15, 2023.
b. City Landscape Architect’s revised memo dated March 10, 2023.
c. City Fire Chief’s memo dated February 7, 2023.
2. 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.
3. 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.
4. Additional size, height, and area regarding the proposed monument sign shall be
submitted with final PUD application.
5. The applicant/developer is responsible, at their own expense, for installing all required
right of way improvements. Any improvements in Stillwater Boulevard shall be
consistent with Washington County standards.
6. A storm water maintenance and easement agreement in a form acceptable to the City
shall be executed and recorded with the final plat.
7. No stormwater impacts shall be created on CSAH 14 (Stillwater Boulevard).
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. The applicant/developer shall pay the City the required AUAR fee prior to recording of the
final plat.
10. A landscape and irrigation license agreement in a form acceptable to the City shall be
executed and recorded with the final plat.
11. Existing drainage and utility easements shall be vacated prior to recording final plat.
12. Finalization, adoption, and publication of an overlay PUD district ordinance shall occur
before the recording of any future 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
City Council Meeting
March 21, 2023 Page 9
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.
FISCAL IMPACT: Approval of a Preliminary Plat and Preliminary PUD grant 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 urban services and will pay sewer and water connection charges,
building permit fees and the like.
PUBLIC COMMENT:
A public hearing was noticed and held at the Planning Commission meeting on February 17,
2023. City staff received a number public comments from residents and representatives of those
in the area of the development. Written public comments received on this item are attached to
this report.
Four residents provided public comments during the Planning Commission meeting. Comments
from the public on this development are generally summarized by staff below:
• Development name – residents took issue with the similarity of the name “Wildflower
Twinhomes” due to a potential for confusion of the development to the North,
“Wildflower at Lake Elmo”.
• Landscaping and tree removal – residents of surrounding properties objected to the tree
removals that would be required for the mass grading of this development, and
stormwater pond. It was suggested at the Planning Commission meeting that this
developer coordinate with the developer of Wildflower at Lake Elmo to the north to
consolidate stormwater ponds and save or replant the trees along the northern property
line of the subject property.
• Other comments related to the aesthetic impact of this development, the sidewalk
connection, and noise impacts of the pickle ball court amenity.
OPTIONS:
The City Council may:
• Approve the requests.
• Approve the requests with conditions.
• Deny the requests, citing findings of fact.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the request, heard public comments, and discussed the
proposed development at their regular meeting on February 17, 2023. A motion was made to
recommend approval of this item, with the findings proposed by staff and an additional condition
of approval. That motion failed for lack of majority on a 2-2 vote.
City Council Meeting
March 21, 2023 Page 10
Staff asked that the dissenting Planning Commissioners provide findings to the City Council for
denial. Those findings are summarized by staff below:
• The Developer did not provide reasonable solutions to issues raised through public
comments. Those issues were specifically landscaping and tree preservation.
• The deviations requested by the Developer were not supported.
RECOMMENDATION:
Staff have reviewed the findings of fact provided by the Planning Commissioners in favor of
denial and offer the following comments:
• A requirement for regional ponding between two private developments is both
impractical and inadvisable at this time. Staff and both of the surrounding developers do
not have enough information to verify that the stormwater from the proposed Wildflower
Twinhomes development could be accommodated on the Wildflower at Lake Elmo site.
Regional ponding would still be required to meet Valley Branch Watershed District rules
and may require more land area or other improvements that cannot be identified yet at
this time.
Staff also find that, at this point in the development process, requiring regional ponding
would not be advisable. Such a requirement would go above and beyond any zoning or
engineering standards and necessitate an agreement between two private properties. Such
a requirement was not anticipated or planned for in any of the City’s guiding planning
documents.
• Staff find that the development meets the minimum requirements for a PUD. Staff have
also identified several ways in which the City could find that this development meets the
Identified Objectives for PUD projects. The City Council should review staff’s findings
in this area to make a determination of whether a PUD is warranted, and if so, which
deviations are acceptable.
Based on the above analysis of the proposed development, City staff find the proposal to be
generally in line with the City’s adopted ordinances and policies. Staff is therefore
recommending the City Council take the following action for the proposed project at PID
13.029.21.21.0009:
Preliminary PUD/Preliminary Plat
Should the City Council agree with staff’s recommendations and findings, it should approve the
proposed preliminary PUD plan and preliminary plat for the subject property with the
recommended findings and conditions of approval listed in the staff report.
“Motion to adopt Resolution 2023-024 approving the preliminary plat and PUD requested by
Landucci Construction, Inc. for the subject property based on the findings of fact and
recommended conditions of approval listed in the staff report.”
City Council Meeting
March 21, 2023 Page 11
ATTACHMENTS:
1. Application Narrative
2. Preliminary Plat and PUD Plans
3. Unit elevations and floor plans
4. Fire Chief Memo
5. City Engineer Memo
6. Landscape Architect Memo
7. Washington County Memo
8. Public Comments
9. Resolution 2023-024
10. Draft PUD Ordinance
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13230 20th St. Ct. N.
Stillwater, MN 55082
651.894.2582
MN License # 20626262
City of Lake Elmo January 27, 2023
Planning Dept.February 2, 2023 rev
3800 Laverne Ave. N.
Lake Elmo, MN 55042
Dear Planning Dept,
Please accept the enclosed information on behalf of Landucci Construction’s Preliminary Planned Unit
Development (PUD) and Conditional Use Permit (CUP) application submittal for our Wildflower
Twinhomes residential project.
General and Project Information
Landowner:Wildflower Twinhomes LLC
13230 20th Street Court North
Stillwater, MN 55082
Attn: Nathan Landucci
(651) 894-2582
landucnl@gmail.com
Applicant:Landucci Construction LLC
13230 20th Street Court North
Stillwater, MN 55082
Attn: Nathan Landucci
(651) 894-2582
landucnl@gmail.com
Land Surveyor:Cornerstone Land Surveying, Inc.
1970 Northwestern Avenue, Suite #200
Stillwater, MN 55082
Attn: Daniel Thurmes
(651) 275-8969
dan@cssurvey.net
Civil Engineer:Larson Engineering, Inc.
3524 Labore Road
White Bear Lake, MN 55110
Attn: Matt Woodruff
(651) 481-9120
mwoodruff@larsonengr.com
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Geotechnical Engineer:Chosen Valley Testing, Inc.
245 East Roselawn Avenue, Suite 29
St. Paul, MN 55117
Attn: Colby Verdegan
(651) 756-7384
verdegan@cvtesting.com
Landscape Architect:DreamScapes Landscaping & Design
7087 20th Ave S #2
Centerville, MN 55038
Attn: Jim Kalkes
(651) 415-1000
jimk@dreamscapesmn.com
Property Address:11XXX 39th Street North
Lake Elmo, MN 55042
PID# 13.029.21.21.0009
Legal Description:See enclosed survey
Written Statement:
Landucci Construction, Inc. is proposing to develop a 5.09 Acre parcel of land in the City of Lake Elmo
that will create a community of 30 single-family attached townhouses (twin homes). The concept plan
includes a 550 ’long cul-de-sac roadway with sewer and water utilities that will be dedicated to the
public. Each single-family attached unit will be aligned along the new road and have its own lot (PID)
that will either be 28 ’wide by 84 ’deep (2,352 SF), or 28 ’wide by 62 ’deep (1,736 SF). Each unit will
have its own 10 ’x 12 ’concrete patio on the backside of the residence.
The proposed development is located at the northeast corner of Stillwater Boulevard North (Washington
County State Aid Highway No. 14) and 39th Street North. As mentioned, the site is a 5.09 Acre parcel
that is relatively flat with a 3 ’drop in elevation from the north to the south. The property is currently
being used as farmland and has minimal trees along the north property line.
It is our intent to develop the property and then maintain the neighborhood as a townhouse rental
community with a home owners association (HOA). The HOA will be in Wildflower Twinhomes LLC’s
control and be professionally maintained with lawn care, lawn irrigation, snow removal, exterior
maintenance/repair and common amenity management. In the event that future market conditions
become favorable, we may consider selling the individual units and ultimately transfer the HOA over to
the new owners of the neighborhood. For this reason, each residential unit will have its own PID.
The market we intend to serve is renters/tenants seeking housing by choice and not simply by need. Our
community will reflect demographics similar to those who may purchase the surrounding for-sale single
family homes but don’t want or need to purchase. Our tenants seek maintenance free, association
maintained and convenient new construction housing product. This project is considered market-rate
but offers luxury and upscale features including but not limited to: Cement fiber siding, Andersen
windows, 2 car heated and finished garages, grill patios with built-in natural gas grills with privacy
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fence between units and community amenities including a pickle ball court and connected sidewalks.
Interior finishes include custom cabinets, quartz countertops, upscale trim, fireplaces and Luxury Vinyl
plank floors throughout.
For the areas outside of the individual townhouse lots and outside of the dedicated right-of-way, we are
proposing to establish as common open space that will be maintained by the HOA. Refer to the enclosed
Sheet C200 Site Plan for the concept layout, setbacks, townhouse types, area calculations, and off-street
parking.
Given that the proposed development is currently zoned as Village Mixed-Use (VMX), Article XIII of
the City’s Code requires that residential units occur at a density of 5-10 units per acre. Applying this
code requirement to the subject property, the range of residential units that can occur on the property
ranges from 26-50 units. As part of the PUD application, we are not seeking a density bonus.
Due to the size (5.09 Acres) and general configuration of the property, we are finding it unfeasible to
propose a public roadway that connects 39th Street and Sunflower Lane with a “thru-street” and still
meet the VMX Code’s minimum density of 5 units per acre. With this considered, we have proposed a
cul-de-sac roadway as shown that will have 30 residential units, thus resulting a density of 5.9 units per
acre. Additionally, based on various development layouts for the property that have been considered by
our team, we are finding that the roadway configuration as shown will yield the most optimal layout for
the site.
With the size and general configuration of the property as discussed above, we are finding it to be
unfeasible to meet certain requirements of Table 11-2 of the City’s Code Section 105.12.790, and yet
maintain the minimum density of 5 units per acre. More specifically, the following zoning code
requirements cannot be met and therefore we are seeking flexibility and applying for a Planned Unit
Development (PUD):
Interior Side Yard Setback:
- Required: 10’ lot line setback (20’ principal building structure separation)
- Proposed: 0’ lot line setback (10’ minimum principal building structure separation)
Minimum Lot Area:
- Required: 3,000 square feet
- Proposed: 1,856 – 2,436 square feet with zero-lot line setbacks, clustered layout which
averages to 6,039 square feet per unit when considering common open space being provided.
Maximum Impervious Coverage:
- Required: 75% max
- Proposed: 80% - 85% per lot with zero-lot line setbacks, clustered layout which averages to
43% per unit when considering common open space being provided.
A PUD will allow us to design a better use for the area that what would otherwise be required by the
Village Mixed-Use code, while meeting the minimum densities desired and as guided for in the
Comprehensive Plan. The rational and motivation for the PUD application is based on the following
identified objectives as outlined in Code Section 105.12.1130, where the mission is to create a well
situated and cohesive neighborhood that echoes the values, quality and architecture of the adjacent
properties and neighborhoods.
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(g) The architectural style and building forms proposed are a reflection of the surrounding
neighborhoods, including Wildflower, which have been built using high quality materials
like stone/brick, cement fiberboard siding and trim (Hardboard or LP Smart siding). To
maintain a higher level of quality, we will be installing trimmed windows on all 4 sides of the
residential units, higher pitches on roofs, architectural shingles, band boards and frieze
boards, and a pleasing/neutral color palette. Additionally, in order to echo the neighboring
Wildflower development, we will incorporate a variety of siding and roofing colors along
with a variety of siding styles, using combinations of lap siding, shakes, and board / batten.
(h) Creation of more efficient provision of public utilities and services, lessen demand on
transportation, and the promotion of energy resource conservation. We believe that with the
proposed layout of the development, we are maximizing the efficiency of the roadway and
utility systems in order to adequately serve the new residential units. Additionally,
twinhomes or townhouses are traditionally more energy efficient due to the shared or
common wall that divides the residences. Lastly, the new residences will feature energy
efficient windows, appliances, and LED lighting.
Given the market that we intend to serve (empty nesters, young families, etc.), the twinhome
or townhouse residential concepts tend to generate less vehicle trips on average. Not only
will the new higher-end neighborhood provide an increase to the City of Lake Elmo’s tax
base, it will do so with a lesser amount of impact to the City’s transportation and utility
infrastructure.
We believe that the geographic location of the proposed development within the City will
also lead to efficiencies given that Metro Transit’s Route #294 has a number of bus stops
along Stillwater Boulevard in the immediate area. With three (3) bus stops located in
between Layton and Laverne Avenues, the location for the proposed Wildflower Twinhome
development will provide residences just minutes of walking time to access the Metro Transit
bus route. The bus route is operated during the weekly rush hours and takes passengers from
the Stillwater area to St. Paul (or vice-versa).
Lastly with the development’s geographic location as discussed, the residents will have
immediate access to the City’s existing and future trail systems that will provide pedestrian
connections to other City neighborhoods and parks.
Given that the proposed application will require a Conditional use Permit (CUP) from the city, we are
providing the following justification that the proposed use meets the following three (3) criteria:
i. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or City.
The proposed residential use of the attached single-family dwellings is consistent with the contex
of the adjacent area in terms of overall building height, quality of proposed building, and
residential use. The proposed neighborhood will provide new infrastructure (sidewalks, roadway,
utilities, etc.) that will be dedicated to the public. The new public infrastructure will be designed
and built in accordance with city standards. The use will not be detrimental to public health,
safety, comfort, convenience, or general welfare of the neighborhood or City.
5
ii. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
The property is currently zoned as Village – Mixed Use (VMX) according to the City’s current
Land Use Plan. As discussed in the 2040 Comprehensive Plan, the site is guided as Village –
Mixed use (VMU) which states:
“This land use designation is used in the center of the Village Planning Area to identify an area
where a mix of vertically integrated commercial/business and residential uses provide
development types that benefit from proximity to each other. More residents in closer proximity
to businesses bring greater traffic to the businesses while these same businesses offer convenient
and necessary services and amenities to nearby residents. Together, the dynamics of a mixed-use
district can establish unique vitality, synergy of activity and a true community destination. Land
with this designation is assumed to redevelop or develop with a minimum of 50% residential use
with a density ranging from 5 to 10 dwelling units per acre (5 – 10 du/acre).”
We believe that introducing 30 high-quality, single-family attached twinhomes contributes to
these goals by increasing the population that will help support the nearby businesses.
Additionally, the proposed density for the project lies within the range that is identified within
the Comprehensive Plan.
iii. The use or development is compatible with the existing neighborhood.
We believe that the proposed development is compatible with the adjacent neighborhoods
because of the following:
A) we are introducing two-story residential units which are similar in height.
B) The units will have similar exterior siding and roofing with a variety of colors and siding
types (lap, board & batten, shakes, etc.).
C) A variety of roof lines.
D) Having the primary entrances facing the street that will give future residents direct access to
the new sidewalk and trail systems, and provide access to the adjacent neighborhoods and
business.
E) Introducing landscaping techniques that will be similar and consistent with the neighboring
communities.
Proposed Financing
We propose to finance this project with funds currently in-hand and bank loans.
Proposed Schedule (phases):
Spring/Summer 2023
• Site mass grading
• Sanitary sewer, water, storm sewer utilities installation
• Sewer/Water to be tested and approved by the City
• Small utilities installed
• Install curbs and asphalt pavement (first lift)
Summer/Fall 2023
• Begin digging and placing foundations for all 30 units
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Fall 2023
• Begin Framing units-First units to be available for occupancy Spring of 2024
Spring/Summer/Fall 2024
• Installation of driveways/unit sidewalks/landscaping
• Finalize all landscaping, irrigation and sod
• Final lift on asphalt road
Nathan Landucci; Landucci Construction LLC
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439TH ST. N.SWALLOWTAIL LANE
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TEXISTING STREETLIGHTBBBBBBBBBBBBBBBBBBAABBBBBBBBBBR25'R25'R90'DescriptionRev.DateWILDFLOWERTWINHOMESLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12226081MTHMJW02.13.233524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2023 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2022\12226081 - Landucci Lake Elmo Townhouse Development\C. Design\Drawing Files\12226081 C200 - Site Layout And Area Calcs.dwgLarsonEngineering, Inc.Project Title:LANDUCCICONSTRUCTION, LLC.13230 20TH STREET CT NSTILLWATER, MN 55082Client:First M. Last, P.E.Date: Lic. No.:02.13.23I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PUD SUBMITTAL (02/13/2023)0NORTH204080Sheet:41885PRELIMINARYSITE LAYOUTAND AREA CALCSC200SYMBOL LEGENDPROPOSED DRIVEWAYS/TRAILSBITUMINOUS PAVEMENTPROPOSED ROADWAYBITUMINOUS PAVEMENTPROPOSED SIDEWALK/PATIOCONCRETE PAVEMENTATTACHED TOWNHOUSE TYPES2 LARGE UNITS:BUILDING FOUNDATION: 43' X 27' = 1,161 SFGARAGE FOUNDATION: 29' X 20' = 580 SFPROPERTY:84' X 28' = 2,352 SF28 SMALL UNITS:BUILDING FOUNDATION: 28' X 27' = 756 SFGARAGE FOUNDATION: 22' X 20' = 440 SFPROPERTY:62' X 28' = 1,736 SFAPROJECT AREA CALCULATIONSTWINHOMES:LARGE TWINHOME (A) LOT AREA:4,704 SF(0.11 AC)2.12%SMALL TWINHOME (B) LOT AREA:48,608 SF(1.12 AC)21.93%COMMON OPEN SPACE:OUTLOT A:74,725 SF(1.92 AC)37.65%OUTLOT B:26,067 SF(0.60 AC)9.23%OUTLOT C:20,588 SF(0.47 AC)7.86%RIGHT-OF-WAY: 47,000 SF (1.08 AC)21.20%PUBLIC OPEN SPACE: 0 SF(0.00 AC)0.0%TOTAL SITE AREA:221,692 SF(5.09 AC)100.0%OFF-STREET PARKINGEACH RESIDENTIAL UNIT PROVIDES 4 OFF-STREET PARKING SPACES(2 WITHIN THE GARAGE AND 2 WITHIN THE DRIVEWAY.NOTE: THE ENTIRE DEVELOPMENT AREA IS DEVOTED TO PRIVATERESIDENTIAL USE FOR THE NEIGHBORHOOD. NO AREAS ARE BEINGDEVOTED TO COMMERCIAL, INDUSTRIAL, OR OFFICE USE.BIMPERVIOUS AREASROADWAY AREA:22,430 SF(0.51 AC)24.10%CITY SIDEWALK AREA:5,961 SF(0.14 AC)6.41%RESIDENTIAL UNITS AREAS:BUILDING AND GARAGE:36,970 SF(0.85 AC)39.73%SIDEWALKS:1,948 SF(0.05 AC)2.09%PATIOS:3,600 SF(0.08 AC)3.87%DRIVEWAYS:20,394 SF(0.47 AC)21.92%PICKLEBALL COURT: 1,750 SF(0.04 AC)1.88%TOTAL IMPERVIOUS AREA:93,053 SF(2.14 AC)100.0%IMPERVIOUS COVERAGE OF SITE:93,053 / 221,692 41.97%EASEMENT LINESETBACK LINERIGHT-OF-WAY LINEPROPERTY LINE
MONUMENT
SIGN
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243.07'93.67'44.89'53.82'122.73'DescriptionRev.Date39TH STREETTOWNHOUSEDEVELOPMENT1 02.01.2023 DETAIL TO CITY
Sheet Title:
Project #:
Drawn By:
Checked By:
Issue Date:
12226081
MTH
MJW
01.27.233524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2022 Larson Engineering, Inc. All rights reserved.L:\00_ DREAMSCAPES\DESIGN PROJECTS 2023\Jim 2023\Design\39th St Townhomes\Drawings\CAD\23.02.13 Landucci Townhouse -ACAD Design File.dwg LarsonEngineering, Inc.Project Title:LANDUCCICONSTRUCTION13230 20TH STREET CT NSTILLWATER, MN 55082Client:James A. Kalkes, RLA
Date: Lic. No.:1.27.23 43560
I hereby certify that this plan,
specifications or report was prepared
by me or under my direct supervision
and that I am a duly licensed
Landscape Architect under the laws
of the state of Minnesota.
2 CITY COMMENTS02.13.2023PRELIMINARY NOT FOR CONSTRUCTIONSheet:
7087 20th Ave S, Centerville MN
Phone: (651) 415-1000
www.DreamScapesMN.comLandscapeArchitect:PRELI
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LANDSCAPE PLAN
TREES & GROUNDCOVER
L201
BOTANICAL NAME
DECIDUOUS TREES
KEY COMMON NAME
2.5"BB 3
SIZE ROOT QTY.
2.5"BB 3
2.5"BB 5
HL
HB
RM
ORNAMENTAL TREES
STRAIT LEADERNO "V" CROTCH2"BB 5Malus x 'Spring Snow'SS
EVERGREEN TREES
6'BB 25Picea glauca var. DensataBH
FULL FORMTO GRADELANDSCAPE LEGEND
STRAIT LEADER NO "V" CROTCH2"BB 3Syringa ReticulataTL
56'BBPinus sylvestrisSP
INSTALL
HEIGHT
MATURE
HEIGHT
10'50'
15'50'
14'50'
8'20'
6'40'
6'50'
8'25'
Picea abesNS 156'BB 6'60'
·OVERSTORY / EVERGREEN TREES
·A minimum of one tree shall be planted for every 50 feet of street frontage, lake shore
or stream frontage, or fraction thereof.
··2240 lf of frontage / 50 = 45 Trees
··Development trees (5.09acres) = 26 Trees
··Perimeter Screening Trees = 12-26=0
··Required Tree Preservation Trees = 12 Trees
··· Total = 83 Trees
CITY of Lake Elmo LANDSCAPE CODE
2.5"BB 10DE 14'50'
NATIVE WET PRAIRIE MN SEED MIX 34-271 (OLD BWSR W2)4,969 sf
WETLAND FRINGE MN SEED MIX 35-221 (OLD BWSR U6)29,007 sf
COMMERCIAL TURF - SOD HIGHLAND SOD 92,469 SF
MNDOT 260 MN SEED MIX 25-131 (OLD MNDOT 260) &
ALL AREAS DISTURBED BY
CONSTRUCTION NOT INTENDED (USE EROSION CONTROL BLANKET
SODDED, OR RETENTION BASINS FOR SLOPES OVER 3:1)
WILDFLOWER MIX WITH MN SEED MIX 35-221
LOW GROW FESCUE AND Add Native Wildflower mix to seed 9,891sf
COVER CROP (Ramy Turf - Wildflower Seed Mix 3lb/AC)
3/4" TRAP ROCK GRAY TRAP ROCK sf
3"-6" RIVER ROCK RIVER ROCK sf
VINYL EDGING 20' LENGTH/ CONTRACTOR GRADE LF
SEED MIXTYPESYM.
SEED MIX LEGEND (FOR ALL SHEETS)
AREAS
QUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.
CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.
SHADEMASTER HONEYLOCUST
HACKBERRY
NORTHWOODS MAPLE
PATRIOT ELMUlmus x 'Patriot'
Acer rubrum 'Nothwoods'
Celtis occidentalis
Gleditsia triacanthos var.
inermis 'Shademaster'
JAPANESE TREE LILAC
SPRING SNOW CRABAPPLE
BLACK HILLS SPRUCE
SCOTCH PINE
NORWAY SPRUCE
8'BB 9RB
CLUMPFORM8'25'Betula nigra 'Shilo Splash'SHILOH SPLASH
RIVER BIRCH
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DescriptionRev.Date39TH STREETTOWNHOUSEDEVELOPMENT1 02.01.2023 DETAIL TO CITY
Sheet Title:
Project #:
Drawn By:
Checked By:
Issue Date:
12226081
MTH
MJW
01.27.233524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2022 Larson Engineering, Inc. All rights reserved.L:\00_ DREAMSCAPES\DESIGN PROJECTS 2023\Jim 2023\Design\39th St Townhomes\Drawings\CAD\39th St.Townhomes - Dreamscapes Tree Preservation.dwg LarsonEngineering, Inc.Project Title:LANDUCCICONSTRUCTION13230 20TH STREET CT NSTILLWATER, MN 55082Client:James A. Kalkes, RLA
Date: Lic. No.:1.27.23 43560
I hereby certify that this plan,
specifications or report was prepared
by me or under my direct supervision
and that I am a duly licensed
Landscape Architect under the laws
of the state of Minnesota.
2 CITY COMMENTS
3 CITY COMMENTS
02.13.2023
03.06.2023PRELIMINARY NOT FOR CONSTRUCTIONSheet:
7087 20th Ave S, Centerville MN
Phone: (651) 415-1000
www.DreamScapesMN.comLandscapeArchitect:PRELI
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TREE PRESERVATION
L100
A122-1-161CONCEPTUAL RENDERINGSSIDING AND TRIM COLORS TO BE SELECTED FROM "LP SMART SIDE" COLOR PALLET
A222-1-16127'-0"FRONT ELEVATIONRIGHT ELEVATIONLEFT ELEVATIONREAR ELEVATIONDARK SKY COMPLIANT DUSK TODAWN CAN LIGHT AT FRONTGARAGE DOORS (2) PER DOORDARK SKY COMPLIANT SWITCHEDCAN LIGHT AT COVERED WALK(2) LOCATIONSDARK SKY COMPLIANT SWITCHEDCAN LIGHT AT PATIO(1) LOCATION PER UNIT"GAF" ARCHITECTURALSHINGLE"GAF" ARCHITECTURALSHINGLE"LP SMART SIDE"LAP SIDING"LP SMART SIDE"BOARD AND BATTEN-OR- SHAKE"LP SMART SIDE"BOARD ANDBATTEN -OR-SHAKE"LP SMART SIDE"BOARD ANDBATTEN -OR-SHAKE"LP SMART SIDE"BOARD AND BATTEN-OR- SHAKE"LP SMART SIDE"TRIM"GAF" ARCHITECTURALSHINGLE"LP SMART SIDE"LAP SIDINGBRICK -OR-STONE VENEERBRICK -OR-STONE VENEERBRICK -OR-STONE VENEERDARK SKY COMPLIANT SWITCHEDCAN LIGHT AT COVERED WALK(2) LOCATIONS"LP SMART SIDE"TRIMWOOD PRIVACYSCREENWOOD PRIVACYSCREENDECORATIVEWOODBRACKETSIDING AND TRIM COLORSTO BE SELECTED FROM"LP SMART SIDE" COLORPALLET"SHED -OR- GABLEROOFDECORATIVEWOODBRACKET
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“Proudly Serving Neighbors & Friends”
Lake Elmo Fire Department
Memorandum
To: Sophia Jensen, City Planner
From: Dustin Kalis, Fire Chief
Date: 2/7/23
Re: Preliminary PUD and Conditional Use Permit Application : Landucci Construction (PID 13.029.21.21.0009)
_______________________________________________________________________________________
The Lake Elmo Fire Department has completed a Preliminary PUD and Conditional Use Permit Application
review of the Landucci Construction townhome project (PID 13.029.21.21.0009) based on submittals dated
1/27/23 with the following comments:
1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and
turning radiuses.
2) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access
roads.
3) Fire hydrants shall be provided in approved locations following review by Engineering and Public
Works.
4) Building address numbers shall be plainly visible from the street fronting the property and shall
contrasting color from the background. Addresses may be required to be posted adjacent to driveways
or other access ways.
Codes and Standards Used for this Review
This review is based on the following codes and standards as adopted and in effect in the State of Minnesota
at the time of plan submittal.
2020 Minnesota State Fire Code
Lake Elmo Fire Department Fire Code Policy
PAGE 1 of 4
MEMORANDUM
Date: February 15, 2023
To: Sophia Jensen, City Planner Re: Wildflower Twinhomes PUD
Cc: Jenni Faulkner, Planning Consultant Preliminary Plat/Plan Review
Marty Powers, Public Works Director
Dustin Kalis, Fire Chief
Chad Isakson, PE, Assistant City Engineer
From: Jack Griffin, PE, City Engineer
An engineering review has been completed for the Wildflower Twinhomes Preliminary PUD Plat/Plans located at
39th Street North and Wildflower Drive (PID 1302921210009) received on February 3, 2023. The submittal
consisted of the following documentation:
Wildflower Twinhomes Revised Preliminary PUD Plat dated February 13, 2023.
Wildflower Twinhomes Preliminary Plans dated January 27, 2023.
Revised Site Layout, Sheet C200 dated February 13, 2023.
Revised Landscape Plan, Sheet L202 dated February 13, 2023.
Stormwater Management Plan dated January 27, 2023.
Wildflower Twinhomes Project Narrative dated January 27, 2023.
STATUS/FINDINGS: A condition of Preliminary Plat approval, if granted, must require the applicant to revise and
resubmit Preliminary Plat/Plans to address each review comment and condition of approval to the satisfaction of
City staff prior to the City accepting a Final Plat/Plan application. Engineering has prepared the following review
comments to be addressed. A point‐by‐point response letter must accompany the plan resubmittal.
It is further recommended that it be a condition of Preliminary Plat/Plan approval that all public improvements
constructed to support the development must be designed and constructed in accordance with the City
Engineering Design Standards Manual dated January 2022, unless approved otherwise by the City Engineer. The
Preliminary Plat/Plans must be revised accordingly.
PRELIMINARY PLAT/SITE PLANS
1. The Preliminary Plat and plans must be revised to show Outlot ownership and dedication. Outlot B and C
should be shown as city owned for stormwater management basins. No drainage and utility easements
should be shown over Outlots B and C. Outlot A should be shown as HOA owned.
2. Preliminary Plat approval must be contingent upon revisions to the Preliminary Plat as may be found
necessary to dedicate additional right‐of‐way to accommodate any future County/City intersection
improvements at Stillwater Boulevard and 39th Street.
3. Preliminary Plat approval must be contingent upon revisions to the Preliminary Plat as may be necessary
to revise Outlot B and Outlot C to address to incorporate the 100‐year HWL, 10‐foot maintenance bench
and all maintenance access roads; and to revise all building elevations as necessary to meet city and
VBWD flood protection requirements.
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. 651.300.4285
PAGE 2 of 4
4. The Preliminary Plat and Plans must be revised to show the building setbacks for Lots 1‐15 to be 25 feet
from the Outlot B property lines. Revisions to Lot 15 footprint will be required.
5. The Preliminary Plat and Plans must be revised to show all required Lot easements.
6. Phasing Plan. A condition of Preliminary and Final Plat approval must include the requirement to
completion all utilities, stormwater management, street and sidewalk improvements including curb and
gutter and the first lift of asphalt, sidewalks, and any off‐site public improvements (if required) prior to
issuance of any building permits. The development sequencing will be especially important for this very
tight construction site and dead‐end cul‐de‐sac.
7. Written landowner permission must be submitted with the Final Plat application for any off‐site
permanent and temporary construction easements required to implement the development
improvements (including off‐site improvements).
STREET AND TRANSPORTATION IMPROVEMENTS
1. Right‐of‐way dedication requirements. Washington County has identified the intersection at Stillwater
Boulevard (CSAH 14) and 39th Street as a future traffic signal or roundabout. A preliminary review of the
intersection should be completed by the County and City to review for any additional right‐of‐way that
may be needed along Stillwater Boulevard and/or 39th Street. Prior to receipt of the Final Plat application,
the Preliminary and Final Plat/Plans must be revised to dedicate additional right‐of‐way, as may be
identified from this review.
2. Future Intersection Improvements. A financial contribution to the future traffic signal or roundabout at
Stillwater Boulevard (CSAH 14) and 39th Street should be considered.
3. Site Access. Access to the proposed development is generally consistent with city requirements. The plans
show a new public street extended approximately 600‐feet in length from 39th Street North and
terminates at a new cul‐de‐sac. The new public street has been shown to align with the existing
commercial driveway for Lake Elmo Bank as required.
4. Intersection Improvements. The developer will be responsible for any turn lane improvements or turn
lane lengthening that may be identified to be needed to support the development.
5. A public street is proposed in accordance with city design standards with a 32‐ft wide street within a 66‐ft
right‐of‐way, and using the dimensions for a city standard cul‐de‐sac. The typical section must be revised
to include all details per the city design standards including total right‐of‐way width, 10‐ft drainage and
utility easements on either side of the right‐of‐way, drainage easement grades, and the location of
boulevard trees within the right‐of‐way.
6. Sidewalks are shown along both sides of the street as required in multi‐family subdivisions. Consideration
should be made to complete a public pedestrian connection to the Wildflower development at the
intersection of Sunflower Lane and Swallowtail Lane, consistent with the goal for a walkable Downtown.
7. Ten (10) foot utility easements are required on either side of all right‐of‐way. The 10‐ft corridors must be
reserved for the installation of small/dry utilities, and must remain free from all encroachments, including
retaining walls, trees, and signs/monuments.
Revise the landscape plans to remove the entrance sign/monument from the drainage and utility
easement along both 39th Street and the new public street.
8. Driveways. Preliminary Pla/Plan approval must be contingent upon all driveways being installed in
accordance with all city ordinances, including minimum distance from intersections, driveway angles
installed at 90‐degrees as they cross public right‐of‐way, and distance between driveways.
9. The subdivision will require street lights to be installed per city standards at the intersection with 39th
Street and at the end of cul‐de‐sac.
GRADING PLANS, STORMWATER MANAGEMENT AND STORM SEWER SYSTEM
1. The proposed development is subject to a Stormwater Management Plan (SWMP) meeting State, Valley
Branch Watershed District (VBWD) and city rules. A VBWD permit is required. Storm water facilities
proposed as part of the development to meet State and watershed permitting requirements must be
constructed in accordance with the City Engineering Design Standards Manual dated January 2022.
PAGE 3 of 4
2. Approval of the Preliminary Plat/Plans for the development is contingent upon all SWMP revisions, as
required by the VBWD or other applicable permitting agency, being submitted to the city for review and
approval prior to the submission of Final Plat/Plans.
3. Additional soil borings area required. Soil borings for each proposed storm water basin must be obtained
in the number, locations and depths in accordance with the City Engineering Design Standards. The
additional soil borings must be obtained and infiltration basin rates revised, as may be needed, based on
all obtained soil borings.
4. Rate and volume control requirements must be met for all points of discharge from the site. Additional
survey information of existing conditions is required along the east property line to verify existing and
proposed drainage conditions. As presented it appears some portions of the site discharge to the east.
5. The existing and proposed drainage exhibits must be revised to incorporate all contributing drainage
areas (on and off site), and must clearly show and label all points of discharge from the site. Contributing
areas appear to include the Stillwater Boulevard right‐of‐way and areas to the north and west.
6. The SWMP rate control tables must reference each discharge location and provide a rate control analysis
for each discharge location independently and combined.
7. All storm water basins have been placed in Outlots dedicated to the city as required. Each Outlot must
fully incorporate the 100‐year HWL, 10‐foot maintenance bench and all maintenance access roads.
Maintenance access roads meeting city standards must be provided for all storm water facilities and
structures. The storm water basin Outlots and grading plans must be revised accordingly.
Show the 100‐year HWL contour on the grading plans. Revise Outlot boundaries to fully incorporate
100‐year HWL.
Revise the grading plans to provide maintenance access roads to each storm water basin (minimum
20‐feet wide) with no encroachments. Once at the basin 10‐foot maintenance access roads must be
provided to each storm sewer structure and flared end section. Revise Outlot boundaries to fully
incorporate storm water maintenance roadways.
8. The SWMP must be revised to provide a summary table of the 100‐year HWL elevation for each BMP. The
report must indicate that all “low floor elevations” are a least 2.0 feet above the adjacent 100‐year HWL
elevation. Revise the grading plans to revise the low floor elevations for Lots 19 and 20 to be a minimum
of 931.55 (+0.2 ft for as‐built tolerance).
9. Overland emergency overflow (EOF) elevations are required throughout the site, requiring a system of
interconnecting drainage ways. Low openings for adjacent structures must maintain 1‐foot above any
adjacent EOF in the as‐built condition.
Revise the grading plans to show the EOF spot elevation and flow path for BMP 3P and review low
opening elevations for all adjacent buildings.
Revise the building elevations for Lots 1 and 2 to identify the low opening elevations and verify the
elevations exceeds 931.6 (adjacent EOF).
Revise the EOF for BMP 1P to provide a reinforcement mat in lieu of rip rap. Show reinforcement mat
on the grading plan (not the erosion control plan) and provide enforcement detail.
10. Approval of the preliminary grading plans for the development is contingent upon all grading plans being
reviewed and approved by the City Engineer prior to the start of any grading or construction.
All drainage swales must be designed to meet a minimum 2% as‐built grade. Design grades must
exceed 2% to account for construction tolerances.
Preliminary plat approval must be contingent upon the 100‐year HWL elevation/contour for all
localized low points and catch basins being protected by drainage and utility easement dedicated on
the Plat.
Landscaping improvements must be closely coordinated with the preparation of the construction
plans to ensure that tree plantings do not encroach drainage swales, EOF flow paths, utility
easements, and pond access routes.
9. The storm sewer system shall be designed to maintain the city standard minimum pipe cover of 3.0 feet,
unless approved by the City Engineer. Drain tile is required as part of the city standard street section at all
localized low points in the street. Drain tile considerations may impact the storm sewer design and depth
PAGE 4 of 4
requirements at low points. Any exceptions must be specifically called out and shown in a storm sewer
structure table for city review.
10. The maximum curb run prior to a catch basin is 350 feet.
11. Revise the plans to revise all HDPE storm sewer pipe with city standard required RCP storm sewer pipe.
12. Revise the Outfall storm sewer pipe to meet the city standard 15‐inch minimum pipe size.
13. Per city requirements all storm sewer pipe easements must be a minimum 30‐feet in width.
14. Revise the erosion control plans to show double silt fence around all BMPs. The use of bio rolls for BMPs
or site perimeter erosion control is not permitted.
MUNICIPAL WATER SUPPLY
1. Municipal drinking water is available to the site with a connection to an existing 8‐inch watermain stub
located along 39th Street North.
2. The developer will be responsible to extend municipal water into the development at the developer’s sole
cost with the extension of an 8‐inch DIP watermain. This extension is shown on the plans as a 590‐foot
watermain that dead ends with a hydrant at the end of the proposed cul‐de‐sac.
3. No watermain oversizing is applicable for this development and the watermain does not need to be
extended to serve adjacent properties or looped to connect at Stillwater Boulevard or Sunflower Drive.
4. The developer will be responsible to place hydrants and water system valves internal to the site as
determined by the Lake Elmo Public Works Director and Fire Department.
5. Minimum 30‐foot easements centered over the pipe/hydrant will be required when not located within
the public right‐of‐way. Easements must be free from all encroachments, including retaining walls, trees,
other small/dry utilities, or storm water management BMPs. Easements must be dedicated to the city as
part of the plat. Dedicated watermain easements must be shown on all site, grading, utility, and
landscape plans when submitting a Preliminary and Final Plat application.
6. The plans must be revised such that all water/sewer services are installed perpendicular to the main with
no bends. When the use of bends are unavoidable, they must be located outside of the paved street.
MUNICIPAL SANITARY SEWER
1. The proposed site is located in the Old Village MUSA area in the city’s Comprehensive Plan and will
discharge to the MCES Cottage Grove Ravine Interceptor.
2. Sanitary sewer service is available to the site with a connection to an existing 8‐inch sanitary sewer stub
located along 39th Street North.
3. The developer will be responsible to extend sanitary sewer service into the development at the
developer’s sole cost with the extension of an 8‐inch PVC sanitary sewer main.
4. No sanitary sewer oversizing is applicable for this development and the sewer does not need to be
extended to serve adjacent properties.
5. The plans must be revised such that all water/sewer services are installed perpendicular to the main with
no bends. When the use of bends are unavoidable, they must be located outside of the paved street.
6. All public sanitary sewer mains placed within the development will require minimum 30‐foot easements
centered over the pipe and be dedicated to the city as part of the final plat, if not located within a public
right‐of‐way. Dedicated utility easements must be shown on all site, grading, utility, and landscape plans,
and remain free from encroachments, including retaining walls, trees, or other small/dry utilities.
LANDSCAPE IMPROVEMENTS
1. Revise the landscape plans to remove all conflicts with storm water pond maintenance access routes and
emergency overflow pathways.
Hoisington Koegler Group Inc.
800 Washington Ave. N., Suite 103
Minneapolis, Minnesota 55401
(612) 338-0800 www.hkgi.com
Creating Places that Enrich People’s Lives
Hoisington Koegler Group Inc.
MEMORANDUM
TO: Sophia Jensen
FROM: Sarah Evenson, PLA
DATE: 3/10/2023
RE: City of Lake Elmo Revised PUD Application Review-
Landucci 39th St Twinhomes
Landucci | 39th Street Twinhomes
Submittals
1. PUD Pre-application Materials dated July 7, 2022. Received July 15, 2022.
2. Wildflower Twinhomes Full PUD Set dated January 27, 2023. Received February 2, 2023.
3. Wildflower Twinhomes Revised PUD Sheets (Preliminary Plat, L100, L202, C200).
Rev date 02.13.2023. Received February 14, 2023.
4. Wildflower Twinhomes Revised PUD Sheets (L100, L201, L202, L301). Rev date 03.06.2023.
Received March 7, 2023.
Review History
PUD Pre-application Plan Review dated July 28th, 2022.
Preliminary PUD Application Review February 8th, 2023.
Revised Preliminary PUD Application Review February 16th, 2023.
Revised Preliminary PUD Application Review March 10, 2023.
Location: North of Stillwater Blvd and 39th Street N, and south of Sunflower Lane
Current Land Use Category: V-MX (Village Mixed Use)
Future Land Use Category: V-MU (Village Mixed Use). The site is within the MUSA boundary.
Adjacent and Surrounding Land Use: V-MX to the east and west. RT (Rural Transitional) to the south.
MDR (Medium Density Residential PUD) to the north.
Special Landscape Provisions in addition to the zoning code: none
Landucci 39th St Twinhomes - Preliminary PUD Application Review – 03/10/2023
2
Tree Preservation: 105. 12. 470
o All tree preservation requirements have been met.
Landscape Requirements: 105. 12. 480
• The landscape plan will require the following adjustments in order to meet code:
o Details and cross sections of all required screening need to be added to the landscape plans
and must show that the proposed screening will be:
At least 6’ in height and be 90% opaque year-round
A masonry wall or fence in combination with landscape material
1 tree per 40 linear feet of property line
o The landscape plan meets required number of trees:
Site
Measurement
Code Required Proposed
Street Frontage (LF)
Required Street Frontage Trees (1 per 50 LF) 2240 45
Development or Disturbed Area (Acres)*
Required Development Trees (5 per Acre) 5.09 acres 26*
Screening Perimeter between Land Uses (LF) North of property
Required Perimeter Screening Trees (1 per 40 LF) 475’ (confirm) 12-26=0
Required Mitigation Trees 12
Required Number of Trees 83 83
*Per 105.12.480 (c)(2) development or disturbed area trees can be utilized as screening and thus the total required
number of screening trees is reduced as shown.
o The tree composition requirements have not been met.
No more than 15% of proposed trees should be ornamental. Currently 20% of the
trees are ornamental. Either replace these with other deciduous trees, or add
additional coniferous/deciduous trees in order to bump the percentage of
ornamental trees below 15%.
Quantity % Composition Requirement
Deciduous Shade Trees 21 25 >25% Required
Coniferous Trees 45 54 >25% Required
Ornamental Trees 17 20 <15% Required
Tree Count 83
Landucci 39th St Twinhomes - Preliminary PUD Application Review – 03/10/2023
3
General Notes:
• Notes from the prior sheet set that were not included in this revised set still apply:
o I am still concerned about the distance between the proposed pickleball court and
adjacent homes. This is a better location than the last, but is still 15’ from a residence.
The noise will likely be disruptive. Surrounding court margins also appear short of the
ideal 8-10’.
o Are the rectangular shapes near the pickleball court intended to be bench seating? If so,
maintain access via a navigable surface such as concrete, compacted crushed
limestone, or decomposed granite.
o Label what the rectangular shapes in the entry sign planting bed are, either in the
legend or via note.
Recommendation:
Make the noted adjustments and clarifications to the landscape plans and submit for review.
Hoisington Koegler Group, Inc.
Sarah Evenson, PLA (MN)
City of Lake Elmo Municipal Landscape Architect
P: (262) 391-7653
E: Sarah@hkgi.com
A great place to live, work and play…today and tomorrow
North Shop | 11660 Myeron Road North | Stillwater, MN 55082-9537
P: 651-430-4300 | F: 651-430-4350 | TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
PUBLIC WORKS
Wayne Sandberg, P.E., Director, County Engineer
Frank D. Ticknor, P.E., Deputy Director
February 16, 2023
Sophia Jensen
City Planner
City of Lake Elmo
3880 Laverne Avenue
Lake Elmo, MN 55042
Comments on Wildflower Twinhomes Preliminary PUD Application
Dear Sophie Jensen,
Thank you for the opportunity to review and provide comments on the Preliminary PUD for the proposed Wildflower
Twinhomes development. We are grateful for the City of Lake Elmo’s partnership on this project. Our development
review team has reviewed the sketch plans and offers the following comments:
The County may, in the future as conditions warrant, prohibit, regulate, or modify various traffic movements as
to egress and access by means of signing, road modifications or construction, or geometric changes within the
road system, such as the installation of a signal at the intersection of CSAH 14 and 39th Street N. This may
require the dedication of additional right-of-way.
The County is interested in the stormwater design and the potential for any stormwater impacts on CSAH 14.
The City should condition the development to ensure there are no stormwater impacts on CSAH 14.
Thank you again for this opportunity to comment on the preliminary PUD for Wildflower Twinhomes. If you have any
questions, please get in touch with me at 651-430-4307 or daniel.elder@co.washington.mn.us
Sincerely,
Daniel Elder
Planner II
Cc (email only):
Wayne Sandberg, Public Works Director/County Engineer
Frank Ticknor, Deputy Director Public Works
Lyssa Leitner, Public Works Planning Director
Joe Gustafson, Traffic Engineer
Kevin Peterson, Design Engineer
From:Sophia Jensen
To:Jenni Faulkner
Subject:FW: Preliminary PUD - Landucci Const.
Date:Friday, February 17, 2023 11:49:01 AM
Importance:High
For your report.
-----Original Message-----
From: Katie Shaw <gaabshaw@yahoo.com>
Sent: Friday, February 17, 2023 11:48 AM
To: Sophia Jensen <SJensen@lakeelmo.org>
Subject: Preliminary PUD - Landucci Const.
Caution: This email originated outside our organization; please use caution.
I am a resident in the Wildflower subdivision, and it was just brought to our attention that a public hearing is
planned on Feb 27 regarding a preliminary PUD application by Landucci Construction on 39th Street.
I am opposed to the idea of rental units in this area. First, Lake Elmo has a variety of existing rental options. Second,
it would be consistent to the aesthetics of our area to have this property developed as residential, not rental. The
investment that the Engstrom Company has made to Lake Elmo deserves equally high standards for this abutting
property.
I urge the City to deny this PUD request on 39th Street.
Thank you,
Catherine Shaw
11397 Wildflower Dr
Lake Elmo
From: Sophia Jensen <SJensen@lakeelmo.org>
Sent: Thursday, February 23, 2023 4:21 PM
To: Jenni Faulkner; Nathan Fuerst
Subject: FW: Preliminary PUD and Plat - Landucci Construction twin home
Nathan and Jenni,
Please have printed copies of this public comment too. It just came in today.
Thanks,
Sophia Jensen
City Planner
City of Lake Elmo
3800 Laverne Ave N
Lake Elmo, MN 55042
651-747-3911
From: Don Place <dfplace@hotmail.com>
Sent: Thursday, February 23, 2023 4:20 PM
To: Sophia Jensen <SJensen@lakeelmo.org>
Cc: Charles Cadenhead <CCadenhead@lakeelmo.org>; Imcginn@lakeelmo.org; Jeff Holtz
<JHoltz@lakeelmo.org>; Katrina Beckstrom <KBeckstrom@lakeelmo.org>; Matt Hirn
<MHirn@lakeelmo.org>
Subject: Preliminary PUD and Plat - Landucci Construction twin home
Caution: This email originated outside our organization; please use caution.
The Wildflower at Lake Elmo Board of Directors requests the council require two changes to the
Twin Home development proposal by Landucci Construction:
1. The name of the development should not include "Wildflower". Wildflower at Lake
Elmo is a very different type of development, with a character unlike that of the
proposed twin homes. Use of the Wildflower name for the Landucci project is
misleading, and would likely confuse twin home residents into thinking that there is a
connection between the developments, their developers and the Wildflower at Lake
Elmo Community Association (HOA).
2. There exists a natural barrier between the neighborhoods that should
remain. Established trees exist and mark a clear separation between the
developments. Removing these trees reduces the distinct difference between the two
neighborhoods.
Please consider our proposals in your review of the Landucci Construction development.
Board of Directors, Wildflower at Lake Elmo Community Association
From:Sophia Jensen
To:Jenni Faulkner
Subject:Fwd: Landucci Develpors
Date:Monday, February 20, 2023 12:24:03 PM
Landucci Comment below.
Sophia Jensen
City Planner
City of Lake Elmo
3800 Laverne Ave N
Lake Elmo, MN 55042
651-747-3911
From: Kathy Bush <bush11140@yahoo.com>
Sent: Sunday, February 19, 2023 7:48:44 PM
To: Sophia Jensen <SJensen@lakeelmo.org>
Cc: Larry Bush <klwb352@yahoo.com>; Kathy's <bush11140@yahoo.com>
Subject: Landucci Develpors
Caution: This email originated outside our organization; please use caution.
>>> Dear Sir or Madam,
>>>
>>> It is my understanding that Landucci Developers have requested permission to build twin homes
on 39th Street. (PID # 13.029.21.21.0009)
>>>
>>> The development entrance is from 39th street, opposite Lake Elmo Bank. The proposal is for
30 rental units (15 Twin Home buildings). The builder proposes to remove ALL the trees which
currently separate Wildflower's Sunflower Dr., and the new development. The builder would
replace those trees with a variety of plantings.
>>>
>>> We would like to request that all the trees that are currently planted STAY IN PLACE in order
to provide a screen between the street and the new structures and preserve the current ambiance. If
you wish you could add additional trees but by no means should the current trees be removed.
In our opinion the priority of the council should be with current property tax paying residents than
permitting this type of change for the builder of rental property.
>>>
>>> Please notify us of the final results to the proposed building site.
>>>
>>> Thank you
>>> Larry and Kathy Bush
>>> 11314 Sunflower Lane N
>>> Lake Elmo, Mn 55042
Sent from my iPhone
From:Sophia Jensen
To:Jenni Faulkner
Subject:Fwd: Public Hearing 2/27/2023
Date:Monday, February 20, 2023 12:23:40 PM
Public comment for Landucci is below, I’ll be sending another one shortly.
Sophia Jensen
City Planner
City of Lake Elmo
3800 Laverne Ave N
Lake Elmo, MN 55042
651-747-3911
From: Dick Hartshorn <srhartshorn@gmail.com>
Sent: Saturday, February 18, 2023 8:40:41 AM
To: Sophia Jensen <SJensen@lakeelmo.org>
Subject: Public Hearing 2/27/2023
Caution: This email originated outside our organization; please use caution.
As a resident of Sunflower Lane N I live next to the proposed development at PID#
13.029.21.21.0009. I understand that the developer proposes to remove all the trees from
this lot as part of the development and this is of great concern to me as it will completely
change the view from my home. Trees, especially mature trees, not only provide a habitat
for wildlife and help in the fight against climate change, but in this case also form a needed
screen. I believe this will be of benefit to residents of both the proposed development and
the Wildflower development. I hope the City Council will take these comments into
consideration at the hearing that I unfortunately am unable to attend in person. Thank you.
Stephen Hartshorn
11418 Sunflower Ln N, Lake Elmo, MN 55042
From: Sophia Jensen <SJensen@lakeelmo.org>
Sent: Monday, February 27, 2023 7:57 AM
To: Nathan Fuerst
Cc: Jenni Faulkner
Subject: FW: Twin Home Development on 39th St. & Wildflower Drive
Public Comment - Landucci
From: Michelle Chickett <michelle.chickett@me.com>
Sent: Sunday, February 26, 2023 1:10 PM
To: Sophia Jensen <SJensen@lakeelmo.org>
Subject: Twin Home Development on 39th St. & Wildflower Drive
Caution: This email originated outside our organization; please use caution.
Ms. Jenson,
We are not sure that we will be able to attend the February 27 City Council meeting so I am
sending these comments on behalf of my sister Pamela Chickett, brother Michael Chickett and
myself who all reside at 11374 Blazingstar Ln in the Wildflower development.
Concerns/questions:
-sufficient infrastructure, especially water
-school crowding, Lake Elmo Elementary and others
-stability of rental property vs. home ownership (mobile vs. stable)
-possibility of short term rentals (Airbnb, VRBO and other)
-congestion of people and automobiles (completion of phase 4 of Wildflower, Arbor Glen, Lake
Elmo Elementary School, new fire station, pre-school/daycare, future volleyball venue, local
businesses and the Preserve and Legacy developments)
-proposed size of townhomes; will they all look alike or a variety of exteriors?
-parking: number of garages per unit (attached vs. detached)
-hard surface vs. pervious (parking lot?)
-professional management/on-site management?
-private amenities?
While we realize the importance of and welcome a variety of housing to meet a variety of needs,
we feel that we must remember why people want to live in Lake Elmo: most notably, a sense of
small town living, respect for nature/open space and a feeling of camaraderie. Although we
realize and respect that there are a variety of opinions pro and con development, we would hope
that any new development respects those values that attract people to Lake Elmo.
Thank you.
The Reserve Building
724 Bielenberg Drive, #19
Saint Paul, MN 55125-2620
Telephone: 651.894.6800
Web: www.ploen.com
E-mail: sploen@ploen.com
February 26, 2023
Via Electronic Mail with Confirmation by First Class Mail
Mr. Nathan Landucci
Wildflower Twinhomes, LLC
c/o Landucci Construction, Inc.
13230 20th St Ct N.
Stillwater, MN 55082
E-mail: <landucnl@hotmail.com>
Dear Mr. Landucci:
This firm represents Wildflower at Lake Elmo, Inc. ("Wildflower"), a Minnesota not-for-
profit corporation established in 2015. Via its predecessor-in-interest Robert Engstrom
Companies, Inc. ("Engstrom"), Wildflower owns Minnesota state trademark registration no.
807912600038 for the mark WILDFLOWER AT LAKE ELMO, registered with the Office of
the Minnesota Secretary of State on January 26, 2015. A copy of the registration certificate for
the trademark is attached.
Wildflower has used the WILDFLOWER AT LAKE ELMO trademark, as well as the
shortened form WILDFLOWER, continuously since November, 2014 in connection with
designing, developing and constructing a master-planned residential community in Lake Elmo,
Minnesota; additional information about the community may be found at
<https://wildflower.engstromco.com>. Since its establishment, the WILDFLOWER AT LAKE
ELMO neighborhood has received wide recognition as a high-quality development of single-
family homes, including having been named the "Best New Residential Development in the
Twin Cities" in 2017 by the Builders Association of the Twin Cities. The neighborhood's homes
continue to be the subject of strong consumer demand, and Wildflower recently opened its 4th
addition for development.
Given Wildflower's substantial investment in establishing, developing, and protecting its
rights in the WILDFLOWER AT LAKE ELMO trademark, you will understand that the
corporation polices those rights against third parties who are using trademarks that, whether
deliberately or inadvertently, cause confusion amongst consumers or otherwise injure the
valuable goodwill associated with the WILDFLOWER AT LAKE ELMO trademark.
Wildflower thus was troubled to learn of Wildflower Twinhomes, LLC's ("Wildflower
Twinhomes") purchase of Washington County property no. 13.029.21.21.0009 (the "Property")
in Lake Elmo, Minnesota. Wildflower also was troubled to learn that Wildflower Twinhomes,
via a related entity, Landucci Construction, Inc. ("Landucci"), is seeking permission to construct
thirty single-family twinhomes on the Property in what Landucci describes as "our Wildflow er
Mr. Nathan Landucci
February 26, 2023
Twinhomes residential project." (February 2, 2023 letter from Landucci to City of Lake Elmo
Planning Commission.)
Wildflower's concerns arise, of course, from the fact that the Property immediately
adjoins the WILDFLOWER AT LAKE ELMO development. As you may know, the federal
Lanham Act and various other state and federal trademark and unfair competition statutes ,
including Minn. Stat. §333.28, prohibit all use of any trademark that would cause confusion or
mistake with another party’s trademark or that would wrongfully imply an affiliation with the
trademark’s owner. Specifically, Minn. Stat. §333.28 provides that:
any person who shall use without the consent of the registrant any mark on or in
connection with rendering of services, selling, offering for sale, or advertising of any
goods or services, which mark is identical to or so similar to the registered mark as to be
likely to cause confusion or mistake on the part of a purchaser of the goods or services or
to deceive such a purchaser as to the source or origin of the goods or services …shall be
liable to a civil action by the owner of such registered mark for any or all of the remedies
provided in §333.29.
Those remedies include injunctive relief and "either or both of the following: (1) all profits
derived from the wrongful manufacture, use, display, or sale; or (2) all damages suffered by
reason of the wrongful manufacture, use, display, or sale." Minn. Stat. §333.29.
Wildflower Twinhomes' and Landucci's use of the trademark WILDFLOWER
TWINHOMES, or any other trademark consisting of or containing the word WILDFLOWER, on
a single-family twinhomes development immediately adjacent to the WILDFLOWER AT LAKE
ELMO development will lead consumers to believe that your development is part of the
WILDFLOWER AT LAKE ELMO development or that Wildflower has endorsed, sponsored or
is otherwise affiliated with you and your activities, and will cast doubt as to the ownership of the
valuable WILDFLOWER AT LAKE ELMO trademark.
Thus, Wildflower respectfully insists that you, along with any partners, affiliates
and related entities, immediately cease and desist from all further unauthorized use of the
trademark WILDFLOWER TWINHOMES, or any other trademark consisting of or
containing the word WILDFLOWER, on or in connection with any residential
development project in or around Lake Elmo, Minnesota. Wildflower also demands that, for
the avoidance of confusion amongst government officials, building-supplies vendors, building
contractors, and potential tenants or homebuyers, Wildflower Twinhomes, LLC immediately
change its trade name to remove all use of the word "Wildflower" or any similar term from such
name.
Mr. Nathan Landucci
February 26, 2023
Unless and until you provide Wildflower with written confirmation of your compliance
with the foregoing demands, our client will consider pursuit of all available remedies against
your activities, which remedies are expressly stated to include taking appropriate action to
protect Wildflower's rights in a court of law and seeking (i) injunctive relief, (ii) the various
forms of financial damages provided for in Minn. Stat. §333.29, and (iii) its attorneys’ fees and
costs.
In order to ensure that the likelihood of consumer confusion is eliminated as quickly as
possible and to minimize the damage to Wildflower's rights, we expect to receive your written
confirmation of your compliance with these demands by no later than Friday, March 3.
This letter is not intended, nor shall it be construed, as a full statement of all the facts and
circumstances relating to this matter. Nothing contained in this letter is intended as or should be
deemed to be a waiver or reduction of any rights, claims, defenses, or remedies that Wildflower
may have with respect to this matter, all of which are expressly reserved. We look forward to
your timely response.
Yours sincerely,
Sean Ploen
cc: Board of Directors, Wildflower at Lake Elmo, Inc.
City of Lake Elmo City Planner
City of Lake Elmo City Council
Enclosure – trademark registration certificate
I, Steve Simon, Secretary of State of Minnesota, do certify that: The proposed name
holder listed below has on the date listed below filed an application for the registration of
the mark described below. Registration of this mark is granted to the proposed name
holder under the terms and subject to the limitations of Minnesota Statutes, Chapter 333.
The proposed name holder claims the date listed below as the date of first use of the mark
in this state, and the attached drawing, print representation is a true and correct specimen
of the mark.
Name of Holder/Proposed:Robert Engstrom Companies
Description of Mark:Wildflower at Lake Elmo
Date of First Use in this State:11/16/2014
Classification of Mark:35
Mark Number:807912600038
The certificate has been issued on:1/26/2015
Steve Simon
Secretary of State
State of Minnesota
Office of the Minnesota Secretary of State
Certificate of Registration
1
Nathan Fuerst
From:Jenni Faulkner
Sent:Monday, March 13, 2023 11:42 AM
To:Nathan Fuerst
Subject:FW: Demand Letter Concerning Unauthorized Use of WILDFLOWER TWINHOMES Trademark
Attachments:Demand letter to Wildflower Twinhomes.pdf
FYI- can you add to public comments for the Council packet?
Jenni Faulkner
Senior Planner
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337
(952) 890-0509 ext 4165
cell (952) 378-6354
Bolton-Menk.com
From: Sophia Jensen <SJensen@lakeelmo.org>
Sent: Monday, March 13, 2023 11:19 AM
To: Jenni Faulkner <jenni.faulkner@bolton-menk.com>
Subject: FW: Demand Letter Concerning Unauthorized Use of WILDFLOWER TWINHOMES Trademark
FYI-
From: Sean Ploen <sploen@ploen.com>
Sent: Monday, March 13, 2023 11:16 AM
To: landucnl@hotmail.com
Cc: Wildflower Administrator <wildflowerlemn@gmail.com>; Sophia Jensen <SJensen@lakeelmo.org>; Charles
Cadenhead <CCadenhead@lakeelmo.org>; Lisa McGinn <LMcGinn@lakeelmo.org>; Jeff Holtz <JHoltz@lakeelmo.org>;
Katrina Beckstrom <KBeckstrom@lakeelmo.org>; Matt Hirn <MHirn@lakeelmo.org>
Subject: Re: Demand Letter Concerning Unauthorized Use of WILDFLOWER TWINHOMES Trademark
Caution: This email originated outside our organization; please use caution.
Dear Mr. Landucci:
I have received no acknowledgement of or response to my letter of February 26, a further
copy of which is attached. There has been no public indication from Landucci Construction, Inc.
that it has abandoned its stated plan to construct a community of twinhomes in Lake Elmo,
Minnesota under the trademark WILDFLOWER TWINHOMES, and I also note that according to
the online records of the Minnesota Secretary of State, Wildflower Twinhomes, LLC continues to
do business under that trade name.
You don't often get email from sploen@ploen.com. Learn why this is important
2
I am again copying the Lake Elmo city planner and council members on this further letter,
because apart from any legal considerations, your silence and non-responsiveness send a disturbing
message about the extent to which Landucci Construction is – or is not – responsive to the
reasonable concerns of immediate neighbors. It's one thing to disagree in good faith, but another
thing altogether simply to ignore people who will be immediately affected by one's plans. Is this
how Landucci Construction will behave when other concerns arise about the planned
development?
As to the trademark dispute, the facts noted above demonstrate an apparent intention by
Landucci Construction to continue infringing the rights of Wildflower at Lake Elmo, Inc. in the
WILDFLOWER AT LAKE ELMO and WILDFLOWER trademarks. I strongly encourage you to
consult with qualified counsel concerning this matter at your earliest opportunity, as continued
infringement even after having been made aware of a third party's rights in a particular trademark is
the single factor most likely to result in a judicial award of financial damages and attorneys' fees
against an infringer.
This no longer is a situation in which Landucci Construction and Wildflower Twinhomes
may claim to be 'innocent' infringers who are acting in good faith without knowledge of a third
party's trademark rights; instead, the infringement now is what courts in Minnesota deem to be
"deliberate" or "willful" infringement. Champagne Louis Roederer v. J. Garcia Carrion, et al., No.
06-213, 2010 WL 3200034, *37 (D. Minn. Aug. 10, 2010) (“A case is exceptional if the infringer's
actions were malicious, fraudulent, deliberate, or willful,” and awarding attorneys' fees on that
basis); see also Porous Media Corp. v. Pall Corp., 110 F.3d 1329, 1341 (8th Cir. 1997) (upholding
attorney fee award where defendant's conduct was “deliberate and willful”) and 3M Co. v.
Mohan, No. 09-cv-01413, 2010 WL 5095676, at *1 (D. Minn. Nov. 23, 2010) (awarding attorney'
fees because "Defendant's actions with respect to 3M's trademarks establish deliberate and willful
infringement").
To be clear, my client would prefer not to litigate this matter, but like every trademark
owner, it has a legal obligation to protect its rights and to prevent consumers from being confused,
and so it will do so if Landucci Construction insists upon continuing its present course of action.
If the foregoing facts lead Landucci Construction to reconsider its use of the
WILDFLOWER TWINHOMES trademark, please let me know at your very earliest
convenience. Otherwise, please identify Landucci Construction's counsel so that service of process
may be arranged.
Sincerely,
Sean Ploen
_____________________________
Sean Ploen
Ploen Law Firm, PC
724 Bielenberg Drive, #19
Saint Paul, MN 55125-2620
Telephone: (651) 894-6800
3
Fax: (651) 894-6801
E-mail: sploen@ploen.com
NOTICE: This message and any attachments to it are intended for the use of the addressee. This communication may contain
information subject to the attorney-client privilege or which is otherwise confidential. If you received the message in error, please
notify the sender immediately by telephone or e-mail, and thank you in advance for your cooperation.
On Sun, Feb 26, 2023 at 11:02 AM Sean Ploen <sploen@ploen.com> wrote:
To: Mr. Nathan Landucci
Dear Mr. Landucci:
Please see the attached correspondence, as it concerns an important legal matter with a
relatively short response deadline.
Sincerely,
Sean Ploen
_____________________________
Sean Ploen
Ploen Law Firm, PC
724 Bielenberg Drive, #19
Saint Paul, MN 55125-2620
Telephone: (651) 894-6800
Fax: (651) 894-6801
E-mail: sploen@ploen.com
NOTICE: This message and any attachments to it are intended for the use of the addressee. This communication may contain
information subject to the attorney-client privilege or which is otherwise confidential. If you received the message in error, please
notify the sender immediately by telephone or e-mail, and thank you in advance for your cooperation.
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-024
RESOLUTION APPROVING THE WILDFLOWER TWINHOMES PRELIMINARY 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, Landucci Construction, Inc., 13230 20th St. Ct. N., Stillwater, MN
55082 submitted application to the City of Lake Elmo (“City”) for a Preliminary Plat
and Planned Unit Development (PUD) for Wildflower Twinhomes, a copy of which is on
file in the City of Lake Elmo Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on
February 27, 2023 to review and consider a Preliminary Plat and Preliminary PUD
approval request; and
WHEREAS, the Lake Elmo Planning Commission, with lack of majority on a split
2-2 vote, failed to pass a motion recommending approval of the development request
to the City Council due to concerns regarding tree removals and suitability of the
deviations requested; and
WHEREAS, the City Council reviewed and approved the Preliminary Plat and
PUD Plan at its March 21, 2023 subject to conditions of approval.
WHEREAS, the City Council reviewed the Wildflower Twinhomes Preliminary
Plat and PUD Plan at its meeting held on March 21, 2023 and made the following
findings of fact:
1. That the 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 PUD Plan complies with the general intent of the Village -Mixed Use
zoning district with PUD modifications.
3. That the 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.
2
7. That the PUD Plan meets the minimum requirements for a PUD identified in
Section 105.12.1150 and items c, e, g and h from the Identified Objectives for
PUDs in Section 105.12.1130 as follows:
c. Establishment of appropriate transitions between differing land uses.
e. Accommodation of housing of all types with convenient access to
employment opportunities and/or commercial facilitie s; and especially
to create additional opportunities for lifecycle housing to all income and
age groups.
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.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Wildflower Twinhomes Preliminary Plat and PUD Plan subject to the
following conditions:
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 requisite author:
a. City Engineer’s memo dated February 15, 2023.
b. City Landscape Architect’s revised memo dated March 10, 2023.
c. City Fire Chief’s memo dated February 7, 2023.
2. 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.
3. 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.
4. Additional size, height, and area regarding the proposed monument sign shall
be submitted with final PUD application.
5. The applicant/developer is responsible, at their own expense, for installing all
required right of way improvements. Any improvements in Stillwater Boulevard
shall be consistent with Washington County standards.
6. A storm water maintenance and easement agreement in a form acceptable to
the City shall be executed and recorded with the final plat.
7. No stormwater impacts shall be created on CSAH 14 (Stillwater Boulevard).
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. The applicant/developer shall pay the City the required AUAR fee prior to
recording of the final plat.
3
10. A landscape and irrigation license agreement in a form acceptable to the City
shall be executed and recorded with the final plat.
11. Existing drainage and utility easements shall be vacated prior to recording final
plat.
12. Finalization, adoption, and publication of an overlay PUD district ordinance
shall occur before the recording of any future 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 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 21st day of March, 2023 by the City Council of the City of
Lake Elmo, Minnesota.
___________________________________
Mayor Charles Cadenhead
ATTEST:
____________________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. XX-YYY
AN ORDINANCE AMENDING CHAPTER 105 OF THE LAKE ELMO CITY CODE
OF ORDINANCES BY REZONING ALL PROPERTY AT PID 13.029.21.21.0009
FROM VMX (VILLAGE MIXED USE) TO VMX PUD (VILLAGE MIXED USE
PLANNED UNIT DEVELOPMENT)
SECTION 1. Zoning Map Amendment. The following property is hereby rezoned from
VMT – Village Mixed Use to VMX-PUD – Village Mixed Use Planned Unit Development:
Lot 2, Block 3, BROOKMAN 3RD ADDITION, according to the plat on file and of
record in the office of the County Recorder, Washington County, Minnesota, lying
Easterly of the following described line: Commencing at the Northwest corner of
said Lot 2; thence North 89 degrees 21 minutes 23 seconds East, assumed bearing,
along the North line of said Lot 2, 264.71 feet to the point of beginning of said
line; thence South 11 degrees 13 minutes 30 seconds West, 328.54 feet to the
South line ofsaid Lot 2 and said line there terminating, Washington County,
Minnesota.
SECTION 2. PUD District Regulations. Permitted uses and regulations acceptable to
the PUD are hereby established as follows:
1. Land Use – Use of the property shall be limited to Twinhomes for all of Wildflower
Twinhomes First Addition, Washington County, Minnesota.
2. Accessory Uses - Accessory uses shall be incidental to the principle use of this
property as described in Section 2.1 , above.
3. Bulk Standards – If not stated below, standards for this property shall be those found
in the Village Mixed Use (VMX) Zoning District, Article XIII of the Zoning Ordinance:
a. Minimum Lot Area:
i. 28 Small Units – 1,736 Square Feet
ii. 2 Large Units – 2,352 Square Feet
b. Minimum Lot Width – 28 feet
c. Maximum Impervious Cover (site wide) – 31 percent (less road and walkways)
d. Minimum Setbacks:
i. Front Yard (building to right of way line) – 25 feet
ii. Side Yard (building to building distance) – 10 feet
iii. Rear Yard (building to individual lot boundary) – 10 feet
iv. Maximum Height – 35 feet
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 ordina nce, 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 and publication in the official newspaper of the City of Lake Elmo.
SECTION 5. Adoption Date. This Ordinance XX-YYY was adopted on this ___
day of __________________, 2023, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
__________________________________
Charles Cadenhead, Mayor
ATTEST:
_____________________________________
Julie Johnson, City Clerk
This Ordinance XX-YYY was published on the ______ day of __________________,
2023