HomeMy WebLinkAboutPZ Packet 12-10-12
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, December 10, 2012 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. November 14, 2012
4. Public Hearing
a. CITY CODE AMENDMENT – SUBDIVISION ORDINANCE. The Planning
Commission will consider amendments to the Lake Elmo Subdivision Ordinance
(Chapter 153 of Lake Elmo City Code) pertaining to parkland dedication
requirements for the City’s new urban zoning districts. In addition, the Planning
Commission will consider other amendments to the Subdivision Ordinance to
bring it into conformance with recent changes to the Zoning Ordinance or to
otherwise bring the ordinance up-to-date for best practices for developing areas.
b. ZONING TEXT AMENDMENT – PLANNED UNIT DEVELOPMENT (PUD)
ORDINANCE. The Planning Commission will consider amendments to the City’s
PUD Ordinance (§154.070) to incorporate current best practices related to the
implementation of PUDs, as well as integrating the ordinance into the new
structure of the Zoning Code. Updates under consideration include sections
pertaining to review procedures, public amenities, and criteria for awarding
density bonuses.
5. Business Items
a. DALE-FRANDSEN SKETCH PLAN PROPOSAL – LENNAR HOMES. The
Planning Commission will receive a Sketch Plan presentation for a residential
subdivision from Lennar Home for the Dale-Frandsen property in the I-94
Corridor.
6. Updates
a. City Council Updates
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i. Massage Licensing Ordinance and Zoning Text Amendment for GB
District approved by the City Council on 12/4/12.
b. Staff Updates
i. Upcoming Meetings:
1. Planning Commission Workshop – December 18, 2012 @6:30pm
ii. Planning Commission Appointments and Terms
c. Commission Concerns
7. Adjourn
Lake Elmo Planning Commission Minutes; 11‐14‐12
City of Lake Elmo
Planning Commission Meeting
Minutes of November 14, 2012
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:02 p.m.
COMMISSIONERS PRESENT: Hall, Fliflet, Obermueller, and Williams;
COMMISSIONERS ABSENT: Haggard; and
STAFF PRESENT: Planning Director Klatt and City Planner Johnson
Approve Agenda:
The Commission accepted the agenda as presented.
Approve Minutes:
M/S/P: Obermueller/Williams motion to accept the minutes from the October 22, 2012
meeting as presented; motion carried: Vote: 2‐0 (Fliflet and Hall abstained).
Public Hearing: Variance – 8961 37th Street North; Terri Franzwa
Klatt introduced the variance by noting the two aspects of the Zoning Ordinance that
require variance, which are minimum lot size (R‐1 District) and minimum lot area for
septic.
In sharing the history of the lot, Klatt noted that a previous variance was granted for this
property in 2007 for the same two provisions. However, after two extensions, the
previous variance has expired. It is important to note that the lot in question is similar
or larger in size than the lots of the neighboring properties. The applicant would like to
construct a single‐family home on the lot. In addition, Klatt noted that the applicant has
provided a plan for a septic system to serve the home, including a primary and
secondary drainfield.
Klatt then explained the four criteria for granting a variance. He noted that Staff has
found that the proposed variance meets all of the criteria. Therefore, Staff is
recommending approval of the variance. Staff also recommends that the approval
contain a condition that the property shall connect to the municipal water system.
Obermueller asked if the neighborhood is served by City water.
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Lake Elmo Planning Commission Minutes; 11‐14‐12
Klatt noted that 37th Street is served by City water.
Williams asked if both primary and secondary drainfield sites have been tested.
Klatt noted that they have been tested and the applicant is awaiting approval of the
septic permit from Washington County. This approval is necessary for the approval of
the building permit.
Public Hearing opened at 7:18pm
No one spoke.
Public Hearing closed at 7:19pm
M/S/P: Hall/Fliflet, motion to recommend approval of the variance request with the
condition as drafted by Staff, motion carried unanimously: Vote: 4‐0.
Public Hearing: Variance – 794 Jasmine Avenue North; Gary and Richelle Jader
Johnson presented a report concerning a request from Gary and Richelle Jader for a
variance to construct an accessory building closer to the front property line than a
principal structure. He noted that the proposal involves the construction of a detached
garage for the purpose of storage of tools and equipment. Johnson reviewed the
current site conditions along with photographs of the property with the Planning
Commission.
Johnson presented findings drafted by Staff, and noted that the Staff found the
applicant was able to demonstrate compliance with all variance criteria from the Zoning
Ordinance.
Fliflet asked the status of the lot across from the applicant’s property. Johnson noted
that this lot is a vacant, buildable lot within Stonegate.
Obermueller asked if the applicant had identified a specific garage door height. Richelle
Jader distributed an elevation drawing depicting the garage. Obermueller asked if the
plans included lighting that complies with the City’s lighting ordinance. Johnson replied
that Staff would continue work with the applicant to ensure that the lighting complied
with the ordinance.
Gary Jader reported that three additional neighboring property owners have written
letters in support of the proposed variance. He submitted three letters for
consideration by the Planning Commission.
Public Hearing opened at 7:36 p.m.
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Lake Elmo Planning Commission Minutes; 11‐14‐12
Williams noted that the Commission received letters from Berniece and Dale Meyer,
Ron and Colleen Isrealson, and Gino and Peggi Monico, all noting that the plans were
deemed acceptable and that they supported the project.
No one spoke at the hearing.
Public Hearing closed at 7:37 p.m.
M/S/P: Fliflet/Obermueller, motion to recommend approval of the variance request
with the condition as drafted by Staff, motion carried unanimously: Vote 4‐0.
Public Hearing: Zoning Text Amendment – GB Zoning District; Therapeutic Message
Businesses
Johnson reviewed a staff report which recommended the adoption of a zoning text
amendment to change Therapeutic Message Businesses from a conditional to a
permitted use in the City’s GB – General Business zoning district. He noted that Staff is
recommending this action in conjunction with a proposal to require licensing for all
massage businesses in the community. Staff is suggesting that the proposed text
amendment not be acted upon by the City Council until the Council also considers the
massage licensing ordinance.
Williams asked what other service businesses are licensed by the City. Johnson noted
that the City presently licenses liquor establishments and animals. Klatt stated that
adult establishments are also required to secure a license from the City.
Williams expressed concern with the overall costs to the City to implement and oversee
a licensing program for massage businesses. Johnson replied that the City would be
charging a fee based on the expected review costs, and that most of these costs would
typically be associated with the initial review of a licensing request.
Public hearing opened at 7:45 p.m.
No one spoke.
Public Hearing closed at 7:45 p.m.
Obermueller noted that it would be more difficult to take enforcement action against a
business under a conditional use than it would be to deal with a business subject to
licensing requirements.
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Lake Elmo Planning Commission Minutes; 11‐14‐12
Hall noted that it is quite common for cities to regulate these types of businesses
through a licensing program. Any problems can typically be addressed much more
quickly through a licensing system.
M/S/P: Hall/Williams, motion to recommend approval of a zoning text amendment to
change therapeutic message from a conditional use to a permitted use subject to the
adoption of a licensing ordinance for these businesses, with a statement from the
Planning Commission noting their concern regarding the potential costs for monitoring
such a licensing program, motion carried unanimously: Vote 4‐0.
City Council Updates
The City Council approved the request for a Conditional Use Permit related to a grading
project at 9242 Hudson Blvd. Staff will work with the applicant to ensure that all
conditions associated with the approval are met.
The City Council interviewed two candidates for the Planning Commission at the
previous meeting. Three more interviews are scheduled for the next Council meeting.
Staff Updates
Justin Bloyer submitted his resignation from the Planning Commission. Staff is
anticipating that appointments to the four open spots on the Planning Commission will
be made in the next month.
Commission Concerns ‐ None
Adjournment at 7:56 p.m.
Respectfully submitted,
Nick Johnson
City Planner
Planning Commission
Date: 12/10/12
Business Item
Item: 4a
ITEM: PUBLIC HEARING: Consideration of Subdivision Ordinance Amendments
REQUESTED BY: Planning Department
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider text amendments to the Lake Elmo
Subdivision Ordinance to amend two sections of this code as follows:
• 153.12 Planned Unit Developments. The proposed amendments bring this section into
conformance with the proposed updates to the PUD Ordinance.
• 153.14 Public Land Dedication Requirements. The proposed amendments add the
new zoning districts to the dedication table and make other modifications to clarify the
intent of the ordinance.
The proposed amendments represent the first step at updating the City’s Subdivision Regulations
in order to bring these regulations up to date with the rest of the City Code. Staff will be reviewing
other portions of this ordinance as work continues on the Zoning Ordinance with the objective of
preparing for development within the City’s new urban districts.
ADDITIONAL INFORMATION
In preparation for the amendments that are being proposed, Staff reviewed several other
subdivision ordinances from developing communities and found that most were requiring that
10% of land be set aside for park purposes in residential districts. Lake Elmo has also used this
standard for its R-1 and higher density zoning districts. The other proposed revisions are
intended to clarify how cash contributed in lieu of park land dedication may be used.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the proposed
amendments to Chapter 153 – Subdivision Regulations as presented.
ORDER OF BUSINESS:
- Introduction ........................................................................ Kyle Klatt, Planning Director
- Report by staff .................................................................... Kyle Klatt, Planning Director
- Questions from the Commission ....................................Chair & Commission Members
- Open the Public Hearing ........................................................................................ Chair
- Close the Public Hearing ....................................................................................... Chair
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- Call for a motion .................................................................................... Chair Facilitates
- Discussion of Commission on the motion ............................................. Chair Facilitates
- Action by the Planning Commission ..............................Chair & Commission Members
ATTACHMENTS (1):
1. Draft Subdivision Text Amendment
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PROPOSED AMENDMENTS: CHAPTER 153 – SUBDIVISION ORDINANCE
LAKE ELMO PLANNING DEPARTMENT: 12/10/12
§ 153.12 PLANNED UNIT DEVELOPMENTS (P.U.D.).
(A) Upon receiving a report from the Planning Commission, the Council may grant a
varianceexceptions from the provisions of these regulations in the case of a Planned Unit
Development, as defined in the zoning code, provided that the Council finds that the proposed
development is fully consistent with the purpose and intent of these regulations and in
compliance with the Planned Unit Development objectives of Section 154.801.
(B) This provision is intended to provide the necessary flexibility for new land planning and
land development trends and techniques.
(1997 Code, § 400.13)
§ 153.14 PARK PUBLIC LAND DEDICATION REQUIREMENTS.
(A) Land dedication. Except as hereinafter provided, the owners of land being subdivided
shall dedicate a reasonable portion of the land to the city for public use as parks, playgrounds,
trails, or open space. The land dedication requirements shall not exceed the following
percentages of the total area being subdivided within various zoning districts.
(A) Dedication of Land for Park and Open Space Use. In all new subdivisions, a
percentage of the gross area of all property subdivided shall be dedicated for parks,
playgrounds, trails, public open space, or other public use. Such percentage shall be in
addition to the property dedicated for streets, alleys, waterways, pedestrian ways or
other public use pursuant to this chapter. The following schedule shall be applicable to
all subdivisions. This schedule is based upon density of the development allowed in
each district and is intended to equalize the amount and value of land dedicated for
parks per dwelling unit in the various districts.
Zoning Districts Maximum PercentageRequired Land
Dedication
R1, R2, R3, and R4 10%
RS, LDR, MDR, HDR 10%
RE 7%
RR and AG 4%
GB, LB, HB, BP, CB, and I 37%
C, CC, LC, VMX 7%
Formatted: Font: Italic
Formatted: Indent: Left: 21.75 pt, Hanging:
23.25 pt, Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left
+ Aligned at: 21.75 pt + Indent at: 39.75 pt,
Tab stops: 45 pt, Left + Not at 43.2 pt
Zoning Districts Maximum PercentageRequired Land
Dedication
RR and AG with OP Conditional Use Permit 7%
RR and AG with OP-A Conditional Use Permit 10%
(B) Land title. Park land dedications, which are not dedicated to the city on a plat, shall be
conveyed to the city by warranty deed free and clear of all liens or encumbrances. The
subdivider shall provide proof of title, in a form acceptable to the city, prior to the conveyance of
the property.
(C) Land acceptability. The city must approve the location and configuration of any park
land which is proposed for dedication and shall take into consideration the suitability of the land
and for its intended purpose; the future needs of the city for parks, playgrounds, trails, or open
space; and the recommendations of the city’s Parks Commission. The following properties shall
not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm
water drainage and retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council
determines that all of the following criteria are satisfied:
(a) Would be in the best interests of the general public;
(b) Would be valuable resource for environmental preservation, educational, or
habitat preservation purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the city as a result of
maintenance or preservation requirements.
(D) Cash Contribution in Lieu of Land Dedication. In lieu of the land dedication, the city
may elect to require the subdivider to contribute a cash equivalent payment to the city’s Park and
Open Space Fund, or may require the developer to satisfy the park land dedication requirement
by a combination of land and cash contribution. For all subdivisions, except residential
subdivisions resulting in 3 or fewer parcels, the maximum cash equivalent payment shall be an
amount equal to the fair market value of the percentage land dedication for the zoning district in
which the subdivided property is located. The city shall determine the fair market value of the
land by reference to current market data, if available, or by obtaining an appraisal from a
licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair
market value determination of the appraiser shall be conclusive. Maximum cash equivalent
payments for residential subdivisions resulting in 3 or fewer parcels shall be as determined from
Formatted: Font: Italic
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time to time by Council resolution.
(E) Payment of cash contribution. Cash contribution payments shall be made to the city
prior to final plat approval in those cases where the subdivision results in more than 3 lots, and
prior to the City’s approval of the deeds of conveyance in those cases where the subdivision will
result in 3 or fewer lots. Where there is a subdivision of property which has an existing
residential dwelling, no park dedication fee shall be required for the existing dwelling unit.
(F) Previously subdivided property from which a park dedication or cash in lieu
contribution has been received, upon resubdivision with the same number of lots, is exempt from
park dedication requirements. If, as a result of the resubdivision of the property, the number of
lots is increased, the park dedication or cash in lieu contribution shall be applied only to the net
increase in the number of lots.
(F) Park and Open Space Fund. Cash contributions received pursuant to this regulation
shall be placed in a separate fund by the city and used only for parks, playgrounds, trails, or open
space purposes.
(F) Any cash contribution so paid to the City shall be placed in a special fund. The money
shall be used only for: a) the acquisition and development or improvement of parks,
recreational facilities, playgrounds, trails, wetlands or open space based on the approved
park systems plan; b) redevelopment or rehabilitation of existing facilities or sites; or c) debt
service in connection with land previously acquired or improvements thereto previously
constructed. No funds shall be used for ongoing operation or maintenance of existing parks
or recreational facilities or sites.
(G) Lands designated for public use on Comprehensive Plan or official maps. Where all or
a portion of the area included in a proposed subdivision has been designated as a park,
playground, recreational area, proposed school site, or other public ground in the city’s
Comprehensive Plan or in an, official map adopted pursuant to the Comprehensive Plan, the
subdivider shall notify the appropriate governmental unit of the proposed subdivision of the
property. The notice shall be given prior to submittal of the development application to the city.
Prior to the city’s review of the preliminary plat, the subdivider shall advise the city in writing of
the status of the negotiations regarding the designated area.
(1997 Code, § 400.15) Penalty, see § 10.99
PUBLIC HEARING ITEM 4b – ACTION ITEM
Planning Commission
Date: 12/10/12
Item: 4b
Public Hearing
ITEM: Zoning Text Amendment – Planned Unit Development Ordinance
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
______________________________________
SUMMARY AND ACTION REQUESTED:
The Planning Commission is asked to review a zoning text amendment that would allow
for the addition of a new Planned Unit Development (PUD) Ordinance. The purpose of
the new ordinance is to implement best practices related to procedure, the incorporation
of public amenities, and a structured approach to density bonuses. In addition, the PUD
Ordinance is part of an ongoing effort to make significant improvements to the structure
and organization of the Zoning Code. Similar to the sewered residential and commercial
zoning districts, the PUD Ordinance will be incorporated into the new structure that Staff
has previously presented.
BACKGROUND INFORMATION:
As the City prepares for new sewered growth in the I-94 Corridor and Village, it is
important to update the Zoning Code to ensure that best practices of implementation are
utilized. The update of the PUD Ordinance is another step towards incorporating recent
best practices. For those less familiar with planned developments, or PUDs, the purpose
is to allow greater flexibility in the use of land and placement and size of building in
order to achieve higher quality development through the inclusion of various amenities
that the public deems important. In other words, projects are allowed additional
flexibility for the provision of site amenities that would otherwise not be included based
upon the standard procedures for development in the base zoning districts.
In the proposed PUD Ordinance, there are multiple changes from the existing PUD
Ordinance (§154.070). The changes or improvements include the following:
• The PUD procedure has been simplified and streamlined to reflect all types of
PUD proposals, as opposed to specific standards for each type of planned
development in the existing ordinance. The proposed ordinance has 3 phases:
General Concept Plan, Preliminary Plan and Final Plan, all of which would
need Planning Commission approval.
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PUBLIC HEARING ITEM 4b – ACTION ITEM
• The proposed ordinance includes a provision that requires at least 20% of the
site be set aside as open space. The existing ordinance encourages open
space, but does not specify a required amount.
• The proposed ordinance includes a more structured approach to awarding
density bonuses than the current ordinance. The existing PUD Ordinance
allows for a density bonus of up to 5%, but does not specify how the bonus is
achieved in any quantifiable way. The proposed ordinance allows for a bonus
up to 20%, but requires that the applicant include various site amenities (Table
15-2) to achieve density bonuses. Staff has determined that this is a more
effective approach in terms of evaluating proposed increases in density, as
well as getting more amenities in planned developments.
If approved, the proposed PUD Ordinance will be incorporated into the new organization
structure of the Zoning Code. Staff will continue to make updates to the Zoning Code
over the course of the next year to implement best practices and the new structure.
RECCOMENDATION:
Staff is recommending that the Planning Commission recommend approval of the
proposed PUD Ordinance through the following motion:
“Move to recommend approval of the proposed Planned Unit Development Ordinance
in order to make continued organizational improvements to the Zoning Code, as well
as incorporate recent best practices related to the execution of PUDs.”
ATTACHMENTS:
1. Proposed PUD Ordinance (§154.800)
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Open the Public Hearing ............................................................................. Chair
- Close the Public Hearing ............................................................................ Chair
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
ARTICLE 17. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
§154.800 Intent
§154.801 Identified Objectives
§154.802 Allowed Development
§154.803 Minimum Requirements
§154.804 Density
§154.805 Coordination with Other Regulations
§154.806 Phasing and Guarantee of Performance
§154.807 Control of Planned Unit Development
§154.808 Procedures for Processing a Planned Unit Development
§154.809 Application Requirements for General Concept Plan and Final Plan
§154.810 City Cost
§154.800 Intent
This article establishes the procedures and standards for the development of areas as unified, planned
developments in accordance with the intent and purpose of this zoning ordinance and the applicable
policies of the Comprehensive Plan. Because of the larger size of PUDs and to help achieve the
identified objectives for planned unit development sites, this article provides for flexibility in the use
of land and the placement and size of buildings in order to better utilize site features and obtain a
higher quality of development. Approval of a planned unit development shall result in a zoning change
to a specific PUD district, with specific requirements and standards that are unique to that
development.
§154.801 Identified Objectives
When reviewing requests for approval of a planned unit development, the City shall consider whether
one or more of the objectives listed below will be served or achieved. Planned unit developments
should not be allowed simply for the purpose of increasing overall density or allowing development that
otherwise could not be approved.
A. Innovation in land development techniques that may be more suitable for a given parcel than
conventional approaches;
B. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and
public facilities along corridors and in transitional areas;
C. Provision of more adequate, usable, and suitably located open space, recreational amenities
and other public facilities than would otherwise be provided under conventional land
development techniques;
D. Accommodation of housing of all types with convenient access to employment opportunities
and/or commercial facilities; and especially to create opportunities for senior and more
affordable housing options;
E. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities;
F. Preservation of historic buildings, structures or landscape features through adaptive reuse of
public or private preservation of land;
G. Coordination of architectural styles and building forms to achieve greater compatibility with
surrounding land uses;
H. Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and the promotion of energy resource conservation;
I. Allowing the development to operate in concert with a redevelopment plan in certain areas of
the City and to ensure the redevelopment goals and objectives will be achieved.
December 2012 17-1 Planned Unit Development
J. Higher standards of site and building design than would otherwise be provided under
conventional land development techniques; and
§154.802 Allowed Development
Uses within the PUD may include only those uses generally considered associated with the general land
use category shown for the area on the official Comprehensive Land Use Plan. Specific allowed uses
and performance standards for each PUD shall be delineated in an ordinance and development plan.
The PUD development plan shall identify all the proposed land uses and those uses shall become
permitted uses with the acceptance of the development plan. Any change in the list of uses approved
in the development plan will be considered an amendment to the PUD, and will follow the procedures
specified in Article 3, Administration, for zoning amendments.
A. Permitted uses. The PUD application shall identify all proposed land uses and those uses shall
become permitted uses upon the approval of the planned unit development.
B. Placement of structures. More than one principal building may be placed on a platted lot
within a planned unit development. The appearance and compatibility of buildings in relation
to one another, other site elements, and surrounding development shall be considered in the
review process.
C. Development intensity. The PUD may provide for an increase in the maximum gross floor area
or floor area ratio by up to twenty percent (20%) of that allowed in the base zoning district, for
the purpose of promoting project integration and additional site amenities.
D. Density. The PUD may provide for an increase in density of residential development by up to
twenty percent (20%) of that allowed in the base zoning district, for the purpose of promoting
diversity of housing types and additional site amenities. Additional residential densities of
varying levels will be awarded based upon the provision of a combination of various site
amenities outlined in Section 154.804.
E. Building setbacks. The PUD may provide for a reduction in or elimination of required setbacks
in the base zoning district, provided that a landscaped setback area of the minimum width
established for the base zoning district is maintained along the periphery of the adjacent
zoning district.
F. Lot requirements. The Council may authorize reductions in the area and width of individual
lots within a PUD from that required for the base zoning district, provided that such reductions
are compensated for by an equivalent amount of open space or other public amenities
elsewhere in the planned unit development. Any open space shall not include areas designated
as public or private streets. The plan may increase the maximum density beyond that
permitted in the base zoning district for the purpose of promoting an integrated project with a
variety of housing types and additional site amenities.
G. Other exceptions. As part of PUD approval, the Council is authorized to approve other
exceptions to the zoning controls applicable to the base zoning district, such as the maximum
height of structures or the minimum off-street parking requirements. Such exceptions shall
only be granted when they are clearly warranted to achieve the objectives identified in Section
154.801.
§154.803 Minimum Requirements
A. Lot area. A PUD must include a minimum of five (5) acres for undeveloped land or two (2)
acres for developed land within the approved development. Tracts of less than two (2) acres
may be approved only if the applicant can demonstrate that a project of superior design can be
achieved to meet one or more of the identified objectives listed in Section 154.801, or that
compliance with the Comprehensive Plan goals and policies can be attained through the use of
the PUD process. The Planning Commission shall authorize submittal of a PUD for a tract of
less than two acres prior to submittal of a general concept plan application.
December 2012 17-2 Planned Unit Development
B. Open space. For all PUDs, at least twenty percent (20%) of the project area not within street
rights-of-way shall be preserved as protected open space. Other public amenities may be
approved as an alternative to this requirement. Any required open space must be available to
the residents, tenants, or customers of the PUD for recreational purposes or similar benefit.
Land reserved for stormwater detention facilities and other required site improvements may be
applied to this requirement. Open space shall be designed to meet the needs of residents of
the PUD and the surrounding neighborhoods, to the extent practicable, for parks, playgrounds,
playing fields and other recreational facilities.
C. Street layout. In existing developed areas, 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.
§154.804 Density
The PUD may provide for an increase in density of residential development by up to twenty percent
(20%) of that allowed in the base zoning district. Applicants seeking increased residential density
through a Planned Unit Development are required to provide at least one (1) or a combination of site
amenities that equal the required amount of amenity points to achieve the desired density bonus.
A. Amenity Points and Equivalent Density Increases. Increases in density will be awarded through
a 1:1 ratio with amenity points. For every increase in amenity points for a Planned Unit
Development, the applicant will be allowed an equivalent amount of density increase, up to a
maximum increase of twenty percent (20%). Table 15-1 outlines the required amount of
amenity points to achieve various density increases.
Table 15-1: Amenity Points and Equivalent Density Increases
Amenity Points Density Increase
5 5%
10 10%
15 15%
20 20%
B. Site Amenities. Site amenities that are eligible for amenity points are listed in Table 15-2,
including the associated standards of implementation. Where the amenity does not meet all of
the standards required in Table 15-2, no points shall be awarded. Partial points for site
amenities shall not be awarded, except as otherwise allowed in Table 15-2.
Table 15-2: Site Amenities
Points Amenity Standards
10 Underground/Contained
Parking
Proposed underground or contained parking must fit into the
building footprint. The purpose of this amenity is to better
integrate parking into the site, as well as reduce impervious
surface. Surface parking outside of the footprint of the
structure must be reduced by seventy-five percent (75%) to
December 2012 17-3 Planned Unit Development
qualify. The facade of any parking areas above the finished
floor of the first level must match the architectural design of
the structure.
10 Historic Preservation
Preservation, rehabilitation or restoration of designated historic
landmarks in a manner that is consistent with the standards for
rehabilitation of the Secretary of the Interior as part of the
development.
10 Additional Open Space
A minimum of fifty percent (50%) of the site not occupied by
buildings shall be landscaped outdoor open space. A minimum
of fifty percent (50%) of the provided open space shall be
contiguous. Open space classifications that qualify may include
natural habitat, neighborhood recreation, trail corridors or
open space buffers.
10 Public Right-of-Way
Dedication
Dedication of land and construction of a public road, trail,
pathway, or greenway that is part of an approved City plan, but
outside the scope of the immediate project area. Right-of-way
improvements should be designed per the specification of the
City Engineer.
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Leadership in Energy
and Environmental
Design
The proposed development shall meet the minimum standards
for LEED Silver certification. The project does not have to
achieve actual LEED certification; however, the developer must
submit the LEED checklist and documentation to the City,
approved by a LEED Accredited Professional (LEED-AP), which
shows that the project will comply with LEED Silver
requirements.
5 Pedestrian
Improvements
A site and building design that allows for exceptional and
accessible pedestrian and/or bicycle access through and/or
around a site. The improvements shall use a combination of
trails, landscaping, decorative materials, access control and
lighting to create safe, clear and aesthetically pleasing
pedestrian facilities through and /or around the site that
comply with the Americans with Disabilities Act accessibility
requirements.
5 Adaptive Reuse Significant renovation, rehabilitation and adaptive reuse of an
existing building(s), rather than demolition.
5 Plaza
Plazas shall have a minimum area equivalent to ten percent
(10%) of the site not occupied by buildings, but not less than
two thousand (2,000) square feet. Plazas for commercial or
mixed-use development shall be open to the public during
daylight hours.
3 Enhanced Stormwater
Management
Provide capacity for infiltrating stormwater generated onsite
with artful rain garden design that serves as a visible amenity.
Rain garden designs shall be visually compatible with the form
and function of the space and shall include long-term
maintenance of the design. The design shall conform to the
requirements per the Minnesota Stormwater Manual and shall
meet the approval of the City Engineer.
3 Theming
Significant utilization of various elements of Theming consistent
with the 2013 Lake Elmo Theming Project, including but not
limited to signage, fencing, landscaping and site furnishings.
3 Natural Features Site planning that preserves significant natural features or
December 2012 17-4 Planned Unit Development
restores ecological functions of a previously damaged natural
environment.
1 Enhanced Landscaping
A Landscaping Plan of exceptional design that has a variety of
native tree, shrub and plan types that provide seasonal interest
and that exceeds the requirements of the Lake Elmo Design
Standards Manual. The landscaped areas should have a
resource efficient irrigation system. The Landscaping Plan shall
be prepared by a licensed landscape architect.
§154.805 Coordination With Other Regulations
A. Coordination with subdivision review. Subdivision review under the subdivision regulations
shall be carried out simultaneously with the review of the PUD. The plans required under this
Article shall be submitted in a form that will satisfy the requirements of the Subdivision
Ordinance for the preliminary and final plat.
B. Coordination with other zoning requirements. All of the provisions of this Chapter applicable
to the original district within which the Planned Unit Development District is established shall
apply to the PUD District except as otherwise provided in approval of the Final Plan.
§154.806 Phasing and Guarantee of Performance
A. Planning Commission role. The Planning Commission shall compare the actual development
accomplished in the various PUD zones with the approved development schedule.
B. Schedule extension. Upon recommendation of the Planning Commission and for good cause
shown by the property owner, the Council may extend the limits of the development schedule.
C. Phasing of amenities. The construction and provision of all of the common open space, site
amenities and public and recreational facilities which are shown on the final development plan
must proceed at the same rate as the construction of dwelling units, if any. The Development
Review Committee shall review all of the building permits issued for the PUD and examine the
construction which has taken place on the site. If they find that the rate of construction of
dwelling units is greater than the rate at which common open spaces, site amenities and public
and recreational facilities have been constructed and provided, they shall forward this
information to the Council for action.
D. Guarantees. A performance bond or letter of credit shall be required to guarantee
performance by the developer. The amount of this bond or letter of credit, and the specific
elements of the development program that it is intended to guarantee, will be stipulated in the
development agreement.
E. Changes during development period.
1. Minor changes in the location, placement and height of structures may be authorized by
the Development Review Committee if required by engineering or other circumstances not
foreseen at the time the final plan was approved and filed with the Planning Director.
2. Changes in uses, any rearrangement of lots, blocks and building tracts, changes in the
provision of common open spaces, and all other changes to the approved final development
plan may be made only under the procedures for zoning amendments, Article 3. Any
changes shall be recorded as amendments to the recorded copy of the final development
plan.
F. Rezoning to original district. If substantial development has not occurred within a reasonable
time after approval of the PUD Zoning District, the City Council may instruct the Planning
Commission to initiate rezoning to the original zoning district. It shall not be necessary for the
City Council to find that the rezoning was in error.
December 2012 17-5 Planned Unit Development
§154.807 Control of Planned Unit Development Following Completion
A. Final development plan controls subsequent use. After the certificate of occupancy has been
issued, the use of the land and the construction, modification or alteration of any buildings or
structures within the planned development shall be governed by the final development plan.
B. Allowed changes. After the certificate of occupancy has been issued, no changes shall be
made in the approved final development plan except upon application as provided below:
1. Any minor extensions, alterations or modifications of existing buildings or structures may
be authorized by the Development Review Committee if they are consistent with the
purposes and intent of the final plan. No change authorized by this Section may increase
the cubic volume of any building or structure by more than ten percent.
2. Any building or structure that is totally or substantially destroyed may be reconstructed
only in compliance with the final development plan unless an amendment to the final
development plan is approved under this chapter.
C. Amendment required for major changes. Any other changes in the final development plan,
including any changes in the use of common open space, must be authorized by an amendment
of the final development plan under the procedures for Zoning Amendments, Article 3.
§154.808 Procedures for Processing a Planned Unit Development.
There are four stages to the PUD process: application conference, general concept plan, preliminary
plan and final plan, as described below.
A. Application Conference. Upon filing of an application for PUD, the applicant of the proposed
PUD shall arrange for and attend a conference with the Planning Director. The primary purpose
of the conference shall be to provide the applicant with an opportunity to gather information
and obtain guidance as to the general suitability of his or her proposal for the area for which it
is proposed and its conformity to the provisions of this Article before incurring substantial
expense in the preparation of plans, surveys and other data.
B. General Concept Plan. The general concept plan provides an opportunity for the applicant to
submit a plan to the city showing his or her basic intent and the general nature of the entire
development without incurring substantial cost. The plan should include the following: overall
density ranges, general location of residential and nonresidential land uses, their types and
intensities, general location of streets, paths and open space, and approximate phasing of the
development.
C. Preliminary Plan. Following approval of the General Concept Plan, the applicant shall submit a
Preliminary Plan application and preliminary plat, in accordance with the requirements
described in Section 153.07. The application shall proceed and be acted upon in accordance
with the procedures in this ordinance for zoning changes.
D. Final Plan. Following approval of the Preliminary Plan, the applicant shall submit a Final Plan
application and final plat, in accordance with the requirements described in Section 153.08.
The application shall proceed and be acted upon in accordance with the procedures in this
ordinance for zoning changes. If appropriate because of the limited scale of the proposal, the
preliminary plan and final plan may proceed simultaneously.
E. Schedule for Plan Approval.
1. Developer presents the General Concept Plan to the Planning Commission for their review
and comment.
2. Within thirty (30) days after verification by the Planning Director that the required plan
and supporting data are adequate, the Planning Commission shall hold a public hearing,
with public notice.
3. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
December 2012 17-6 Planned Unit Development
4. The City may request additional information from the applicant concerning operational
factors or retain expert testimony at the expense of the applicant concerning operational
factors.
5. The Council may hold a public hearing after the receipt of the report and recommendations
from the Planning Commission. If the Planning Commission fails to make a report within 60
days after receipt of the application, then the City Council may proceed without the
report. The Council may approve the General Concept Plan and attach such conditions as it
deems reasonable.
6. Following approval of the General Concept Plan, the application may proceed to the
Preliminary Plan phase.
7. Developer presents the Preliminary Plan to the Planning Commission for their review and
comment.
8. Within thirty (30) days after verification by the Planning Director that the required plan
and supporting data are adequate, the Planning Commission shall hold a public hearing,
with public notice.
9. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
10. The City may request additional information from the applicant concerning operational
factors or retain expert testimony at the expense of the applicant concerning operational
factors.
11. The Council may hold a public hearing after the receipt of the report and recommendations
from the Planning Commission. If the Planning Commission fails to make a report within 60
days after receipt of the application, then the City Council may proceed without the
report. The Council may approve the Preliminary Plan and attach such conditions as it
deems reasonable.
12. Following approval of the Preliminary Plan, the application may proceed to the Final Plan
phase.
13. Developer presents the Final Plan to the Planning Commission for their review and
comment.
14. Within thirty (30) days after verification by the Planning Director that the required plan
and supporting data are adequate, the Planning Commission shall hold a public hearing,
with public notice.
15. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
16. The City may request additional information from the applicant concerning operational
factors or retain expert testimony at the expense of the applicant concerning operational
factors.
17. The Council may hold a public hearing after the receipt of the report and recommendations
from the Planning Commission. If the Planning Commission fails to make a report within 60
days after receipt of the application, then the City Council may proceed without the
report. The Council may approve the Final Plan and attach such conditions as it deems
reasonable.
§154.809 Application Requirements for General Concept Plan, Preliminary Plan and Final
Plan.
Ten copies of the following plans, exhibits and documents shall be submitted at both the General
Concept Plan stage, Preliminary Plan stage and the Final Plan stage.
A. Concept Plan Stage:
December 2012 17-7 Planned Unit Development
1. General information
a. The landowner’s name and address and his/her interest in the subject property.
b. The applicant’s name and address if different from the landowner.
c. The names and addresses of all professional consultants who have contributed to the
development of the PUD plan being submitted, including but not limited to attorney,
land planner, engineer and surveyor.
2. Present Status
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property and all lands
within 350 feet of the subject property.
c. A map depicting the existing development of the subject property and all land within
350 feet of the subject property and showing the location of existing streets, property
lines, easements, water mains, and storm and sanitary sewers, with invert elevations
on and within 100 feet of the subject property.
d. Site conditions: Where deemed necessary by the City, graphic reproductions of the
existing site conditions at a scale of one (1) inch equals one hundred (100) feet shall be
submitted and contain the following:
i. Contours; minimum five foot (5’) intervals.
ii. Location, type and extent of tree cover.
iii. Slope analysis.
iv. Location and extent of water bodies, wetlands, streams, and flood plains
within 300 feet of the subject property.
v. Significant
e. A written statement generally describing the proposed PUD and showing its relationship
to the City Comprehensive Plan.
f. Schematic drawing of the proposed development concept, including but not limited to
the general location of major circulation elements, public and common open space,
residential and other land uses.
g. Proposed design features related to proposed streets, showing right-of-way widths,
typical cross-sections, and areas other than streets including but not limited to
pedestrian ways, utility easements and stormwater facilities.
h. Statement of the estimated total number of dwelling units proposed for the PUD and a
tabulation of the proposed approximate allocations of land use expressed in acres and
as a percent of the total project area, which shall include at least the following:
i. Area devoted to residential use by building type.
ii. Area devoted to common open space.
iii. Area devoted to public open space and public amenities.
iv. Approximate area devoted to, and number of, off-street parking and loading
spaces and related access.
v. Approximate area, and floor area, devoted to commercial uses.
vi. Approximate area, and floor area, devoted to industrial or office use.
i. When the PUD is to be constructed in stages during a period of time extending beyond
a single construction season, a preliminary schedule for the development of such stages
December 2012 17-8 Planned Unit Development
or units shall be submitted stating the approximate beginning and completion date for
each such stage and overall chronology of development to be followed from stage to
stage.
j. The City may excuse an applicant from submitting any specific item of information or
document required in this stage which it finds to be unnecessary to the consideration
of the specific proposal.
k. The City may require the submission of any additional information or documentation
which it may find necessary or appropriate to full consideration of the proposed PUD.
B. Preliminary Plan Stage:
1. Preliminary plat and information required by subdivision title.
2. General information:
a. The landowner's name and address and his interest in the subject property.
b. The applicant's name and address if different from the landowner.
c. The names and addresses of all professional consultants who have contributed to the
development of the PUD plan being submitted, including but not limited to attorney,
land planner, engineer and surveyor.
d. Evidence that the applicant has sufficient control over the subject property to
effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy
and contractual interests held in or affecting the subject property and including an up-
to-date certified abstract of title or registered property report, and such other
evidence as the City Attorney may require to show the status of title or control of the
subject property.
3. Present Status:
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property and all lands
within 350 feet of the property.
c. A map depicting the existing development of the property and all land within 350 feet
thereof and indicating the location of existing streets, property lines, easements,
water mains and storm and sanitary sewers, with invert elevations on and within one
hundred feet of the property.
d. A written statement generally describing the proposed PUD and the market which it is
intended to serve and its demand showing its relationship to the City's Comprehensive
Plan and how the proposed PUD is to be designed, arranged and operated in order to
permit the development and use of neighboring property in accordance with the
applicable regulations of the City.
e. A statement of the proposed financing of the PUD.
f. Site conditions: Graphic reproductions of the existing site conditions at a scale of one
(1) inch equals one hundred (100) feet. All of the graphics should be at the same scale
as the final plan to allow easy cross-reference. The use of overlays is recommended
for ease of analysis.
i. Contours; minimum two foot (2’) intervals.
ii. Location, type and extent of tree cover.
iii. Slope analysis.
iv. Location and extent of water bodies, wetlands and streams and flood plains
within 300 feet of the property.
December 2012 17-9 Planned Unit Development
v. Significant rock outcroppings.
vi. Existing drainage patterns.
vii. Vistas and significant views.
viii. Soil conditions as they affect development.
g. Schematic drawing of the proposed development concept, including but not limited to
the general location of major circulation elements, public and common open space,
residential and other land uses.
h. A statement of the estimated total number of dwelling units proposed for the PUD and
a tabulation of the proposed approximate allocations of land use expressed in acres
and as a percent of the total project area, which shall include at least the following:
i. Area devoted to residential use by building type.
ii. Area devoted to common open space.
iii. Area devoted to public open space and public amenities.
iv. Approximate area devoted to streets.
v. Approximate area devoted to, and number of, off-street parking and loading
spaces and related access.
vi. Approximate area, and floor area, devoted to commercial uses.
vii. Approximate area, and floor area, devoted to industrial or office use.
i. When the proposed PUD includes increases in density of residential development above
the base zoning district, a statement describing the site amenities to be included
within the PUD, and demonstrating that the proposed site amenities sufficiently
achieve the desired density bonus. Applicant is required to demonstrate that all site
amenity standards have been met in order to be awarded increased density for
residential development.
j. When the PUD is to be constructed in stages during a period of time extending beyond
a single construction season, a schedule for the development of such stages or units
shall be submitted stating the approximate beginning and completion date for each
such stage or unit and the proportion of the total PUD public or common open space
and dwelling units to be provided or constructed during each such state and overall
chronology of development to be followed from stage to stage.
k. When the proposed PUD includes provisions for public or common open space or service
facilities, a statement describing the provision that is to be made for the care and
maintenance of such open space or service facilities.
l. Any restrictive covenants that are to be recorded with respect to property included in
the proposed PUD.
m. Schematic utilities plans indicating placement of water, sanitary and storm sewers.
n. The City may excuse an applicant from submitting any specific item of information or
document required in this stage which it finds to be unnecessary to the consideration
of the specific proposal.
o. The City may require the submission of any additional information or documentation
which it may find necessary or appropriate to full consideration of the proposed PUD.
C. Final Plan Stage. Development stage submissions should depict and outline the proposed
implementations of the general concept stage for the PUD. Information from the general
concept stage may be included for background and to provide a basis for the submitted plan.
The development stage submissions shall include but not be limited to:
December 2012 17-10 Planned Unit Development
1. A final plat and information required by the City’s subdivision ordinance.
2. Final plans drawn to a scale of not less than 1 inch = 100 feet (or a scale requested by the
Zoning Administrator) containing at least the following information:
a. Proposed name of the development (which shall not duplicate nor be similar in
pronunciation to the name of any plat heretofore recorded in the county where the
subject property is situated).
b. Property boundary lines and dimensions of the property and any significant
topographical or physical features of the property.
c. The location, size, use and arrangement including height in stories and feet and total
square feet of ground area coverage and floor area of proposed buildings, including
manufactured homes, and existing buildings which will remain, if any.
d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading
spaces and access aisles, and all other circulation elements including bike and
pedestrian; and the total site coverage of all circulation elements.
e. Location, designation and total area of all common open space.
f. Location, designation and total area proposed to be conveyed or dedicated for public
open space, including parks, playgrounds, school sites and recreational facilities.
g. The location of applicable site amenities, if any.
h. Proposed lots and blocks, if any and numbering system.
i. The location, use and size of structures and other land uses on adjacent properties.
j. Detailed sketches and provisions of proposed landscaping.
k. General grading and drainage plans for the developed PUD.
l. Any other information that may have been required by the Planning Commission or
Council in conjunction with the approval of the Preliminary Plan.
3. An accurate legal description of the entire area within the PUD for which final
development plan approval is sought.
4. A tabulation indicating the number of residential dwelling units and expected population.
5. Density calculations, including proposed density bonuses above the base zoning district. To
be granted increased density of residential development, the applicant must submit a
schedule of site amenities with proposed designs and standards. The applicant must
demonstrate that site amenity standards in Table 15-2 have been met to be rewarded
additional density.
6. A tabulation indicating the gross square footage, if any, of commercial and industrial floor
space by type of activity (e.g. drug store, dry cleaning, supermarket).
7. Preliminary architectural “typical” plans indicating use, floor plan, elevations and exterior
wall finishes of proposed building, including manufactured homes.
8. A detailed site plan, suitable for recording, showing the physical layout, design and
purpose of all streets, easements, rights of way, utility lines and facilities, lots, block,
public and common open space, general landscaping plan, structure, including mobile
homes, and uses.
9. Preliminary grading and site alteration plan illustrating changes to existing topography and
natural site vegetation. The Plan should clearly reflect the site treatment and its
conformance with the approved concept plan.
December 2012 17-11 Planned Unit Development
December 2012 17-12 Planned Unit Development
10. A soil erosion control plan acceptable to watershed districts, Department of Natural
Resources, Natural Resources Conservation Service, or any other agency with review
authority, clearly illustrating erosion control measures to be used during construction and
as permanent measures.
§154.810 City Costs
The applicant shall make a deposit of a fee escrow with the City for the purpose of reimbursing any
costs directly related to a given development. Such costs include but are not limited to professional
fees and expenses incurred by the City for consultants (including but not limited to planners,
engineers, architects and attorneys) who the City determines in its sole judgment are necessary to
assist in reviewing, implementing or enforcing the provisions of this article. The amount of the
deposit, and any addition to it that may the City may later require, shall be established by the Planning
Commission. The City and the applicant may agree to share the costs of consultants based upon a
specific written agreement. Any funds not used by the City shall be returned to the applicant at the
conclusion of the project.
Planning Commission
Date: 12/10/12
Business Item
Item: 5a
ITEM: Sketch Plan Review – Dale/Frandsen Properties
Lennar Homes Subdivision Proposal
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
Jack Griffin, City Engineer
Ryan Stempski, Assistant City Engineer
Mike Bouthilet, Public Works Director
Greg Malmquist, Fire Chief
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review a sketch plan related to a proposed residential
subdivision of property located along the I-94 Corridor in a manner that is consistent with the City’s future
land use map (as drafted). The sketch plan is being submitted by Lennar Homes, 16305 36th Avenue
North, Plymouth, Minnesota and consists of 186 single family homes and 131 multi-family units on 109
acres of land immediately to the west of Keats Avenue and north of Hudson Boulevard North. Lennar has
agreed to purchase a portion of the property owned by Dale Properties in this area, in addition to the 40-
acre former Mulligan Masters site currently owned by the Frandsen Bank and Trust.
The Lake Elmo Subdivision Ordinance specifies that as part of the pre-application process for a new
subdivision, the applicant must first submit a sketch plan for review by the Planning Commission. The
Ordinance notes that the purpose of the sketch plan review is as follows:
Sketch plan. In order to ensure that all applicants are informed of the procedural requirements
and minimum standards of this chapter and the requirements or limitations imposed by other city
ordinances or plans, prior to the development of a preliminary plat, the subdivider shall meet with
the Planning Commission and prepare a sketch plan which explains or illustrates the proposed
subdivision and its purpose. The Planning Commission shall accept the information received, but
take no formal or informal action which could be construed as approval or denial of the proposed
plat.
Based on this wording the Planning Commission is not being asked to take any formal action as part of its
review other than to accept the information received. Staff has completed an internal review of the sketch
plan, and general comments from Staff are either included as part of this memorandum or in the letters
attached by the City Engineer and Fire Chief.
BACKGROUND INFORMATION:
The proposed subdivision sketch plan from Lennar represents the first residential development that would
be constructed within one of Lake Elmo’s urban service areas and would be the first to be provided with
municipal sanitary sewer services. The overall concept plan for the area has been developed to conform
to the City’s recent Comprehensive Plan update for the I-94 Corridor, which has not yet been formally
adopted by the City since it is currently under review by the Metropolitan Council. Lennar will not be able
to submit a preliminary plat for any portion of the proposed development area until the Met Council review
is complete and the City is able to implement the I-94 corridor amendments.
The submission to the City includes the following components:
• Existing Conditions Plan. The existing conditions map that was submitted by the applicant
depicts the property that is included in the sketch plan (outlined with the blue dashed line) and
includes the owners all properties adjacent to the proposed development area. The portion of the
site currently owned by Dale Properties does not contain any existing improvements and is
currently used for agricultural purposes; the Frandsen site was formerly the home of the Mulligan
Masters golf practice facility which has been shut down for the past several years.
• Comprehensive Plan Map. Lennar has provided the Planning Commission with a copy of the
City’s proposed future land use map overlaid onto the sketch plan area. The Lennar property
includes land that is guided for low and medium density residential and also includes a small
portion of land guided as a buffer area from land to the north.
• Concept Sketch. The sketch plan includes a proposed configuration of roads, lots, and other
public spaces on the applicant’s site in addition to the general land use classification for
properties to the south of the proposed residential subdivision. Lennar has noted on the plan that
of the 186 single family lots shown, roughly half will be somewhat narrower than the others. All of
the proposed townhouses/multi-family units would be located on the Mulligan Masters (Frandsen)
property and immediately north of a planned commercial area. One of the key features of the
concept plan would be the construction of the first piece of the planned 5th Street collector road
that would serve as a backage road system to 10th Street and Hudson Boulevard.
• Multi-Family Detail. This detail provides a zoomed view of the multi-family portion of the sketch
plan with additional information concerning the setbacks and density proposed for this area. The
131 townhouses would include buildings with up to eight units, all of which would be accessed
from private driveways off of a loop road through the site.
• Buffer Sections – Stonegate Neighbors. The proposed Lennar subdivision will need to
accommodate the buffer areas depicted on the Comprehensive Plan update for this area. A plan
showing how a 100’ buffer could be provided is included with the sketch plan submission.
Because Dale Properties has agreed to sell an approximately 2-acre parcel to one of the adjacent
land owners within the Stonegate Subdivision, the proposed buffer areas, and the concept plan in
general, works around this parcel in the extreme northwest portion of the site.
• Collector Parkway Detail. Lennar has submitted a proposed concept for the design of the 5th
Street collector roadway, which includes a cross section of this roadway with the proposed
plantings, sidewalks, and berming could be placed within the right-of-way. This collector road is
planned to extend along the entire I-94 Corridor in Lake Elmo; therefore, the initial design of this
road segment is likely to have implications well into the future for the City. The City Engineer’s
comments include several recommendations for this roadway segment, including a
recommendation that the width of the right-of-way be set at 120 feet in order to accommodate all
necessary infrastructure.
The Staff review comments that follow are all based on conducting a very high level review of the concept
plan since there is not a lot of detailed information that is required at this stage in the development
process. Staff has instead focused on the bigger picture items and those things that would otherwise not
allow the development to move forward if they contrasted with elements from the Comprehensive Plan or
the City Code.
STAFF REVIEW COMMENTS
The City Engineer, with input from the Public Works Department and Fire Chief have reviewed the
proposed sketch plan and provided comments in the attached letters to the Planning Department. In
addition, Planning Staff have reviewed the plans and offer comments in the following areas:
• Land Use: The proposed sketch plan appears to conform to the City’s future land use plan for
this portion of the I-94 corridor. The bulk of the site is guided for low density residential at 2.5 to 4
units per acre with the remainder guided medium density residential at a density of 4.5 to 7 units
per acre. The overall sketch concept depicts the collector road as the boundary between the low
density and medium density areas, which is consistent with the language used in the
Comprehensive Plan update.
• Density: The proposed sketch plan includes calculations for both the gross (all of the land) and
net (once parks, open space, roads, and wetlands, etc. are removed) densities over the planning
area. In terms of net densities, the Lennar plan includes 2.92 units per acre in the low density
portions of the site and 8.40 units per acre in the multi-family areas. The 2.92 units per acre fall
with the low density range in the Comprehensive Plan, but the multi-family areas would be slightly
over the 7.5 units per acre at the maximum end of this category. This increase in a small portion
of the planning area would be allowed under a provision of the Comprehensive Plan that reads as
follows: “A variation in development densities is expected at the level of specific development
projects, but overall densities within a land use planning area must achieve the minimum levels
specified in the Lake Elmo Comprehensive Plan. In this case, the net density of 4.0 units per
acre falls within the range for the low density residential planning areas.
• Zoning. The City recently adopted new urban development districts, including urban low density
and urban medium density residential zoning districts. In general, the sketch plan has been
designed to comply with these recently adopted districts in regards to lot area, setbacks, and
other dimensional standards. Lennar has noted that the proposed 65-foot lot width shown for
some of the lots would not be allowed under the present code, and has asked that City consider
minor revisions to the residential zoning districts in order to allow for reduced minimum lots sizes
in certain zones. Staff is recommending that the City consider this particular change in the near
future since the clustering of smaller lots on a site can help preserve more land as open space
and is generally consistent with walkable neighborhood design standards.
• Other general zoning comments from Staff include the following:
o Single Family Areas
The average lot sizes of 9,100 and 10,500 square feet are well over the 8,000
square foot minimum.
o Multi-Family Areas
The average of 5,187 square feet per unit meets the minimum requirement of
4,000 square feet.
Maximum impervious coverage allowed is 50% of lot area
Single-family attached dwellings that do not have a minimum of 15’ of frontage
along a public street may be allowed as a conditional use according to
§154.454.G.2.
Townhouses shall be located on lots in such a way that each individual unit has a
minimum of fifteen (15) feet of street frontage. No parking shall be located in the
front yard or between the front façade and the street
Townhouses that do not meet the minimum requirements for frontage along a
street or that have frontage along a private street may be allowed as a
Conditional Use.
According to §154.454.G.6, common open space for use by all residents or
private open space adjacent to each unit shall be provided. Such open space
shall comprise a minimum of five hundred (500) square feet per unit. Given the
proposed 131 units, the common open space shall encompass a minimum of
65,500 square feet.
o Design Standards – Although the proposed design standard manual is still under
review, certain portions of the manual deal with the design of multi-family buildings,
including:
A1b: The setbacks of adjacent residential buildings should be varied to contribute
to an interesting streetscape, avoiding monotonous façade or wall depth.
A4a: Parking areas should be located to the rear, side or within primary building
whenever possible. Staff would encourage the applicant to consider accessing
the townhomes from the rear of the units if possible.
B1e: Garages should be recessed from the façade of the principal whenever
possible to draw visual attention away from parking areas.
B1f: If there are multiple garages within a structure, they should be varied in their
location to minimize the visual impact of a row of garage doors.
• Parks and Trails. The City’s Parks Plan identifies service areas for future neighborhood parks,
and one of these service areas is situated within the sketch plan area. The sketch plan identifies
an area for a neighborhood park in addition to a series of trails that extend throughout the
development. The City’s Subdivision would allow either land to be dedicated for park purposes or
a fee to be paid in lieu of dedication. Staff is recommending that the details concerning the land
or trails to be dedicated for park purposes be addressed at the time a preliminary plat is
submitted. The Park Commission will also be reviewing the proposed parks in and around this
development at its January 2013 meeting.
• Sidewalks and Trails. The sketch plan does not provide a lot of detail concerning sidewalks,
and shows only general locations for trails that will serve the development. Staff is
recommending, as a general rule, that the City require the provision of sidewalks on at least one
side of the street in all single family areas, and sidewalks on both sides of the street in multi-
family areas. Trails will need to be considered within the broader context of the park areas within
the development and as part of the multi-modal transportation network serving homes and
businesses around the site. Staff is also recommending that a 10-foot multi-use trail be provided
on the north side of the 5th Street collector road in addition t a sidewalk on the southern side of
this road.
• Buffer Areas. The applicant has shown a 100-foot buffer area on portion of the property that
abuts the Stonegate Subdivision. Staff would like to see this buffer zone extended across the
boundary of the “exception” parcel that will be sold to a property owner within Stonegate. The
current configuration of the buffer yard would also provide a less than optimal corridor for a public
trail since it would need to cross a residential street and would lead directly into a wetland on the
adjoining property. If a trail is provided in the buffer area, the City may consider this land part of
the required park dedication. Staff would like to see the trail depicted on the cross section for the
buffer areas.
• Subdivision Review Process. In order to proceed with the subdivision of the land included in
the sketch plan area the applicant will need to next prepare a preliminary plat application. At this
stage there is much more information required as part of the submission process, which also
requires a public hearing. Lennar has indicated that they would like to proceed with this review in
early 2013 with the objective of receiving final plat approval within the first half of next year.
• Phasing/Public Improvements. The comments from the City Engineer in the attached letter
include a discussion of public improvements. Although the proposed development area is located
within Phase I of the staging plan included as part of the Comprehensive Plan, services have not
yet been extended to any portion of the site. Sewer is located fairly close to the property, and
could be extended from the regional interceptor located within Eagle Point Business Park. Water
service will ultimately need to be provided via an extension of the Tablyn Park system over a
much greater distance along Inwood Avenue. Water service could be provided on a temporary
basis from an extension of the water supply within Eagle Point (which is connected to the City of
Oakdale system).
• Environmental Review. The development under sketch plan would exceed the levels
established under State Law for a mandatory environmental review. In this case, the developer
will need to complete an Environmental Assessment Worksheet (EAW) prior to receiving any final
approvals for the subdivision. Staff has met with the developer in order to review the
requirements to complete an EAW, and the City will being acting as the agency responsible for
completing this review (also known as the Responsible Government Agency or RGU).
• City Engineer Review. The review comments from the City Engineer are attached, and focus on
the following areas:
o Water. The initial connection to provide water could come from an extension of the
system presently within the Eagle Point Business Park. The City‘s water system plans
ultimately call for a looped system with a new line along Inwood Avenue.
o Sewer. Sanitary sewer service is available along Hudson Boulevard, although the
developer would need to construct a new lift station would be needed to serve portions of
the project area.
o Stormwater Management. The City Engineer notes that the proposed development
would be split between two watershed districts. It is not possible to fully review the
concept plans for conformance with the City’s storm water requirements given the level of
detail required at this stage.
o Streets. The review comments from the Engineer include some specific
recommendations for the design of roads throughout the project area. These
recommendations area are fairly specific since they are intended to help establish the
overall plan for streets and rights-of-way in the City’s urban residential districts.
• Fire Chief Review. Comments from the fire Chief are also attached, and include
recommendation that the roads within the development be designed in accordance with
Minnesota Fire Code standards.
While there are several comments from Staff that will need to be addressed by the applicant during the
next stages of the platting process, there appear to be no significant issues with the plans as proposed
that would prevent the developer from moving forward with a preliminary plat on the Dale/Frandsen
property. There are several additional steps that will need to happen in order for this development to
proceed, including formal adoption of the City’s Comprehensive Plan and the completion of an EAW for
the site.
RECOMMENDATION:
Staff is recommending that the Planning Commission accept the sketch plan provided by Lennar
Corporation for a 317 unit housing development that would be located on property owned by Dale
Properties and Frandsen Bank and Trust within the I-94 Corridor planning area.
ATTACHMENTS:
1. Existing Conditions Plan
2. Concept Sketch Plan
3. Multi-Family Detail
4. Lake Elmo Comprehensive Plan (for sketch plan area)
5. Buffer Sections – Stonegate Neighbors
6. Collector Parkway Detail
7. City Engineer/Public Works Review Comments
8. Fire Chief Review Comments
ORDER OF BUSINESS:
- Introduction ........................................................................ Kyle Klatt, Planning Director
- Report ................................................................................ Kyle Klatt, Planning Director
- Questions from the Commission ................................... Chair & Commission Members
- Public Comments (if appropriate) .......................................................................... Chair
- Action by the Planning Commission .............................. Chair & Commission Members
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PAGE 1 of 3
MEMORANDUM
Date: December 5, 2012
To: Kyle Klatt, Planning Director Re: Lennar‐I94 Corridor West
Cc: Nick Johnson, City Planner Dale‐Frandsen Properties
Ryan Stemspksi, P.E., Assistant City Engineer City of Lake Elmo
From: Jack Griffin, P.E., City Engineer
We have received a Sketch Plan submittal on November 21, 2012 for the above referenced development proposal
consisting of the following exhibits/documentation prepared by Westwood Professional Services, Inc.:
Concept Sketch dated November 21, 2012.
Collector Parkway Detail dated November, 2012.
Existing Conditions Plan dated November 21, 2012.
Multi‐Famliy Detail dated November 19, 2012.
Buffer Sections–Stonegate Neighbors dated November 21, 2012.
We have the following review comments:
MUNICIPAL WATER SUPPLY
Municipal water supply is available along Hudson Blvd. in the Eagle Point Business Park.
The applicant is responsible to extend the municipal water supply to the development site at developers
cost. The city’s practice has been to reimburse the developer for oversize costs for pipe sizes over 8‐inch
diameter.
Watermain distribution lines will need to be looped wherever reasonably possible. Maximum length of for
a watermain dead end is 600 feet.
Hydrant and valve placement will be made per city standards and as laid out by city staff.
Curb stops to be placed to edge of right‐of‐way.
Location of main in street [North or West].
MUNICIPAL SANITARY SEWER
Municipal sanitary sewer is available along Hudson Blvd. in the Eagle Point Business Park.
The applicant is responsible to extend the municipal sanitary sewer to the development site at developers
cost. The city’s practice has been to reimburse the developer for oversize costs for pipe sizes over 8‐inch
diameter.
A lift station and connecting forcemain will be required at developers cost to serve portions of the
proposed development. Placement to be determined via preliminary study.
Manhole and appurtenances will be made per city standards.
Location of main in street [Centerline].
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
PAGE 2 of 3
STORMWATER MANAGEMENT
The proposed development area resides within both the Valley Branch Watershed District (VBWD) and
the South Washington Watershed District (SWWD). City staff recommends early planning/coordination
meetings with these watershed districts.
The design of the storm water management systems must be compliant with the requirements of the
applicable watershed district and the City of Lake Elmo. It is the applicant’s responsibility to creatively
plan for adequate storm water ponding and infiltration facilities.
The storm water facilities should be platted as Outlots and deeded to the city for maintenance purposes.
Maintenance access roads must be provided for the storm water facilities including easements.
The city would be interested in a regional storm water management approach in this area to better plan
for higher intensity development. Consider this as potential mitigation measure during EAW review.
Location of main in street [South or East].
STREETS AND TRANSPORTATION
COLLECTOR STREET – 5TH STREET NORTH
The proposed collector street (5th Street) must intersect CSAH 19 (Keats Ave N) in accordance with
Washington County’s access spacing guidelines. The 5th Street and CSAH 19 intersection must therefore
be 1,320 feet north [¼ mile] of the Hudson Blvd and CSAH 19 intersection.
A secondary access point will need to be part of the development proposal since the completion of 5th
Street will be unlikely for some time. Secondary access seems feasible to Hudson Blvd.
The design of 5th Street, and its adjacent sidewalks and trails, must meet Municipal State Aid design
standards for urban streets (8820.9936) for ADT > 10,000 and over 40 mph.
Access spacing to 5th Street is allowed at 1/8 mile intervals for non‐continuous local streets, at ¼ mile
intervals for continuous local streets and collector streets, and at ½ mile intervals for streets with higher
classification.
The 5th Street horizontal and vertical curvatures must be designed for 45 mph speeds.
The center landscape median must be a minimum width to accommodate state aid compliant turn lanes
at intersections.
The north side of the road should have an off road separated shared use trail, minimum 10 feet wide.
Collector street utility easement corridors should be located within the right‐of‐way.
The minimum right‐of‐way width for 5th Street is 120 feet after meeting all state aid requirements for
lane widths, clear zones, and curb reaction distances and providing private utility easements.
Sufficient additional right‐of‐way must be provided at 5th Street and the secondary access road
intersection to Hudson Blvd. to accommodate a future roundabout intersection.
RESIDENTIAL STREETS
All residential streets shall be constructed to a 28 foot width from back of curb to back of curb using D412
concrete curb and gutter in single family residential areas and B618 curb in commercial and multi‐family
areas. Right‐of‐ways must be a minimum 60 feet.
Ten (10) utility easements are required on either side of the right‐of‐way.
Five (5) foot sidewalks must be provided along all continuous residential streets and along other streets as
may be required for connectivity. Sidewalks should be placed 7 feet from back of curb.
All street intersections must be at 90 degrees and maintain 100 feet of tangent with maximum slopes of
2% for first 100 feet.
Residential maximum longitudinal grade is 8% with no sidewalks, 6% where there are sidewalks.
PAGE 3 of 3
Minimum diameter cul‐de‐sac is 90 feet with 120 foot right‐of‐way.
Landscape median geometrics must accommodate maintenance and emergency vehicle access.
Applicants must demonstrate acceptable turning radii for all unique shaped center landscape medians at
cul‐de‐sacs.
Dead end streets will require temporary cul‐de‐sacs. Dead end streets must be placed where future
connectivity is likely. The applicant must demonstrate future connectivity scenario(s).
Design elements (ribbon curb, etc.) must be incorporated to clearly delineate public vs. private roads in
multi‐family areas.
Placement of public utilities within private streets should be avoided. The applicant must first consider the
construction of a public street meeting city standards if public utilities are needed.
Fire hydrants should be placed 5 feet back of curb.