HomeMy WebLinkAboutResolution 2010-036ARESOLUTION NO 2010-036A
A RESOL UTION APPR O VING AN OP —OPEN SPACE DEVELOPMENT CONCEPT PLAN
AND PLANNED UNIT DEVELOPMENT GENERAL CONCEPT PLAN RELATED TO A
SENIOR LIVING /FARM SCHOOL DEVELOPMENT
WHEREAS, Tammy Malmquist, 8549 Ironwood Trail North ("Applicant") has
submitted an application to the City of Lake Elmo ("City") for a OP — Open Space Development
Concept Plan and General Concept Plan for a Planned Unit Development (PUD), a copy of
which is on file in the Lake Elmo Planning Department; and
WHEREAS, the proposed OP — Open Space Development Concept Plan and General
Concept Plan for a PUD is to construct a senior living complex consisting of a multifamily
residential structure and separate townhouse units along with a farm-tbemed preschool that also
preserves an existing single family residence and farm outbuildings on a 24.4 acre parcel at 9434
Stillwater Boulevard North; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 11,
2010 and continued this hearing until its May 25, 2010 and June 14, 2010 meetings to consider
the OP Development Concept Plan and General Concept Plan for a PUD; and
WHEREAS, on June 14, 2010 the Lake Elmo Planning Commission adopted a motion to
recommend that the City Council approve the OP Development Concept Plan and General
Concept Plan for a PUD with conditions; and
WHEREAS, the Lake Elmo Planning Commission submitted its report and
recommendation to the City Council as part of a memorandum from the Planning Department
dated July 13, 2010; and
WHEREAS, the City Council reviewed the recommendation of the Planning
Commission and the OP Development Concept Plan and General Concept Plan for a PUD at a
workshop meeting held on July 13, 2010 and at its regular meeting on July 20, 2010.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
1) That the procedure for obtaining approval of said OP Development Concept Plan is found
in the Lake Elmo City Code, Section 150.182.
2) That the procedure for obtaining approval of said General Concept Plan for a PUD is
found in the Lake Elmo City Code, Section 154.074.
3) That all the requirements of said City Code Sections 150.182 and 154.074 related to the
OP Development Concept Plan and General Concept Plan for a PUD have been met by
the Applicant.
4) That the proposed Concept Plan would allow the construction of a senior living complex
consisting of a multifamily residential structure and separate townhouse units along with
a farm-themed preschool that also preserves an existing single family residence and farm
outbuildings on property legally described on the attached Exhibit "A" and commonly
known as 9434 Stillwater Boulevard North.
5) That the proposed OP — Open Space Development Concept Plan:
a) Is in conformance with the Comprehensive Plan for the City and that the uses
proposed are consistent with the RAD2 — Rural Agricultural Development (2 units
per acre) land use designation shown for the area on the official Comprehensive Land
Use Plan.
b) Satisfies the intent and purpose of City's land use, zoning, and subdivision
regulations, with certain exceptions to these regulations as permitted in accordance
with the City's PUD requirements.
c) Would not negatively affect the public health, safety, and general welfare of
occupants of surrounding lands.
6) That the proposed General Concept Plan for a PUD:
a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan.
b) Is consistent with the purpose of Section 150.175 et seq. of the City Code,
c) Complies with the development standards of Section 150.175 et seq. of the City
Code.
7) That the proposed PUD will allow a more flexible, creative, and efficient approach to the
use of the land than if the applicant was required to conform to the standards of the
existing zoning districts on this property.
8) That the uses proposed in the PUD will not have an adverse impact on the reasonable
enjoyment of neighboring property and will not be detrimental to potential surrounding
uses.
9) That the PUD is of sufficient size, composition, and arrangement that construction,
marketing, and operation are feasible as a complete unit, and that provision and
construction of dwelling units and open space are balanced and coordinated.
10) That the PUD will not create an excessive burden on parks, schools, streets, and other
public facilities and utilities, which serve or are proposed to serve the development.
11) That the PUD is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
1. Based on the foregoing, the Applicant's OP — Open Space Development Concept Plan and
General Concept Plan for a senior living complex consisting of a multifamily residential
structure and separate townhouse units along with a farm - themed preschool that also
preserves an existing single family residence and farm outbuildings is hereby approved,
subject to the following:
a. The Applicant shall provide the City with a statement of acknowledgement and consent
from the holder of the power line easement that runs along the northern portion of the
development site granting permission for the placement of a community septic system
and trails within. this easement. As an alternative, the Applicant may provide an
agreement that permits certain encroachments into the easement. The homeowner's
association must be made aware of any issues as part of its articles of incorporation that
could require future maintenance or repairs (or other actions that could have financial
implications) to the drainfield area because of its location within said easement.
b. The applicant shall submit a storm water and erosion and sediment control plan as part of
the preliminary plan submissions that complies with the City's recently adopted Storm
Water and Erosion and Sediment Control Ordinance.
c. All storm water facilities and access required as part of the Storm Water Management
Plan for the site that the City Engineer recommends be maintained by the City shall be
platted as outlots and deeded to the City. The size and location of the outlots shall be
sufficient to provide an adequate level of buffering from adjacent properties to the
satisfaction of the City Engineer. The pond areas shall be counted as part of the required
open space for the project.
d. In order to meet requirements for fire protection and adequate water service levels for the
proposed buildings, the utility plans shall provide for an adequately sized connection
back to an existing City water main. The plans for this connection will be subject to
review and approval by the City Engineer. The developer shall be responsible for all
costs associated with providing a minimum water service size of eight inches to an
existing main of a larger size. The final plans and financing, including any potential
oversizing above eight inches requested by the City, shall be included as part of a
developer's agreement for the project.
e. The applicant shall provide a secondary vehicular access to the proposed development in
the form of a private road connection to .Iamaca Court North, to be devised and
developed in conjunction with the City Planner and City Engineer. The applicant shall
also provide an easement for a future road connection to the property immediately to the
north of the project site.
f. The applicant shall be responsible for the installation of all improvements to Stillwater
Boulevard North (State Highway 5) required by MnDOT and specified in a letter to the
City of Lake Elmo dated April 19, 2010. These improvements shall be included as part
of the construction plans submitted as part of a developer's agreement for the project.
g. The interior City Streets shall meet all concerns provided by the City of Oakdale Fire
Chief, acting on behalf of the City's emergency services personnel, in a letter to the City
dated April 14, 2010.
h. The preliminary plans shall incorporate appropriate Buffers, Setbacks and Building
Heights, as determined by the Planning Commission and City staff, taking into
consideration the necessity of a secondary vehicular access, the proposed massing of
development structures, and the impact of such on adjoining properties, including, but not
limited to, the following specific issues:
1) Front yard setbacks to the proposed roads within the development area.
2) Buffering between the proposed development and open space preservation areas
and neighboring properties.
3) Setbacks from the proposed animal buildings and neighboring parcels.
i. Any buildings required as part of the community septic system shall be screened from
view from adjacent properties.
j. The keeping of animals associated with the agricultural activities on the site shall comply
with all applicable City and Minnesota Pollution Control Agency requirements for the
keeping of domestic farm animals.
k. The open space preservation areas shall be reviewed for potential inclusion as part of a
conservation easement protected by the Minnesota Land Trust.
1. The preliminary plans shall incorporate the calculation of proposed development density
calculations NOT utilizing right-of-way area dedicated for State Highway 5.
m. The Planned Unit Development (PUD) and /or Development Agreement shall include
specific definitions for Senior Housing and Farm School and incorporate provisions for
any future changes regarding such uses to be reviewed and acted upon by the City
Council as amendments to the PUD.
n. The Planned Unit Development (PUD) and /or Development Agreement shall include
specific development phases and/or expectations for timely onset of development and
construction activity, beginning no later than I (one) year following final City approval
of said development, and provision for any future changes regarding such to be reviewed
and acted upon by the City Council and to include any future requirement(s) for
participation in program designed by the City to transfer density or development rights in
accordance with the Comprehensive Plan, Zoning and related ordinances, and
development programs in effect at that time.
o. A part of the preliminary (development stage) plans, the applicant will:
1) Maximize the setback of the communal septic system from neighboring property
lines and provide necessary fencing and an additional landscape buffer around the
perimeter of the drainfield site.
2) Maximize the road and structure setbacks from the property lines adjacent to the
development as much as possible, focusing on the area west and southwest of the
proposed townhouses and along the eastern property lines. The City will consider
flexibility and variation for interior setbacks to facilitate the above exterior buffer
setback minimizations.
3) Augment the vegetative buffer provided along external property lines.
4) Demonstrate the ability to provide adequate grazing areas for the animals that will
be housed on the site in addition to providing suitable access to these areas.
p. The maximum size permitted for the new barn structure shall be limited to 3,000 square
feet consistent with the maximum accessory building size permitted in a Rural
Residential zoning district.
q. The areas surrounding the school, school accessory buildings, and new barn structure
shall not be included in the residential density calculations for the site, currently
estimated at 48 units plus one additional unit. Bonuses, if any, for density otherwise
permitted in the City Code, including, but not limited to, flexibility allowed through a
PUD submission, historic barn preservation, or other means, shall be taken into account
before establishing the overall density for the project.
r. The preliminary (development stage) plans shall include a PUD agreement that will
incorporate the following provisions:
1) The new barn, existing farm structures, and storm water facilities shall be
permitted within open space/conservation land.
2) The applicant will provide an accurate description of the proposed agricultural
activities that will take place on the site.
3) The applicant will provide information concerning the farm school structure, the
operation of the school, the state licensing requirements for preschools, the size of
the proposed facility, and the qualifications for the instructors within the school.
4) The overall residential density (expressed in number of dwelling units) permitted
on the site shall be specified.
s. Detailed submissions for the preliminary (sketch) plan review phase will include, but not
be limited to, plans addressing architectural design and materials, lighting, landscaping,
grading, and storm water and erosion control, all of which are subject to review and
approval by the City of Lake Elmo.
t. The foregoing conditions shall be performed according to the satisfaction of the City of
Lake Elmo.
Bruce Messelt, Yty AdminiArator