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HomeMy WebLinkAboutPZ Agenda Packet; 6-23-14 Part 2PLANNING COMMISSION DATE: 6/23/14 AGENDA ITEM: 4C – PUBLIC HEARING CASE # 2014-33 ITEM: Hammes Estates Shoreland Variance – PID 34.029.21.13.0001 SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Community Development Director MN DNR Stephen Mastey, Landscape Architecture, Inc. SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a request from Hammes West, LLC for a variance that would allow for a reduced riparian dedication and setback to the southern channel of Goose Lake. This request is connected to the review of a proposed 163-unit single family subdivision on the Hammes property in the I-94 Corridor Planning Area. GENERAL INFORMATION Applicant: Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN Property Owners: Ellie Hammes, 1187 Forest Ave., Maplewood, MN 55109, and Dorothy Lyons, 10105 10th Street North, Lake Elmo, MN 55042. Location: Part of Section 34 in Lake Elmo, immediately west of Keats Avenue (CSAH 19), approximately 1,300 feet south of 10th Street (CSAH 10), and immediately south of Goose Lake. PID Number 34.029.21.13.0001. Request: Variance – Shoreland Ordinance- Request for reduced riparian dedication. Existing Land Use: Active mining and gravel operation and other vacant land. Existing Zoning: RT – Rural Development Transitional District Surrounding Land Use: North –Goose Lake and Stonegate Residential Estates (RE) subdivision; west – Stonegate RE subdivision; south – Lennar Savona Urban Low Density Residential (LDR) subdivision. Surrounding Zoning: Residential Estates (RE), Urban Low Density Residential (LDR) Comprehensive Plan: Urban Low Density Residential (2.5 - less than 4 units/acre) Proposed Zoning: Urban Low Density Residential (LDR) History: The site has been historically used as a gravel mining operation. The City received a Preliminary Plat application for a proposed 163-unit single family subdivision. The Planning Commission reviewed the preliminary plat and held a public hearing on 5/12/14. Consideration of the preliminary plat was postponed until PUBLIC HEARING ITEM 4C – ACTION ITEM 2 additional/updated plans were submitted. The applicants have submitted updated plans, which will be reviewed at the meeting on 6/23/14. Deadline for Action: Application Complete – 6/6/14 60 Day Deadline – 8/5/14 Extension Letter Mailed – No 120 Day Deadline – 10/4/14 Applicable Regulations: 154.450 – Urban Low Density Residential (LDR) Zoning District 154.109 – Variances (Administration and Enforcement) 154.800 – Shoreland Management Overlay District REQUEST DETAILS The City of Lake Elmo has received a request from Hammes West, LLC for a variance to allow for reduced riparian dedication around the southern channel or finger (Wetland G) of Goose Lake. The man-made extension of Goose Lake appears to have been dredged in connection with the historic use of the site as a gravel mine. Whereas the applicants and the City originally determined that Wetland G was a man-made incidental wetland, governed under the jurisdiction of the Wetland Conservation Act (WCA), the DNR has submitted a review letter to the City requesting that the 150-foot required riparian dedication apply to the southern channel of Goose Lake. Due to this change in course and jurisdiction, the landowner and applicants have now requested a variance to allow for a reduced riparian dedication around the man-made channel portion of Goose Lake, as shown on the Hammes Estates Preliminary Plat. BACKGROUND Hammes West, LLC has submitted a Preliminary Plat application for a proposed 163-unit single family residential subdivision for an approximately 80 acre site in Section 34 of the I-94 Corridor Planning Area. As part of preparing a plat application for this site, the applicants have completed a wetland delineation and report, identifying all the wetlands by size, type, vegetation and other characteristics. In relation to the requested variance, the wetland of consequence in this case is Wetland G, the man-made southern channel of Goose Lake. In the preliminary plans submitted, the applicants have provided the required amount of wetland buffering as determined under the Wetland Conservation Act (WCA) and Valley Branch Watershed District (VBWD) rules. However, the change in jurisdiction from the WCA and VBWD to the Shoreland Ordinance would significantly impact the Preliminary Plat as submitted, as the required riparian dedication would extend around the southern channel of Goose Lake. As shown in the Riparian Dedication Sketch (Attachment #5), riparian dedication around the southern channel would impact 13 lots (Lots 1-6, Block 10 and Lots 1- 5 and 11-12, Block 9) of the proposed Hammes Estates Preliminary Plat. In requesting the variance, the applicants are proposing to proceed with the proposed buffering as determined under the WCA and Valley Branch Watershed District rules. It should be noted that the City updated its shoreland ordinance (Ord. 08-111) on 5/20/14. As part of the shoreland ordinance update, the concept of riparian dedication was introduced. In areas where cities are accommodating sewered growth within shoreland areas, riparian dedications or buffers have been used to ensure natural vegetative buffers for the water body while at the same time allowing for sewered growth with the minimum standards of the base zoning district. As part of the shoreland ordinance update, Goose Lake was identified as a lake requiring riparian dedication for the PUBLIC HEARING ITEM 4C – ACTION ITEM 3 previously stated purpose. Providing a riparian dedication will allow the applicant to proceed with planned development, but at the same time provide the protection to protect the natural resource. As part of the Preliminary Plat, riparian dedication is being provided for the southern shore of Goose Lake, but not the southern channel. The applicants are proposing wetland buffering that is consistent with the Valley Branch rules and WCA. Regarding the historical use of the site as a gravel mining operation, it should be noted that there are challenges, mostly related to depressions and wetlands, present on the subject property that are unique compared to other properties guided for development. In terms of how the channel was created, based on historical aerial photography and submitted testimony and evidence, it appears that the channel was originally created to support the mining activities on the site sometime in the late 1960s or early 70s. Over time, it also appears that the channel was likely expanded. For the purpose of reviewing the variance, the important characteristic to consider regarding the channel (Wetland G) is that it is man-made and not a natural part of the original water body. In addition, it should be noted that in staff’s judgment there are positive benefits in transitioning this property from a mining operation to single family residential development. It should be noted that the proposed variance was sent out for review to the DNR and Valley Branch Watershed District (VBWD). While the VBWD did not provide review comments, the DNR has reviewed the variance request and recommended denial of the variance. The DNR’s review letter and follow-up email are found in Attachment #10. According to the DNR letter and email, the southern channel of Goose Lake is now considered part of the water body and therefore is subject to the same shoreland rules as the rest of the lake. According to the applicant, this decision represents a change in direction or guidance from the DNR as they were working to prepare their plat application. The applicant has provided email correspondence between their environmental consultant, Kelly Bopray, and the Area Hydrologist, Molly Shodeen to provide background information regarding these discussions. The applicant has consistently stated to staff that the DNR originally indicated that they would waive their jurisdiction of the southern channel to the local watershed district. While the email correspondence does provide background of these discussion, it should be noted that it is difficult to make conclusive determinations on this point based upon the correspondence. Finally, it should be highlighted that in the DNR’s email to the City, they suggest that as an alternative to the variance, the southern channel could be blocked off via a berm to restore Goose Lake to its original boundary. As the DNR indicates, this process would require a DNR permit and would be considered a restoration. PLANNING AND ZONING ISSUES In reviewing the applicable codes that apply to the subject property, Staff would like the Planning Commission to consider the following as it reviews this request: • Comprehensive Plan. The City’s Comprehensive Plan guides the Hammes site (PID 34.029.21.13.0001) as Urban Low Density Residential. Within this district, single family residential land uses are permitted at a density of 2.5 to less than 4 units per acre. One of the key arguments presented by the applicant is that if the area surrounding the channel is set aside for riparian dedication, the proposed subdivision would fall below the required density level of 2.5 units per net acre. If the proposed subdivision were reduced by 13 lots, as 13 lots are impacted by the riparian dedication as demonstrated by the applicant, and the net developable acreage remained the same, the density would be reduced to 2.37 units per acre. When removing the acreage of land in the riparian dedication that is considered unbuildable in addition to the land already in wetland buffers, the resulting net density calculation is 2.46 PUBLIC HEARING ITEM 4C – ACTION ITEM 4 units per acre. No matter how it is calculated, the applicants are correct in that the proposed project would no longer be technically consistent with the Comprehensive Plan. • Access to Keats Ave. N. (CSAH 19). As the applicants prepared multiple iterations of the Sketch Plan for Hammes Estates, one of the critical points of review was the location of the proposed access to Keats Ave. N. (CSAH 19). In reviewing the various iterations of the Sketch Plan, Washington County required the applicants to move the proposed access to Keats Ave. to the north to account for access spacing considerations from the future minor collector road 5th Street. In addition, when the access was proposed more to the south, the increased grade in that area also presented a concern for the County, necessitating the northern access location near the northern property boundary. The reason that this component of the development review is critical in the consideration of the variance request is that the northern access location requires that the nearby street (Street 1 in the Preliminary Plat) be located within proximity or parallel to the southern channel of Goose Lake. The applicant notes in the provided narrative that shifting the entrance street further to the south would have significant impacts on the plat, either leading to a long stretches of roads (Street 1 and Street 4) with lots on only one side of the road, or likely lot loss in other areas of the proposed plat. The applicants have presented access road location as a unique circumstance not created by the landowner. In reviewing this aspect of the variance application, staff has found merit in the access location fulfilling the requirement of unique circumstances for the granting of a variance. • Wetland Buffering. As shown on the plat and described in the wetland delineation report, Wetland G requires an average buffer of 75 feet per Valley Branch Watershed District rules. Per the Preliminary Wetland Buffer Plan (Attachment #2), the applicants are proposing to increase the existing wetland buffer from 92,054 square feet to 95,313 square feet, with an average buffer width of 85.3 linear feet. While not meeting the 150-foot riparian dedication, it should be noted that the applicants are providing buffering that meets the watershed’s requirements per wetland type/classification. In addition, if the variance is granted, staff is recommending that the applicants install and maintain additional vegetation and/or prairie mix to prevent or mitigate any potential erosion or surface runoff into the southern channel. The recommended planting schedule is outlined in the memorandum from the City’s landscape architect consultant (Attachment #9). Staff would recommend that if the variance moves forward, the recommendations of the City’s landscape architect consultant are incorporated into the updated Landscape Plan for the Hammes Estates development. • Shoreland Setbacks. The newly adopted shoreland ordinance requires a 200-foot structure setback for areas subject to riparian dedication requirements. Given the request for a reduced riparian dedication, a request for a reduced structure setback would also be included. Per the newly adopted ordinance, the structure setback for a sewered property without riparian dedication would be 100 feet. In reviewing the 13 lots impacted by riparian dedication, 8 would be able to meet a 100-foot structure setback in staff’s judgment, while the other 5 (Lots 3, 4, 5 and 6, Block 10 and Lot 3, Block 9) may have difficulty meeting a 100-foot setback to Ordinary High Water Level (OHWL). However, it should be noted that without a riparian dedication, the minimum lot sizes would need to be larger to be eligible for the reduced setback. • Infrastructure and Planning Efforts. One additional aspect for consideration of the variance application relates to the significant efforts of the City to plan and install the current infrastructure that will serve the site. Currently, water and sewer has already been extended PUBLIC HEARING ITEM 4C – ACTION ITEM 5 to the northeast corner of the site just to the north of the access road (Street 1), and a lift station has been installed in this location as well. In addition to the City expending significant resources planning and bonding for these improvements, the landowners are being assessed for the sewer and water improvements. Staff offers these points of consideration to highlight the fact that significant efforts have been made to plan for these improvements, the location of which was selected to serve the proposed development on the Hammes site, including the areas around the southern channel. Finally, it should be noted that the City has planned for growth on this site since the adoption of the 2005 Comprehensive Plan. Staff offers these considerations to the Planning Commission as they weigh their recommended action. REVIEW AND ANALYSIS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Under this standard, the City would need to find that allowance for a reduced riparian dedication or buffering around the man-made channel of Goose Lake is a reasonable use of the property not otherwise permitted under an official control. Proposed findings related to this criterion are as follows: FINDINGS: That the proposed use of thirteen single family residential lots with a reduced riparian dedication and structure setback to Ordinary High Water Level around the southern channel is reasonable because the applicants are planning for a significant riparian dedication along the southern shore of Goose Lake to meet the intent of the City’s shoreland ordinance. In addition, the access location to Keats Ave. N. as required by Washington County represents a unique circumstance to the individual property. Finally, the Comprehensive Plan guides the Hammes site as Urban Low Density Residential, and the variance would meet the intent of the Comprehensive Plan. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard, the Planning Commission would need to identify those aspects of the applicant’s property that are unique and not created by the landowner. In this case, staff has identified two circumstances related to the required location of the access road to Keats Ave. N. (CSAH 19) that are not created by the landowner. Again, Staff is suggesting some findings that could be considered by the Planning Commission as follows: FINDINGS: That the applicant’s property is unique in that the required access road to Keats Ave. N. needed to serve the proposed development must be located at the northern boundary of the PUBLIC HEARING ITEM 4C – ACTION ITEM 6 property. The access location circumstance is not created by the landowners, as 1) the access must meet County access spacing guidelines to 5th Street, the location of which was not selected by the landowner, and 2) the steeper grades along Keats Ave. N. to the south of the proposed access also prevents a more southerly access location. The access location to Keats Ave. N. has been directed and approved by Washington County. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. Compared to other water bodies in urban sections of other communities, the vast majority of the land uses around Goose Lake are a residential estates subdivision, an Open Space Preservation (OP) subdivision, and other open/agricultural land. If the City were to grant the variance application, the vast majority of the land around Goose Lake will remain low impact rural land uses. In the judgment of staff, the proposed variance will not alter the essential character of the locality. Proposed findings related to this standard is suggested as follows: FINDINGS: As the subject parcel is planned for Urban Low Density Residential (LDR) development, and the provided wetland buffering consistent with Valley Branch Watershed District rules should protect the southern made-man channel of Goose Lake, the proposed variance will not alter the essential character of the locality. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Proposed findings for this criterion are as follows: FINDINGS. No impacts to the adequate supply of light and air to adjacent properties would be expected should the variance be granted. In addition, the proposed variance would not substantially increase congestion of public streets or substantially diminish property values within the neighborhood. Please note that the applicant has also provided a set of findings as part of the attached narrative and supporting documentation included with the application. Considering the potential findings of fact as suggested in the preceding section, Staff is recommending approval of the variance request based on the findings noted in items 1-4 above and with conditions of approval related to the continued protection, preservation and maintenance of the southern man-made channel (Wetland G). DRAFT FINDINGS Please refer to the comments in the previous section. Staff will be reviewing these findings with the Commission at its meeting. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the request from Hammes West, LLC for a variance to allow a reduced riparian dedication and reduced structure setback from the Ordinary High Water Level (OHWL) around the southern channel of Goose Lake for Lots 1-6, PUBLIC HEARING ITEM 4C – ACTION ITEM 7 Block 10 and Lots 1-5 and 11-12, Block 9 of the Hammes Plat. This recommendation includes the following conditions of approval: 1) The applicant shall provide the required wetland buffering for the southern channel (Wetland G) per the rules Valley Branch Watershed District and Wetland Conservation Act. 2) Any and all buffering around the southern channel of Goose Lake shall be marked and monumented to prevent encroachment of the channel (Wetland G), as recommended by the DNR. 3) The applicant shall landscape the buffer area around the southern channel as specified in the review memorandum by the City’s landscape architect consultant (Attachment #9). The recommended treatments and plantings for the southern channel buffer area shall be incorporated into the updated Landscape Plan for the Hammes Estates development. The suggestion motion for taking action on the Staff recommendation is as follows: “Move to recommend approval of the request for a variance to allow a reduced riparian dedication around the southern channel of Goose Lake and reduced structure setbacks from OHWL for Lots 1-6, Block 10 and Lots 1-5 and 11-12, Block 9 of the Hammes Estates Plat based on the findings of fact outlined in the Staff Report, and subject to the conditions of approval as recommended by Staff.” ATTACHMENTS: 1. Location Map 2. Application and Project Narrative 3. Wetland Delineation Report 4. Historical Aerial Photography 5. Riparian Dedication Sketch 6. Applicant Email Correspondence w/DNR 7. Hammes Estates Preliminary Plat and Preliminary Wetland Buffer Plan 8. Site Visit Photos, 6/18/14 9. Landscape Architect Review Memorandum 10. DNR Review Letter and Email ORDER OF BUSINESS: - Introduction ....................................................... Community Development Director - Report by Staff .................................................. Community Development Director - 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 PUBLIC HEARING ITEM 4C – ACTION ITEM Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Data Source: Washington County, MN5-9-2014 Location Map: Hammes Estates Plat (PID: 34.029.21.13.0001) KHammes Property 0 500 1,000250 Feet 1"=500' Savona Stonegate K e a t s A v e N . 10th St. N. Goose Lake HAMMES ESTATES VARIANCE NARRATIVE a. Contact Information: Owner: Hammes West, LLC c/o Brian McGoldrick 36 Moonlight Bay Stillwater, MN 55082 651-387-1000 Owner: Eleanor Hammes 1187 Frost Avenue Maplewood, MN 55109 With Copy to: The Afton Law Office 3121 St. Croix Trail South Afton, MN 55001 651-436-8656 Owner: Dorothy Lyons 10105 – 10th Street Lake Elmo, MN 55042 With Copy to: Brian D. Chmielewski 6043 Hudson Road, Suite 340 Woodbury, MN 55125 651-330-7191 Engineer: Westwood Professional Services Attention: Ryan Bluhm, PE, LEED, AP 7699 Anagram Drive Eden Prairie, MN 55344 952-906-7432 b. Site Data. Parcel Size: The parcel size is 78 acres (3,397,680 square feet) PID: 34.029.21.13.0001 Zoning: Rural Development Transitional District and guided Low Density Residential in the Comprehensive Plan, Planned Use section Legal Description: South ½ of the Northeast Quarter, Section 34, Township 29, Range 21, except the East 60 feet of the North 967 feet, and except Parcel 3 of Washington County Highway Right of Way Plat 49-19B, Washington County, Minnesota. c. Variance Request: Hammes Estates would like a variance to the Shoreland Ordinance, and the DNR request, of a 150-foot buffer around the manmade channel (wetland G) off the southern portion of Goose Lake. d. Proposal. To provide a 75-foot average buffer around the manmade channel in Goose Lake as required by Valley Branch watershed. e. Pre-Application Discussions with Staff. On June 3rd, 2014, we met with staff to discuss the 150-foot buffer requested by the DNR, and how it would impact the project. Our site plan has always intended a buffer from the existing southern shoreline of the lake, but the channel, being as it is manmade (see attached Wetland Delineation report), was believed to be held to alternate buffer requirements. After reviewing the impact of the 150-foot buffer to the proposed site plan (see attached DNR buffer sketch), and based on our discussions with city staff, it was agreed that a variance of shoreland ordinance would be appropriate in this case. f and g. Practical Difficulties of this site/Circumstances Unique to the property The buffer would impact approximately 13 lots, which will limit the overall density of the project to levels below what was required by the Met Council. Due to the presence of additional onsite wetlands, required wetland buffers, and a 100-foot green space buffer, the additional density cannot be made up onsite. Additionally, the location of the project entrance along Keats Avenue was required by Washington County. The proximity of this entrance location to that of the proposed buffer creates further difficulties. Street 1 would need to be redesigned to be shifted further south, and a number of streets would no longer have lots on both sides of the street. The resulting design would no longer have the neighborhood feel that was intended. Please refer to the attached DNR Setback sketch shows the proposed impact of the 150’ foot buffer for additional information. h. Granting of this Variance. By granting this variance, we would be able to design this project to the concept plan supported by city staff. The project would not change from what has previously been reviewed. i. The proposed project does not conflict with any of the nearby land uses. Significant efforts have been made to minimize disturbance to the adjoining development to the north and west. By granting this variance, we would be able to comply with the density requirements of the city and met council of this parcel. We are only hoping to preserve our project density, not increase it beyond what has been previously proposed. A 75’ foot average buffer would be placed around the man-made channel. The buffer would be planted with native grasses, and would comply with Valley Branch watershed district. Our project would provide a 150-foot buffer from the southern shoreline of Goose Lake, excluding the man made channel. 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 From:Kelly Bopray To:Ryan M. Bluhm Subject:Fw: Hammes Sand & Gravel Site wetland delineation Date:Friday, May 30, 2014 3:28:30 PM 1 of 5 Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 ----- Forwarded Message ----- From: "Shodeen, Molly (DNR)" <molly.shodeen@state.mn.us> To: Kelly Bopray <kjbopray@yahoo.com> Sent: Monday, September 30, 2013 3:05 PM Subject: RE: Hammes Sand & Gravel Site wetland delineation Kelly, do we have any idea when the channel was excavated? I can’t believe we would issue a permit for it From: Kelly Bopray [mailto:kjbopray@yahoo.com] Sent: Sunday, September 29, 2013 8:16 PM To: Shodeen, Molly (DNR) Cc: Kevin Wold Subject: Fw: Hammes Sand & Gravel Site wetland delineation Molly, Karen Wold copied you on the NOA for the Hammes site in Lake Elmo that I'm working on. Karen's email includes a link to where you can down load the whole wetland report if you want it. I've attached a couple of the pertinent documents for you to review. Wetland G on the site includes a man-made channel that connects Goose Lake to a preexisting wetland in a gravel mined area of the site. For WCA purposes wetlands created by mining are not regulated. But the channel area was created below the OHW of Goose Lake so that would be under DNR regulations unless you are inclined to defer jurisdiction to the LGU. The engineer is starting to work on site designs and one thought was to cut the channel off from the lake again as one way to improve water quality of the lake by protecting it from stormwater run off the development of the site. I'd like to have a discussion with you at your earliest convenience about how you like to proceed with jurisdiction and and if the DNR keeps jurisdiction how this man-made channel might be treated in the permitting process. When you can could you give me a call or respond to this email? Thanks Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com <mailto:kjbopray@yahoo.com> 715-307-4577 ----- Forwarded Message ----- From: Karen Wold <KWold@barr.com <mailto:KWold@barr.com> > To: 'Jed Chesnut' <jchesnut@mnwcd.org <mailto:jchesnut@mnwcd.org> >; "'Rodacker, Dennis (BWSR)'" <Dennis.Rodacker@state.mn.us <mailto:Dennis.Rodacker@state.mn.us> >; "Kelly Bopray (kjbopray@yahoo.com <mailto:kjbopray@yahoo.com> )" <kjbopray@yahoo.com <mailto:kjbopray@yahoo.com> >; "'Shodeen, Molly (DNR)'" <molly.shodeen@state.mn.us <mailto:molly.shodeen@state.mn.us> >; "'Hingsberger, Thomas J MVP'" <thomas.j.hingsberger@usace.army.mil <mailto:thomas.j.hingsberger@usace.army.mil> > Cc: John P. Hanson <JHanson@barr.com <mailto:JHanson@barr.com> >; "'jbg@aftonlaw.net'" <jbg@aftonlaw.net <mailto:jbg@aftonlaw.net> > Sent: Wednesday, September 18, 2013 2:28 PM Subject: Hammes Sand & Gravel Site wetland delineation Attached is the Notice of Application for the Hammes Sand & Gravel Site wetland delineation within Valley Branch Watershed District in Lake Elmo, Washington County. The site location map is also attached. The wetland delineation report is too large to send through email. It is available on my ftp site at: ftp://user.barr.com/ user name: ksw password: ftpksw in the Hammes Site wetland delineation folder If you would like a paper copy of the report, please contact Kelly Bopray at kjbopray@yahoo.com <mailto:kjbopray@yahoo.com> Please contact me if you are interested in participating in a site review of the delineation. Let me know when you are available within the next couple of weeks. Karen Wold Senior Environmental Scientist Barr Engineering Co. 4700 West 77th Street Minneapolis, MN 55435 ---------------------------------------------------------------------------- office: 952.832.2707 toll-free: 800.632.2277 cell: 651.307.4394 ---------------------------------------------------------------------------- kwold@barr.com <mailto:kwold@barr.com> www.barr.com <http://www.barr.com/> From:Kelly Bopray To:Ryan M. Bluhm Subject:Fw: Hammes sand and gravel Date:Friday, May 30, 2014 3:28:48 PM 2 of 5 Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 ----- Forwarded Message ----- From: Kelly Bopray <kjbopray@yahoo.com> To: molly.shodeen@state.mn.us Sent: Monday, September 30, 2013 4:03 PM Subject: Hammes sand and gravel Molly, I'm not sure on when the channel was excavated. I think in the mid to late 60's. I included some historical aerials in my last email, and you can clearly see it's not there in 57 and 64. I 'm in the field and don't recall what year the channel shows up. Sent from my Verizon Wireless 4G LTE smartphone From:Kelly Bopray To:Ryan M. Bluhm Subject:Fw: Hammes gravell mine Date:Friday, May 30, 2014 3:26:17 PM Attachments:3 figure 1.doc 7 figure 5.doc 3 of 5 Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 ----- Forwarded Message ----- From: Kelly Bopray <kjbopray@yahoo.com> To: "molly.shodeen@state.mn.us" <molly.shodeen@state.mn.us> Sent: Tuesday, October 8, 2013 1:56 PM Subject: Hammes gravell mine Molly, Aattached are a couple more maps. The Figure 1 shows the general location of the site and Goose lake to the north in Lake Elmo, just north of I94 and near the intersection of Keats Ave and 10th St. The DNR number is 113w. At this point they are beginning concept planning for the development of the site. They would like to separate the excavated channel from Goose lake so that stormwater ponding could be done in the area before the water discharges to Goose Lake. If the DNR retaines jurisdiction and takes the position that fill can not be placed below the OHW obviously the property owner will have to make other plans. If the DNR waves jurisdiction of the channel to the LGU then part of the channel would be incidental and a berm could be built across the channel and the surrounding uplands would be excavated for ponding purposes. I'll try to call you tomorrow morning. Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 From:Kelly Bopray To:Ryan M. Bluhm Subject:Fw: Hammes gravell mine Date:Friday, May 30, 2014 3:31:04 PM 4 of 5 Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 ----- Forwarded Message ----- From: "Shodeen, Molly (DNR)" <molly.shodeen@state.mn.us> To: Kelly Bopray <kjbopray@yahoo.com> Sent: Tuesday, October 8, 2013 2:02 PM Subject: RE: Hammes gravell mine Let’s talk tomorrow, I have a meeting now From: Kelly Bopray [mailto:kjbopray@yahoo.com] Sent: Tuesday, October 08, 2013 1:56 PM To: Shodeen, Molly (DNR) Subject: Hammes gravell mine Molly, Aattached are a couple more maps. The Figure 1 shows the general location of the site and Goose lake to the north in Lake Elmo, just north of I94 and near the intersection of Keats Ave and 10th St. The DNR number is 113w. At this point they are beginning concept planning for the development of the site. They would like to separate the excavated channel from Goose lake so that stormwater ponding could be done in the area before the water discharges to Goose Lake. If the DNR retaines jurisdiction and takes the position that fill can not be placed below the OHW obviously the property owner will have to make other plans. If the DNR waves jurisdiction of the channel to the LGU then part of the channel would be incidental and a berm could be built across the channel and the surrounding uplands would be excavated for ponding purposes. I'll try to call you tomorrow morning. Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com <mailto:kjbopray@yahoo.com> 715-307-4577 From:Kelly Bopray To:Ryan M. Bluhm Subject:Fw: Hammes Gravel Site Date:Friday, May 30, 2014 3:31:13 PM 5 of 5 Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 ----- Forwarded Message ----- From: Kelly Bopray <kjbopray@yahoo.com> To: "jbg@aftonlaw.net" <jbg@aftonlaw.net>; Todd Erickson <terickson@ffe-inc.com> Cc: "kwold@barr.com" <kwold@barr.com>; "molly.shodeen@state.mn.us" <molly.shodeen@state.mn.us> Sent: Wednesday, October 9, 2013 1:20 PM Subject: Hammes Gravel Site Jim, Todd, After playing phone tag for a week or so, I was finally able to talk to Molly Shodeen (DNR Area Hydrologist) about the Hammes site and specifically the excavated channel from Goose Lake to Wetland G. I said we did not have any firm plans yet but we were forming our development strategy for the site. Ideally we would like to isolate the channel from Goose Lake for as part of the stormwater management when the site is developed. We believe this will help improve water qualtity for the lake as opposed to preserving the channel and it's direct discharge to the lake. As we discussed, Molly indicated the DNR would likely waive their jurisdiction over the channel to the WCA LGU. That would allow the opportunity to impact the incidental portions of Wetland G (the excavated channel) to achieve the site development water management goals. Kelly Bopray Bopray Environmental Services, LLC kjbopray@yahoo.com 715-307-4577 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 Looking west across southern channel Looking south down southern channel Looking north up southern channel into towards Goose Lake Southern tip of southern channel (Wetland G) Goose Lake Southern Channel: Site Visit, 6/18/14 From:Shodeen, Molly (DNR) To:Nick Johnson Cc:Kyle Klatt; Dean Zuleger; Petrik, Daniel (DNR) Subject:RE: June Land Use Review Date:Monday, June 16, 2014 12:07:19 PM Attachments:image002.jpg Thanks Nick, as I said in my last letter, we believe that the 150’ riparian dedication must be applied to the manmade channel/southern extension of the lake. DNR permit rules consider anything that is dredged and attached to the lake to be part of the lake, and as such must meet any setback requirements, as well as in this case, the 150’ buffer requirement. We do not see that there are practical difficulties beyond financial for issuing the variance and we recommend that the variance be denied. We consider the Met Council argument to be a bit weak as there are other developments coming up that will get you to your projections. As an alternative, we would request that a berm be placed across the access channel to restore the Goose Lake basin to what it was. The photos show that it was excavated sometime between the 60’s and 90’s without any DNR permits. A permit would be needed to close it off, but we would consider it to be a restoration. The photos also show that originally in 1991 there was a very narrow connection which was again illegally widened since 1991 to its current configuration. As far as the ordinance goes, we need to meet to discuss any and all changes that you have made unless you have a strike through version to show the changes. I need to discuss your reaction to my suggested changes that were not made in the final ordinance. For any buffer implementation, we request that it be marked and monumented to prevent encroachment over time. As previously stated, we would like to see that right in the ordinance. You also need to request implementation flexibility as part of the request to approve the ordinance. It is a letter asking that we consider allowing flexibility for the city to deviate from the statewide standards. The letter needs to detail what the request is, and how it will afford additional protection for the resources to justify the flexibility. From: Nick Johnson [mailto:NJohnson@lakeelmo.org <mailto:NJohnson@lakeelmo.org> ] Sent: Tuesday, June 10, 2014 12:07 PM To: Shodeen, Molly (DNR); John Hanson (jhanson@barr.com <mailto:jhanson@barr.com> ) Cc: Kyle Klatt; Dean Zuleger Subject: June Land Use Review Molly and John, Please see the attached land use review for the June 23rd Planning Commission meeting. If possible, please send review comments by Wednesday, June 18th. Hard copies are being placed in the mail today to your office. Thanks for your attention to this matter. Nick M. Johnson | City Planner City of Lake Elmo, Minnesota njohnson@lakeelmo.org <mailto:njohnson@lakeelmo.org> (w) 651-747-3912 | (f) 651-747-3901 www.lakeelmo.org <http://www.lakeelmo.org> PLANNING COMMISSION DATE: 6/23/2014 AGENDA ITEM: 5A – BUSINESS ITEM CASE # 2014-14 ITEM: Hammes Estates Residential Subdivision – Preliminary Plat cont. SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Community Development Director Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Preliminary Plat application from Hammes West, LLC for a 163-unit single family residential development to be located on 78.1 acres immediately west of Keats Avenue (CSAH 19) and within Stage 1 of the City’s I-94 Corridor Planning Area. The Planning Commission previously reviewed the application and held a public hearing on 5/12/14, at which time consideration of the plat application was postponed. The applicant has since resubmitted preliminary plans to address outstanding issues identified in the review on 5/12/14. Staff is recommending approval of the request subject to compliance with 15 conditions as noted in this report. GENERAL INFORMATION Applicant: Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN 55082. Property Owners: Ellie Hammes, 1187 Forest Ave., Maplewood, MN 55109, and Dorothy Lyons, 10105 10th Street North, Lake Elmo, MN 55042. Location: Part of Section 34 in Lake Elmo, immediately west of Keats Avenue (CSAH 19), approximately 1,300 feet south of 10th Street (CSAH 10), and immediately south of Goose Lake. PID Number 34.029.21.13.0001. Request: Application for preliminary plat approval of a 163-unit single family residential subdivision to be named Hammes Estates. Existing Land Use and Zoning: Active mining and gravel operation and other vacant land. Current Zoning: RT – Rural Development Transitional Zoning District; Proposed Zoning: LDR - Urban Low Density Residential Surrounding Land Use and Zoning: North –Goose Lake and Stonegate Residential Estates (RE) subdivision; west – Stonegate RE subdivision; south – Lennar Savona Urban Low Density Residential (LDR) subdivision. Comprehensive Plan: Urban Low Density Residential (2.5 – 4 units per acre). BUSINESS ITEM 5A – ACTION ITEM 2 History: Preliminary Plat review and public hearing on 5/12/14. Sketch Plan review by Planning Commission on 6/24/13. Sketch Plan review by the Park Commission on 7/15/13 and 1/30/14. Deadline for Action: Application Complete – 5/2/2014 60 Day Deadline – 6/30/14 Extension Letter Mailed – No 120 Day Deadline – 8/29/14 Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Article 17 – Shoreland Management Overlay District REQUEST DETAILS The City of Lake Elmo has received a request from Hammes West, LLC for a preliminary plat to subdivide approximately 78 acres of land located within the I-94 Corridor planning area into 163 single family lots. The proposed plat would be located on property currently owned by the Hammes family, and would be located immediately west of Keats Avenue (CSAH 19), approximately 1,300 feet south of 10th Street (CSAH 10), and approximately ½ of a mile north of the I-94 right-of-way. The Planning Commission previously reviewed the Hammes Estates Preliminary Plat on 5/12/14, at which time a public hearing was held. At the meeting, the Planning Commission postponed consideration of the plat application until revised plans were submitted to address critical outstanding issues. The applicant resubmitted Preliminary Plans (Sheets 1-18) on 6/6/14 to address the concerns identified by the Planning Commission. Staff has found that the resubmitted plans address many of the more glaring concerns of the previous plat submission. Based upon review of the plat, the resubmitted plans will meet all applicable City requirements for conditional approval, and any deficiencies or additional work that is needed is noted as part of the review record. It is staff’s expectation that all the deficiencies and requested revisions will be resolved in advance of Final Plat. REVIEW AND ANALYSIS In order to clearly present how the applicant has addressed the issues identified by the Planning Commission, as well as the other conditions of approval identified in the Staff Report dated 5/12/14, staff has provided the below table to identify how the various issues have been resolved. In order to review the previous Staff Report, dated 5/12/14, the materials for the May 12th meeting our posted on the City’s website under Planning Commission agendas. In addition to the staff explanation, the applicant has also identified how the previously recommended conditions of approval have been addressed with a response letter dated 6/11/14 (Attachment #2). The resubmitted plat has addressed the several of the conditions of approval in the following manner: Condition (Staff Report dated 5/12/14) Response/Result Condition #4: The approval of the Preliminary Plat is contingent upon the City approving a revised shoreland ordinance that would allow for the lot The City of Lake Elmo adopted a new shoreland ordinance (Ord. 08-111) on 5/20/14, allowing for use of base zoning district standards with riparian dedication. However, the DNR has submitted a letter BUSINESS ITEM 5A – ACTION ITEM 3 sizes proposed in the portion of the Hammes Estates subdivision located within the shoreland district. requesting riparian dedication around the southern man-made channel of Goose Lake. The applicant has applied for a variance to allow reduced riparian dedication around the southern channel. If the City grants the variance, this issue will be resolved. If the City does not grant the variance, the plat can be recommended for approval conditioned upon the southern channel being closed off from Goose Lake via a berm as recommended by the DNR. Condition #5: The applicant shall submit evidence that a Phase I Environmental Review if the site has been completed and that further environmental review is not necessary. The applicant has provided a City with a certified copy of the Phase I Environmental Review for the Hammes site. The report was produced by Element Materials Technology on March 10, 2014. The conclusions of the environmental assessment identify no recognized, controlled or historical environmental conditions of the property. The Assessment concludes that no additional investigation or evaluation is warranted based on the findings of the Phase I Environmental Review. Condition #7: The applicant shall provide for a minimum green belt/buffer of 100 feet around all of the adjacent Stonegate subdivision, and must either revise the preliminary plat in the vicinity of Lot 16, Block 1 to properly account for this buffer or provide evidence to the City of any acquired open space easements from the adjacent property in the Stonegate subdivision. The applicant has revised the preliminary plat in the southwest corner of the plat to provide a continuous 100-foot green belt, as specified in the City’s Comprehensive Plan. Condition #9: The utility plan shall be updated to relocate/add fire hydrants to meet spacing requirements and ensure ideal operational effectiveness per the direction of the Lake Elmo Fire Chief. The utility plans have been revised to add and relocate fire hydrants per the specifications of the Fire Chief. Condition #13: The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. The applicant has submitted an updated parkland dedication calculation (Attachment #4), resulting in an eligible dedication of approximately 5.7 acres. With this level of eligible dedication, the developer would be responsible to pay fees in lieu of land dedication in an amount equal to the fair market value of the remaining required dedication of 2.1 acres (7.8 acres (required dedication) – 5.7 acres (provided) = 2.1 acres remaining) Condition #14: Any land under which trails are located will be accepted as park land provided the trail is located within a This condition is no longer necessary as the applicant has submitted an updated parkland dedication calculation documenting the areas that will be BUSINESS ITEM 5A – ACTION ITEM 4 dedicated outlot and the developer constructs the said trails as part of the public improvements for the subdivision. accepted as parkland dedication. For trails that are constructed by the developer but not located within dedicated outlots, staff would recommend the City consider some parkland credit for the construction and dedication of these trails to the City’s public trail system. Condition 16a: For trails in wetland buffers, the applicant must present a suitable design that is acceptable to the City and Valley Branch Watershed District. The applicants are currently showing the limited trail segment in wetland buffer as a mowed or woodchip trail, which would meet VBWD rules. The City would recommend that this design is finalized in advance of Final Plat (Condition #12). Condition 16b: The trail segment aligned to the north of Wetland A must be revised to be aligned to the south of the wetland due to concerns of the High Water Level. The applicant has revised this segment of the trail to be located to the south of Wetland A. Condition 16c: The trail segment between Lots 14 and 15, Block 2 shall be located on a 30-foot outlot dedicated to the City. The applicant has provided the requested outlot (Outlot E) for the trail in between Lot 14, Block 2 and Lot 11, Block 3 at the end of Street 9. Condition 18a: The Preliminary Plat must be revised to meet City standard requirements for utility easements. The applicant has revised the Preliminary Plat to provide the requested utility easements. Condition 18c: The Preliminary Plat must be revised to remove the Street 1 right-of-way from the minimum 25-foot Wetland Buffer of Wetland B. The entire street right-of-way must be relocated outside of the minimum wetland buffer. The applicant has revised the Preliminary Plat to shift Street 1 to the north to maintain a 25-foot minimum wetland buffer outside of the Street 1 right-of-way. Condition 18e: The Grading and Storm Water Management Plan must be revised so that the subgrade of Street 1 is above the HWL for infiltration basin 5A on Outlot D. The applicant states in his narrative that they will work with the City Engineer on a suitable design to effectively protect the road subgrade. Staff is comfortable making this a conditional approval through addressing the review comments found in the City Engineer’s review memo dated 6/16/14 in advance of Final Plat. Condition 18f: Maintenance access roads must be relocated or improved to meet City standard requirements. The applicants has revised the Preliminary Plat to provide maintenance access roads that meet City standards. Condition 18g: The Preliminary Plat must be revised to provide additional details for the proposed improvements to the City park property at Goose Lake. The applicants have provided an illustrative park plan to show their desired vision for the park property. The proposed park still does not contain a play structure. Staff would recommend that a play structure is BUSINESS ITEM 5A – ACTION ITEM 5 somehow incorporated into the design in advance of Final Plat to be consistent with the recommendation of the Park Commission. In addition, the Engineer has requested additional information for the park property related to grading and 100-year flood elevations. Staff is recommending that an agreed upon park design be approved in advance of Final Plat. The conditions and their status outlined in the above table highlight the key revisions to the plat that were included as part of the resubmitted Preliminary Plans. In Staff’s judgment, the applicants have met the City’s request for updated Preliminary Plans. However, it is important to note that some of the original conditions that were recommended as part of the Staff Report dated 5/12/14 still apply, while others may need to be slightly modified. In order to further explain some key issues and review items that inform the recommended conditions of approval, staff would offer the following review comments: • Goose Lake Southern Channel - Shoreland Variance. In the previous review of the Preliminary Plat, staff recommended that approval of the preliminary plat be conditioned on the City adopting a new shoreland ordinance. Since that time, the City adopted new shoreland regulations (Ord. 08-111) that include provisions requiring riparian dedication around lakes within close proximity to urban planning areas in Lake Elmo. By dedicating more than 150’ of riparian area on the southern shore of Goose Lake, staff determined that the riparian dedication requirement had been met. However, the City received a review letter from the DNR stating that the shoreland provisions would apply to the southern man-made channel of Goose Lake in addition to the southern shoreline. According to the applicant, previous discussion with the DNR led them to believe that the Wetland Conservation Act and Valley Branch Watershed District would have jurisdiction over the southern channel, necessitating the rules of the WCA and VBWD. However, the DNR is recommending that the shoreland provisions apply to the southern channel. In order to address this request, the applicants have submitted a variance application citing practical difficulties and unique circumstances. Staff is recommending approval of the variance. If the City grants a variance to the applicant to allow reduced riparian dedication around the southern channel, then the shoreland issue will be resolved. However, if the City recommends denial of the variance, then an alternative design or mitigation strategy will be required. In the DNR’s review letters (Attachment #7), they recommend as an alternative to the variance that a berm be used to close off the channel from Goose Lake. This action would be considered a restoration and would need permitting from the DNR. If the variance application related to the shoreland provisions around the southern channel is recommended for denial, Staff would recommend to the Planning Commission to add a 16th condition requiring the applicant to restore original shoreline of Goose Lake per the recommendation of the DNR. This path should allow the preliminary plat to move forward as it is currently designed with the condition of completing the restoration of Goose Lake. • Landscaping and Tree Preservation. As part of the effort to resubmit Preliminary Plans, the applicant did not resubmit new Landscaping and Tree Preservation Plans. In reviewing these plans as part of the previous Preliminary Plat submittal that was reviewed on 5/12/14, the City’s landscape consultant noted that the provided landscape material did not meet the requirements of the City’s ordinance (landscape consultant’s memo is Attachment #6). At BUSINESS ITEM 5A – ACTION ITEM 6 the meeting on 5/12/14, staff recommended a condition of approval that the Landscape Plan shall be updated per the recommendations of the City’s landscape consultant. As the landscape plans have not been resubmitted, it should be noted that staff is recommending that this condition (#6) remain in place per the review of the City’s landscape consultant. • City Engineer Review. The City Engineer has provided the Planning Department with a detailed review memorandum (Attachment #5), dated 6/16/14, as a summary of his review of the Preliminary Plans. The vast majority of the issues identified are technical in nature, mostly relating to storm sewer and storm water management. Staff is confident that these issues can be resolved in advance of Final Plat. To resolve these issues in advance of Final Plat, Staff has included a general condition (Condition #4) that all issues identified in the City Engineer’s memo dated 6/16/14 must be addressed by the applicant prior to approval of a final plat for any portion of the Hammes Estates subdivision. In addition, in regards to storm water management, the applicants still are required to meet the rules and regulations of the Wetland Conservation Act and Valley Branch Watershed District (Condition #8) • Improvements to Keats Ave. N. (CSAH 19). Washington County previously submitted a memo, dated May 6, 2014, detailing the required improvements to Keats Ave. at the access location for the Hammes Estates neighborhood. Staff is recommending that the Preliminary Plat approval is conditioned upon the applicant completing the requested improvements to Keats Ave. (Condition #7) Based on the above Staff report and analysis, Staff is recommending approval of the preliminary plat with 15 conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to move forward with a Final Plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) Within six months of preliminary plat approval, the applicant shall complete the following: a. The applicant shall provide adequate title evidence satisfactory to the City Attorney. b. The applicant shall submit a revised Preliminary Plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for Final Plat and prior to the commencement of any grading activity on the site. 2) The City Engineer shall review and approve all revised Preliminary Plans that are submitted to the City in advance of Final Plat to satisfy Condition #1. 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. 4) All required modifications to the plans as requested by the City Engineer in a review letter dated June 16, 2014 shall be incorporated into the plans prior to consideration of a Final Plat. 5) Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. BUSINESS ITEM 5A – ACTION ITEM 7 6) The landscape plan shall be updated per the recommendations of the City’s landscape consultant in a review memo dated 5/7/14. 7) The applicant shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 6, 2014. The required improvements shall include, but not be limited to: construction of a modified median crossing, construction of a trail/sidewalk to the south side of the median, turn lanes, and other improvements as required by the County. 8) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 9) Landscape islands shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 10) With an eligible parkland dedication of 5.7 acres provided, the applicant is responsible to pay a fee in lieu of land dedication for the equal market value amount of 2.1 acres of land at the time of the Final Developers Agreement. The City will work with the developer to clarify any and all park fee payments at the time of the Final Developers Agreement. 11) No more than 100 units may be approved as part of a final plat until secondary access is provided to the subdivision via a connection to 5th Street through the Savona subdivision. 12) For trails proposed to be located in any wetland buffer, the applicant must present a suitable design or material that is acceptable to the City and Valley Branch Watershed District. 13) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 14) The applicant must incorporate a play structure into the proposed park at Goose Lake per the request of the Lake Elmo Park Commission. Furthermore, the applicant must submit an updated design of the park property that meets City approval in advance of Final Plat. 15) The applicant shall work with the Planning Staff to name all streets in the subdivision prior to submission of a Final Plat. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Hammes Estates preliminary plat: • That the Hammes Estates Preliminary Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. BUSINESS ITEM 5A – ACTION ITEM 8 • That the Hammes Estates Preliminary Plat complies with the City’s LDR- Urban Low Density Residential zoning district. • That the Hammes Estates Preliminary Plat complies with the City’s subdivision ordinance. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Hammes Estates Preliminary Plat with the 15 conditions recommended in the Staff Report. Suggested motion: “Move to recommend approval of the Hammes Estates Preliminary Plat with the 15 conditions of approval as drafted by Staff based on the findings of fact listed in the Staff Report.” ATTACHMENTS: 1. Westwood Response Letter, dated 6/11/14 2. Updated Preliminary Plat and Plans (18 sheets) 3. Illustrative Park Plan 4. Land Credit Exhibit w/Area Calculation 5. City Engineer Review Memorandum, dated 6/16/14 6. Landscape Consultant Memorandum, dated 5/7/14 7. DNR Review Letters ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members BUSINESS ITEM 5A – ACTION ITEM June 11, 2014 Nick Johnson City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re:Hammes Property Residential Subdivision, Lake Elmo, MN Westwood No. 0002905.01 Dear Mr. Johnson: Westwood has completed revisions to the preliminary plat set. Attached are full-size copies for your review. x 5 copies-Full Size Preliminary Plan Sets, revised 06/09/14 x 10 copies-11x17 Reduced Sets, revised 06/09/14 As we discussed, only plan sheets 1-18 were revised. The landscape plans and tree replacement plans were not updated at this time. To facilitate your review, we have responded to the 19 conditions of approval, and how the plans were addressed to meet these items; 1) Within six months of preliminary plat approval, the applicant shall complete the following: a. The applicant shall provide adequate title evidence satisfactory to the City Attorney. b. The applicant shall submit a revised preliminary plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site.Comment noted. 2) The City Engineer shall review and approve all revised Preliminary Plans that are submitted to the City in advance of Final Plat to satisfy Condition #1.Comment noted. 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements.Comment noted. 4) The approval of the Preliminary Plat is contingent upon the City approving a revised shoreland ordinance that would allow for the lot sizes proposed in the portion of the Hammes Estates subdivision located within a shoreland district.Comment noted. An application for a variance was submitted for your consideration as well in regards to the DNR buffer requirement. June 11, 2014 Page 2 5) The applicants shall submit evidence that a Phase 1 Environmental Review of the site has been completed and that further environmental review is not necessary. Evidence of environmental review must be provided in advance of Final Plat.The owner will forward this directly to the city. 6) Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City.Comment noted. 7) The applicant shall provide for a minimum green belt/buffer of 100 feet around all of the adjacent Stonegate subdivision, and must either revise the preliminary plat in the vicinity of Lot 16, Block 1 to properly account for this buffer or provide evidence to the City of any acquired open space easements from the adjacent property in the Stonegate subdivision.Revisions were completed to lot 16, block 1 to maintain this buffer. 8) The landscape plan shall be updated per the recommendations of the City’s Landscape consultant. Comment noted. Landscape plan revisions will be made at a later date. 9) The utility plan shall be updated to relocate/add fire hydrants to meet spacing requirements and ensure ideal operational effectiveness per the direction of the Lake Elmo Fire Chief.All hydrants were relocated as requested by public works. 10) The applicant shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 6, 2014. The required improvements shall include, but not be limited to: construction of a modified median crossing, construction of a trail/sidewalk to the south side of the median, turn lanes, and other improvements as required by the County.Comment noted, Keats Avenue improvements have not yet been added to the plans, but would be completed on future submittals. 11) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site.Comment noted. 12) Landscape islands shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat.Comment noted. 13) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. Upon submission of the calculation, if the amount of eligible parkland that is dedicated does not equal the required total land dedication of 7.8 acres, the applicant will be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land required to meet the total dedication requirements less the eligible land dedicated for park purposes. Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. The preliminary plat was updated to include a park dedication calculation, to only count the amount of park area that provides a trail within it. June 11, 2014 Page 3 14) Any land under which public trails are located will be accepted as park land provided the trail is located within a dedicated outlot and the developer constructs said trails as part of the public improvements for the subdivision.Comment noted. A park calculation has been completed and is listed on the preliminary plat. 15) No more than 100 units may be approved as part of a final plat until secondary access is provided to the subdivision via a connection to 5th Street through the Savona subdivision.Comment noted. 16) Modifications to the proposed trails in the subdivision shall include the following: a. For trails proposed to be located in any wetland buffer, the applicant must present a suitable design or material that is acceptable to the City and Valley Branch Watershed District. In addition, staff recommends that the applicant limit the encroachment of trails into buffer areas to the greatest extent possible.The trail material within the buffer was modified to a permeable surface. The proposed surface of this trail is still a point of discussion, the city had indicated that a boardwalk may be preferred. This will require conversations with the watershed. b. The trail segment aligned to the north of Wetland A must be revised to be aligned to the south of the wetland due to concerns of the High Water Level. The trail shall be located within an outlot dedicated to the City.The proposed trail adjacent to Wetland A was shifted south of the wetland to keep it out of the 100-year flood elevation. c. The trail segment between Lots 14 and 15, Block 2 shall be located on a 30-foot outlot dedicated to the City.A Trail easement was added between lots 12 and 13, block 12. A trail outlot was added at the cul-de-sac of Street 9. A trail easement was added between lots 6,7 and 8 block 6. 17) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site.Comment noted. 18) All required modifications to the plans as requested by the City Engineer in a review letter dated May 8, 2014 shall be incorporated into the plans prior to consideration of a final plat. Specific requirements include, but are not limited to, the following: a. The Preliminary Plat must be revised to meet City standard requirements for utility easements.The site plan was altered in a number of locations to provide 30' utility easements where storm sewer, watermain or sanitary sewer was required between lots. The current lot count is now 163.The storm sewer/street plan and the utility plan were updated to include dimensioned easements, as requested. b. The Preliminary Plat must be revised to incorporate the necessary improvements to Keats Ave. (CSAH 19) as required by Washington County Comment noted, Keats Avenue improvements have not yet been added to the plans, but would be completed on future submittals. June 11, 2014 Page 4 c. The Preliminary Plat must be revised remove the Street 1 right-of-way from the minimum 25- foot buffer for Wetland A. The entire street right-of-way must be relocated outside of the minimum wetland buffer.Street 1 was shifted at Wetland B to provide a 25' minimum buffer between the wetland and the street ROW. d. The grading plan must be revised to meet the Valley Branch Watershed District standards for grading within wetland buffers.The grading plan was modified to provide 5:1 slopes within the proposed wetland buffers. e. The Grading and Storm Water Management Plan must be revised so that the subgrade of Street 1 is above the HWL for infiltration basin 5A on Outlot D.Street 1 at the intersection of Keats, and for the initial 300 feet, lies below the HWL elevation of Goose Lake. Therefore, a portion of Street 1 would also be below the HWL of our proposed basins. We will work with Engineering through the design process to look at ways to protect the road subgrade with fabric and draintile to dissipate effects of the HWL elevation within the subgrade. f. Maintenance access roads must be relocated or improved to meet City standard requirements. Ponds have accesses were added, at 10:1 slopes. g. The Preliminary Plat must be revised to provide additional details for the proposed improvements to the City park property adjacent to Goose Lake and the City’s lift station to demonstrate that the improvements can be completed as shown.An illustrative plan was completed for the park area (see attached). If requested, we can prepare an alternate plan showing a tot lot, but this will require modifications to the plan. 19) The applicant shall work with the Planning Staff to name all streets in the subdivision prior to submission of a final plat. Comment noted. Please let me know if you have any additional questions or need additional information. Sincerely, WESTWOOD PROFESSIONAL SERVICES Ryan Bluhm, PE cc. Brian McGoldrick, Hammes West LLC Jack Griffin, Focus Engineering Ha m m e s P r o p e r t y La k e E l m o , M N 6/ 0 3 / 2 0 1 4 Il l u s t r a t i v e P a r k P l a n 00 0 2 9 0 5 We s t w o o d P r o f e s s i o n a l S e r v i c e s 76 9 9 A n a g r a m D r i v e Ed e n P r a i r i e , M N 5 5 3 4 4 PH O N E 9 5 2 - 9 3 7 - 5 1 5 0 FA X 9 5 2 - 9 3 7 - 5 8 2 2 TO L L F R E E 1 - 8 8 8 - 9 3 7 - 5 1 5 0 ww w . w e s t w o o d p s . c o m 0‘50‘ 100‘ 150‘NKEATS AVE N Pa r k (C i t y P r o p e r t y ) Go o s e L a k e In f i l t r a t i o n In f i l t r a t i o n Po n d TR A I L Buffer Fi s h i n g P i e r Bo a r d w a l k Ca n o e R a c k Gr i l l S t a t i o n Pi c n i c T a b l e 16 x 2 4 S h e l t e r Pa r k i n g (1 8 s t a l l s ) 8’ B i t u m i n o u s Tr a i l Existing Lift Station W e W W st w o o d P r o f es s i o n a l Se r v i c e s i B B B B B B B B B o o o o o o a a a a a a r r r r r r d d d d d d d d d d w w w w w w a a a a a a l l l l l l l l l l k k k k k k k k k k I nf i l t r at i on 50‘100‘150‘NBuffer Fi s h i n g P i e r Ca n o e R a c k We t l a n d B o a r d w a l k Wo o d l a n d T r a i l Park Shelter Grill Picnic Table Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888-937-5150 www.westwoodps.com NHammes Property Lake Elmo, MN 06-17-2014 Land Credit Exhibit 0002905 0‘200‘400‘600‘ 100’ Greenway Buffer (TYP.) 100’ Greenway Buffer (TYP.) 30’ Trail Outlot (TYP.) 100’ Greenway Buffer (TYP.) Pond Wet. Buffer Wet. Buffer Pond Pond Pond Pond Pond Pond Wetland Wetland Wetland Wetland Wet. Buffer From:Ryan M. Bluhm To:Nick Johnson Subject:FW: 0002905 Land Credit Exhibit Update Date:Tuesday, June 17, 2014 4:35:29 PM Attachments:0002905 Land Credit Exhibit 200sc 14-06-17.pdf Attached is the revised plan. Thanks -----Original Message----- From: Steven Eggert Sent: Tuesday, June 17, 2014 3:26 PM To: Ryan M. Bluhm Subject: RE: 0002905 Land Credit Exhibit Update Total Area: 250,100 sf 5.7 ac Steven Eggert Project Planner Landscape Architecture Westwood Professional Services Serving clients across the Nation DIRECT 952-906-7458 MAIN 952-937-5150 FAX 952-937-5822 WEB www.westwoodps.com EMAIL steven.eggert@westwoodps.com -----Original Message----- From: Ryan M. Bluhm Sent: Tuesday, June 17, 2014 2:57 PM To: Steven Eggert Subject: FW: 0002905 Land Credit Exhibit Update FYI, can you make the changes -----Original Message----- From: Nick Johnson [mailto:NJohnson@lakeelmo.org] Sent: Tuesday, June 17, 2014 2:38 PM To: Ryan M. Bluhm Cc: Kyle Klatt Subject: RE: 0002905 Land Credit Exhibit Update Ryan, Attached is a sketch of what I think is appropriate. Near the cul-de-sac trail, the portion of the trail that is on private lots is not eligible for land dedication credit. In addition, along the northern greenway, areas that are within wetland buffers do not qualify, as it is encumbered land that the City could not do improvements on. The same applies for land that is dedicated within a utility easement for example. If the land is encumbered, it is not eligible per our ordinance. Does this make sense? Hopefully we can square this figure away so we are all on the same page. Thanks for completing this work. Nick M. Johnson | City Planner City of Lake Elmo, Minnesota njohnson@lakeelmo.org (w) 651-747-3912 | (f) 651-747-3901 www.lakeelmo.org -----Original Message----- From: Ryan M. Bluhm [mailto:Ryan.Bluhm@westwoodps.com] Sent: Tuesday, June 17, 2014 1:55 PM To: Nick Johnson Subject: FW: 0002905 Land Credit Exhibit Update Nick, Please see attached and the acreage below. Is this consistent with what we discussed? Thanks Ryan From: Steven Eggert Sent: Tuesday, June 17, 2014 1:45 PM To: Ryan M. Bluhm Subject: 0002905 Land Credit Exhibit Update Updated Total Area: 335,500 sf 7.7 ac PDF: P:\0002905.00\pdf\PLN\Concept\14-06-17 Land Credit Exhibit\0002905 Land Credit Exhibit 200sc 14-06-17.pdf <file:///\\fileman\projects\0002905.00\pdf\PLN\Concept\14-06- 17%20Land%20Credit%20Exhibit\0002905%20Land%20Credit%20Exhibit%20200sc%2014-06-17.pdf> Steven Eggert Project Planner Landscape Architecture Westwood Professional Services Serving clients across the Nation DIRECT 952-906-7458 MAIN 952-937-5150 FAX 952-937-5822 WEB www.westwoodps.com <http://www.westwoodps.com/> EMAIL steven.eggert@westwoodps.com <mailto:jane.doe@westwoodps.com> Confidentiality Statement: This message and any attachments may contain confidential, proprietary or legally privileged information. Any unauthorized dissemination, use, or disclosure of this information, either in whole or in part, is strictly prohibited. The contents of this e-mail are for the intended recipient and are not meant to be relied upon by anyone else. If you have received this message in error, please advise the sender by reply e-mail, and delete this message and any attachments. Thank you.   PAGE 1 of 2  MEMORANDUM         Date: June 16, 2014       To: Nick Johnson, City Planner  Re: Hammes Estates  Cc: Kyle Klatt, Planning Director  Preliminary Plat Review          From: Jack Griffin, P.E., City Engineer         An engineering review has been completed for the Hammes Estates development. Preliminary Plans were  received on June 11, 2014. The submittal consisted of the following documentation prepared by Westwood  Professional Services, Inc.:     Revised Preliminary Plans dated 06.06.2014.   Revised preliminary Storm Water Runoff Narrative, dated 06.11.2014.   Plan revision response letter dated 06.11.2014.       STATUS/FINDINGS: Engineering review comments are as outlined below. Comments that are underlined  indicate potential site plan changes that may impact the preliminary or final plat:      UTILITY PLANS AND EASEMENTS   A 12‐inch watermain stub should be extended east along Street 1 to the intersection and County R/W of  Keats Avenue for future extension to the east side of CSAH 19.   The 8‐inch watermain line from the Street 8 cul‐de‐sac to the Street 9 cul‐de‐sac passes directly under  infiltration basin 1 and does not maintain the state required 10‐foot offset from storm sewer pipe. An  alternate alignment or alternate loop connection will need to be determined as part of the final  construction plans.   The sanitary sewer segment along the east side of Lot 6, Block 6 needs to move further east to maintain  additional offset from the Lot 6 property line.   Additional plan information is needed to evaluate impacts to the City’s sewer, forcemain and lift station  infrastructure by the proposed Park improvements.   A few additional easements or pipe alignment adjustments will be needed. These adjustments do not  appear to create site plan difficulties and can be completed as part of the final construction plans.   Along the 42‐inch storm sewer pipe behind Lots 2‐6, Block 10.   At the northeast corner of Lot 1, Block 10.   Along the rear yard of Lot 17, Block 11.    STORM SEWER SYSTEM   The storm sewer system or grading plans must be revised to provide the City standard minimum pipe  cover of 3.5 feet. Throughout the site plan the storm sewer minimum cover has not been provided. It  appears that additional cover can be easily accomplished in most areas. However a few areas will require  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.  651.300.4261 Jack Griffin, P.E.               651.300.4264  Ryan Stempski, P.E. 651.300.4267  Chad Isakson, P.E. 651.300.4285    PAGE 2 of 2  site plan design changes to provide an acceptable storm sewer system design that integrates properly  with the street section, drain tile connections and other utilities.   Drain tile is required as part of the City standard street section at all localized low points in the street.  Drain tile considerations may impact the storm sewer design and depth requirements.    CSAH 19 (KEATS AVENUE) IMRPOVEMENTS   Written documentation is required to demonstrate Washington County approval for the proposed access  to Keats Avenue together with any County requirements. Turn lane, by‐pass lane and other improvements  on CSAH 19 as required by Washington County must be identified and incorporated into the plans.   Street 1 improvements must extend into the County Road R/W and connect to CSAH 19 including turning  radii and drainage provisions.     WETLANDS AND WETLAND BUFFERS   VBWD requires a minimum 25‐foot buffer when buffer averaging is used. In addition, the VBWD does not  allow impervious surfaces to be placed on wetlands or wetland buffers.    The wetland buffer for Wetland G encroaches over the proposed trail between Lot 6, Block 10 and Lot 12,  Block 9.    GRADING AND STORM WATER MANGEMENT   Erosion Control Plans were not reviewed at this time. A detailed review will be completed with the review  of the Final Construction Plans.   The site plan is dependent upon and subject to the storm water management plan meeting the VBWD  rules and regulations. Storm water facilities proposed as part of the site plan to meet VBWD permitting  requirements must be constructed in accordance with the City Engineering Design Standards Manual.  Plan modifications may be necessary to meet these requirements and standards and must be completed  prior to grading operations or start of construction.   Additional information is needed to complete a review of the proposed storm water management plan  and to verify the proposed grading.   Wetland A area: The existing HWL for Wetland A appears to extend north over the entire existing  adjacent property. More information is needed to describe and verify the existing conditions in this  area including the existing elevation of the adjacent home.   Wetland A / Pond 2, Treatment Basin and Infiltration Basin 2 area: The proposed storm water plan  does not identify a system EOF. More information is needed to describe and verify the proposed  flood condition and emergency overflow path to ensure that flood conditions are not increased for  adjacent properties.   Outlot A area including all wetlands, ponds and infiltration basins: More information is needed to  describe and identify the proposed flood condition and emergency overflow path. All proposed  ponds, treatment and infiltration basins appear to be connected to Goose Lake during flood  conditions. If there is no emergency outlet, back to back storm events may need to be evaluated.   Infiltration basin 5 and 5A on Outlot D: The HWL for these facilities (932.0) are above the adjacent Street 1  sudgrade elevation. The infiltration basin HWL must be below the street subgrade and the  interconnecting storm sewer pipes must be lowered to provide additional pipe cover. This will require  additional horizontal and vertical separation from the street and infiltration basins.   Storm water pond, infiltration basin, and wetland HWLs must be fully contained within Outlots. The 100‐ year HWL for Wetland G encroaches proposed Lots 4, 5 and 6, Block 10, and Lots 2 and 3, Block 9; and the  100‐year HWL for Wetland F encroaches proposed Lots 1 and 2, Block 8.   No HWL has been provided as required for Wetland E.    The grading plans need to be extended to include the Park Improvements proposed near Goose Lake.  From:Shodeen, Molly (DNR) To:Nick Johnson Cc:Kyle Klatt; Dean Zuleger; Petrik, Daniel (DNR) Subject:RE: June Land Use Review Date:Monday, June 16, 2014 12:07:19 PM Attachments:image002.jpg Thanks Nick, as I said in my last letter, we believe that the 150’ riparian dedication must be applied to the manmade channel/southern extension of the lake. DNR permit rules consider anything that is dredged and attached to the lake to be part of the lake, and as such must meet any setback requirements, as well as in this case, the 150’ buffer requirement. We do not see that there are practical difficulties beyond financial for issuing the variance and we recommend that the variance be denied. We consider the Met Council argument to be a bit weak as there are other developments coming up that will get you to your projections. As an alternative, we would request that a berm be placed across the access channel to restore the Goose Lake basin to what it was. The photos show that it was excavated sometime between the 60’s and 90’s without any DNR permits. A permit would be needed to close it off, but we would consider it to be a restoration. The photos also show that originally in 1991 there was a very narrow connection which was again illegally widened since 1991 to its current configuration. As far as the ordinance goes, we need to meet to discuss any and all changes that you have made unless you have a strike through version to show the changes. I need to discuss your reaction to my suggested changes that were not made in the final ordinance. For any buffer implementation, we request that it be marked and monumented to prevent encroachment over time. As previously stated, we would like to see that right in the ordinance. You also need to request implementation flexibility as part of the request to approve the ordinance. It is a letter asking that we consider allowing flexibility for the city to deviate from the statewide standards. The letter needs to detail what the request is, and how it will afford additional protection for the resources to justify the flexibility. From: Nick Johnson [mailto:NJohnson@lakeelmo.org <mailto:NJohnson@lakeelmo.org> ] Sent: Tuesday, June 10, 2014 12:07 PM To: Shodeen, Molly (DNR); John Hanson (jhanson@barr.com <mailto:jhanson@barr.com> ) Cc: Kyle Klatt; Dean Zuleger Subject: June Land Use Review Molly and John, Please see the attached land use review for the June 23rd Planning Commission meeting. If possible, please send review comments by Wednesday, June 18th. Hard copies are being placed in the mail today to your office. Thanks for your attention to this matter. Nick M. Johnson | City Planner City of Lake Elmo, Minnesota njohnson@lakeelmo.org <mailto:njohnson@lakeelmo.org> (w) 651-747-3912 | (f) 651-747-3901 www.lakeelmo.org <http://www.lakeelmo.org>