HomeMy WebLinkAbout9-14-15-Planning-Commission-Packet
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, September 14, 2015 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. August 24, 2015
4. Presentations
a. GATEWAY CORRIDOR PRESENTATION – Washington County has been
asked to give the Planning Commission an update concerning the Gateway
Corridor Bus Rapid Transit Line through Lake Elmo. East Metro Strong will also
be presenting an update concerning a potential Market and Fiscal Impact Study
associated with future Gateway Corridor planning.
5. Public Hearings
a. LEGENDS OF LAKE ELMO CONCEPT PLAN – The city has received an
application for an open space development concept plan on three unaddressed
parcels totaling 110 acres to the North of 50th Street North and to the South of the
Sanctuary development. This concept plan includes 51 residential lots – The
PID’s of the subject property are: 01-029-21-42-0003; 01-029-21-43-0001; 01-
029-21-41-0001.
6. Business Items
a. MINOR SUBDIVISION – The City has received an application for a minor
subdivision from the Kleis family. This minor subdivision will create two new
ten acre parcels, leaving approximately 34 acres with the original farmstead at
9130 55th Street Lane. The PID of the subject property is 03-029-21-24-0001.
7. Updates
a. City Council Updates – September 1, 2015 Meeting
i. Village Park Preserve Final Plat Extension – Passed.
ii. Zoning Text Amendment – Commercial Wedding Ceremony Venue
Ordinance – Passed.
iii. Inwood 2nd Addition Final Plat – Passed.
iv. Savona 3rd Addition Final Plat – Tabled.
2
v. NE Metro 916 Intermediate School District Final Plat and Preliminary and
Final PUD Plans – Passed.
b. Staff Updates
i. Upcoming Meetings:
September 28, 2015
October 12, 2015
c. Commission Concerns
8. Adjourn
Lake Elmo Planning Commission Minutes; 8-24-15
City of Lake Elmo
Planning Commission Meeting
Minutes of August 24, 2015
Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dodson, Dorschner, Williams, Fields, Haggard, Griffin and
Kreimer
COMMISSIONERS ABSENT: Larson
STAFF PRESENT: Community Development Director Klatt
Approve Agenda:
The agenda was accepted as presented.
Approve Minutes: August 10, 2015
M/S/P: Williams/Kreimer, move to approve minutes as amended, Vote: 6-0, motion
carried with Haggard abstaining.
Public Hearing: Final Plat and Preliminary and Final PUD Plans – NE Metro 916
Intermediate School District
Klatt began his presentation regarding Independent School District 916 proposing to
construct a public school within the Eagle Point Business Park, with minor amendments.
This will be in compliance with city design standards for buildings within a Business park.
Fields asked if the service agreement is comparable to what the City would receive in
tax revenue if this was a commercial development. Klatt stated that the service
agreement is $30,000 which is comparable to what the City would receive.
Williams asked about adding a condition stating that all of the conditions in the City
Engineers letter dated August 21, 2015 be met.
Dodson asked if it is necessary to have condition 10 regarding the sign. Klatt stated that
he feels it is. Dodson asked about a possible trail. Erickson responded that these kids
do not leave the site during the day. There is no public access to the park which is why
the parkland fee is being paid.
2
Lake Elmo Planning Commission Minutes; 8-24-15
Haggard asked if this facility will be used in off hours by other enti ties. Erickson stated
that because of the special nature of this school, it would not be used for other
purposes like other schools are.
Public Hearing opened at 7:43 pm
The only correspondence the City received was a letter from ISD 916 stating that th ey
have been in contact with Bremer Bank regarding some issues.
Public Hearing closed at 7:44 pm
M/S/P: Williams/Haggard, move to recommend that all changes and modifications of
the plans requested by the City Engineer in review memo dated 8/21/15 shall be
incorporated into these documents before they are approved, Vote: 7-0, motion carried
unanimously.
M/S/P: Williams/Haggard, move to recommend deleting conditions 3 and 7 which deal
with the service agreement and lighting plan as these issues have been resolved, Vote:
7-0, motion carried unanimously.
Dodson feels that the parkland dedication should be waived as this is a school and has a
public purpose. Dorschner and Haggard disagree because it is a regional school that
benefits students in multiple cities and our City is losing the ability to develop this as
commercial.
Dorschner does not feel that a school belongs in the business park. He feels that if the
CUP had not already been issued, he would have voted to deny this as there are other
more appropriate areas to locate this school.
M/S/P: Williams/Kreimer, Move to recommend approval with findings as drafted and
with the amended conditions as discussed and recommended, Vote: 7-0, motion carried
unanimously.
Business Item: Final Plat – Inwood 2nd Addition
Klatt began his discussion regarding the final plat for Inwood 2 nd addition. This final plat
does not include any specific development or PUD Plans. It only re-subdivides a larger
outlot that was platted with 1st addition. The proposed final plat includes 21 single-
family detached lots covering outlot E of Inwood 1st addition.
Dodson asked if condition #2 regarding the Common Interest Agreement, is really
necessary. Klatt stated that it should be covered from 1st addition, but it is a blanket
condition just to cover the City.
3
Lake Elmo Planning Commission Minutes; 8-24-15
Kreimer asked when the switch will happen from sewer coming from Oakdale vs. the
new collector. Klatt stated that he believes it is the Woodbury interceptor. Klatt stated
that the timing is based on the Met Council timing. Kreimer asked if with all the
development, we would run short of the overall number that would be allowed to hook
up before our interceptor is completed. Klatt stated that he believes the engineers are
keeping an eye and that and would let us know if we are coming close to that number.
M/S/P: Williams/Fields, Move to recommend approval of Inwood 2nd addition Final Plat
with the conditions of approval and the findings of fact as listed in the Staff Report,
Vote: 7-0 motion carried unanimously.
Business Item: Savona Third Addition – Final Plat
Klatt began his discussion regarding a final plat request from Lennar for the 3 rd phase of
a planned 310 unit development. This phase will include 21 single family lots and 99
single family attached units, all of which will be accessed via the 5th street Parkway off of
Keats Ave. The city previously approved a conditional use permit that allowed the single
family attached units to be accessed via a series of private roads.
Williams asked why the HOA agreement was only for 1st and 2nd Addition and not all
subsequent additions. Klatt stated that it is a condition so that they have a chance to
review it.
Klatt mentioned that staff would like to see an additional condition added that any
assessments due would be due prior to the recording of the final plat.
Paul Tabone, Lennar, stated that there are 2 HOA’s, 1 for the single family homes and 1
for the townhome area. The homes in 3rd addition will be added to the appropriate
HOA document.
Klatt stated that there is a separate maintenance agreement spelling out what the HOA
is responsible for such as landscaping and meters in common outlots and center
medians.
M/S/P: Kreimer/Haggard, Move to add condition 11 to read “Park Commission will
review and approve plans for a tot lot which shall be installed when block 11 of the
townhouse area is built”, Vote: 7-0 motion carried unanimously.
M/S/P: Williams/Haggard, Move to add the words “and safety fencing” to condition 8 so
it reads “The proposed retaining wall east of Block 13 must be designed by a
professional engineer registered in the state of Minnesota and must comply with all
applicable building codes and any other authorities with jurisdiction for the wall and
safety fencing and proposed grading adjacent to the wall”, Vote: 7-0 motion carried
unanimously.
4
Lake Elmo Planning Commission Minutes; 8-24-15
M/S/P: Williams/Haggard, Move to add condition 12 to read “all special assessments
due for the entire Savona 3rd addition shall be paid prior to the recording of the plat”,
Vote: 7-0 motion carried unanimously.
M/S/P: Williams/Kreimer, Move to add condition 13 to read “the City Landscape
Architectural consultant shall review the plans for the retaining wall around the pond at
the SE corner and make recommendations for landscaping which will soften the view
and/or screen the wall from Keats Ave”, Vote: 7-0 motion carried unanimously.
M/S/P: Williams/Dodson, Move to recommend approval of the Final Plat for Savona 3rd
Addition with the 13 conditions of approval and conditions listed in the staff report,
Vote: 7-0 motion carried unanimously.
Business Item: Future Household Projections Discussion
Klatt started his presentation regarding future household projections. He stated that
the City has also been looking at pro-formas as well to look at financial numbers to pay
for water and sewer. Klatt went through the approved number of 1829 combined units
in the I94 and Village Planning Areas. The future potential under the current comp plan
is a combined total of 2485. Total approved and potential under Comp Plan is 4314.
With the new system statement, there is potential for a reduction of 1278.
Dodson asked if the BRT played into the systems statement. Klatt stated it has not been
adopted into the regional plan yet and therefore, would not be a factor.
The city is no longer under a mandate from Met Council to achieve certain population
densities under a certain time frame. There is no longer a memorandum of
understanding. These are target numbers and we have more discretion on how we
grow.
Fields would like to see us be as aggressive as possible in using the I94 corridor for
commercial. Possibly Business Park or light industrial. It will employ more people and
bring more tax revenue to keep property taxes down. He also doesn’t want us to fall
into a trap with the BRT to have high density housing along that to feed nodes of
employment in other areas.
Williams asked if with this analysis they have looked at the payback of the uti lity costs.
Klatt stated that they have not looked at that with this analysis, but the Council has
asked for additional analysis with the pro-formas.
Klatt brought up a map regarding the rural area and potential for future development.
He looked at the parcels over 40 acres which would be eligible for OP development.
5
Lake Elmo Planning Commission Minutes; 8-24-15
Calculated out, it ends up with just under 700 housing units. If you add in 20 acre
parcels, you would add an additional 300 housing units. This did not take into
consideration sites that have water bodies or land owners that have no intention of ever
developing. Tartan Park is not part of this calculation as it is currently guided as a Public
Facility.
Klatt went through the rural areas and what was projected and how those numbers
could be rebalanced.
Klatt stated that the next step for the Planning Commission would be a conversation
regarding how to proceed with Comp Plan updates. How should we rebalance with the
new system statement, and to start gearing up for the 2018 Comprehensive Plan
amendment. Once the system statement is released, we can start planning against that
and adopting Comprehensive Plan Amendments.
Kreimer would like to state that south of 10 th Street needs to get significant relief as the
people that live down there also came to Lake Elmo for the rural character as well.
Dodson would like to see a workshop in place to start the discussion for the planning.
Williams asked if the system statement talks about rec units or just population and
households. Klatt stated that it talks about both, but is primarily focused on households
and population.
Council Updates – August 18, 2015 Meeting
1. Preliminary Plat/Plan and PUD Plat/Plan – Auto Owners – Passed.
2. Zoning Text Amendment – Subdivision Identification Signs – Passed with
Changes.
3. Projected City Growth Analysis – Update.
Staff Updates
1. Upcoming Meetings
a. September 14, 2015
b. September 28, 2015
Commission Concerns
Haggard is concerned that preliminary and final plats are being brought forward
together. She would prefer to see them separate. She thinks there is some risk for the
city. Klatt stated that the Commission is able to approve just the preliminary and not
the final or they can table it. Kreimer stated that he is glad to know that they can
separate it.
6
Lake Elmo Planning Commission Minutes; 8-24-15
Williams has a concern regarding affordable housing. There have been a couple of
recent articles regarding the lack of affordable housing in the metro area. He is
wondering if in the sewered areas we could require a certain percentage of affordable
housing. There was some discussion by Commission, but no solution was decided.
Klatt stated that he has participated in discussions with Washington County. There is
the livable communities act which means we are obligated to meet certain things, but
we are also eligible for funding. Williams would like to see it addressed at a future date.
Meeting adjourned at 10:50 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
City of Lake Elmo Planning Commission Agenda Item
Executive Summary
Title of Item: OP Development / Concept Plan Review: Application from Landucci
Homes requesting approval of an OP development concept plan that
would create fifty-one (51) lots on 90.15 gross buildable acres. The
development is currently be called “Legends of Lake Elmo.”
Meeting Date: 9-14-15
Staff Reporting: Ben Gozola, City Planner
Summary: An OP Concept Plan allows a developer to gain initial feedback on a
development proposal prior to investing significant dollars towards the
idea. The initial proposal for the “Legends of Lake Elmo” is a traditional
OP development utilizing a community septic system to serve each of the
51 lots they wish to develop. Areas of concern that the Commission
should focus on include the number of proposed OP deviations (4), park
land, phasing, and whether the layout is appropriate given the location of
farmlands, woods, and surrounding home sites.
Guidance: The review criteria for concept plans is very broad and subjective, so
approval or denial at this stage is less about compliance with specific
standards, and more about determining whether the proposal is best
for this property, best for the surrounding properties, and best for the
City as a whole.
The commission is asked to consider all facts outlined in the report,
and make a recommendation of approval or denial for Council
consideration.
Things to consider for an approval recommendation are listed on
pages 25 & 26
Things to consider for a denial recommendation are listed on page
27
ATTACHMENTS:
1. Area Map
2. Staff Report
3. Engineering Memo
4. Fire Chief Memo
5. Neighbor Feedback
6. Applicant’s Submittals
ORDER OF BUSINESS:
- Introduction ................................................................................ Consulting Planner
- Report by Staff ........................................................................... Consulting Planner
- Questions from the Commission .............................Chair & Commission Members
- Questions to the Applicant ......................................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
Legends of Lake Elmo
SITE IDENTIFICATION MAP
Location within the City of Lake Elmo
TAMARACK
FARM
ESTATES
CARRIAGE
STATION
SANCTUARY
THE FIELDS
OF ST CROIX
TANA
RIDGE
City of Lake Elmo Planning Department
OP Development / Concept Plan Review
To: City Council
From: Ben Gozola, City Planner
Meeting Date: September 14th, 2015
Applicants: Landucci Homes
Location: North of 50th Street North & South of the Sanctuary Development
Introductory Information
Request: The applicants are seeking approval of an OP development concept plan that would create
fifty-one (51) lots on 90.15 gross buildable acres. The development is currently be called
“Legends of Lake Elmo.”
Site Data: Existing Zoning – RR (Rural Residential)
Land Use Guidance – RAD (Rural Area Development)
Parcel sizes – 50.03 acres, 20.0 acres, and 39.97 acres (110 gross acres total)
Property Identification Numbers (PIDs): 01-029-21-42-0003, 01-029-21-43-0001,
and 01-029-21-41-0001
Various Calcs: TOTAL PROPERTY AREA ...........................................................110.01
BUILDABLE ACREAGE ..............................................................90.15
LAND USED FOR LOTS ..............................................................40.78
OPEN SPACE (INCLUDES PARK) .............................................57.50
– PARK AREA ......................................................................3.93
PERCENT OF OPEN SPACE/PARK ...........................................52.27%
RIGHT OF WAY ...........................................................................11.72
WETLAND AREA ..........................................................................17.93
WOODED AREAS ........................................................................20.22
STEEP SLOPE AREAS .................................................................1.93
TOTAL PROPOSED LOTS ...........................................................51
GROSS DENSITY ..........................................................................0.46 UNITS/ACRE
NET DENSITY ..............................................................................0.57 UNITS/ACRE
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 2
Review
Site Character: Applicant Comments: Legends of Lake Elmo is proposed as an open space
development, located in the northeastern portion of the City, Section 1, Township 29N,
Range 21W. The project property consists of 110.1 acres, bordered on the south by 50th
Street, Tamarack Farm Estates and Carriage to the east, St. Croix Sanctuary to the
north and large agricultural properties to the west. The site is best characterized as
rolling open farm fields surrounded by existing mature oak stands, pines and wetlands,
by far one of the nicest natural beauty parcels in Lake Elmo.
Fortunately the availability of farm fields and natural terrain allow the proposed design
to preserve every wetland and nearly all of the mature trees. The Open Space
Ordinance appears to have been written with this parcel in mind.
Staff Comments: The rolling hills, open farm fields and scattered woodlands on these
three (3) parcels are a prime example of Lake Elmo’s rural landscape.
“OP” STANDARDS REVIEW:
Land Area:
According to code, applications for a residential OP development shall meet the following
criteria unless modified by a 4/5 vote of the City Council:
A. The minimum land area for the proposed OP development shall be 40 acres;
Staff comment: The development is proposed on 110 gross acres. Criteria met.
B. The ratio of parcel length to width shall not exceed 3:1
Staff comment: The width to depth of the three parcels which make up this
proposed development is roughly 1:1. Criteria met.
C. The total number of dwelling units permitted shall be according to the development
density criteria contained in the Comprehensive Plan (0.45 dwelling units per
buildable acre when planned as part of an Open Space Preservation development);
AND
D. The total number of dwelling units within an OP development shall not exceed the
density limitations contained in the Comprehensive Plan for OP Districts.
Criteria “C” and “D” are identical, so they were reviewed together.
Applicant comment: The density of the project, based on the underlying zoning
is 18/40 for an open space development. Subtracting out the steep slopes and
wetlands the net acreage for the development is 90.15 acres, which nets 40.57
units. Because of the uniqueness of the property and our ability to save the natural
features, we can demonstrate the bonus for this proposed plan to be 20%, which
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 3
(cont.) nets an additional 8.11 units, giving a total of 49 total units to plan for the new
development. To help create more of a sense of community for this development,
Sanctuary and Carriage Station, we are proposing a community park in the
northeast corner of the proposed development. In order to accomplish this we
respectfully request an additional two lots be included in our total lot count, with
a requested total of 51 units.
The average lot size as proposed is 34,833 sq. ft., 62% larger than the required
21,780 sq. ft. minimum. The typical lot width as demonstrated on the concept plan
is 140-ft in width. The smallest proposed lot is 25,550 Sq. Ft., with the largest at
48,953 Sq. Ft. As found in the following table [see page 1] the overall gross density
is proposed at 0.46 units/acre, with net density at 0.57 units/acre.
Staff comment: The provided documentation identifies 90.15 net buildable acres
after protected wetlands and sloped areas are taken out of consideration. As 51
units are proposed, the resulting density is 0.57 units per acre. The applicant is
requesting a modification to this requirement based on the arguments above. This
criteria will require a 4/5 vote of the City Council in order to be met.
E. Total preserved open space within the proposed development shall be at least 50% of
the total Buildable Land Area as defined by Chapter 150 of the City Code;
Staff comment: Based on 90.15 buildable acres, this development is required to
set aside a minimum of 45.08 acres of open space to meet the requirements of OP
development. The applicant is proposing 57.5 acres of open space (a 27.5%
increase over the minimum requirement). Criteria met.
F. Dwelling units are to be grouped so that at least 50% of the Buildable Land Area of
the proposed development remains in preserved open space.
Staff comment: The proposed open spaces are all interconnected and coordinated
throughout the proposed development. Suggestions for improvement are listed
under the review of open space below. Criteria met.
Open Space:
Applicant Comments on Open Space: The open space as proposed is predominately
preserving wetland and subsequently the large areas of mature oak forest on the
property. The largest open space area is Outlot B, 29.57 acres of hardwood forest and
high valued wetlands.
With this concept the park, situated in the northeast corner of the development, will help
create a sense of community for all three adjoining developments in the area. The park
is planned to accommodate a play structure, which is proposed to be relocated from
Sanctuary and move to this new location. In addition to the park structure a community
park shelter would be constructed. The adjoining wetland could also be utilized during
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 4
(cont.)
the winter as a community ice rink. The expense of creating this new park is the driving
force behind our request for the additional two units for this development.
Trails are proposed to make the beautiful natural areas accessible to the subdivision and
with the connectivity of trails, the natural areas will be open to the surrounding
subdivisions to enjoy as well. A very logical and necessary connection of the trail system
is completed with this subdivision trail layout, which is a north south connection to the
50th Street Trail. Families from St. Croix Sanctuary, Carriage Station, Tamarack Estates,
Tana Ridge, Fields of St. Croix and others will be able to complete large bicycle, running
or walking loops with this design and gain better access to the proposed park area with
vehicles.
By code, open space created as part of an OP development must meet the following
criteria unless modified by a 4/5 vote of the City Council:
A. Open space created as part of an OP development must be protected by a conservation
easement;
Staff comment: The applicants have not indicated whether they have identified
an agency to oversee the required conservation easement for the proposed open
space. As part of the Concept plan review, they will be directed to have this
requirement addressed prior to proceeding to Preliminary Plat if allowed to do so.
B. Not less than 60% of the preserved open space shall be in contiguous parcels of not
less than ten (10) acres;
Staff comment: Outlots B (29.32 acres) and H (11.7 acres) make up 71.3% of the
proposed open space in this development, and both Outlots are proposed to be
contiguous. Factor in Outlot F (6.29 acres) which is also contiguous save one
road, and nearly 80% of the proposed open space will be connected.
While this criteria is met, that’s not to say there are not areas worthy of debate
for potential change. Staff would encourage the applicant, Planning Commission
and Council to consider whether the following areas can/should be reconfigured:
i. The area around the three lots on Outlot H leaves very limited separation (≈15’)
between the private lots and the private land to the west. Consideration should
be given to three smaller lots with a shared driveway configuration to increase
this buffer.
ii. Similarly, the chimney portion of Outlot I only provides a 25’ separation
between the proposed lots and the private land to the west. Infringement into
this part of a conservation easement, unless clearly denoted somehow, would
be likely if this configuration remains.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 5
(cont.)
iii. Outlot F and its interplay with the dedicated park in Sanctuary must be given
consideration as part of this development review. This is especially important
given the following problems with the existing City Park:
– The existing park is dismally located and acts far more as an extended
backyard for eight private residential lots than as a gathering/play place for
the public.
– Despite being public, the land and its equipment is largely hidden from the
public: it cannot be seen from any nearby road, and there is no sign on Lily
Avenue North to indicate a park is present.
– Access to the Park is difficult (especially for the handicapped) given the
topography leading to the park, and the fact that the asphalt path becomes
a gravel mess before turning into grass prior to actually reaching the
groomed park land.
– Ignoring the Park’s major shortcomings in terms of location and
accessibility, the topography throughout the park parcel (from north to
south) makes it largely unusable for active uses except in the area where
playground equipment has been added. While topography, woods and
wetlands are great feature within a private park or in preserved open space,
it is not ideal land for an active public park (which this land is assigned to
be).
In staff’s opinion, the only way overcome the existing poor design
characteristics of Sanctuary Park is to make the land both visible and easily
accessible via adjacent development. Unfortunately, topography between
proposed Outlot F and the existing Sanctuary Park is such that addressing
either visibility or accessibility is nearly impossible. The only apparent
reason to expand the Sanctuary Park with land in the Legends development
would be to create a public sledding hill. If the City has no interest in that
type of facility, the City should be focusing on parkland elsewhere (and the
configuration of Outlot F becomes less of a concern).
C. Preserved open space is to be maintained for the purposes for which it was set aside;
Staff comment: Per the applicant’s narrative, the proposed open space will be
passively managed as maintenance areas for wetlands and woods. Criteria met.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 6
(cont.) D. Where applicable, a homeowner’s association shall be established to permanently
maintain all residual open space and recreational facilities;
Staff comment: The applicant is anticipated to create an HOA to handle at least
trail maintenance (cleaning and plowing), maintenance of development
landscaping, and maintenance of the entrance monument(s). Criteria met.
E. Preserved open space shall be contiguous with preserved open space or public parks
on adjacent parcels.
Staff comment: The proposed open space is contiguous with open space or
parkland on adjacent property. Criteria met.
Lot Design: According to code, lots are to be designed to achieve the following objectives:
A. On the most suitable soils for sub-surface septic disposal.
Staff comment: Per the applicant, the proposed community septic system is
proposed to be located on the best soils for the design being proposed. Assuming
engineering agrees with this assessment, this critieria will be met.
B. On the least fertile soils for agricultural uses and in a manner which maximizes the
usable area remaining for such agricultural use.
Staff comment: Please see the soils data and maps on the following pages.
Soil
Symbol Map Unit Name Acres
Percent
of total
acres Farmland Rating
HIGH QUALITY FARMLAND
153B Santiago silt loam, 2 to 6
percent slopes 19.1 17.4% All areas are prime farmland
49B Antigo silt loam, 2 to 6
percent slopes 10.7 9.7% All areas are prime farmland
264 Freeon silt loam, 1 to 4
percent slopes 7.6 6.9% All areas are prime farmland
49 Antigo silt loam, 0 to 2
percent slopes 1.4 1.3% All areas are prime farmland
120 Brill silt loam 1.4 1.3% All areas are prime farmland
266 Freer silt loam 5.1 4.7% Prime farmland if drained
468 Otter silt loam 3.0 2.8% Prime farmland if drained
48.3 acres 44%
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 7
MODERATE QUALITY FARMLAND
342C Kingsley sandy loam, 6 to 12
percent slopes 8.6 7.9% Farmland of statewide importance
49C Antigo silt loam, 6 to 12 percent
slopes 1.9 1.8% Farmland of statewide importance
155B Chetek sandy loam, 0 to 6 percent
slopes 1.7 1.5% Farmland of statewide importance
153C Santiago silt loam, 6 to 15 percent
slopes 0.6 0.5% Farmland of statewide importance
12.8 acres 12%
LOW QUALITY FARMLAND
155C Chetek sandy loam, 6 to 12
percent slopes 13.6 12.3% Not prime farmland
896C Mahtomedi-Kingsley complex, 3 to
12 percent slopes 9.8 8.9% Not prime farmland
W Water 4.9 4.5% Not prime farmland
456 Barronett silt loam 4.5 4.1% Not prime farmland
453C DeMontreville loamy fine sand, 6
to 12 percent slopes 4.3 3.9% Not prime farmland
541 Rifle muck 4.0 3.7% Not prime farmland
896D Mahtomedi-Kingsley complex, 12
to 25 percent slopes 4.0 3.7% Not prime farmland
155D Chetek sandy loam, 12 to 25
percent slopes 3.6 3.2% Not prime farmland
454B Mahtomedi loamy sand, 0 to 6
percent slopes 0.1 0.1% Not prime farmland
48.8 acres 44%
TOTALS: 110.0 100.0%
Washington County Soil Survey data from the USDA Soil Survey Website (http://websoilsurvey.nrcs.usda.gov/)
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 8
Soils Map
High Quality Farmlands = GREENS
Moderate Quality farmland = BLUES
Low Quality Farmlands = RED
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 9
Soils vs. Lot Layout Comparison
Many of the lots in the northern half of the development are largely located on higher quality soils, so
a 4/5 vote of Council is recommended to authorize continuance of the proposed layout under this
criteria.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 10
(cont.) C. Within any woodland contained in the parcel or along the far edges of open fields
adjacent to any woodland.
Staff comment: The lot design will border the woodland on the northern portion
of the property, but many of the lots to the south and west will largely be located
on land that is currently farmed today. Again, a 4/5 vote will be needed to find
compliance with this criteria.
D. In locations least likely to block scenic vistas as viewed from Hwy 36.
Staff comment: The property is not visible from Hwy 36. Criteria met.
E. Away from woodlands in open fields.
Staff comment: This criteria appears to be the opposite of Criteria C, so given
the proposed configuration away from woods and within open fields, we find this
criteria is met.
Structures: The applicant is planning to construct homes at a slightly higher price point than the
ones found in the Sanctuary development to the north.
Buffer Zones: Applicant Comments on Home Setbacks and Buffering: With the confining nature of
this site and desire to save the trees and wetlands of the site, we are proposing the
setbacks to this projects as defined on the plan and request this as part of the Planned
Unit Development Process.
The required buffer zones from the properties to the north, south, and west are
currently not met by the proposed development plan. Per code, one-hundred (100)
foot buffers are required from the adjacent OP developments (St. Croix Sanctuary,
Tamarack Farm Estates, The Fields of St. Croix, and Tana Ridge), and two-hundred
(200) foot buffers are required from Carriage Station to the east, and the Bergman &
Vanderhoff properties to the west.
As part of this concept plan proposal, the applicant is seeking a 4/5 vote of Council to
reduce the surrounding buffers from adjacent development as proposed.
Boulevard
Landscaping:
Applicant Comments on Landscaping: With the homes being positioned in the
open farm fields, the addition of trees in the boulevards and around ponding areas
will be necessary to enhance the development. The concept plan demonstrates the
initial conceptual design for tree plantings, providing buffering and beautification of
the site.
Per code, boulevard landscaping is required along all streets. Such landscaping shall
consist of at least one tree per every 30 feet, or be placed in “dusters” at the same
ratio.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 11
(cont.) Landscaping over the entirety of the site must consist of at least ten (10) trees per
proposed building site, and such trees shall not be smaller than 1.5 caliper inches
when measured at 54 inches above grade level.
As part of a future preliminary plan submission, the applicant will be required to
provide a landscape plan for the entire site that meets the above requirements.
Lot
Configuration:
Section 150.180 (B)(2)(h) sets minimum lot sizes based on whether lots will be
serviced by individual septic systems or a communal facility. As the applicant
proposes to hook up to a communal system, the minimums lot size would be ½ acre
which is met by all proposed lots.
The following is a listing of all proposed lot sizes. One acre – 43,560 square feet;
one-half acre = 21,780 square feet.
LOT SQ FT LOT SQ FT LOT SQ FT
1 34,198 18 38,020 35 30,000
2 43,484 19 37,386 36 31,005
3 44,238 20 37,854 37 30,718
4 36,841 21 34,384 38 35,073
5 37,979 22 36,419 39 32,786
6 37,500 23 46,612 40 32,856
7 35,049 24 35,309 41 26,473
8 32,601 25 34,916 42 31,395
9 37,816 26 36,887 43 36,170
10 38,518 27 34,398 44 27,907
11 48,953 28 40,051 45 22,500
12 36,386 29 40,676 46 22,500
13 33,851 30 42,695 47 22,500
14 32,785 31 35,499 48 22,500
15 32,740 32 31,875 49 32,164
16 31,178 33 35,722 50 35,844
17 34,748 34 30,007 51 46,548
Staff Comments: All of the proposed lots meet the basic requirements for lot
dimensions as spelled out in code.
Pathways:
The proposed development includes a comprehensive trail system to serve this and
surrounding development.
The overall length of paths proposed by the concept plan is approximately 10,000 feet
(1.9 miles).
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 12
(cont.) Trails are proposed to be eight (8) foot wide bituminous paths.
Staff Comments: A critical pedestrian connection needed by the City is the
construction of a bituminous trail on the north side of 50th Street connecting
Outlot I to Outlot H and extending to the westerly limits of the Plat (including the
Phase 1 Lots). This connection must be shown on any future preliminary
application. Other than that, the requirements for pathways appear to be met by
the proposed plans. Criteria met.
Proposed
Density:
The maximum dwelling density within an OP development shall be 18 units per 40
gross acres of buildable land (or 0.45 units per acre). With 90.15 acres of buildable
land available, a maximum of 40 units is allowed by code.
o 90.15 * 0.45 = 40.57 = 40 units
As proposed, this development would result in 51 units on 90.15 acres of buildable
land which equates to a density of 0.57 units per acre (a 27.5% increase). A 4/5 vote
of Council will be needed to find compliance with the OP density standard.
To support their argument for a density increase, the applicants completed an analysis
of their proposal against the “amenities” criteria used by the City to judge density
increases in the context of a PUD.
Applicant Comments: We feel that the following amenity points are available for this
proposed design, meeting or exceeding the number of points needed to achieve a bonus
of 20%:
– 10 Points: Additional Open Space
Contiguous and Connecting Trail System
– 10 Points: Right of way and Trail
Connection to property to the east, not needed for this development, but serves a
needed purpose for future emergency vehicle access. Also planned are 60-ft right
of way widths instead of the minimum 50-ft.
– 5 Points: Pedestrian Improvements
Pedestrian and Bicycle access to amenities and existing/future park and needed
connectivity to other developments.
– 1-5 Points: Enhanced Landscaping
Use of natural native trees and plantings for open space areas and
monument/entrance areas.
– 3 Points: Enhanced Stormwater Management
Creative and natural looking plans for ponding and infiltration of water on site.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 13
(cont.) – 1-3 Points: Theming
Theming elements associated with signage and entrance monument.
– 3 Points: Natural Features
Preservation of and enhancement of buckthorn infested wooded areas.
Because this is not a PUD application, the applicant’s findings above should not be
construed as code support for the proposed density increase. While Council and the
Planning Commission may consider those points, ultimately the decision to authorize
via 4/5 vote should be made solely on the City’s feeling as to whether the proposed
development is best for this lot, the surrounding parcels, and the City as a whole.
IN GENERAL
Adjacent parcel
dev.:
The surrounding parcels to the west can develop at some point in the future, so it is
important to consider how the current proposal will integrate with those future
developments.
As you can see in the graphic below, there are potentially three nearby future entry
points on to either Lake Elmo Avenue or 50th Street North. At least one right-of-
way in this development should dead-end on the western property line for eventually
continuation to these points.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 14
(cont.) The circle road in Tamarack Farm Estates (to the southeast of the proposed
development) does include an undeveloped right-of-way which ends on this
property. Utilization of this undeveloped right-of-way is not recommended as it
would unnecessarily disturb wetlands, and would do nothing positive for area
transportation.
Lot Access: All lots have direct access to a public road.
Driveways should be located so as to preserve existing trees in as much as possible.
Addresses for the individual homes should be posted at each driveway entrance.
Future parcel
development:
The proposed subdivision would fully divide the property as an OP development.
Easements: All standard drainage and utility easements will need to be shown on the future
preliminary plan document(s).
All easements intended for utilities shall be a minimum of 10 feet on each side of the
utility and shall be shown on the future plans. All easements will be as wide as
necessary to address access and/or maintenance objectives.
OP Deviation
Summary:
The Legends of Lake Elmo is proposed to vary from the standard OP development
requirements in the following manner:
1) The total number of dwelling units permitted shall be according to the development
density criteria contained in the Comprehensive Plan (0.45 dwelling units per
buildable acre when planned as part of an Open Space Preservation development);
AND, the total number of dwelling units within an OP development shall not exceed
the density limitations contained in the Comprehensive Plan for OP Districts.
The proposal would result in a density of 0.57 units/buildable acre.
2) On the least fertile soils for agricultural uses and in a manner which maximizes the
usable area remaining for such agricultural use.
The proposal includes lots within areas classified as prime farmland.
3) [Locate houses] along the far edges of open fields [and] adjacent to any woodland.
The proposal includes lots within wooded areas rather than the edges of open
fields and adjacent to the woodlands.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 15
(cont.) 4) Elimination of buffer zones from the north, south, and west; and reduction of buffer
zone from the east to approximately seventy-seven (77) feet.
The proposal will have in places 0’ buffers from the north, south, and west;
and a 77’ buffer from the east.
Again, a 4/5 vote of Council is required to approve each of these deviations.
Resident
Concerns:
Applicant Comments: no comments were provided
Staff received a number of comments from residents leading up to the Planning
Commission meeting which follow this report as attachments (one letter is in support of
the development). A summary of the noted concerns is as follows:
There is concern about the proposal to connect this development to Linden Avenue
which will allow vehicular traffic between the two neighborhoods. Concerns include
dirt, noise, traffic, safety, and impact to Linden Avenue.
There are questions as to why Legends would not be required to build its roads fully
prior to building their first homes.
50th Street is viewed as a more appropriate entry point for this development.
There is opposition to the homes proposed south of 56th Street as they are believed to
be too close given that Sanctuary lots were built without a buffer.
Concerns that the development is not financially feasible.
There is dislike of the proposed phasing plan.
Concern that the City will not utilize its leverage to ensure the development is
completed per plan (as allegedly occurred in Sanctuary).
Staff Comments: Regarding the above concerns, staff will be very adamant about
preserving the connection between Sanctuary and Legends for a number of reasons:
1. As indicated by a resident, there are currently 59 (eventually 62) homes in
Sanctuary that rely on a single access point for ingress/egress to their home sites.
The status quo should NOT be supported by the City as a minimum of two
ingress/egress points are necessary (three are preferred) for the number of homes
in this development. Ostensibly the reason the City felt comfortable approving
Sanctuary with a single access point was the knowledge that roads within the
development would eventually provide two (2) additional access points.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 16
(cont.) 2. One access point is a major safety problem that must be rectified. Reconstruction
of Hwy 36 or Manning Avenue has the potential to severely limit (or eliminate at
times) access to this neighborhood. During those times, not only will residents
have problems accessing their properties, but so too will emergency vehicles. The
fire chief strongly supports multiple entry points for this reason.
3. Linden Avenue is not a “dead end.” It is clearly a right-of-way that temporarily
terminates at the development’s boundary, and there could be no mistaking the
intent that it would eventually be a through-road.
4. Enforcing the continuation of through-roads between developments that are
completed years apart is difficult for all communities, and all existing
neighborhoods request that such roads be terminated. Importantly, the City has a
responsibility to represent not only the current residents in this neighborhood, but
also the future residents as well. The access issue must be addressed.
5. Sanctuary was designed to have three access points: Manning Avenue North, 58th
Street North, and Linden Avenue North. Allowing Linden Avenue to be closed
at this time will all but REQUIRE that 58th Street North continue to the west in the
future. Such a decision has the potential to instigate a resentment within this
neighborhood (those near the 58th termination against those near the Linden
Avenue termination).
INFRASTRUCTURE:
In General: All public improvements constructed to support the development must be designed
and constructed in accordance with the City Engineering Design Standards Manual
available on the City website.
Streets and
Transportation:
Applicant Comments on Streets and Trails: The street design for the local roads are
proposed as 24-ft in width, with bituminous curb and gutter. Right of way is proposed as
60-ft in width to allow for adequate room for small utilities, water main and sewer. The
road width and right of way width are slightly larger than what is required, due to the
feedback from City Staff. The trail is proposed to meet the current standard and makes
many loops through the project and provides connection, north to south from St. Croix
Sanctuary to 50th Street as previously described.
Engineering Comments:
The Plat must dedicate sufficient R/W along 50th Street North to ensure 40 feet of
R/W north of the existing centerline of the road (a total of 80 foot R/W for collector
roadway). Additional R/W may be required along Phase 1 Lots, and Outlots B, H and
I.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 17
(cont.)
The City’s Transportation Plan identifies 50th Street N. as a major east-west collector
roadway and Municipal State Aid route. Traffic concerns and complaints have
increased along 50th Street over the past few years and will continue to increase as
traffic volumes grow. There are two ways that the City can help manage and mitigate
these growing traffic issues:
Improve access management along the corridor when opportunities arise.
Improve pedestrian facilities along the corridor, at a minimum, completing the
bituminous trail along the north boulevard from Old TH 5 (CSAH 14) to Lake Elmo
Avenue.
Access Management: The development access point along 50th Street does not meet
the City’s Transportation Plan access spacing guidelines for Collector Roadways
(every 660 ft. to residential streets and commercial driveways). The proposed plat
adds an additional roadway access plus three driveway accesses to an area that would
The proposed access is 1,045 feet from Linden Trail to the east. Condition met.
The proposed access is only 500 feet from Lily Avenue to the west which is too close.
Condition not met. The previous plan submittal had this access at 680 feet.
The proposed access is only 240 feet from the adjacent farm driveway (Hecker
property) to the west. Condition not met if this becomes a commercial use property.
The previous plan submittal had this access at 420 feet.
From a brief field review the proposed access to 50th Street N. appears to provide
adequate sight distances for safe ingress and egress.
Revised access management recommendations along 50th Street to improve safety
and access management along the road corridor:
The development access road connection to 50th Street should be moved to the
location shown with the previous submittal, approximately 180 feet to the east.
A shared driveway must be constructed to serve the 3 Phase 1 Lots along 50th Street
N. and potentially the adjacent westerly property to avoid additional driveways
directly to 50th Street N.
The existing farm (Hecker parcel) should be required to connect to the new roadway
internal to the development to eliminate the driveway access to 50th Street N.
Right and left turn lanes must be incorporated along 50th Street per the City design
standards to maintain safety along the roadway. Right and left turn lanes shall be
constructed at the developer’s expense.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 18
(cont.) Pedestrian facilities: A bituminous trail must be incorporated along the north
boulevard of 50th Street N. to improve pedestrian safety and work toward future trail
connectivity. Segments of a bituminous trail currently exist along 50th Street N.
alternating from the north to south side of the road. As traffic continues to increase on
50th Street N. it is critical for the City to create a continuous bituminous trail along
the north side of 50th Street, from Old TH5 to Lake Elmo Avenue.
A residential street connection is required as shown to Linden Avenue in the Sanctuary
subdivision.
A residential street stub with temporary cul-de-sac will be required to the westerly plat
limits as shown between the Phase 3 area and Outlot F. Additional plan details are
needed to review and finalize the stub location to ensure the feasibility of the road
location for the adjacent parcel.
All streets must be designed to meet the City’s Engineering Design Standards
including R/W width, street width and cul-de-sac radii. Surmountable concrete curb
and gutter shall be installed in single family residential areas with future driveways
and B618 curb installed along entrance roadways.
The application indicates 24 foot wide streets meeting the standards for parking along
one-side.
Street intersections must approximate 90 degrees and maintain 50 feet of tangent with
maximum slopes of 2.5%. Residential maximum longitudinal grade is 8% with no
sidewalks, 6% where there are sidewalks.
Parkway or divided roadways must be a minimum of 18 feet wide from back or curb
to back of curb. The development street plan indicates one segment with divided one-
way streets.
Due to the narrow street widths, six (6) foot sidewalks must be provided along all
residential streets where there is no proposed trail.
Ten (10) foot utility easements are required on either side of all right-of-ways.
Water
System(s):
Municipal water service is readily available in two locations. The applicant is
responsible to extend municipal water into the development to serve the proposed
properties.
Two connection points to the existing City system will be required:
1) A connection to the existing 16‐inch watermain at Linden Avenue in the Sanctuary
subdivision.
2) A connection to the existing 12‐inch watermain at 50th Street N.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 19
(cont.) A watermain lateral stub will be required to the westerly plat limits within the
proposed street R/W for Phase 3 and Outlot F.
No trunk watermain oversizing is anticipated for this development.
Sanitary
System(s):
The applicant is responsible to provide wastewater management infrastructure to
support the proposed development. All sewer infrastructure must be provided at the
developer’s cost.
The proposed development is located outside of the City designated Municipal Urban
Service Area (MUSA) for sanitary sewer service. A Community Drain Field is
proposed to provide wastewater management jointly for the 51 lots. The shared
community wastewater treatment system would exceed a 10,000 gpd capacity and
would therefore require a NPDES permit through the MPCA. The development must
be contingent upon an approved NPDES permit from the MPCA.
The application indicates that a private low pressure sewer system would be installed
in the development to convey the was
It is strongly recommended that a public gravity sanitary sewer system meeting City
design standards be designed and constructed within the development. Use of a low
pressure sewer system would prohibit future expansion to serve Carriage Station and
the Sanctuary developments should these systems ever combine to connect to a public
sewer system.
If the Legends sewer system is allowed to remain a private low pressure system, the
sewer system must be installed entirely outside of City street pavement surfaces with
adequate separation from the back of curb to allow for repair excavations with no
impacts to the street or curb.
Storm water
/Grading:
Applicant Comments: The natural rolling nature of this site makes it easy to design storm
ponding and infiltration systems for the site. The final storm design will appear natural
in location and will provide a treatment train of ponding, swales and infiltration areas to
clean and lesson the impacts to the existing natural wetland features of the site.
The site plan is subject to a storm water management plan meeting State, VBWD and
City rules and regulations. No proposed storm water management plan was provided
as part of the Concept Plans.
Storm water facilities proposed as part of the site plan to meet State and VBWD
permitting requirements must be constructed in accordance with the City Engineering
Design Standards Manual available on the City website.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 20
(cont.) The general drainage system should mimic the natural topography of the site in order
to ensure a drainage system that provides positive storm water drainage across the
development. Overland emergency overflows or outlets will be required as part of the
site plan.
Storm water pond facilities should be combined together to the greatest extent possible
to ensure adequate hydrology for efficient facility treatment operations.
The ultimate discharge rate and location will be an important consideration to avoid
negative impacts to downstream properties. The storm water management plan will
need to address changes to the downstream drainage system to the extent alterations
are proposed. To the extent adjacent properties are impacted, written permission from
those properties must be submitted as part of the development applications.
Per City requirements, all storm water facilities, including infiltration basins, must be
placed in Outlots deeded to the City for maintenance purposes. The Stormwater
Facility Outlots must fully incorporate the 100‐year HWL, 10 foot maintenance bench
and all maintenance access roads. It is unclear from the concept plan if the proposed
ponding and infiltration is on Outlots that will be dedicated to the City.
The storm sewer system shall be designed to maintain the City standard minimum
pipe cover of 3 feet. 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 at low points.
Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in
width.
Development
Phasing:
Applicant Comments: The phasing of the project is anticipated to begin with the
northeastern 15 lots, and move logically to the south as market conditions allow. A
phasing map is shown on Page 2 of 4 of the drawing set.
The Phasing plan indicates that the project will begin with the northeastern 15 lots and
move south with subsequent phases. Such a phasing plan is inconsistent with the
location of the proposed community drain field and sewer plan. The phasing plan also
requires all new home construction to gain access to the development through the
Sanctuary development until Phase IV when the connection to 50th Street is
completed.
While staff is not necessarily opposed to this progression if the applicant feels it is
vital to marketing the property, we would be opposed to construction traffic utilizing
the local roads in Sanctuary. To address this, staff would suggest that the applicants
either change the phasing plan to work from south to north (with the final phase
completing the connection with Sanctuary), OR utilize the phasing plan as proposed,
but require the applicant to construct a construction access road (likely following the
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 21
(cont.) future main roadway) to provide site access for all construction traffic. Traffic from
newly built homes could go north through Sanctuary, but all construction traffic would
need to access the site from the south throughout the duration of the project.
Utilities:
Applicant Comments: The home sites are proposed to be served with City water and a
private low pressure system that will send the sewage to a Community Drain Field,
similar to that of Discover Crossing. The proposed drain field has been located in the
area of the best suited soils found on site and is adequate in size to accommodate a
primary and backup system. This system, due to its size, will require permitting from the
MPCA.
The proposed water main system will help to create a looped water system, connecting
the 50th Street System to the St. Croix Sanctuary’s system, which will help to improve
water quality in the water main line and better flow for fire flow protection to this and
area developments. The connection points are shown on Page 1 of 4 of the drawing set.
All public utilities and facilities such as gas, electrical, sewer, and water supply
systems to be located in the flood plain district shall be flood-proofed in accordance
with the building code or elevated to above the regulatory flood protection elevation.
Telephone, electric, and/or gas service lines are to be placed underground in
accordance with the provisions of all applicable City ordinances.
Parking
Facilities:
Staff did not identify any parking issues for the proposed lots. On-site and on-street
parking opportunities should meet all needs within the development.
Required
Signage:
New street signs will be required at all intersections at the developer’s expense.
Entrance
Monument:
Designs and locations for entrance monuments off of 50th Street North and south of
Sanctuary should be identified as part of any future preliminary plan submittal.
Fire Hydrants: The applicant will be required to work with the City Engineer and Public Works to
identify the proper locations for future fire hydrants.
Streetlights: No streetlights are required as part of this development.
Monuments: In accordance with Section 400.14 Subd. 6; reference monuments shall be placed in
the subdivision as required by state law.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 22
ENVIRONMENTAL & OTHER NEIGHBORHOOD IMPACTS:
Environmental
Impacts:
Staff does not foresee the need for an in-depth environmental analysis based on the
current proposal (i.e. EAW, EIS, AUAR, etc.)
Wetlands: The Valley Branch Watershed District (VBWD) is the Local Government Unit (LGU)
responsible for administering the Wetland Conservation Act (WCA). The developer
will need to follow all of the rules and regulations spelled out in the WCA, and acquire
the needed permit from the VBWD.
Review and comment by the Valley Branch Watershed District (VBWD) will be
needed with any future preliminary plat/plan application. The applicant is encouraged
to meet with the VBWD prior to any future submittal.
Shoreland
District:
While there are three public waters inventory wetlands in the area, there are no
waterbodies protected by the City’s shoreland overlay district within or near the
development site.
Erosion
Control:
The future grading plan should indicate proposed erosion control methodologies to be
utilized during the development process.
Silt fencing should be shown at the construction limits for the proposed houses or
driveways with the future building permit application.
Traffic: The proposed project will not significantly increase traffic volumes in the area to
justify a traffic study.
Flood Plain &
Steep Slopes:
According to the February 3, 2010 FEMA Flood Insurance Rate Map, the floodplain
around the wetland complexes near within the development are undetermined (Zone
A).
The significant topography around the wetlands suggest that all proposed housing sites
will be outside of floodplains.
Docks: The project does not include any lakeshore or deeded access to lakes.
Other Permits: All necessary permits must be provided to the City. (VBWD, MPCA, NPDES, MDH)
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 23
CHARGES, FEES, & RESPONSIBILITIES:
In General: As always, the applicant is responsible for all fees related to the review of this
application (including but not limited to planning, legal, engineering, wetland,
environmental consultants, or other such experts as required by this application).
Park
Dedication:
Section 400.15 of City Code requires all subdivisions of land to dedicate a
reasonable portion of land to the City for public use as parks, trails, or open space.
The percentage for an OP development on RR zoned property is 7%.
110.01 acres * 7% required dedication = 7.7 acres of land
The concept plan is proposing to create a central park (3.93 acres) for this
development, Sanctuary, and Carriage Station in the NE corner of the property. The
applicant’s vision would be to relocate the existing Sanctuary playground equipment
to this more visible and usable space, and to utilize the wetland area as a winter skating
rink (research would need to be conducted to determine whether this is possible).
Given this proposed dedication, the remaining land to be dedicated would be 3.77
acres.
Because the applicant is proposing 10,084 feet (1.9 miles) of trails, it is highly likely
that much of the remaining cash-in-lieu will be satisfied by the eight (8) foot wide
bituminous path system.
Should this development move forward, the City will determine the fair market value
of the land by hiring a licensed appraiser (at the developer’s expense) prior to final
plat approval. The required cash-in-lieu of land payment shall be the fair market value
of the acreage not provided in dedication less the cost of trail construction. If the cost
of trail construction is equal to or exceeds the required payment, then only land
dedication will be required.
Sewer Charges: Not applicable.
Water Charges: Water service charges will consist of a $3,000 Water Availability Charge (WAC) per
REC unit plus $1,000 Water Connection Charge per REC unit. The number of REC
units will be as determined for SAC charges
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 24
Conclusion
The Planning Commission is asked to examine the proposed Concept Plan and provide
a recommendation of approval or denial for City Council consideration. Keep in mind
that an approval at this point simply allows the applicant to proceed to the preliminary
plan stage, and does NOT carry with it any assurances of future success or approvals.
Denial at this point will require the applicant to reassess the approach and return with a
revised concept plan.
Commission
Options:
The Planning Commission has the following options:
A) RECOMMEND APPROVAL of the requested Concept Plan and (some or all of
the) deviations from OP development standards based on the applicant's
submission, the contents of this report, public testimony and other evidence
available to the Council.
B) RECOMMEND DENIAL of the requested Concept Plan and deviations from
OP development standards based on the applicant's submission, the contents of
this report, public testimony and other evidence available to the Commission.
C) TABLE the request for further study.
Approval of
Deviations:
The following deviations from standard OP development must be approved by a 4/5
vote of City Council as a component of any motion for approval:
1) The proposal would result in a density of 0.57 units/buildable acre which is greater
than the allowed 0.45 units/acre.
2) The proposal includes lots within areas classified as prime farmland.
3) The proposal includes lots within wooded areas rather than the edges of open fields
and adjacent to the woodlands.
4) The proposal will have in places 0’ buffers from the north, south, and west; and a 77’
buffer from the east.
The Commission is asked to provide separate recommendations on each of the proposed
deviations for Council consideration.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 25
Review
Criteria:
Per code, the Planning Commission is to make a recommendation on this concept plan
which includes findings on the following:
A) The concept plan is consistent with the goals, objectives, and policies of the
Comprehensive Plan.
B) The concept plan is consistent with the purpose of open space preservation
development (i.e. to maintain the rural character of Lake Elmo by preserving
agricultural land, woodlands, corridors, and other significant natural features
while allowing residential development consistent with the goals and objectives of
the City’s Comprehensive Plan; and that protected open space will enhance and
preserve the natural character of the community and create distinct
neighborhoods).
C) The concept plan complies with the development standards required of OP
developments.
Staff
Guidance:
The review criteria for concept plans is very broad and subjective, so approval or denial
at this stage is less about compliance with code, and more about determining whether
the proposal is best for this property, best for the surrounding properties, and best for
the City as a whole. As such, staff is focusing our guidance on recommended
conditions or findings depending upon the Planning Commission’s decision.
Should the Planning Commission determine that a recommendation of
APPROVAL is appropriate, staff would recommend the following conditions
and/or guidance be directed at the applicant:
1) As part of any future preliminary plan application, the applicant shall:
(a) Articulate the details of the conservation easement that will be necessary to
protect the open space within the OP development;
(b) Give consideration to providing greater buffering when possible from
surrounding developments;
(c) Give consideration to utilizing a portion of Outlot F to expand the Sanctuary
Park and create a public facility that could take advantage of the area’s
topography for public a sledding hill;
(d) Provide detailed information on how the proposed public open space will be
managed and maintained into the future;
(e) Provide details of an HOA and outline its responsibilities for the
maintenance of open space and recreational facilities.
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 26
(cont.)
(f) Address all requirements of the City Engineer as listed in this report and the
Engineer’s memo on any future preliminary plan submittal including but not
limited to:
i. Right and left turn lanes must be incorporated at the developer’s
expense along 50th Street per the City design standards to maintain
safety along the roadway;
ii. The future preliminary plat must dedicate sufficient R/W along 50th
Street North to ensure there is a minimum of 40 feet of R/W north of
the existing centerline of the road;
iii. Final access points onto 50th Street North shall be as directed by the
City Engineer. Specific issues to address currently include:
o A shared driveway must be constructed to serve the 3 Phase 1 Lots
along 50th Street N. and potentially the adjacent westerly property
to avoid additional driveways directly to 50th Street N.
o The existing farm (Hecker parcel) should be required to connect to
the new roadway internal to the development to eliminate the
driveway access to 50th Street N.
iv. A bituminous trail must be incorporated along the north boulevard of
50th Street N. on the future preliminary plan set;
v. All streets must be designed to meet the City’s Engineering Design
Standards including R/W width, street width and cul‐de‐sac radii;
vi. A residential street connection is required as shown to Linden Avenue
in the Sanctuary subdivision;
vii. A residential street stub with temporary cul-de-sac will be required to
the westerly plat limits as shown between the Phase 3 area and Outlot
F;
viii. Due to the narrow street widths, six (6) foot sidewalks must be
provided along all residential streets where there is no proposed trail;
ix. Ten (10) foot utility easements are required on either side of all right-
of-ways;
x. The applicant shall be responsible for costs to extend municipal water
into the development as required by the City Engineer to serve the
proposed properties;
xi. The applicant is responsible to provide wastewater management
infrastructure to support the proposed development, and all such sewer
infrastructure must be provided at the developer’s expense;
OP Concept Plan Review: Legends of Lake Elmo
Planning Commission Report; 9-14-15
Q:\CITIES\LKELMO 16914\2015 Files\Land Use\Subdivision\Legends of Lake Elmo OP\01 Concept Plan\September Plan\Rep_Legends of
Lake Elmo Concept Plan_PC_09-14-15.docx
Page 27
(cont.) xii. A storm water management plan in accordance with the City
Engineering Design Standards Manual and Watershed district
standards shall be provided as part of a future Preliminary Plan/Plat
application;
xiii. Development phasing should ensure that lots, as they are developed,
have immediate access to the proposed sewer facilities.
Should the Planning Commission determine that a recommendation of
DENIAL is appropriate, staff would recommend findings such as the following be
cited to support the conclusion:
1) The concept plan is not consistent with the purpose of open space preservation
development given the following:
(a) The requested density is too high and not in-line with code expectations for
this type of development;
(b) The plan does not strive to protect areas classified as prime farmland;
(c) The proposal does not include adequate buffers from surrounding OP or
future OP developments.
(d) The proposed extension of sewer to serve an OP development is not
consistent with the development standards for this type of subdivision.
2) The concept plan was found to not enhance and preserve the natural character of
the community.
3) The concept plan was not approved to proceed given the level of deviations
sought to OP development standards.
PAGE 1 of 3
MEMORANDUM
Date: September 9, 2015
To: Kyle Klatt, Planning Director Re: Legends of Lake Elmo – OP Concept Plan Review
From: Jack Griffin, P.E., City Engineer
We received a revised Concept Plan submittal on 09.03.2015 for the above referenced development proposal
consisting of the following exhibits/documentation prepared by Erickson Civil:
• Concept Plans dated August 24, 2015, Sheets 1-4.
• Concept Narrative dated August 24, 2015.
We have the following engineering review comments:
All public improvements constructed to support the development must be designed and constructed in
accordance with the City Engineering Design Standards Manual available on the City website.
STREETS AND TRANSPORTATION
• The Plat must dedicate sufficient R/W along 50th Street North to ensure 40 feet of R/W north of the
existing centerline of the road (a total of 80 foot R/W for collector roadway). Additional R/W may be
required along Phase 1 Lots, and Outlots B, H and I.
• The City’s Transportation Plan identifies 50th Street N. as a major east-west collector roadway and
Municipal State Aid route. Traffic concerns and complaints have increased along 50th Street over the past
few years and will continue to increase as traffic volumes grow. There are two ways that the City can help
manage and mitigate these growing traffic issues:
Improve access management along the corridor when opportunities arise.
Improve pedestrian facilities along the corridor, at a minimum, completing the bituminous trail
along the north boulevard from Old TH 5 (CSAH 14) to Lake Elmo Avenue.
• Access Management: The development access point along 50th Street does not meet the City’s
Transportation Plan access spacing guidelines for Collector Roadways (every 660 ft. to residential streets
and commercial driveways). The proposed plat adds an additional roadway access plus three driveway
accesses to an area that would then have two road accesses and six private driveways within 1,000 feet.
The proposed access is 1,045 feet from Linden Trail to the east. Condition met.
The proposed access is only 500 feet from Lily Avenue to the west which is too close. Condition
not met. The previous plan submittal had this access at 680 feet.
The proposed access is only 240 feet from the adjacent farm driveway (Hecker property) to the
west. Condition not met if this becomes a commercial use property. The previous plan submittal
had this access at 420 feet.
From a brief field review the proposed access to 50th Street N. appears to provide adequate sight
distances for safe ingress and egress.
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. 651.300.4283
PAGE 2 of 3
• Revised access management recommendations along 50th Street to improve safety and access
management along the road corridor:
The development access road connection to 50th Street should be moved to the location shown
with the previous submittal, approximately 180 feet to the east.
A shared driveway must be constructed to serve the 3 Phase 1 Lots along 50th Street N. and
potentially the adjacent westerly property to avoid additional driveways directly to 50th Street N.
The existing farm (Hecker parcel) should be required to connect to the new roadway internal to
the development to eliminate the driveway access to 50th Street N.
Right and left turn lanes must be incorporated along 50th Street per the City design standards to
maintain safety along the roadway. Right and left turn lanes shall be constructed at the
developer’s expense.
• Pedestrian facilities: A bituminous trail must be incorporated along the north boulevard of 50th Street N.
to improve pedestrian safety and work toward future trail connectivity. Segments of a bituminous trail
currently exist along 50th Street N. alternating from the north to south side of the road. As traffic
continues to increase on 50th Street N. it is critical for the City to create a continuous bituminous trail
along the north side of 50th Street, from Old TH5 to Lake Elmo Avenue.
• A residential street connection is required as shown to Linden Avenue in the Sanctuary subdivision.
• A residential street stub with temporary cul-de-sac will be required to the westerly plat limits as shown
between the Phase 3 area and Outlot F. Additional plan details are needed to review and finalize the stub
location to ensure the feasibility of the road location for the adjacent parcel.
• All streets must be designed to meet the City’s Engineering Design Standards including R/W width, street
width and cul-de-sac radii. Surmountable concrete curb and gutter shall be installed in single family
residential areas with future driveways and B618 curb installed along entrance roadways.
• The application indicates 24 foot wide streets meeting the standards for parking along one-side.
• Street intersections must approximate 90 degrees and maintain 50 feet of tangent with maximum slopes
of 2.5%. Residential maximum longitudinal grade is 8% with no sidewalks, 6% where there are sidewalks.
• Parkway or divided roadways must be a minimum of 18 feet wide from back or curb to back of curb. The
development street plan indicates one segment with divided one-way streets.
• Due to the narrow street widths, six (6) foot sidewalks must be provided along all residential streets
where there is no proposed trail.
• Ten (10) foot utility easements are required on either side of all right-of-ways.
MUNICIPAL WATER SUPPLY
• Municipal water service is readily available in two locations. The applicant is responsible to extend
municipal water into the development to serve the proposed properties.
• Two connection points to the existing City system will be required:
1) A connection to the existing 16-inch watermain at Linden Avenue in the Sanctuary subdivision.
2) A connection to the existing 12-inch watermain at 50th Street N.
• A watermain lateral stub will be required to the westerly plat limits within the proposed street R/W for
Phase 3 and Outlot F.
• No trunk watermain oversizing is anticipated for this development.
MUNICIPAL SANITARY SEWER / WATEWATER MANAGEMENT
• The applicant is responsible to provide wastewater management infrastructure to support the proposed
development. All sewer infrastructure must be provided at the developer’s cost.
• The proposed development is located outside of the City designated Municipal Urban Service Area
(MUSA) for sanitary sewer service. A Community Drain Field is proposed to provide wastewater
management jointly for the 51 lots. The shared community wastewater treatment system would exceed a
10,000 gpd capacity and would therefore require a NPDES permit through the MPCA. The development
must be contingent upon an approved NPDES permit from the MPCA.
PAGE 3 of 3
• The application indicates that a private low pressure sewer system would be installed in the development
to convey the wastewater to the community drain field.
It is strongly recommended that a public gravity sanitary sewer system meeting City design
standards be designed and constructed within the development. Use of a low pressure sewer
system would prohibit future expansion to serve Carriage Station and the Sanctuary
developments should these systems ever combine to connect to a public sewer system.
If the Legends sewer system is allowed to remain a private low pressure system, the sewer
system must be installed entirely outside of City street pavement surfaces with adequate
separation from the back of curb to allow for repair excavations with no impacts to the street or
curb.
STORMWATER MANAGEMENT
• The site plan is subject to a storm water management plan meeting State, VBWD and City rules and
regulations. No proposed storm water management plan was provided as part of the Concept Plans.
• Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements
must be constructed in accordance with the City Engineering Design Standards Manual available on the
City website.
• The general drainage system should mimic the natural topography of the site in order to ensure a
drainage system that provides positive storm water drainage across the development. Overland
emergency overflows or outlets will be required as part of the site plan.
• Storm water pond facilities should be combined together to the greatest extent possible to ensure
adequate hydrology for efficient facility treatment operations.
• The ultimate discharge rate and location will be an important consideration to avoid negative impacts to
downstream properties. The storm water management plan will need to address changes to the
downstream drainage system to the extent alterations are proposed. To the extent adjacent properties
are impacted, written permission from those properties must be submitted as part of the development
applications.
• Per City requirements, all storm water facilities, including infiltration basins, must be placed in Outlots
deeded to the City for maintenance purposes. The Stormwater Facility Outlots must fully incorporate the
100-year HWL, 10 foot maintenance bench and all maintenance access roads. It is unclear from the
concept plan if the proposed ponding and infiltration is on Outlots that will be dedicated to the City.
• The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3 feet.
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 at low points.
• Per City requirements all storm sewer pipe easements must be a minimum 30-feet in width.
ADDITIONAL CONSIDERATIONS
• The application addresses amenity points (15 points) by indicating pedestrian improvements and
connectivity. A critical pedestrian connection needed by the City is the construction of a bituminous trail
on the north side of 50th Street connecting Outlot I to Outlot H and extending to the westerly limits of the
Plat, including the Phase 1 Lots.
• The Phasing plan indicates that the project will begin with the northeastern 15 lots and move south with
subsequent phases. This phasing plan is inconsistent with the location of the proposed community drain
field and sewer plan. The phasing plan also requires all new home construction to gain access to the
development through the Sanctuary development until Phase IV when the connection to 50th Street is
completed. It is recommended that the Phasing plan be revised to begin at 50th Street.
Resident Email:
Thanks for your e-mail requesting information about the August meeting regarding the proposed
Legends development south of the Sanctuary. Several of us attended the meeting and the
consensus among the Sanctuary homeowners present is that while we do not oppose the
development itself, we take issue with the following:
1. Oppose the use of Linden Ave N as a "link" or thoroughfare to Legends especially during the
construction phase
•dirt
•noise
•traffic/congestion at the only entrance/exit to the Sanctuary
•safety of our families
•wear and tear on Linden Ave
We know of no other development in Lake Elmo that is accessed through another development.
There is NO benefit to Sanctuary homeowners.
2. Other developments, past and current, have put in their own roads and infrastructure PRIOR
to building their first homes.
Why is Legends not subject to the same protocol?
3. 50th Street is not a neighborhood street. It is built to handle more traffic than a neighborhood
street like Linden Ave and serves as a link between Lake Elmo Ave and Hwy 5.
Why isn't the Legends' developer being required to use the least disruptive route?
4. Oppose the construction of a road behind the homes on 56th Street. Since the City let the
developer of the Sanctuary get by without requiring a buffer behind these homes, there needs to
be a resolution satisfactory to these homeowners.
5. Financial concerns:
•Inability or unwillingness of the Legends' developer to put in his own roads and
infrastructure prior to building
his first homes.
•Gonyea Homes backed out of a deal with Landucci because of the difficulty and expense to
develop
this land.
•4 phases to this development; there is no way to determine if or when these 4 phases will be
completed;
construction traffic through the Sanctuary neighborhood could continue for many years.
•There is no way the developer can assure that home prices can remain in the $800,000
range.
6. Our experience with the City regarding the Sanctuary developer:
•The City did NOT require the developer to abide by the legal agreement between the City
and the developer.
•The City did NOT use the legal means provided in the agreement to take action against the
developer.
•The City returned the $2,000,000 line/letter of credit to the developer who then "walked."
•Can the City guarantee that it will enforce its agreement with the Legends' developer?
We hope you will give our concerns your consideration. Thank you.
Earlier Email from the Same Resident:
Mayor Pearson and Council Members:
We received a letter today informing us of a meeting concerning the proposed development of
Landucci's "Legends of Lake Elmo." It was our understanding that there would be no further
approvals for additional developments for one year.
While we are not opposed to Mr. Landucci developing his properly at a future date, our biggest
concern and objection would be if St.Croix's Sanctuary's neighborhood streets, especially
Linden Avenue North, becomes a through access to future homesites in the Legends. The
Legends' property owners should not have to go through the Sanctuary Development to access
their homes when 50th Street North seems to be a reasonable option involving less disruption
to a neighborhood. (We are currently unaware of any Lake Elmo neighborhood being accessed
through another.) Most importantly, we have many small children in our neighborhood for
whom safety will become a real risk if traffic were increased. Linden Avenue currently dead
ends.
We purchased our home in the Sanctuary because of its rural setting and because we were in a
low traffic neighborhood. We have only one way in and out of our development. Our
development of 62 homesites has taken almost 8 years to complete 59 homes. We were
hoping that we would now be able to enjoy our home and neighborhood with less traffic, dirt,
noise, wear and tear on our streets, and most importantly provide safer streets for the children
who live here.
Please share your thoughts.
Concept Narrative
August 24, 2015
Legends of Lake Elmo is proposed as an open space development, located in the northeastern portion
of the City, Section 1, Township 29N, Range 21W.The project property consists of 110.1 acres,
bordered on the south by 50th Street, Tamarack Farm Estates and Carriage to the east, St. Croix
Sanctuary to the north and large agricultural properties to the west.The site is best characterized as
rolling open farm fields surrounded by existing mature oak stands, pines and wetlands, by far one of
the nicest natural beauty parcels in Lake Elmo.
Fortunately the availability of farm fields and natural terrain allow the proposed design to preserve
every wetland and nearly all of the mature trees. The Open Space Ordinance appears to have been
written with this parcel in mind.
DENSITY/LOTS
The density of the project, based on the underlying zoning is 18/40 for an open space development.
Subtracting out the steep slopes and wetlands the net acreage for the development is 90.15 acres,
which nets 40.57 units. Because of the uniqueness of the property and our ability to save the natural
features, we can demonstrate the bonus for this proposed plan to be 20%, which nets an additional
8.11 units, giving a total of 49 total units to plan for the new development.To help create more of a
sense of community for this development, Sanctuary and Carriage Station, we are proposing a
community park in the northeast corner of the proposed development and excess trails to link the
neighboring properties. In order to accomplish this we respectfully request an additional two lots be
included in our total lot count, with a requested total of 51 units.
The average lot size as proposed is 34,833 sq. ft.,62% larger than the required 21,780 sq. ft. minimum.
The typical lot width as demonstrated on the concept plan is 140-ft in width. The smallest proposed
LEGENDS OF LAKE ELMO
CONCEPT NARATIVE
Page 2 of 5
lot is 22,500 Sq. Ft., with the largest at 48,953 Sq. Ft.As found in the following table the overall gross
density is proposed at 0.46 units/acre, with net density at 0.57 units/acre.
AR
E
A
C
A
L
C
U
L
A
T
I
O
N
S
U
M
M
A
R
Y
PARK AREA 3.93
OPEN SPACE (INCLUDES PARK)57.50
LOT AREA 40.78
RIGHT OF WAY 11.72
WETLAND AREA 17.93
WOODED AREAS 20.22
STEEP SLOPE AREAS 1.93
TOTAL PROPERTY AREA 110.01
BUILDABLE ACREAGE 90.15
TOTAL PROPOSED LOTS 51
PERCENT OF OPEN SPACE/PARK 52.27%
GROSS DENSITY 0.46UNITS/ACRE
NET DENSITY 0.57UNITS/ACRE
OPEN SPACE
The open space as proposed is predominately preserving wetland and subsequently the large areas of
mature oak forest on the property. The largest open space area is Outlot B,29.57 acres of hardwood
forest and high valued wetlands.
With this concept the park, situated in the northeast corner of the development, will help create a
sense of community for all three adjoining developments in the area. The park is planned to
accommodate a play structure, which is proposed to be relocated from Sanctuary and move to this new
location. In addition to the park structure a community park shelter would be constructed. The
adjoining wetland could also be utilized during the winter as a community ice rink.The expense of
creating this new park is the driving force behind our request for the additional two units for this
development.
Trails are proposed to make the beautiful natural areas accessible to the subdivision and with the
connectivity of trails, the natural areas will be open to the surrounding subdivisions to enjoy as well. A
very logical and necessary connection of the trail system is completed with this subdivision trail layout,
LEGENDS OF LAKE ELMO
CONCEPT NARATIVE
Page 3 of 5
which is a north south connection to the 50th Street Trail. Families from St. Croix Sanctuary, Carriage
Station,Tamarack Estates, Tana Ridge, Fields of St. Croix and others will be able to complete large
bicycle, running or walking loops with this design and gain better access to the proposed park area
with vehicles.
AMENITY POINTS
We feel that the following amenity points are available for this proposed design, meeting or exceeding
the number of points needed to achieve a bonus of 20%:
10 Points Additional Open Space –Contiguous and Connecting Trail System
10 Points Right of way and Trail –Connection to property to the east, not needed for this
development, but serves a needed purpose for future emergency vehicle access. Also
planned are 60-ft right of way widths instead of the minimum 50-ft.
5 Points Pedestrian Improvements -Pedestrian and Bicycle access to amenities and
existing/future park and needed connectivity to other developments.
1-5 Points Enhanced Landscaping -Use of natural native trees and plantings for open space areas
and monument/entrance areas.
3 Points Enhanced Storm Water Management –Creative and natural looking plans for ponding
and infiltration of water on site.
1-3 Points Theming –Theming elements associated with signage and entrance monument.
3 Points Natural Features –Preservation of and enhancement of buckthorn infested wooded
areas.
PHASING
The phasing of the project is anticipated to begin with the northeastern 15 lots, and move logically to
the south as market conditions allow.A phasing map is shown on Page 2 of 4 of the drawing set.
STREETS/TRAILS
The street design for the local roads are proposed as 24-ft in width, with bituminous curb and gutter.
Right of way is proposed as 60-ft in width to allow for adequate room for small utilities, water main
and sewer. The road width and right of way width are slightly larger than what is required, due to the
feedback from City Staff.The trail is proposed to meet the current standard and makes many loops
through the project and provides connection, north to south from St. Croix Sanctuary to 50th Street as
previously described.
LEGENDS OF LAKE ELMO
CONCEPT NARATIVE
Page 4 of 5
UTILITIES
The home sites are proposed to be served with City water and a private low pressure system that will
send the sewage to a Community Drain Field, similar to that of Discover Crossing.The proposed
drain field has been located in the area of the best suited soils found on site and is adequate in size to
accommodate a primary and backup system. This system, due to its size will require permitting from
the MPCA.
The proposed water main system will help to create a looped water system, connecting the 50th Street
System to the St. Croix Sanctuary’s system, which will help to improve water quality in the water main
line and better flow for fire flow protection to this and area developments.The connection points are
shown on Page 1 of 4 of the drawing set.
STORM SEWER AND PONDING
The natural rolling nature of this site makes it easy to design storm ponding and infiltration systems
for the site. The final storm design will appear natural in location and will provide a treatment train
of ponding, swales and infiltration areas to clean and lesson the impacts to the existing natural wetland
features of the site.
HOME SETBACKS AND BUFFERING
With the confining nature of this site and desire to save the trees and wetlands of the site,we are
proposing the setbacks to this projects as defined on the plan and request this as part of the Planned
Unit Development Process.
LANDSCAPING
With the homes being positioned in the open farm fields, the addition of trees in the boulevards and
around ponding areas will be necessary to enhance the development. The concept plan demonstrates
the initial conceptual design for tree plantings, providing buffering and beautification of the site.
LEGENDS OF LAKE ELMO
CONCEPT NARATIVE
Page 5 of 5
ENGINEER/PLANNER
Todd A. Erickson, PE
EricksonCivil
333 North Main Street, Suite 201
Stillwater, MN 55082
Phone:612-309-3804
todd@tericksonll.com
SURVEYOR
Daniel L. Thurmes, LS
Cornerstone Land Surveying
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone:651-275-8969
dan@cssurvey.net
WETLAND BIOLOGIST
Melissa Barrett
Kjolhaug Environmental
Phone:952-401-8757
melissa@kjolhaugenv.com