HomeMy WebLinkAboutPZ Packet; 05-8-17
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 May 8, 2017 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. April 24, 2017
4. Public Hearings
a. EASEMENT VACATION. A request by Southwind Builders, Inc. of 2372
Leibel St., White Bear Lake, MN 55110 to vacate a public roadway and utility
easement created by Doc. No. 3970178 PID #36.029.21.32.0002.
b. PUD AMENDMENT. A request by Robert Engstrom to amend the Wildflower at
Lake Elmo Planned Unit Development (PUD) Agreement.
5. Business Items
a. None
6. Updates
a. City Council Updates –
i. Royal Golf Preliminary Plat Discussion
ii. Royal Golf Grading Permit - passed
iii. Noise Ordinance – passed
iv. Easton Village 2nd Addition Final Plat - passed
v. VMX – Zoning Map Amendment - tabled
vi. V-LDR/VMX Zoning Text Amendment - tabled
b. Staff Updates
i. Upcoming Meetings:
May 22, 2017
June 12, 2017
ii. MAC CEP Report-none
c. Commission Concerns
7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this
meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special
accommodations.
Lake Elmo Planning Commission Minutes; 4-24-17
City of Lake Elmo
Planning Commission Meeting
Minutes of April 24, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dorschner, Fields, Larson, Kreimer, Dodson, Emerson,
Williams, Lundquist and Hartley
COMMISSIONERS ABSENT:
STAFF PRESENT: Planning Director Wensman and City Planner Becker
Approve Agenda:
Accept the agenda as presented.
Approve Minutes: April 10, 2017
M/S/P: Williams/Dodson, move to approve the April 10, 2017 minutes as presented,
Vote: 7-0, motion carried unanimously.
Public Hearing – Zoning Map Amendment – Rezone Properties to VMX
Becker started her presentation by reviewing what was discussed at the March 27, 2017
meeting. After advertising the public hearing notice for that meeting, staff learned that
there were a number of Zoning Map errors with incorrect zoning classifications resulting
in properties that should have been included in the public notification for rezoning.
There are 2 properties that are zoned GB, that are guided for RAD. Staff does not
recommend rezoning these at this time. The guidance of the properties should first be
reconsidered with the 2040 Comp Plan update process. As a result, GB standards will
need to remain in the code. The Schiltgen parcel, which is a larger parcel, was added to
the PH notice, however, staff is not recommending that it be rezoned at this time. It is
typical for the developers to rezone larger propertiesduring Preliminary Plat process.
Dorschner asked why we would keep the general business standards. Wensman stated
that 2 parcels are zoned GB, but are guided for RAD. Wensman stated that until the
guidance is changed, if they continue to remain GB, there needs to be standards.
Dorschner stated that he thought this whole exercise was to get everything in line now
because of new development coming in. Wensman stated that if it is the desire to get
rid of the GB standards, those 2 properties could be rezoned to RAD. These properties
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Lake Elmo Planning Commission Minutes; 4-24-17
are currently not used for business, even though that is how they are zoned. Becker
stated that the reason for the rezoning is because these properties largely do not meet
the GB standards and are legal non-conforming. The rezone to VMX will give them more
appropriate standards to work with for their properties which will make them more
conforming and provide greater flexibility.
Williams asked if they had heard anything from the property owners of the 2 parcels.
He is wondering if they might have thought they were going to be rezoned to VMX.
Becker stated that it is possible, but after reviewing the map, it was determined that
they are guided for RAD. Williams asked about the impervious surface allowance in the
table. Becker stated that the numbers in table are reversed. Williams asked if the list of
properties included any residential properties. Becker stated that if they were not
already zoned as GB, they were not included. There were a couple of properties that
were zoned as residential that are used for business. Those are being rezoned to VMX.
Public Hearing opened at 7:14 pm
Susan Dunn, 11018 Upper 33rd Street, she is concerned as she lives in a single family
home in the Village. Dunn is wondering if all single family homes will be reguided to
VMX. Becker stated that no, not all would be rezoned. Only those properties currently
zoned GB, used for business and guided for VMX will be rezoned. Becker estimated that
approximately 78 acres would be rezoned. There are approximately 1300 acres in the
Village, with approximately 164 acres guided for VMX. Dunn asked how many units per
acre are in VMX. Becker stated that there are 6-10 units per acre. Dunn is not in favor
of that large of an area being VMX.
There were no written comments
Public Hearing closed at 7:18 pm
Larson asked about the single family homes and how they would be handled. Becker
stated that it depends how the ZTA for Village Urban Districts is decided. She stated
that right now, it states that single family homes are permitted. Wensman stated that
the single family homes are not being rezoned at this time. Wensman stated that the
next step is to decide with the ZTA how to handle them. Afterward, they should be
rezoned, reguided, or left that same.
M/S/P: Williams/Lundquist, move to recommend a Zoning Map Amendment rezoning
properties outlined in Ord. 08- to VMX – Village Mixed Use, Vote: 7-0, motion carried
unanimously.
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Lake Elmo Planning Commission Minutes; 4-24-17
Public Hearing – Grading Permit in Excess of 400 cubic yards of material
Wensman started his presentation regarding a grading permit for HC Royal Golf to
excavate over 400 cubic yards per acre of site area. This is for phase I of the
development and covers 73 acres to be graded. This is a very large first phase because
utilities are coming from the south, but the clubhouse is required to hook up to sewer
within 2 years in the north.
Normally grading occurs after preliminary plat approval. The City Council has not yet
approved the Preliminary Plat/PUD. They are awaiting Met Council determination. RGC
is seeking early grading because the Met Council CPA approval likely won’t be until late
May 2017. The developer wants to get a start so that Phase I can be completed in 2017.
Grading prior to plat approval is solely at the developer’s own risk as there could be
changes to the plat. This will be acknowledged in the grading agreement.
There will be an escrow for the cost estimate for remediation if the plan doesn’t move
forward. There would be escrow for erosion control, seeding and tree replacement. If
the preliminary plat moves forward, the grading escrow will be replaced by a developer
escrow and released.
Williams asked if the utility work would happen after the preliminary plat is approved.
Wensman stated that is correct. Kreimer asked if the preliminary plat had been
approved would they need to do this. Wensman stated that no, it would be part of the
Preliminary Plat process. Hartley asked what the time frame for the preliminary plat to
take over the grading plan. Wensman stated that they a re trying to get ahead of the
preliminary plat approval. Hartley asked if there is a time frame that the City would
decide the Preliminary Plat wasn’t going to happen and would start to restore the site.
Wensman stated that if the City Council denies the plat, or the Met Council denies the
CPA and asks for changes.
Wensman stated that the escrow would be used by the City once the project is dead and
the developer is not doing the remediation. Dodson felt that only giving the developer
10 days before remediation takes place, was not enough time. Williams asked how the
total number of trees would be handled for the tree preservation plan if this is approved
and then the plat changed. Wensman stated that a revised tree preservation plan
would be required if there are changes and it would be addressed through construction
plans. Dorschner asked about VBWD and MPCA permits as copies were not in packet.
Wensman stated that they have not been obtained yet. Dorschner stated that this
property is critical to the watershed in the City area and specifically regulating Lake
Elmo. Wensman stated that VBWD is currently reviewing the Preliminary Plat grading
plan. Wensman stated that most of the issues that the VBWD are dealing with on the
plan have to do with flood storage and building pad elevations and redirecting storm
water from Downs Lake to Horseshoe Lake. Before any grading can be done, the
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Lake Elmo Planning Commission Minutes; 4-24-17
developer will need VBWD approval. The City Engineer will be looking to see that there
are no erosion control issues.
Proposed grading is consistent with the EAW and the City made a negative declaration
for an EIS. They are over the threshold for tree preservation for phase I, but not for the
total project. If the project does not move forward, they will be replacing trees.
The details of the grading are that no utility work will be included. The grading will
encompass NE area and SW area of RCG with 73 acres to be graded. There is a large
basin near 20th street and Manning for floodplain replacement and construction of a
new entrance to 20th Street. There are no plans to truck material in and out of site. The
grading plans include construction of large modular block retaining walls. All disturbed
ground will be restored with seeding and fiber blankets per ordinance. Wetland 16 will
be excavated and replacement by purchase of wetland credits. The access for the
grading will be from 20th Street for the NE grading work and from 10th Street for the SE
grading work. Access locations need to be shown on grading plans and a Washington
County ROW permit is required for access from 10th Street.
No grading can occur until Council approval, grading plan approval by city Engineer,
conformance with City erosion control standards, VBWD approval, and an NPDES
Permit, Grading Agreement execution and securities in place, tree preservation staking
& Precon meeting.
Hartley asked what happens to the grading agreement if the preliminary plat is delayed.
Wensman stated that this agreement will stay in place until it is replaced with a
developer’s agreement.
Public Hearing opened at 7:53 pm
Susan Dunn, 11018 Upper 33rd Street, talked about the significance of the waterway
that Dorschner brought up. There was questions regarding the trees that wer e
removed.
There were 2 email comments in support of this from Mike Tate, 11588 20th St & Bonnie
Morris, 11612 20th Street.
Mary Leslie, 11546 20th Street N, asked about the new gravel road coming off of 20th
Street and if it would be permanent. People on 20th Street are very interested to know
what the changes will be. She also commented on the water in that area and the
problems that they had in the past.
Tom Barnes, 1734 Manning Trail, his drainfield is the lowest in the area and wants the
grading to be done in such a way that it will not be affected. He is also concerned about
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Lake Elmo Planning Commission Minutes; 4-24-17
days and hours of operation. Packer stated that there are drainage swales that go
behind the properties. They are not allowed to put more water onto anyone’s property.
Becker went over what the hours of operation are.
Public Hearing closed at 8:10 pm
Williams is concerned about the tremendous grade changes in the NE corner of the
development. He publicly withdraws his comments that they need not be concerned
with the effect on the homes in West Lakeland. He thinks their views will be adversely
affected by this plan. Wensman stated that the former plans saved trees in that
location, but to address flood plain storage issues, the plans were revised making the
pond larger.
Dodson is wondering if they need additional technical opinions regarding the w ater
issues and how it could affect Lake Elmo. Wensman stated that the Valley Branch
Watershed District had done modeling on the Horseshoe Lake watershed and as a result
there is a larger retention pond.
M/S/P: Williams/Hartley, add draft finding #6 that the proposed phase I grading is
consistent as a stand alone project regarding a tree replacement plan , Vote: 7-0, motion
carried unanimously.
M/S/P: Williams/Kreimer, would like to add to condition #7 after the words “are
obtained”, “before any work commences”, Vote: 7-0, motion carried unanimously.
M/S/P: Dorschner/Lundquist, move to recommend approval of the grading permit to
grade the first phase of the proposed Royal Golf Club at Lake Elmo plat area with 7
conditions as revised based on the revised findings in the staff report, Vote: 7-0, motion
carried unanimously.
Public Hearing – Zoning Text Amendment – Solar Energy
Becker started her presentation by stating that the only thing that they are considering
are the standards for solar energy systems. The change to allow for solar farms in rural
districts was not advertised. Changes from the last meeting were 1) solar farms were
added as a conditional principal and accessory use to AG & RR districts, 2) Solar farm
definition not be based solely on selling of power, as solar energy systems trade power
back and forth, so it should be based on size, 3) minimum lot size is 10 acres 4)
maximum percentage of coverage is 25% 5) setbacks are subject to accessory structure
requirements of zoning district (or could be changed by Commission). Staff is
recommending that this should be tabled at this time because the Fire Chief and
Building Official made comments and suggestions, and they would like to have time to
research and suggest additional standards. There is concern about fire fighter risks
associated with solar energy.
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Lake Elmo Planning Commission Minutes; 4-24-17
Lundquist stated that an example of a perfect location for a solar farm not on 10 acres
would be the grade school with a flat roof. She also stated that something else to look
into would be photovoltaic is something to be concerned with and should be
researched.
There was discussion about standards for residential vs commercial properties and
ground mount vs roof mount.
Public Hearing opened at 8:30 pm
No one spoke and there were no written comments
Public Hearing closed at 8:31 pm
Dodson asked if there would be a different definition for solar farms for different zoning
districts. Williams is wondering if commercial should even be a CUP if there are
standards in place. Becker is wondering if they should separate the solar farms between
ground mount and building mount solar farms. Williams believes that would be the
case as the building mounting systems are self-limiting in size. Fields agrees that the
focus should be on ground mount systems.
Williams is suggesting that the solar farms could be an interim use in the RT zone.
Dodson asked about the OP district. Becker stated that OP is either a CUP or a PUD in
the AG or RR Districts, so it is inherent in the code.
Dorschner would like to have a better definition and understa nding of what a solar farm
is. Becker stated that ground mount should probably be part of the definition. Becker
stated that the definition that was proposed was taken from a model ordinance and is
what other cities have used. Hartley stated that a sola r farm is not on a building
because then it is an accessory use. Fields is not sure it is important to define how much
energy is sold off. He thinks the objective should be impacts to surrounding neighbors.
Wensman stated that from staff perspective, he thinks a CUP might be helpful to make
sure impacts are at a minimum.
M/S/P: Williams/Fields, move to postpone further consideration of Ord 08-173 for
additional standards of solar energy systems until the May 22, 2017 meeting, Vote: 7-0,
motion carried unanimously.
Dodson feels that they are pretty close on the ordinance that they have. Kreimer stated
that the Fire Chief and Building Official wanted to give input. Becker stated that the
public hearing notice also needs to be published for the amendments to zoning code.
Business Item – Easton Village 2 Final Plat
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Lake Elmo Planning Commission Minutes; 4-24-17
Becker started her presentation for Easton Village 2 Final Plat. This addition is for 19
single family lots in the 217 unit development. Prior to approval of Final Plat,
Preliminary Plans were updated to meet conditions of Preliminary Plat approval.
Revisions to these plans were required in order to address the following: 1) reconfigure
temp access 2) grading plan revisions 3) Adjustments to property Boundaries 4) Slightly
larger buffer from railroad tracks 5) revisions to stormwater mgmt. plan. The applicant
has increased the number of lots for the 2nd Addition Final Plat application from 18 as
proposed in Preliminary Plat, to 19 and there is a decrease in lot size. The developer has
also removed a trail and outlot. There is 9.84 acres of required parkland dedication.
3.99 acres were dedicated with 1st addition which leaves a remaining 5.85 acres of cash
payment in lieu of land. The developer was required to again update the preliminary
plans prior to reviewing the 2nd Addition Final Plat to reflect the lot size and number
changes. The issues with the landscape plans are as follows 1) there is no landscaping
shown on Village Parkway 2) there are no utility locations 3) irrigation plans needed for
ROW area 4) landscape maintenance agreement needed for ROW areas 5) condition of
approval landscape plans updated and approved by City Landscape Architect. Staff is
reviewing the Village Parkway Plan and the landscaping plans may be modified based on
that review.
The final plat is generally compliant with preliminary plat with the following exceptions
1) plan revision and proper permits required 2) parkland dedication is required and
needs to be re-evaluated with trail and outlot being eliminated 3) #14 distribution of
future costs associated with Village Parkway railroad crossing improvements to be
determined as part of developer’s agreement 4) #17 applicant is proposing eliminating
trail connection.
Dodson is concerned with the elimination of the trail connection. They pushed at
preliminary plat to have that and doesn’t know why it was removed. Becker stated that
the trail connection was discussed at the Park Commission and they didn’t see a
problem with it.
Dodson asked about condition #7 encouraging builders to incorporate interior noise
reduction measures. Dodson is wondering if that had been done in phase I. Wensman
stated that he is not aware of if that is happening or not.
Kreimer asked if there was a net increase of the development with the extra lot for
phase II. Becker stated that the overall development would still be 217 units. Kreimer
asked about the Village Parkway and why it did not get built completely to 2 nd addition
as required with the first phase.
Tom Wolter, Easton Village Developer, they are eliminating the trail, however, there is
still sidewalks in the cul-de-sac that connects to the other sidewalks in development. By
eliminating the trail, they have a variety of lot widths and can accommodate different
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Lake Elmo Planning Commission Minutes; 4-24-17
home types. People also like the privacy of not having a trail at the end of the cul -de-
sac. Dodson asked if there was a way to put the trail between 2 other lots. Wolter
stated that this segment of trail really doesn’t connect to anything.
Dodson asked about the sound abatement. Wolter stated that would go back to the
building department. Dodson asked if the builders are being encouraged to do any
sound abatement. Wolter stated that there is language in the HOA agreement
regarding the airport. There is no agreement between the developer and the builders.
Dodson is concerned about the trail being removed as the discussion at preliminary plat
was for connectivity. Williams doesn’t think the trail should be removed. He thinks it
does provide connectivity between the sidewalk and the cul-de-sac and Village Parkway.
He doesn’t buy the argument for privacy because the houses are so big and so close
together that there isn’t privacy anyway.
Dorschner feels that because the houses are so close, the trail should be removed
because there really isn’t a need with sidewalks on both sides. He feels the trail is
intrusive into the yards of those 2 lots and the lots would be hard to sell with the
easement. Larson is looking at this more as a jurisdictional issue. The Park Commission
has seen this and reviewed this and they said that it could be taken out. Larson feels it
is more the decision of the Park Commission. Williams recalls that the Park Commission
isn’t in favor of trails at the end of any Cul-de-Sac and he doesn’t agree with their
position. Williams stated that there are many sidewalks and trails that go along the side
of houses. Fields does not like to see an amenity that was approved at preliminary plat
removed when it comes to final plat. However, he does not see a great functionality of
that piece of trail. He has mixed feelings about it. Kreimer is in favor of trails at the end
of cul-de-sacs, but he is in favor of getting a better variety of lots in this development.
Williams stated that there is an easy way to get more variety and that would be to put
smaller homes on some of these lots.
Williams made a friendly amendment to add to finding #2 the elimination of the trail at
the cul-de-sac to the parkway, accepted by Dorschner.
M/S/P: Dorschner/Lundquist, move to recommend approval of the Easton Village 2nd
Addition Final Plat with the 10 conditions of approval as drafted by staff and amended:
Vote: 6-1, motion carried, with Williams voting against.
Williams asked if any of the conditions mentioned that trail. Becker stated that the trail
was a condition of approval for preliminary plat approval. Williams asked if any of the
findings for this approval address taking out that trail. Wensman stated that a finding
might be beneficial. Dodson feels it is covered as finding #3 states issues identified in
staff report.
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Lake Elmo Planning Commission Minutes; 4-24-17
Business Item – Zoning Text Amendment – Village Urban Districts
Becker started her presentation by going over the changes since the last meeting.
Single family homes in VMX are proposed as a condition use. The required findings are
that the use or development is compatible with existing neighborhood and that use will
be designated constructed, operated and maintained so as to be compatible in
appearance with existing or intended character of the gener al vicinity and will not
change essential character of the area. Current standards limit to those existing at the
time of adoption of ordinance. Should the City limit single family homes to those
existing at the time of adoption of the Ordinance or allow new and expanding single
family homes as a conditional use. Staff is looking for feedback on if the City should only
allow the existing single family homes, or if single family homes should be a conditional
use and they can be reviewed at the time to see if it would fit in with the general
character. The City Attorney was contacted in regards to the mixed use definition. She
did not have a definition as it is a mix of 2 principal uses already defined in zoning code.
There was previously proposed to maintain an open space buffer as designated by the
Comprehensive Plan without having to reference different setbacks in building permit
review process. Developers do not think it is practical and feel a better alternative
might be landscaping and berms. They also suggest a landscape easement over the
buffer. Model ordinance requires that developments over 5 acres in size have a mix of
housing types.
The Commission requested feedback from the County on why they want greater
setbacks on County roads. The reasons are as follows 1) portions of these roads are
considered minor highways and ROW widening may be necessary 2) higher traffic
volume 3) Lake Elmo Ave provides direct Access to Hwy 36 4) Trails may be desired on
both sides or four lanes, additional setbacks may accommodate construction 5)
additional setbacks leave room for berming and landscaping. This was added to the V -
LDR. The VMX does not provide for accessory structures. Should they be the same as
urban residential districts? Should the width of garages be the current standard of 40%
or the proposed 60% as in urban districts? Should two-family dwellings be conditional
uses as well in VMX?
Williams asked about the mixed use definition. Could it be applied to a development
that had single family homes as well as commercial structures? Wensman stated that if
it is part of an overall plan, the review would be done on the whole thing and it would
be a horizontal mix.
Kreimer asked how wide the Village overlay buffer is. Becker stated that it is not
specified anywhere that she can tell. Wensman stated that if you scale it, it would be
about 100 feet. Kreimer stated that his recollection was 100 feet. Dodson thought the
idea was to have the same buffer as an open space development. Kreimer doesn’t feel
that 100 feet is that hard to maintain.
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Lake Elmo Planning Commission Minutes; 4-24-17
Williams feels that both existing and new single family homes should be conditional
uses. Kreimer agrees that if the conditions are met, new single family would be fine.
Williams feels that 2 family dwellings should also be conditional. Dodson feels that
making them a CUP and evaluating if they fit, that can be arbitrary.
Dodson asked if Single family homes are allowed, how would you prevent for example a
very modern looking home from going in. Becker stated that a CUP could have
conditions for design to be compatible with existing or intended character.
Dorschner agrees that it should be conditional, but is also wondering if the whole
section of residential uses should be. Larson is wondering if it is burdening people,
Commissions and the Council by making so many things conditional. Fields feels that
making things conditional will not encourage projects to come forward. Lundquist
agrees with Dorschner that everything under residential should be a CUP to protect the
current residents in the Village.
M/S/P: Williams/Dorschner, move to make all of the residential uses in VMX a
conditional use, with confirmation from staff that there are no legal issues, Vote: 7-0,
motion carried unanimously.
M/S/P: Williams/Larson, move to make auto parts supply a conditional use in VMX,
Vote: 7-0, motion carried unanimously.
M/S/P: Dorschner/Fields, move to make medical facilities a permitted use in VMX,
Vote: 3-4, motion fails.
Williams is concerned that a medical facility could be anything from a small clinic to a
big hospital. He thinks it is too broad of a term to just allow anywhere in the VMX
district. Dodson thinks that could apply to many of the items on the list. Williams is
wondering if there should be any kind of a maximum building size in the VMX.
M/S/P: Kreimer/Williams, move to increase setbacks along certain portions of county
roads in the V-LDR to 30 feet, Vote: 7-0, motion carried unanimously.
Becker asked the Commission how they felt about the Accessory structure setback to
side yard and garage width. The Commission would like the garage width to stay at 40%
for VMX, but increase to 60% for V-LDR.
M/S/P: Williams/Kreimer, move to recommend adoption of Ord 08- as amended,
creating a Village Low Density Residential District and making minor amendments to the
Village Mixed Use District, Vote: 7-0, motion carried unanimously.
City Council Updates – April 18, 2017 Meeting
i) Engineering & Landscape Design & Construction Standards – Passed
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Lake Elmo Planning Commission Minutes; 4-24-17
ii) Bremer Bank Service Center Easement Vacations – Passed
Staff Updates
1. Upcoming Meetings
a. May 8, 2017
b. May 22, 2017
2. MAC CEP Report
Commission Concerns
Meeting adjourned at 10:45 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
PUBLIC HEARING ITEM 4A
PLANNING COMMISSION
DATE: 5/8/2017
AGENDA ITEM: 4A– PUBLIC HEARING
CASE # 2017-18
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: Southwind Public Roadway Easement Vacation
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City has received a request from Southwind Builders, Inc. to vacate a Public Roadway and
Utility Easement as recorded by Document Number 3970178.
Applicant: Southwind Builders, Inc., 2372 Leibel St, White Bear Lake, MN 55110
Property Owners: Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN
55125
Property: PID# 36.029.21.32.0034, Lot D of Hunters Crossing 1st Addition
PID# 36.029.21.32.0002, Section 36 Township 029, Range 21
Request: Application for Final Plat approval of a 46 unit single family attached residential
subdivision to be named Southwind of Lake Elmo.
Existing Land PID# 36.029.21.32.0034: Vacant land, Medium Density Residential
Use/Zoning:
Surrounding North – Manufactured home park/Rural Development Transitional; East – Gruber
Land Use/ pallets; South – Hunters Crossing Single Family Detached Dwelling
Zoning: Development/Limited Density Residential; West – Agricultural Residential/Rural
Development Transitional
Comp. Plan: Medium Density Residential (4.5-7 units per acre)
History: Comprehensive Plan Land Use Amendment – Re-guided Parcel from High
Density to Medium Density - 2013
Sketch Plan Review – February and March of 2015 (formerly known as Lennar
Townhomes)
Preliminary Plat Approval – July 2015 (formerly known as Diedrich Property
Preliminary Plat)
Final Plat Deadline Extension – December 2015 and 2016
Other Easements – 2013 – Details/Analysis below
Deadline Application Complete – 4/19/2017
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PUBLIC HEARING ITEM 4a
For Action: 60 Day Deadline – 6/18/2017
Extension Letter Mailed – No
120 Day Deadline – N/A
Applicable M.S. 412.851
Regulations:
ISSUE BEFORE COMMISSION:
The Commission is being asked to hold a public hearing and make recommendation on the request
for vacation of a public roadway and utility easement for PID# 36.029.21.32.0034.
PROPOSAL DETAILS/ANALYSIS:
Easement Vacation Procedure. Council may, by resolution, vacate any street, alley, public grounds,
public way, or any part thereof, on its own motion or on petition of a majority of the owners of land
abutting said property. Easement vacations require a public hearing and 4/5 vote by Council only if
there has been no petition.
Previous Easements. The City previously held easements on the subject property, a permanent
public utility easement and temporary construction easement. These were obtained on April 19, 2013
for consideration as part of the Lake Elmo sewer and water infrastructure project, and the landowners
were given consideration of $16,141.17.
The location of these easements was changed at the request of the land owners and developers to
facilitate development and make for more efficient infrastructure placement. The easement was
moved to the southern property line from the northern and eastern borders in order to facilitate sewer
construction, thus resulting in project cost savings, reducing the amount of pipe, grading, and
restoration needed for the project. New easements were then obtained with updated information
obtained by Staff.
The City held a public hearing by Resolution 2013-090A and Resolution 2013-090B and vacated the
original easements in December of 2013 by Resolution 2013-106A and Resolution 2013-106B. The
Council gave consideration to the fiscal impact the vacated easements provided, saving the City a net
$476,592 in construction costs for the northern half of 5th Street, $19,603.70 in construction costs and
$4,200,000 of potential property value development on vacated easement property and allowed
ratification of a 50% reimbursement of half the original cost of the easement ($8,070.86).
Reason for Request. The applicant has submitted application for Final Plat and has requested that
the 120 foot wide easement for public roadway and utility purposes over the north 474.06 feet of
recorded against the property be vacated. This easement was recorded in order to allow the City the
right to enter upon the easement area for the purpose of constructing, maintaining, installing and
repairing any roadway, equipment, materials or other relating items.
Final Plat Application. The Applicant’s Final Plat application has been deemed incomplete and will
not be considered at this meeting as was originally planned. The Commission should still hold the
scheduled public hearing and make recommendation, but the request will be brought to Council
concurrently with Final Plat. It is a recommended condition of approval that Council approve Final
Plat and that the Final Plat be recorded before the easement vacation request is granted.
FISCAL IMPACT
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PUBLIC HEARING ITEM 4a
Vacation of the easement will allow for development of the property, increasing property value
and tax revenue.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends that the Planning Commission recommend approval of the requested easement
vacation subject to the following condition of approval:
1. Final Plat of the Property over which the easement is subject must be approved by Council
and recorded.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the easement vacation
request, subject to condition of approval:
“Move to recommend approval of the request to vacate a Public Roadway and Utility Easement as
recorded by Document Number 3970178, subject to recommended condition of approval.”
ATTACHMENTS:
1. Application Form
2. Easement Document
3. Resolution 2017- approving easement vacation
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2017-__
A RESOLUTION VACATING A PUBLIC ROADWAY AND UTILITY EASEMENT
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved a Preliminary Plat formerly known as Lennar
Diedrich Townhouses (PID#s 36.029.21.32.0002 and 36.029.21.32.0034) on July 7, 2015; and
WHEREAS, PID# 36.029.21.32.0002 is owned by Tammy Diedrich and Gerhard
Rieder, 7401 Wyndham Way, Woodbury, MN 55125 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Public Roadway and Utility Easement
over a portion of the Lot, and this easement was recorded by the Office of the Registrar of Titles
of Washington County on November 4, 2013; and
WHEREAS, the City has received an application for Final Plat approval for PID#s
36.029.21.32.0002 and 36.029.21.32.0034; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Public Roadway and Utility Easement recorded on November 4, 2013
over a portion of PID#s 36.029.21.32.0002, legally described as follows:
A 120.00 foot wide easement for public roadway and utility purposes lying over, under,
and across the following described property:
The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Secion 36,
Township 29 North, Range 21 West, Washington County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the West Quarter corner of Section 36, Township 29 North, Range 21
West, Washington County, Minnesota; thence on an assumed bearing of South 00 degrees 02
minutes 54 seconds West along the west line of the Northwest Quarter of the Southwest Quarter
of said Section 36, a distance of 414.09 feet to the point of beginning of said centerline; thence
North distance of 176.86 feet a long a tangential curve concave to the southwest having a radius
of 667.00 feet and a central angle of 15 degrees 11 minutes 34 seconds; thence South 74 degrees
59 minutes 57 seconds East tangent to said curve, a distance of 50.99 feet; thence southeasterly a
distance of 176.87 feet a long a tangential curve concave to the northeast having a radus of
667.00 feet and a central angel of 15 degrees 11 minutes 37 seconds; thence North 89 degrees 48
minutes 26 seconds East tangent to said curve, a distance of 77.17 feet; thence southeasterly a
distance of 440.75 feet along a tangential curve concave to the southwest having a radius of
667.00 feet and a central angle of 37 degrees 51 minutes 38 seconds; thence South 52 degrees 19
minutes 56 seconds East tangent to said curve, a distance of 51.70 feet; thence southeasterly a
distance of 173.84 feet a long a tangential curve, concave to the northeast, having a radius of
667.00 feet and a central angle of 14 degrees 55 minutes 58 seconds, to the east line of said
Northwest Quarter of the Southwest Quarter there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate on said east
line of the Northwest Quarter of the Southwest Quarter.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, a public hearing to consider the vacation of the Water Main Easement was
held on the 8th day of May 2017 before the Planning Commission in the Lake Elmo City Hall
located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and
posted notice had been given, as well as personal mailed notice to all property owners within 350
feet of the Public Roadway and Utility Easement by the City Clerk on the 26th day of April 2017
and all interested and affected persons were given an opportunity to voice their concerns and be
heard; and
WHEREAS, the Planning Commission in its discretion has determined that the vacation
will benefit the public interest because:
1) The Applicant, upon receiving Final Plat approval, will construct the northern portion of
5th Street along PID#s 36.029.21.32.0002 and 36.029.21.32.0034.
WHEREAS, the Council, at its meeting on the __th day of ______ 2017, considered the
recommendation of the Planning Commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing Public Roadway and Utility Easement is hereby granted in accordance
with the property descriptions provided above, subject to the following conditions.
1) Final Plat of the Property over which the easement is subject must be approved by
Council and recorded.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this __th day of ____ 2017.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk
499114v1 SJS LA515-28
STAFF REPORT
DATE: 5/8/16
AGENDA ITEM: 4B – PUBLIC HEAR ITEM
CASE # 2017-19
TO: Planning Commission
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Rezoning/PUD Amendment – Wildflower at Lake Elmo
REVIEWED BY: Kristina Handt, City Administrator
Emily Becker, City Planner
Mike Bent, Building Official
Greg Malmquist, Fire Chief
Rob Weldon, Public Works Director
Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
SUMMARY AND ACTION REQUESTED:
Robert Engstrom Companies is requesting approval of an amendment to the Wildflower at Lake
Elmo PUD Agreement. PUD Amendments are processed as zoning amendments according to Lake
Elmo Code Section 154.757 requiring a public hearing. The PUD Agreement was originally codified
in Resolution 2015-24, approved by the City Council on April 14, 2015.
GENERAL INFORMATION
Applicant: Robert Engstrom Companies; 4801 West 81st Street, #101, Bloomington, MN
Property Owners: Robert Engstrom Companies; 4801 West 81st Street, #101, Bloomington, MN
Location: Part of Sections 12 and 13, Township 29 North, Range 21 West in Lake Elmo,
north of 39th Street, west of Lake Elmo Avenue, and south of the northern Village
Planning Area boundary line.
Request: Application for a PUD Agreement Amendment
Existing Land Use and Zoning: Vacant outlots and MDR/PUD.
Surrounding Land Use and Zoning: North – vacant/agricultural land, rural residential; west –
Village Preserve / LDR zoning; south – offices/General
Business zoning; east - open space/ Field of St. Croix II
subdivision
Comprehensive Plan: Village Medium Density Residential (3-4 units per acre)/Village
Open Space Overlay
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History: The property is within the Village Planning Area boundary and municipal sewer
service area. The site was historically been used for farming activities. A large
portion of the site is located in a FEMA Flood District. The City approved a
Comprehensive Plan Amendment in 2014 that removed portions of the site from the
open space land category. The City approved a PUD Concept Plan for the property
on June 17, 2014, and a preliminary plat and preliminary PUD plans on April 14,
2015. Wildflower 1st Addition received final plat and PUD plan approval on 7/21/15.
Wildflower 2nd Addition received final plat and PUD plan approval on 12/6/16.
Deadline for Action: Application Complete – 4/21/17
60 Day Deadline – 6/20/17
Extension Letter Mailed –
120 Day Deadline –
Applicable Regulations: Article XVIII, Chapter 154.750-760, PUD Regulations
Article XII – Urban Residential Districts
Article V – Zoning Administration and Enforcement
REQUEST DETAILS:
Robert Engstrom Companies is requesting approval of an amendment to the Wildflower at Lake
Elmo PUD Agreement. The requested changes to the Agreement are:
1. Reduce the rear yard setbacks on some corner courtyard lots from 20 ft. to 10 ft.
2. Reduce the side yard setbacks on some corner lots from 20 ft. to 10 ft.
3. Allow front doors to face the corner sideyard.
4. To allow the reorientation of certain courtyard lots to allow driveway access locations to be
more flexible
5. To reduce the side yard setbacks for Conservancy and Ridge Lots from 15 ft./10 ft. to 10 ft./5
ft.
6. Increase the courtyard lots allowed impervious surface coverage from 50% to 56%.
PUD Amendments are processed as zoning amendments according to Lake Elmo Code Section
154.757 requiring a public hearing. The PUD Agreement was originally codified in Resolution 2015-
24, approved by the City Council on April 14, 2015.
REVIEW AND ANALYSIS:
Robert Engstrom Companies is seeking approval of a PUD Amendment to allow changes to the PUD
Plans and to amend the PUD Agreement. When Wildflower at Lake Elmo was approved, the PUD
Plans and an associated PUD Agreement were approved that set forth specific site design elements
and established specific setbacks, impervious coverages and other zoning specifics associated with
the development. Once approved, the plans and agreement determine how the site will develop. Since
approval, Engstrom Companies has been seeking additional PUD flexibilities as builders and
residential buyers have made proposals that do not meet the strict enforcement of the PUD plan and
Agreement that were not foreseen when the PUD plans and PUD Agreement were approved.
1. Rear Yard Setbacks. The rear yard setbacks for the courtyard lots were codified in the PUD
Agreement. It was established that the rear yard setbacks would be 20’ for all courtyard lots. The
developer is seeking to reduce the rear yard setback for Lots, 17 and 18, Block 3 and similar lots in
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future phases from 20 feet down to 10 feet (shown by asterisk on Exhibit). By doing so, the
developer will be essentially eliminating the small rear yard area on these lots, bringing the garage up
to the 10 foot drainage and utility easement. The change will also lessen the distance between the
garages on Lots 17 and 18 and on similar lots in future phases and the adjacent courtyard homes. The
change may also result in an increase in impervious surfaces beyond the allowed 50%.
Approved PUD Plan
2. Reduce Corner Side Yard Setbacks. The developer is requesting that the corner side yard
setbacks be reduced from 15 ft. to 10 ft. to provide more flexibility in home design and layout, such
as on Lot 18, Block 3 (shown in red on Exhibit). This request is somewhat tied to the request to allow
the front doors to face the corner side yard (essentially making it the fro nt yard).
3. Allow Front Doors to Face Corner Side Yard. This request is to allow front entrances of
homes to face the corner side yard (presently a 15’ setback, but requesting a 10’ setback). The
purpose is to allow flexibility to take advantage of sun angle, such as on Lot 18, Block 3 (shown in
blue on Exhibit).
4. Reorienting Driveway Access. The developer is also requesting flexibility to allow re -
orientation of certain courtyard lots, such as Lots 12 and 13, Block 3 (shown in yellow on Exhibit) to
allow flexibility to take driveway access from perimeter streets rather than from the courtyard as
shown on the approved PUD plans. The developer is requesting this change to facilitate the ability to
take advantage of sun angle, views, and to vary rooflines and building elevation details. With this
request, it is unclear whether the rear yards would remain facing the courtyards as planned. The
proposal is a deviation from the general plan concept having garage doors and driveways accessed
from the rear and front entrances and porches from the primary streets. Another issue to consider is
the curbing in the Sunflower Lane cul-de-sac is a B6-12 curb type, and is not surmountable. The
existing curbing in the cul-de-sac would need to be replaced with a surmountable curb to
accommodate a driveway and would need to be replaced prior to the installation of the final lift of
asphalt. The request would also result in more driveways crossing pedestrian sidewalks which is a
deviation from the general PUD Concept Plan. There may also be public utility or joint trench
conflicts associated with this change that would need to be evaluated on a case -by-case basis if
allowed. If the Planning Commission and Council are considering allowing this change, Staff
recommends that a condition be added that prior to approval, the individual building permits for each
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lot will need to be reviewed by the City Engineer for potential conflicts before the driveway will be
allowed by the City.
Approved PUD Plans
5. Sideyard Setbacks for Ridge and Conservency Lots. The developer is also requesting a
reduction in the side yard setbacks for Ridge and Conservency lots to allow for larger homes on these
lots. The current PUD setbacks are:
The developer would like to reduce the House Side Yard Setback to 10 feet and the Garage Side
Yard Setback to 5 feet consistent with the LDR Zoning District. This change would result in a more
urban look to the Ridge and Conservancy Lots and a loss of some of the openness. This will change
the look of the PUD development and is a general deviation from the Concept PUD Plan.
Approved PUD Plans
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6. Maximum Impervious Coverage. The developer is seeking a change to the allowed maximum
impervious coverage for the courtyard lots. The PUD Agreement did not address the allowed
maximum impervious coverage per lot, so therefore the base zoning district standards apply (MDR).
The MDR Zoning District allows a maximum impervious coverage of 50% per lot. The developer is
seeking an increase to 56% to allow for some of the changes previously discussed. Any such change
would need to be subject to Valley Branch Watershed District approval. The original stormwater
management stormwater model was based on impervious surface assumptions. These will need to be
reviewed by the VBWD against the changes being proposed.
PUD Flexibility. The PUD process is a give and take process where the City grants flexibility in
exchange for higher quality development meeting the objectives identified in City Co de Section
154.751. In the case of Wildflower at Lake Elmo, the City allowed smaller streets, lesser setbacks,
and tighter arrangement of homes surrounding the courtyards in exchange for a larger preserved open
space, trail networks, architecture standards, public art and a variety of lot sizes among other things
to justify the PUD flexibility. These features and amenities were codified with the approval of the
PUD Plans and PUD Agreement. Now the developer is seeking to amend the PUD, and seeking
additional deviations from City zoning, particularly the MDR setbacks and maximum impervious
surface coverages with no obvious additional benefit to the City.
The request for lesser structure setbacks for the Conservancy and Prairie lots are still consistent with
the underlying LDR Zoning District, although somewhat contrary to the PUD Concept Plan. The
reorientation of courtyard lots is not a zoning code issue, but a PUD Concept plan deviation. There
are some courtyard lots with driveway access, but these were minimized to provide for an improved
pedestrian way minimizing driveways and garage doors facing the public street. The requested
setback changes can have an impact on the sense of openness, reduction in green space, and
impacting the public right-of-ways.
The City does have some latitude in determining denial of the requested PUD amendments. PUD
amendments are processed as a rezoning which means that this is a legislative decision by the City.
When acting legislatively, the City has broad discretion and will be afforded considerable deference
as to its decision by any reviewing court.
Generally, a PUD allows greater “flexibility” in return for concessions or enhancements from the
developer. In this case, it is staff’s opinion that additional flexibility is being requested by the
developer without any additional benefits to the City. Quite a few of the concessions the developer
is requesting benefit the developer and could arguably negatively impact the City or the public.
DRAFT FINDINGS:
In order to deny a rezoning, the Planning Commission shall consider findings and shall submit the
same with its recommendation to the City Council. Staff does not find the PUD amendment to be
consistent with the Wildflower at Lake Elmo PUD Concept Plans and do not meet any of the Planned
Unit Development Objectives, Section 154.751 of the City Code. Staff suggests the Planning
Commission review each requested change against the following findings:
1. Generally, the developer has not shown that the additional flexibility being requested with
respect to the PUD amendment provides any additional benefits to the City which is required
for a PUD.
2. The developer has not shown how the PUD amendment would meet any of the identified
PUD objectives set forth in Section 154.751 of the City Code.
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3. Reducing the rear yard setbacks on the requested lots will eliminate the already small rear
yard area on these lots. It will also bring the garages right up to the drainage and utility
easements which may cause access issues for the City in the event that work needs to be
performed by the City within these easement areas. Furthermore, the reduction may also
result in an increase of impervious surface on the lots beyond the allowed 50 percent.
4. Reducing the corner side yard setbacks does not provide any additional benefits to the City.
5. Allowing the front doors to face the corner side yard which will reduce the setback does not
provide any additional benefits to the City.
6. Reorienting driveway access of certain courtyard lots is a deviation from the general concept
of the development to have garage doors and driveways accessed from the rear and front
entrances and porches from the primary streets. This will result in driveways crossing
sidewalks which could cause a public safety issue if pedestrians in the neighborhood are
accustomed to there not being driveway crossings on sidewalks. Furthermore, the driveways
may cross public utilities or joint trenches that are already installed which may cause
additional costs to the City and the property owner in the event that the City needs to perform
work in the area and the driveway on the property needs to be removed in order for the City
to be able to perform the work.
7. Reducing the side yard setbacks for Ridge and Conservancy lots is a deviation from the
concept plan. It also does not provide any additional benefits to the City and may cause
impacts to the development’s stormwater management.
8. Changing the maximum impervious surface coverage for the courtyard lots may cause
impacts to the development’s stormwater management. It also does not provide any
additional benefits to the City.
9. The requested setback changes will have an impact on the sense of openness and reduction in
green space which go against the higher standard of building and site design which is one of
the PUD objectives. It also does not provide any additional benefits to the City.
RECOMMENDATION:
Staff recommends denial of the PUD Amendment for Wildflower at Lake Elmo Planned Unit
Development because the requested changes are not consistent with the concept plan and do not meet
any of the PUD objectives. Furthermore, the flexibility requested by the developer does not show
any additional benefits to the City which is required for a PUD. Therefore, staff recommends the
following motion:
“Move to recommend denial of the Wildflower at Lake Elmo Planned Unit Development PUD
Amendment with the based on the findings in the Staff report.”
If the Planning Commission wishes to recommend approval to one or all of the requested changes,
Staff recommends the Commission consider each request separately by motion and to cite findings
for each motion. In addition, certain conditions should be considered including:
1. That the PUD amendment be subject to Valley Branch Watershed District review and
approval.
2. That any changes to the cul-de-sac curbing on Sunflower Lane occur prior to the installation
of the final lift of asphalt.
3. That each building permit related to re-orientation of driveways be reviewed by City
Engineer on an individual basis for conflicts with City and private utility or other
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infrastructure before the City will approve the driveway being installed in the desired
location.
4. That the Preliminary and Final PUD plans be updated to reflect the Amendments.
ATTACHMENTS:
Applicant’s narrative
Wildflower at Lake Elmo PUD Agreement
Approved Courtyard Driveway Exhibit
Developer Exhibit showing courtyard lot changes
Developer Exhibit showing Prairie and Conservancy Lot areas
Wildflower at Lake Elmo
PUD Amendment
Garden Villa Homes—(GVH)
o Requesting review and approval for modifications of PUD subdivision site
conditions based on actual construction experience and home owner comments.
The Garden Villa Homes (Single Family Detatched) are unlike any currently
being constructed in Lake Elmo and the Metro area. The homes in Wildflower
are intended to be individually custom designed.
Garden Villa Homes (GVH): Modifications requested
o GVH Lot Set-Backs—Flexibility for Lot Conditions
Flexibility requested for some 90 degree turned lots in phases I and III.
These lots require additional customization due to unique locations. The
advantage of turning the lots on the corners of some areas provides for
more privacy, variety of streetscape elevations and roof lines. In addition,
better sun orientations and garage locations. Home buyers have been very
receptive to these lots and so this indicates that a few of these lots in the
Garden Court area are desirable. Therefore, some flexibility in setbacks
would make these lots work better
o GVH Lot Set-backs Modifications—Permit 10’ Easements on all Corner Lots
Due to the enhanced customization of the corner lots and turned lots
(which also creates some very interesting street elevations) in Phases I and
III, we currently have some corner lots and turned lots that have ten-foot
easement off the courtyard drives and a fifteen-foot easement off the
streets. We would like to have more flexibility in some of the
architectural orientations with ten foot easements on all corner lots.
o GVH Lot Coverage Percentage—Increase the Lot area Coverage from 52% to
56%.
The current percentage of lot coverage is 50% currently. We would like to
increase this to 56%. Now that there are a number of home owners in
Phase I, we recognize that with the concept of patio areas front and back
that a little extra coverage would provide homeowners more personalized
space to develop for their private use. In addition, the large internal park
dramatically reduces the overall lot coverage for each home on all three
courtyard blocks.
Ridge Lots and Conservancy Lots
o Side Yard set-backs—Change side yards on Block 1, First Addition to the
standard city set-backs of five and ten feet.
o Side yard set-backs are currently fifteen and ten feet. This will provide some
flexibility for accommodating larger homes on the Ridge Lots.
General Landscaping—Average Tree Dimensions for the overall PUD.
Our approach to landscaping greatly exceeds City requirements. We
would like the City to consider some flexibility in how and where we plant
the vegetation, based on the fact that we exceed the City’s quantity
requirements. We request location caliber flexibility due to the fact that
we are planting numerous machine-moved trees (4-8” caliber) that exceed
minimum caliber size of two and a half inches. We also find that some
unique species available at around one and one half inch caliber are a
worthy planting stock to create a diversity of species and aesthetic appeal.
Storage Shed—Permit an Association Shed for equipment and materials used for
maintenance of common areas.
Allow construction of a storage Shed of 400-500 sq. ft.
The location to be on the south side of Sunflower Lane at the intersection
with Swallowtail Lane. The minimum set-backs to be 2 feet from the
south property line and 5 feet from the Sunflower Lane curb. An alternate
location might be the Outlot A park of the Second Addition.
Entrance Monument—Allow proposed Entrance Monument over small utility lines.
o The location is on an Association Outlot and has written approval from Xcel
Energy.
Public Art—Allow Association-maintained sculptures, Art Forms, and Sidewalk
Poetry.
o Install a sitting area platform at water’s edge in Outlot C of the First Addition.
o Allow Public Art in locations approved by the Planning Director.