HomeMy WebLinkAboutPZ Packet; 11-26-18
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 November 26, 2018
at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. October 22, 2018
4. Public Hearings
a. FINAL PLAT AND PUD PLANS AND EASEMENT VACATION. A request by Royal
Development, Inc., 941 Hillwind Rd NE Ste 301 Fridley, MN 55432, on behalf of H.C. Golf
Land, LLC. has submitted an application to Final Plat Phase 3 of the development known as
The Royal Golf Club at Lake Elmo 3rd Addition and a request for an Easement Vacation for
the property located at 11455 20th St N. Lake Elmo, MN 55042. The Final Plat will consist
of 34 single family lots and 33 Villa lots for a total of 67 residential lots on about 103 acres.
The requested easement vacation falls over existing Outlot T. PID #25.029.21.22.0001 &
25.029.21.31.0041.
5. Business Items
a. FINAL PLAT. A request by Joe Bush of J.P. Bush Homes, 1820 Quinlan Ave. Lakeland,
MN 55043, on behalf of James McLeod has submitted an application to Final Plat property
located at 11580 30th St. N. Lake Elmo, MN 55042. The proposal consists of final platting
10 single family lots on 5.9 acres of land and will be known as Wyndham Village. PID
#13.029.21.43.0001.
b. Proposed amendments to Chapter 32 as it relates to the Planning Commission.
6. Communications
a. City Council Updates – November 7, 2018
a. 7962 Hill Trail Variance – Both passed
b. 9843 & 9829 Whistling Valley Road Easement Vacation - passed
c. Cedar Pet Clinic CUP Amendment - withdrawn
d. Bentley Village Sketch Plan Review
b. City Council Updates – November 20, 2018
a. None
c. Staff Updates
a. Upcoming Meetings:
December 10, 2018
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; 10-22-18
City of Lake Elmo
Planning Commission Meeting
Minutes of October 22, 2018
Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dodson, Dorschner, Weeks, Hartley, Lundquist, Pearce
COMMISSIONERS ABSENT: Kreimer and Johnson
STAFF PRESENT: City Planner Prchal, Consulting Planner Haskamp and City
Administrator Handt
Approve Agenda:
M/S/P: Hartley/Lundquist, move to approve the agenda as presented, Vote: 6-0, motion
carried unanimously.
Approve Minutes: October 10, 2018
M/S/P: Dorschner/Hartley, move to approve the October 10, 2018 Minutes as
presented, Vote: 3-0, motion carried, with 3 members abstaining that were not
present.
Public Hearing – Variance 7962 Hill Trail
Prchal started his presentation regarding the variance at 7962 Hill Trail N. This variance
request is for an increased impervious surface of 16.5% when 15% is allowed. The
variance also includes a request for a driveway width of 30 ft. when 26 ft. is allowed.
The applicant is looking to increase the upper driveway and walkway by 307 sq. ft. and
the lower driveway by 436 sq. ft. Engineering reviewed the application and suggested a
requirement that the driveway drain primarily to the private yard areas either north or
south of the driveway. There are 4 criteria that the applicant needs to meet in regards
to a variance. Practical difficulties, unique circumstances, character of locality and
adjacent properties and traffic.
Staff feels that the argument is met for practical difficulties both for the driveway width
and the impervious surface. As far as unique circumstances, staff does not feel that this
criteria is met for the additional impervious surface. Staff feels that the property owner
created this issue because the home that was constructed was built to the maximum
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Lake Elmo Planning Commission Minutes; 10-22-18
allowed. Staff feels that the criteria of character of the locality and adjacent properties
and traffic is met as this would not be out of character or cause traffic issues for the
driveway and impervious.
Lundquist asked about the driveway that was for the previous house and why the
applicant wouldn’t just abandon that one. Prchal stated that the applicant uses that
driveway to access the rear garage.
Dodson asked why the City would care about the width of the driveway if it doesn’t
directly access the city road. Prchal stated that the right of way technically extends to
the boundary of the front yard.
Pearce asked if there was any concern from the neighbors about the driveway
expansion. Prchal stated that he has not heard from any of the neighbors.
Dodson asked if there is a location for a backup drainfield. Prchal stated that he did not
review that. Dodson wanted to be sure that space is not being taken up for the required
secondary drainfield.
Dorschner is wondering if the bump out on the lowe r garage is not done, would the
impervious percentage be met. Prchal stated that it would not as the applicant is
already at 14.8% which doesn’t leave much.
Handt stated that there are still some areas of the older driveway that is still gravel and
there might be some opportunities to use pervious pavers and not exceed the 15%.
Tom Burns, 7962 Hill Trail N, stated the original property had a large circular driveway
that went all the way around the house and to a shed that was on the property. Burns
believes that the impervious that was on this property previously was probably equal to
what they are proposing. Burns stated when they were designing the home and
driveways, it looked fine on paper, but the reality is that it doesn’t work.
Dodson is wondering how close the southern driveway is to the lot line. Prchal
confirmed that it is non-compliant to city standards. Dodson asked if this would be the
time to require that driveway to be brought into compliance and move it further north.
Prchal stated that it could be done through conditions, but there is no part of that
driveway being changed.
Public Hearing opened at 7:25 pm
Brenda Taylor sent a letter that she has no issue with this variance.
Public Hearing closed at 7:26 pm
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Lake Elmo Planning Commission Minutes; 10-22-18
Pearce doesn’t see an issue with this as it backs up to a private drive. Dodson is
generally supportive of it, but is a little concerned with eliminating pervious surface by a
lake. The fact that the lot to the south of this one is unbuildable, makes it a littl e easier
to average out the impervious.
Burns stated that granting the variance for widening the driveway without granting the
variance for the impervious surface, won’t help him. Burns is unable to widen the
driveway without going over impervious.
Dorschner stated that it is his understanding that it could be widened and they could
use class 5 or something on it. Prchal stated that gravel driveways still count as
impervious. Prchal stated that the Planning Commission could allow the wider
driveway, but require mitigation in another area.
Hartley stated that the additions to the lower pad is the majority of the increase of
impervious surface.
Handt stated that the unique circumstances requirement of the variance states that the
plight of the landowner is due to circumstances unique to the property not created by
the landowner. Handt pointed out that this property is over an acre and was developed
by the party asking for the variance.
Weeks stated that it appears that the property owner created their own hardship
because of how they developed the land.
Burns stated that he was the general contractor on the project. They worked with an
architect on the design of the house and did not know the impervious was an issue until
after they had spent a significant amount of money designing the home. Burns stated
that the neighbor to the North did changes to their home within the last 2 years and
they are at around 26% impervious. Burns does not understand what is different
between that property and his.
Handt stated that she did look at those properties and they are significantly smaller lots.
The City had a history in the shoreland of 6000 square feet of impervious. On smaller
lots, that equates to a higher percentage. This lot is over an ac re, so the 6000 square
feet is way less than the 15%. Handt stated that each situation needs to be looked at
independently and it needs to meet the variance criteria.
Dodson asked why we would penalize a property owner that made a mistake. Handt
stated that variances should be unique and special and not the norm and must meet the
variance criteria. Handt stated that maybe there is some middle ground that can be
reached or the Planning Commission can come up with an argument to support the
variance. Handt stated that it isn’t uncommon for the City to ask for some type of
mitigation elsewhere on the property with pervious pavers or a raingarden.
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Lake Elmo Planning Commission Minutes; 10-22-18
Dorschner doesn’t feel that he can support the rear pad. Dorschner has a similar
situation on his own property where he has to drive across his lawn to park his boat.
Dorschner feels that with the safety considerations of the road, he could support the
driveway variance.
Lundquist stated that she has been on the Planning Commission for 3 years and does
not remember any of those homes. Lundquist stated that there was something recently
approved that required the applicant to tear out pavers that were there to get below
the impervious. Lundquist wondered if there was anything that could be removed to
accommodate for this. Burns stated that the only impervious surfaces are the
driveways. Burns is willing to explore a raingarden or other options.
Pearce doesn’t have a problem with what the applicant is trying to do, but doesn’t feel it
is for the Planning Commission to come up with the hardship.
Dodson stated that he doesn’t feel that there is a hardship because this applicant is the
one that built the house. Burns stated that when they purchased the property and
started looking at building the home, they were not aware of the 15% rule.
M/S/P: Dorschner/Dodson, move to recommend approval of the request for an
expanded driveway width, subject to conditions of approval as recommended by staff ,
Vote: 6-0, motion carried unanimously.
Public Hearing – Conditional Use Permit Amendment Cedar Pet Clinic
Prchal started his presentation regarding a conditional use permit amendment for
11051 Stillwater Blvd., Cedar Pet Clinic. This is for a CUP amendment to allow an
expansion of the parking lot as well as a 1400 square foot addition to the building to
better serve the needs of their clients.
The applicant has put together a plan that meets the development standards for the
use. The application also meets the parking lot and parking requirements. The proposal
does not show that screening has been provided along the eastern property line to
comply with a more intense use butting up to a less intense use. This will be a condition
of approval. This property is in the VMX district and is subject to the Lake Elmo design
standards. Most of the standards are met with the exception of the lighting. A
condition of approval will be that lighting be provided for entryways, parking lot, etc.
Lundquist asked if Washington County has reviewed the increased traffic of this area.
Prchal stated that the application was sent to Washington County for review. Handt
stated that in her conversations with the County, County road 14 is probably not going
to be looked at for improvements for another decade.
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Lake Elmo Planning Commission Minutes; 10-22-18
Prchal stated that another condition of approval is that the landscaping plan be
accepted by the landscape architect. There needs to be more information provided
regarding how many trees are currently on the site and how many need to be planted.
Tim Knutson, BDH and Young, architect for project talked about the lighting around the
building for illumination. Knutson stated that the sign at the road will remain the same
and they will work with staff regarding the landscaping. Knutson stated that once the
project is approved by City Council, they will go to the watershed for permitting and will
have a better plan at that time.
Dr. John Bailee, Cedar Pet Clinic, stated that their previous location was 50 feet from the
closest neighbor and there have never been complaints regarding barking dogs. The
Clinic does not board dogs overnight. They will keep sick animals overnight, but those
are usually not the barking dogs. Much of the practice is cats, birds and small animals.
Bailee stated that they have used features such as smaller rooms that restrict the noise
and they are expanding away from the housing. Dr. Bailee stated that they have been in
business in Lake Elmo for more than 20 years and would like to remain, but they have
outgrown the space. The expansion is critical to the business which currently has 3 full
time doctors.
Public Hearing opened at 8:14 pm
No one spoke and there was no written correspondence
Public Hearing closed at 8:14 pm
Lundquist stated that her only concern is the traffic on County 14 and the traffic from
the elementary school. Hartley stated that realistically, this business does not generate
much volume of traffic.
Dodson thinks that the condition regarding disposal of animals and animal parts is
unnecessary as they would be regulated by state and federal law. Handt pointed out
that they are, but if the business is found not to be following those rules, having that as
a condition makes it easier for the City to revoke the CUP.
M/S/P: Lundquist/Hartley, move to recommend approval of the Cedar Pet Clinic
Conditional Use Permit Amendment with recommended findings and conditions of
approval as drafted by staff, Vote: 6-0, motion carried unanimously.
Business Item – Subdivision Sketch Plan Bentley Village
Haskamp started her presentation regarding the sketch plan proposal for 239 attached
townhomes on 34.621 acres. There will be no formal action on this request, but the
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Lake Elmo Planning Commission Minutes; 10-22-18
Planning Commission is being asked to provide feedback. The density for this
development is 6.9 units per acre across the entire development.
There are 2 access points proposed with this sketch plan that would line up with 5 th
Street. There is also a North/South roadway proposed that will create a connection
when future development occurs. The development will provide a trail that will connect
to the trail to the north of 5th Street. The developer will need to demonstrate how the
utilities will fit in the 50 foot right of way tbat is proposed. Each of the buildings have
between 4 and 6 attached units which fits into the code.
There is an existing park in the Savona neighborhood which would fulfill the need for a
park in this area. There might be a desire or need for a pocket park or private gathering
space. If Pulte moves forward, a zoning map amendment will be required depending on
the timing of the application. With the Preliminary Plat and Supplemental Plan set,
Engineering and Landscape plans will need to be submitted.
Hartley asked how the 50 foot street width would be resolved. Haskamp stated that if
the sketch plan process is completed, the applicant would need to demonstrate that the
City standards can be met in the 50 foot right of way to the satisfaction of the City
Engineer. If they can’t be met, the applicant could also ask for a variance through the
preliminary plat process.
Handt stated that the paved part of the street will meet the standard. It comes down to
if there are trails, sidewalks and boulevard trees, how it would work.
Dorschner asked if the 2040 Comprehensive Plan moves the upper density to 8 units per
acres, could they come back and ask for that, or at what point would they be locked in
to the 6.9 units that are proposed. Haskamp stated that once preliminary plat
application is made, they would be locked in to what they applied for.
Dodson asked when the City would shift to the 2040 plan. Haskamp stated that the 2040
plan should be adopted by the end of the year.
Paul Hoyer, Pulte Homes, provided a presentation regarding the development. The
design approach avoids displaying garages to the perimeter and includes varied building
orientation to add interest. There is open space at future roadway and key locations.
There are gathering places for social interaction. The types of private amenities are yet
to be determined. There is more market research needed. This development will have
an HOA which will maintain the exteriors, do snow removal and lawn and irrigation
maintenance. These homes will serve a variety of demographics and offers a variety of
different amenity choices.
Pearce is wondering about the connection to Hudson Blvd. as he is concerned about the
increased traffic on 5th Street. Pearce is pleased with the multiple entrances. Haskamp
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Lake Elmo Planning Commission Minutes; 10-22-18
stated that part of the application process and engineer comments is to get a better
understanding on how many trips per day this development would generate and the
phasing of the project to determine what improvements would be needed.
Dorschner asked if this product was similar to the Lennar townhomes. Hoyer stated
that the product that they build is a three story product and the Lennar townhomes are
a two story product. The Pulte product attracts the more traditional townhome buyer,
more singles and couples. The three story townhomes do not attract the empty nest ers
with all of the steps. Dorschner stated that one of the issues in the Savona
neighborhood is parking. The streets are narrow and the driveways are short. If a
homeowner has guests there is a parking issue and in the winter there is a problem with
snow. Hoyer stated that they are proposing public streets which are wider and there
would be parking on one side of the street.
Dodson stated that looking at the plan and the clusterin g of buildings, he thinks there
will still be a problem with parking. Hoyer stated that there are parking areas within
each driveway and they are also planning a parking lot in a central location with the
amenity center. Dodson likes the trail going by the swimming pool and would like to see
more of that throughout the neighborhood. Hoyer stated that at the sketch plan level
they have not put that much detail into it yet, but he does like trails.
Weeks stated that there is a city easement from 5th Street going north and leading right
into Savona Park. Weeks stated that if people are going to cross 5th Street to get to
Savona Park, there should be enough light and possibly a cross walk. Pearce stated that
he doesn’t see a need for a park, but possibly a tot lot for the young kids if the
demographic supports it.
Weeks pointed out that there is also a trail along Keats Ave that leads right into the Lake
Ridge Crossing Park. There is quite a bit of park space in this area. The Savona Park and
Lake Ridge Crossing Park are each 2 acres, there is the Stonegate Park and Inwood has
about 12 acres of open space, plus all of the trails which are considered part of the park
system.
Dorschner thinks the lay out of the plan is too parallel to 5th street and would like to see
something that would give more character to it.
Pearce lives in Savona and the feedback he is getting from the neighbors is positive.
Dodson agrees with Dorschner about the parallel look to the plan, but feels it will be
necessary to keep the density, which might keep the cost lower.
Dorschner is wondering about the cul-de-sacs at both ends of the property and why that
is not looped. Hoyer stated that it is to accommodate the storm water ponds. Hoyer
also stated that people like to live on cul-de-sacs and it gives a variety of lots.
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Lake Elmo Planning Commission Minutes; 10-22-18
City Council Updates – October 16, 2018
1. Four Corners Developer Agreement - passed
Staff Updates
1. Upcoming Meetings
a. November 14, 2018 (Wed)
b. November 26, 2018
Meeting adjourned at 9:18 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
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STAFF REPORT
DATE: 11/21/2018
REGULAR
ITEM #: 4a
MOTION
TO: Planning Commission
FROM: Jennifer Haskamp, Consulting Planner
AGENDA ITEM: Royal Golf Club at Lake Elmo 3rd Addition Final Plat and Planned
Unit Development (PUD) Plans and Easement Vacation
REVIEWED BY: Ken Roberts, Planning Director
Jack Griffin, City Engineer
BACKGROUND:
The Planning Commission is being asked to consider a request by H.C. Golf Land, LLC
for approval of the Final Plat and final PUD plans for the Royal Golf Club at Lake Elmo
3rd Addition. Per Zoning Code Section 154.808, Procedures for Processing a Planned Unit
Development, the Planning Commission is required at this time to review and comment on
whether the plans and supporting data are adequate for review and final approval. The
Planning Commission is asked to hold a public hearing, report its findings, and make
recommendations to the City Council. The Final Plat for the 3rd Addition includes 67
residential lots for development of 33 single-family villa style townhomes and 34 traditional
single-family detached homes.
ISSUE BEFORE COMMISSION:
To determine if the proposed Royal Golf Club at Lake Elmo 3rd Addition is consistent
with the approved Preliminary Plat and that the relevant conditions to the 3rd Addition
have been completed.
REVIEW/ANALYSIS:
Applicant and Owner: H.C. Golf Land, LLC
Location: Outlot T, Royal Golf Club at Lake Elmo, PID#
25.029.21.22.0001, and Outlot J, Royal Golf Club at Lake
Elmo, PID #25.029.21.31.0041.
Request: Application for Final Plat and PUD Plans to approve 67
residential lots and easement vacation
Existing Land Use: Vacant Outlot; Current Zoning: GCC – Golf Course
Community
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Surrounding Land Use: North – Rural Single Family (RS) and Rural Residential (RR),
South – The Homestead (OP – Open Space), East – Golf
Course (GCC – Golf Course Community),
Comprehensive Plan: GCC – Golf Course Community
History: Preliminary Plat and PUD Plans approval was granted on June
6, 2017 by Resolution 2017-047. Final Plat and PUD Plans
for 1st Addition was granted on September 5, 2017 by
Resolution 2017-093. Final Plat and PUD Plans for 2nd
Addition was granted on July 3, 2018 by Resolution 2018-
070.
Deadline for Action: Application Complete – 10/16/18
60 Day Deadline – 12/14/18
Extension Letter Mailed – No
120 Day Deadline – NA
Applicable Regulations: Chapter 153 – Subdivision Regulations
Article 10 – Urban Residential Districts (GCC)
§150.270 Storm Water, Erosion, and Sediment Control
FINAL PLAT AND PUD PLANS
Consistency with Preliminary Plat. The proposed lot sizes, widths, and proposed
impervious surface are generally consistent with that of preliminary plat. The only
change is the modification of Kings Lane which was shown as a loop road in the
Preliminary Plat, and is now proposed as two cul-de-sacs in the Final Plat. As a result of
the conversion to two cul-de-sacs, forty original villa lots fronting Kings Lane have been
reduced to 33 villa lots. General circulation is maintained in the broader development
with through-traffic along Palmer Drive.
Previous Preliminary Plat Updated Final Plat
Villa
Lots Villa
Lots
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PUD Flexibility. The development was afforded the following flexibility through
preliminary approval:
a. Setbacks:
Royal Golf Club at Lake Elmo Setbacks
100 Ft. Wide Lots 80-90 Ft. Wide
Lots
55-65 Ft. Wide Lots
Front 30 ft.
30 ft. 20 ft. for side loaded
garages, or 25’
Side 10 ft.
10 ft. 10ft. house/5ft.
garage or 7.5 ft./7.5
ft.
Corner
Side
15 ft. 15 ft. 15 ft.
Rear 30 ft. 30 ft. 20 ft.
b. Maximum Impervious Coverage: The maximum impervious coverage for
55-65’ wide lots shall be 50%. All other lots shall have a maximum
impervious coverage of 40%.
c. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the
development shall be 6,600 sq. ft.
d. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in
area at the ground floor level except by conditional use permit. The width
of the visible garage door area when closed shall not exceed 60% of the
principal building façade (including garage) fronting on the primary street.
e. Subdivision Identification Signs: the Royal Golf Club at Lake Elmo
residential subdivision shall be allowed up to a maximum of 4 subdivision
identification signs, including the identification sign for the golf course
entrance, not to exceed 24 sq. feet in sign area each, located no closer than
10 feet to any public right-of-way. In addition, neighborhood
identification markers (pillars) shall be permitted to be no larger than 2 ft.
x 2 ft. to identify the development logo and the name of the neighborhood.
Additional subdivision signs should be considered for a subdivision of this
size.
f. All other requirements for the City’s GCC – Golf Course Community
zoning district will apply, including the allowed uses and other site and
development standards.
g. That the proposed street names within the development are generally
consistent with the City’s Street Naming Policy except for Annika Drive.
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Lot Sizes and Widths. The smallest lot size of this addition is 7,621 square feet, with the
largest lot size at 25,251 square feet. The smallest lot width is 57.1 feet and the largest lot
width is 131.1 feet.
Density. The total area of the 3rd Addition is 103.70 acres. This total includes 20.56 acres
of single-family residential lots, 6.62 acres of residential right-of-way, 4.75 acres of
wetland, and 76.53 acres of outlots. Residential Density is therefore calculated as 103.70
– 4.75 Wetland = 98.95 / 67 units = 1.48 units per acre for the 3rd Addition.
Outlots. An explanation of ownership and purpose of the outlots is below.
Outlot A will be owned by the HOA to be used for drainage and utility easement,
landscaping, and open space purposes, and future residential development.
Outlot B will be owned by the HOA. A drainage and utility easement will be over
all of Outlot B.
Outlot C will be owned by the HOA to be used for drainage and utility easement,
landscaping, and open space purposes.
Parkland Dedication. As approved with the Preliminary Plat, the developer is required to
dedicate 8.8 acres of land or pay a cash contribution of $611,457.00 for the entire
preliminary plat area (291 lots) and dedicate a total of 8,085 lineal feet of trails with a 30-
foot wide corridor, less a 5,010 foot buffer encroachment. For this phase, the developer
will be required to pay a cash contribution of $140,834.00, calculated as follows: 67 lots
at $2,101.00 per lot.
A 30-foot-wide trail corridor was required to be dedicated to the City centered on public
trails in the development and the value of the dedicated land was to be credited toward
any fees in lieu of parkland dedication. The 3rd Addition does not include the trail corridor
location, and therefore no reduction or credit is provided within this phase.
Construction of a play structure near the HOA fitness center was a condition of the 2nd
Addition Final Plat, which was originally required to be completed prior to the 3rd
Addition Final Plat. The developer asked the City in July 2018 to change this condition of
approval to delay the installation of the required play structure until the construction of
the 3rd Addition as it was not practical and potentially unsafe to install it during the
construction of the 2nd Addition. The city approved a revised condition that the developer
install the play structure in Outlot D of the 2nd Addition before the city releases building
permits for the 3rd Addition.
Landscaping. The developer has provided landscaping plans for the 3rd Addition, which
are attached hereto. The City’s Landscape Architect has reviewed the landscape plans and
has recommended approval with the condition of adjusting the location of trees noted on
sheet L4 that will overlap proposed buildings and drive locations when mature.
It should be noted that the City approved an amendment to the Royal Golf Development
Agreement which allowed the total number of trees in the development to be reduced
from 3,800 warrantied trees to 2,912 warrantied trees, provided that the developer plant a
minimum of two trees per villa lot and four trees per single-family traditional home lots.
Further, the developer would reduce the number of trees required to be planted within the
entire subdivision from 2,912 to 1,943 provided that the developer pay a park dedication
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fee of $500.00 per 2.5-caliper-inch tree in lieu of planting the difference of 969 trees.
With this provision, the developer will be required to pay the City a cash contribution of
$111,552 which is that proportion of trees associated within the 3rd Addition Final Plat.
The calculation to determine the associated 3rd Addition Final Plat fee is as follows:
[($500 X 969 2.5-caliper inch trees reduced within the entire preliminary plat area) / 291
Single Family Lots within all phases of the Subdivision X 67 Lots within the 3rd Addition]
Street Design. As shown on the 3rd Addition Final Plat the Applicant has proposed to
reconfigure the ‘loop’ road and instead develop two cul-de-sacs to serve the lots within
the 3rd Addition. Both cul-de-sacs as shown meet the City’ ordinance requirements for
cul-de-sac length, required right-of-way and cul-de-sac terminus. This change is generally
consistent with the lot types shown on the Preliminary Plat and the cul-de-sacs do not
change the character of the Plat.
Street Naming. The City amended its Street Naming Policy at the April 17, 2018,
removing the provision that if appropriate, names with the same theme (i.e. flowers,
nature) are permitted for naming streets in an entire subdivision. While the proposed street
names of Royal Golf Club at Lake Elmo do not fit the City’s now amended street naming
policy, they are consistent with 1st Addition in that they are “golf-themed.” While the
names have already been approved through the Preliminary Plat process, it was a
condition of approval that the Final Plat include street names as approved by Council.
Engineering Comments. The City Engineer review memo dated November 19, 2018 is
attached to this report for your review and consideration.
Fire Chief and Building Official Comments. The application has been reviewed by the
Fire Chief and Building Official, and they have provided no additional comments.
Preliminary Plat Conditions. The following explains how Preliminary Plat conditions
have been met (Staff comments italicized and bold).
1. That cross-access easements be recorded between the owner of the golf
course/golf club and the HOA to permit HOA and resident access to the future
fitness center, clubhouse and other amenities by the HOA residents over the
clubhouse entrance drive and parking lot and trails. Comment: This easement has
been granted.
2. Any expansion to the Royal Golf Club clubhouse or intensification of its use shall
require a conditional use permit. Comment: The lot on which the clubhouse is
situated was platted with 1st Addition, and this condition does not apply to 3rd
Addition.
3. That there shall be no encroachments to drainage and utility easements on
residential lots other than those reviewed and approved by the City Engineer and
upon execution of an easement encroachment agreement. Comment: No
encroachments are proposed or shown on the Final Plat. Staff has included this
as a recommended condition of approval.
4. That the developer prepares an exhibit that clearly identifies the proposed
setbacks for specific lots within the development. Comment: The developer has
provided an exhibit which outlines setbacks within the development. The
developer has been granted PUD flexibility which allows a 30 ft. setback on the
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100 and 80-90 ft. lots and a 20 ft. setback on the 55-65 ft. lots; 10 ft. side yard
setback on the 100 and 80-90 ft. lots and a 7.5 ft./7.5 ft. setback on the 55-65 ft.
lots; a corner yard setback of 15 ft. on all lots; and a 30 ft. setback on the 100
and 80-90 ft. lots and a 20 ft. setback on the 55-65 ft. lots. This condition has
been met.
5. Prior to the execution of a Final Plat for any phase of the development by City
officials, the Developer shall enter into a Developer’s Agreement for that phase
acceptable to the City Attorney and approved by the City Council that delineates
who is responsible for the design, construction, and payment of the required
improvements with financial guarantees therefore. A development agreement will
be prepared by Staff and approved by both the developer and City Council.
6. Each phase of the Royal Golf Club at Lake Elmo shall be incorporated into the
Common Interest Agreement concerning management of the common areas and
establish a homeowner’s association which shall be submitted in final form to
the Planning Director before any building permit may be issued for any
structure in any phase of the development. Said agreement shall comply with
Minnesota Statues 515B-103, and specifically the provisions concerning the
transfer of control to the future property owners. The HOA documents shall
include required maintenance of wetland buffers. The Common Interest
Agreement will need to be updated to include Royal Golf Club at Lake Elmo
3rd Addition and approved by the City Attorney prior to recording of the Final
Plat.
7. That the HOA documents include architectural requirements that require 4-
sided architecture and garages facing the public right-of-ways to have
windows and/or other architectural features. Consistent with the 1st Addition
and 2nd Addition, the 3rd Addition of Royal Golf Club at Lake Elmo shall be
added into the HOA documents that establish the architectural standards
consistent with this condition. The Applicant shall furnish this language to
the City Staff for review prior to any building permit being issued for the 3rd
Addition.
8. The applicant shall enter into a landscape license and maintenance agreement with
the City that clarifies the individuals or entities responsible for any landscaping
installed in areas outside of land dedicated as public park and open space for each
platted phase of the development. This has been added as a recommended
condition of approval of the 3rd Addition Final Plat.
9. That the HOA be responsible for the maintenance of all landscape walls that cross
residential property lines or publicly owned Outlots or rights-of-way and that the
walls be contained within a landscape easement. As shown on the Landscape
Plans, there are no retaining walls proposed as part of the 3rd Addition.
10. The developer shall provide for an HOA owned and maintained children’s play
structure or other similar improvement near the HOA fitness center as discussed
by the developer during the PUD concept review. The 2nd Addition Final Plat
required that the play structure near the HOA fitness center be installed prior to
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the application for the 3rd Addition Final Plat. As noted above, the developer as
not yet installed the required play structure and so staff is recommending the
City require the developer install the play structure in Outlot D of the 2nd
Addition before the release of building permits in the 3rd Addition. This is
consistent with the revised condition of approval approved by the city earlier
this year.
11. That a fee in lieu of park land dedication be paid to the City based upon an
appraisal by an appraiser to be chosen by the City and paid for by the developer.
Also, that a 30 ft. wide trail corridor be dedicated to the City centered on public
trails in the development and that the value of the dedicated land be credited
toward any fees in lieu of parkland dedication. The park land dedication shall not
include wetlands, wetland buffer area, and no credit will be given for land beyond
the 30 ft. centered on public trails. And lastly, that the cost of constructing any
public trails within the dedicated park land be credited towards any fees in lieu of
park dedication. The portion of park land dedication fee due for the 3rd
Additional Final Plat has been calculated and added as a proposed condition of
approval. As stated in previous sections of this report, there is no portion of the
30-foot wide trail corridor in this phase and therefore no credit to the fee is due.
12. That a trail phasing plan be submitted by the developer to be approved by City
Staff and that the public trails be constructed within each phase prior to building
permits being issued for that phase of development. This condition has not yet
been met as the developer has not paved the required trail. City staff agreed to
allow the developer to pave the trail in spring to help ensure a better finish
rather than having the developer install the trail this fall as it was cold and wet
– making a proper installation of the pavement difficult.
13. That a 10’ wide trail segment be provided from Palmer Drive (on preliminary
plans) to the east edge of the plat within the County Right-of-Way. This condition
has been met.
14. That the Tree Preservation Plans and Preliminary Landscape Plans be updated to
comply with the City’s tree preservation requirements and the City’s landscape
requirements for review and approval by the City prior to recording the Final Plat.
The developer has submitted updated Tree Preservation and Preliminary
Landscape Plans approved by the City. Additional comments from the City’s
Landscape Architect specific to the 3rd Addition are attached to this report.
15. The developer consider woodland management and pollinator friendly native
seeding in lieu of some required tree preservation replacement tree requirements
as recommended by the City’s Landscape Architect. The developer requested and
the City approved a Development Agreement amendment which no longer
requires that trees planted within single family lots be warrantied. This reduced
the number of trees required within the development from 3,800 to 2,900. The
developer also submitted, and the City approved a preliminary landscape plan
which further reduces the number of trees within the development from 2,900 to
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1,943. The developer will be required to pay a park land dedication fee of $500
per 2.5 caliper inch tree not planted within each addition, totaling $478,500 for
the entire development. The portion of park land dedication fee associated with
the 3rd Addition is calculated and included as a condition of the 3rd Addition
Final Plat.
16. All changes and modifications to the plans requested by the City Engineer in the
Engineer’s report dated, March 8, 2017 and June 1, 2017 shall be incorporated
into the preliminary plat and PUD plans. The developer has submitted updated
preliminary plat and PUD plans that have been approved by the City.
17. The Preliminary Plat approval is conditioned upon the applicant meeting all City
standards and design requirements unless specifically addressed otherwise in this
resolution. It is a recommended condition of Final Plat approval that the
developer meet all City standards and design requirements.
18. The developer shall comply with all comments identified within the Washington
County letter dated March 6, 2017, including providing an additional 17 feet of
right-of-way along 10th Street N. and constructing turn lane improvements
meeting Washington County standards at the developer’s sole expense. It is a
recommended condition of Final Plat approval that the developer comply with
these comments. This condition does not apply to the 3rd Addition.
19. That the preliminary PUD Plans be approved by Valley Branch Watershed
District and that evidence be provided that all conditions attached to a Valley
Branch Watershed District permit be provided prior to the commencement of any
grading activity on the site. The preliminary PUD Plans were approved by the
Valley Branch Watershed District, and grading activity on the site has already
commenced.
20. That open space within the shorelands of the residential development be protected
with a conservation easement and that conservation easements be provided for
review by the City Attorney and to be executed prior to Final Plat approval. It is a
recommended condition of Final Plat approval that the developer provide these
easements on Outlots H, F, E, B, D, C, A, L are all within the shoreland. None
of the identified outlots from the Preliminary Plat are located within the 3rd
Addition Final Plat; therefore this condition does not apply to the 3rd Addition
Final Plat approval.
21. That golf carts shall be prohibited on city streets and city trails unless specifically
allowed by City Ordinance. The City approved an ordinance which allows golf
carts on local streets through the adoption of Ordinance 08-209 on May 15,
2018.
22. Prior to the issuance of building permits all wetland buffers shall be delineated
and identified via staking or signage that is acceptable to the City. This is a
recommended condition of Final Plat approval.
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23. The applicant must provide the city a letter of approval to perform the proposed
work in the gas pipeline easement within the development area as a condition of
preliminary plat approval. This condition is not applicable to 3rd Addition.
24. Prior to the construction of any subdivision identification signs or neighborhood
markers within the development, the developer shall submit sign plans for review
and obtain a sign permit from the Planning Department. This is a recommended
condition of Final Plat approval.
25. That the preliminary plat be updated to include street names that are consistent
with the City’s street naming ordinance and approved by the City Council. This
condition is met; see approved street naming conventions above.
26. The developer shall follow all of the rules and regulations spelled out in the
Wetland Conservation Act and shall acquire the needed permits from the
appropriate watershed districts prior to the commencement of any grading or
development activity on the site. This is a recommended condition of Final Plat
approval.
27. The developer shall enter into a separate grading agreement with the City prior to
the commencement of any grading activity in advance of Final Plat and PUD plan
approval. The City Engineer shall review any grading plan that is submitted in
advance of a Final Plat and said plan shall document extent of any proposed
grading on the site. This condition has been met.
28. The developer shall submit a revised preliminary plat and plans meeting all
conditions of approval. All of the above conditions shall be met prior to the City
accepting an application for Final Plat. This condition has been met.
29. That approval of the preliminary plat be contingent on Street D access to 10th
Street. This condition has been met and does not apply to the 3rd Addition.
30. That the Royal Golf Club development will not have street lights except at street
intersections and cul-de-sacs. This is a recommended condition of Final Plat
approval.
31. That the developer work with the adjacent property owners to get an agreement in
place for screening and that it be incorporated into the final landscape plans. The
developer has had landscape plans approved by the Homestead neighborhood,
and the submitted landscape plans for Final Plat are consistent with this
approved landscape plan.
32. That the developer address the Public Works Director’s concerns as they pertain
to the lift station designs as identified in a Public Works memorandum dated
5/19/2017. This condition has been met.
33. That a $1,000,000 donation to the Parks fund will be made with the phase of
development when the former Tartan Park ballfields are no longer able to be used
by the City. Development of the 3rd Addition affects the ballfields at former
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Tartan Park, therefore this requirement is added as a condition of Final Plat
approval for the 3rd Addition. The developer will be required to make this
donation to the City at the time the ballfields become unusable by the City (this
includes storage of construction material, etc.) and before the City releases the
final plat for recording.
Recommended Findings. Staff recommends the following findings:
1. That all the requirements of City Code Sections 153.07 and 154.759 related to Final
Plat and Final PUD Plans have been met by the Applicant.
2. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are
generally consistent with Preliminary Plat and PUD Plans approved by the City of
Lake Elmo on June 6, 2017.
3. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are
consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for
this area.
4. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
generally comply with the City’s GCC - Golf Course Community zoning districts as
modified by the PUD regulations.
5. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat PUD Plans comply
with the City’s subdivision ordinance.
6. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
comply with the City’s Planned Unit Development Regulations.
7. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
comply with the City’s Engineering Standards, except where noted in the review
memorandum from the City Engineer dated November 19, 2018 and modified by
PUD regulations.
8. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
generally comply with other City zoning ordinances, shoreland, and erosion and
sediment control, except as noted in this staff report and review memorandum from
the City Engineer dated November 19, 2018.
9. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
generally comply with the City’s landscaping and tree preservation ordinances,
providing some flexibility to the Applicant to allow for woodland management and
pollinator friendly native seeding in lieu of some required tree replacement in order to
avoid possible detriment caused by over planting.
10. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans
achieve multiple identified objectives for planned developments within Lake Elmo.
11. That the proposed Final Plat and PUD Plans are for the 3rd Addition of 67 single
family residential units of a 291-unit total residential golf course community Planned
Unit Development on 103.7 acres of land (of 231 acres total) located on the former
3M Tartan Park properties.
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12. That the Final Plat and PUD Plans will be located on property legally described on
the attached Exhibit “A”.
13. That there has been significant public testimony that 20th Street is already dangerous
without the additional traffic and that the City and developer need to explore ways to
make the road safer.
14. That the proposed PUD will allow a more flexible, creative, and efficient
approach to the use of the land, and will specifically relate to existing zoning
district standards in the following manner (with exceptions as noted):
a. Setbacks:
i. Royal Golf Club at Lake Elmo Setbacks
15. 16. 100 Ft.
Wide
Lots
17. 80-90 Ft.
Wide
Lots
18. 55-65 Ft.
Wide Lots
19. Front 20. 30 ft.
21. 30 ft. 22. 20 ft. for
side
loaded
garages,
or 25’
23. Side 24. 10 ft.
25. 10 ft. 26. 10ft.
house/5ft.
garage or
7.5 ft./7.5
ft.
27. Corner
Side
28. 15 ft. 29. 15 ft. 30. 15 ft.
31. Rear 32. 30 ft. 33. 30 ft. 34. 20 ft.
a. Maximum Impervious Coverage: The maximum impervious coverage for 55 -
65’ wide lots shall be 50%. All other lots shall have a maximum impervious
coverage of 40%.
b. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the
development shall be 6,600 sq. ft.
c. Attached Garages: That attached garages shall not exceed 1,3 00 sq. ft. in area
at the ground floor level except by conditional use permit. The width of the
visible garage door area when closed shall not exceed 60% of the principal
building façade (including garage) fronting on the primary street.
d. Subdivision Identification Signs: The Royal Golf Club at Lake Elmo
residential subdivision shall be allowed up to a maximum of 4 subdivision
identification signs, including the identification sign for the golf course
entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10
feet to any public right-of-way. In addition, neighborhood identification
markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify
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the development logo and the name of the neighborhood. Additional
subdivision signs should be considered for a subdivision of this size.
i. Staff Note: If the developer requests a change to this, a variance
should be requested.
e. All other requirements for the City’s GCC – Golf Course Community zoning
district will apply, including the allowed uses and other site and development
standards.
f. That the proposed street names within the development are generally
consistent with the City’s Street Naming Policy as amended April 17, 2018.
g. The developer has not yet constructed an HOA-owned and maintained play
structure as required by the original condition of approval of the 2nd Addition
Final Plat.
Recommended Conditions of Approval. Staff recommends the following conditions of
approval:
1. That there shall be no encroachments to drainage and utility easements on residential
lots other than those reviewed and approved by the City Engineer and upon execution
of an easement encroachment agreement.
2. Prior to the execution of Final Plat, the Developer shall enter into a Developer’s
Agreement acceptable to the City Attorney and approved by the City Council that
delineates who is responsible for the design, construction, and payment of the
required improvements with financial guarantees therefore.
3. The Royal Golf Club at Lake Elmo 3rd Addition shall be incorporated into the
Common Interest Agreement concerning management of the common areas and
establish a homeowner’s association (HOA) which shall be submitted in final form to
the Planning Director before any building permit may be issued for any struc ture in
any phase of the development. Said agreement shall comply with Minnesota Statues
515B-103 and specifically the provisions concerning the transfer of control to the
future property owners. The HOA documents shall include required maintenance of
wetland buffers.
4. That the HOA documents include architectural requirements that require four-sided
architecture and garages facing the public rights-of-way to have windows and/or
other architectural features.
5. The applicant shall enter into a landscape license and maintenance agreement with
the City that clarifies the individuals or entities responsible for landscaping.
6. The developer shall provide evidence of an HOA owned and maintained children’s
play structure or other similar improvement has been constructed within Outlot D of
the 2nd Addition before the release of building permits for the 3rd Addition.
7. That a fee in lieu of park land dedication be paid to the City based upon an appraisal
by an appraiser to be chosen by the City and paid for by the developer.
8. That the developer pay a parkland dedication fee equal to $500 per 2.5 caliper inch
required in lieu of some required tree preservation replacement tree requirements,
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totaling $111,552.00 in lieu of planting the required number of trees required. This
fee was calculated as follows: $500.00 multiplied by 969 2.5-caliper inch tree not
planted within the entire subdivision, divided by 291 single family lots within the
entire subdivision, multiplied by 67 single family lots within the 3rd Addition.
9. All changes and modifications to the plans requested by the City Engineer in the
Engineer’s review memo dated November 19, 2018 shall be incorporated into the
Final Plat and PUD Plans. The Applicant should note the requirements for VBWD
permits for temporary storm water management.
10. The Final Plat and PUD Plans approval is conditioned upon the applicant meeting all
City standards and design requirements unless specifically addressed otherwise in
this resolution.
11. Prior to the City issuing building permits, all wetland buffers shall be delineated and
identified via staking or signage that is acceptable to the City.
12. Prior to the construction of any subdivision identification signs or neighborhood
markers within the development, the developer shall submit sign plans for review and
obtain a sign permit from the Planning Department. Any amendments to the finding
regarding signs indicated in this Resolution shall be subject to a PUD amendment or
variance.
13. That the Final Plat include street names as approved by Council.
14. The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act and shall acquire the needed permits from the appropriate
watershed districts prior to the commencement of any grading or development
activity on the site.
15. That the Royal Golf Club development will not have street lights except at street
intersections and cul-de-sacs.
16. That the developer make a $1,000,000 donation to the City Parks fund when
construction of the 3rd Addition prohibits use of the former Tartan Park ballfields,
including construction materials storage and before the city releases the 3rd Addition
final plat for recording.
17. The location and spacing of the trees that overlap the buildings and on edge of
driveway when shown at mature diameter is adjusted and resubmitted on a revised
landscape plan, per the Landscape Review memo, dated November 8, 2018.
18. The developer shall pave the unfinished trail in the 2nd Addition as soon as favorable
conditions are available in the spring of 2019. The City may choose to not release
building permits for the 3rd Addition in the spring of 2019 if the developer has not
completed the required trail paving in a timely manner.
EASEMENT VACATION
Reason. The Applicant is requesting an easement vacation over Outlot T of Royal Golf
Club at Lake Elmo. These drainage and utility easements were dedicated to the City with
the Final Plat. This outlot will be re-platted with the 3rd Addition. In order to avoid
“stacking easements” and to keep the title clean for future owners/users of the parcels, the
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Applicant is requesting that the easements be vacated with dedication of new easements.
Outlot T will be dedicated right-of-way, residential lots, and become Outlot C for wetland
and future development of the 4th Addition.
Recommended Condition of Approval. Staff is recommending approval, subject to the
following condition of approval:
1. New easements on Outlot T as requested by the City Engineer and Public Works
Director shall be recorded with the Royal Golf Club at Lake Elmo 3rd Addition Final
Plat.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Royal Golf
Club at Lake Elmo 3rd Addition Final Plat and PUD Plans, as well as the easement
vacation request, based on the findings of fact and conditions outlined in the Staff Report.
“Move to recommend approval of the Royal Golf Club at Lake Elmo 3rd Addition
Final Plat and PUD Plans based on the findings of fact and conditions outlined in the
Staff Report.”
“Move to recommend approval of the easement vacation request to vacate existing
drainage and utility easements over Outlot T, subject to conditions of approval.”
ORDER OF BUSINESS:
- Introduction ...................................................................................................... Planner
- Report by Staff ................................................................................................. 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
ATTACHMENTS:
1. Final Plat Application and Narrative – October 15, 2018
2. 3rd Addition Final Plat
3. City Engineer’s Review Memo – November 19, 2018
4. 3rd Addition Landscaping Plans
5. Landscape Architect’s Review – November 8, 2018
6. Easement Vacation Application – October 16, 2018
STAFF REPORT
DATE: 11/26/18
REGULAR 5A
AGENDA ITEM:
TO: Planning Commission
FROM: Jennifer Haskamp, Consulting City Planner
ITEM: Wyndham Village Final Plat
REVIEWED BY: Ken Roberts, Planning Director
Jack Griffin, P.E., City Engineer
BACKGROUND
The Applicant, JP Bush Homes, is requesting Final Plat approval of the major subdivision called
Wyndham Village. The Wyndham Village Preliminary Plat was approved on July 3, 2018 with
conditions. The proposed subdivision creates 10 single-family residential lots that will be accessed
from a single cul-de-sac. There is an existing home on the subject site that will be moved and
relocated onto Lot 7 as described and approved during the Preliminary Plat process. Per section
153.10 Subd. B of the Subdivision Ordinance, the Planning Commission is directed to review the
Final Plat for consistency with the Preliminary Plat and provide a recommendation to the City
Council.
ISSUE BEFORE COMMISSION:
To determine whether the proposed Wyndham Village Final Plat is substantially compliant with the
approved Preliminary Plat, and to make a corresponding recommendation to the City Council.
PROPOSAL DETAILS/ANALYSIS:
General Information.
Applicant: JP Bush Homes, 1980 Quasar Ave S, Lakeland, MN 55043
Property Owners: James McLeod, 11580 30th St N, Lake Elmo, MN 55042
Location: Part of the southwest quarter of the southeast quarter of Section 13,
Township 29 North, Range 21West
PID: 13-029-21-43-0001
Request: Application for Final Plat approval of a 10-unit single-family residential
subdivision to be named Wyndham Village.
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Surrounding: North – Northport (Urban Low Density Residential); East – Northport (Urban
Low Density Residential); West – Rural Single Family Residential; South –
the Homestead (Open Space Preservation Development)
Comprehensive Plan: Village Urban Low Density Residential (1.5-2.49 units per acre)
Zoning: V-LDR – Village Urban Low Density Residential (1.5 – 2.49 units per acre)
History: The subject property is used, and has historically been used, as a single -
family detached dwelling unit with accessory uses. A Comprehensive Plan
Amendment to re-guide the property from Rural Single Family to Village
Low Density Residential was approved by the City Council on February 7,
2018 and by Metropolitan Council on March 14, 2018. The Preliminary Plat
was approved July 3, 2018 (Resolution No. 2018-066), and an application to
rezone the property from Rural Single Family to Village Low Density
Residential was approved July 17, 2018 (Ordinance No. 08-212).
Action Deadline: Application Complete – October 15, 2018 (confirm)
60 Day Deadline – December 11, 2018
Extension Letter Mailed – N/A
120 Day Deadline – N/A
Regulations: Chapter 153 – Subdivision Regulations
(Ordinance 08-175) Article XIII: Village District (V-LDR)
§150.270 Storm Water, Erosion, and Sediment Control
Consistency with Preliminary Plat.
The City’s Subdivision Ordinance requires that a Final Plat be substantially compliant with the
approved Preliminary Plat. If it is determined that the Final Plat is inconsistent or a substantial
departure from the approved Preliminary Plat then additional review and approval may be required.
If it is determined that the Final Plat is consistent with the Preliminary Plat, and the conditions as
noted within the Preliminary Plat have been completed, then the Final Plat should be granted after
Planning Commission review and City Council approval.
Staff reviewed the Wyndham Village Final Plat application and has made the following conclusions:
The lot and block configuration of the Final Plat is consistent with the Preliminary Plat; and
The density of the subdivision is consistent with the City’s Comprehensive Plan and guided
land use of Village Low Density Residential; and
The Final Plat and supplemental materials comply with the V-LDR zoning district approved
on July 17, 2018; and
The Final Plat lot configuration including dedicated easements is consistent with the City’s
Subdivision ordinance, except as conditioned and noted within the City Engineer’s
Engineering Review Memo and Construction Plan Review memos which are attached.
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Preliminary Plat Conditions for Final Plat Approval.
Approval of the Preliminary Plat included conditions required to be addressed by the Applicant prior
to approval of the Final Plat. These include the following:
1) Homes within lots in which the Northern Natural Gas Company Easement (Document
384029) (“Northern Easement”) is located shall maintain a 20-foot principal building rear
yard setback from the Northern Easement.
The Final Plat identifies the required Northern Easement area along the rear (west) yards of
Lots 6, 8, 9 and 10 and along the front (east) yard of Lot 7. Building setback dimensions are
not shown on a Final Plat. Staff would recommend carrying the principal building setback
requirement forward to the Development Agreement to ensure the appropriate setbacks from
the easement area are applied at time of building permit review.
2) All required modifications to the plans as requested by the City Engineer in a review letter
dated May 30, 2018 shall be incorporated into the plans, and plans shall be approved prior to
consideration of a Final Plat.
The City Engineer reviewed and accepted an updated set of preliminary plans in response to
the Engineer’s memo dated May 30, 2018. Though preliminary plans have been accepted,
there remain several outstanding issues with the Construction Plans as noted in the City
Engineer’s memo. Staff recommends that the City Engineer’s Construction Plans memo be
included as a condition of Final Plat approval.
3) Preliminary plat and plans should be revised to dedicate additional right -of-way along 30th
Street and/or to expand the storm water to the 100-year High Water Level (HWL) flood area.
Right-of-way along 30th Street maintains a consistent distance of 16 feet between the paved
roadway and right-of-way line, which is consistent with changes required by the City
Engineer during Preliminary Plat approval. Outlot A contains storm water storage and
infiltration basins and have been designed to a HWL of 917, which also meets requirements.
4) Written easement owner permission must be obtained, and copies provided to the City, for
work to be completed within the Northern [Natural Gas] Easement. The City must receive
copies of the written permission prior to approval of the Final Plat.
No written documentation or information was submitted for review during this Final Plat
process regarding the Northern Easement. This should be restated as a condition of Final
Plat approval and no site work, or any other construction activity shall be permitted until this
condition has been met.
5) Written landowner permission must be submitted as part of the Final Plat development
applications for any off-site grading work and storm water discharges to adjacent properties.
Off-site grading work is not anticipated with the development of this project. The City
Engineer has addressed this condition in their review memo attached. If this changes then the
4
appropriate permissions must be acquired and furnished to the City prior to completing any
associated work.
6) The developer shall pay a cash contribution in lieu of land for park dedication equal to
10% of the fair market value of the entire parcel.
As a condition of Final Plat approval, the developer will appraise the land value and pay a
cash contribution to the City in lieu of park dedication prior to any building permits issued.
As stated in the Preliminary Plat process and per the City’s ordinance, the Applicant shall
furnish an appraisal from a licensed real estate appraiser indicating the fair market value
from which the final Park Dedication fee can be calculated. The determined fee shall be
included within the Development Agreement as well as a schedule for payment.
7) The developer shall obtain all required permits from Northern Natural Gas to perform
construction work over the gas line that runs from north to south across this site.
As stated in condition #2, the Applicant shall obtain approval from Northern Natural Gas to
perform any work within, or over, the gas line easement. Any required permits shall be
obtained, and copies furnished to the City prior to the start of any site work.
8) The preliminary landscape plan shall be approved by the City prior to recording of the Final
Plat.
The City’s Landscape Architect has reviewed the submitted plans and determined that they
have not been updated for consistency with the Final Plat. His review and recommended
conditions are included in the City Engineer’s Construction Plan Review memo on page 2.
Staff recommends that this condition be carried forward and that the landscape plan must be
updated to the satisfaction of the City’s Landscape Architect prior to recording the Final
Plat.
9) The lot width of Lot 1 shall be increased to 70 feet, and all other lot dimension and bulk
requirements of the Village Urban Low Density zoning district must be met.
Lot 1 has been revised to include 70.49 feet lot width. As depicted on the Final Plat, the
remaining lots comply with all other lot dimension standards. Since the Final Plat does not
include building footprints, setback or other bulk standards, staff would recommend that this
portion of the condition be incorporated into the Development Agreement to ensure all future
development complies with the V-LDR bulk standards.
10) The applicant shall provide a disclosure statement to all first homeowners in the developmen t
advising of the airport and associated over-flights as well as its proximity to the railroad and
associated noise and vibration.
This condition will be incorporated into the Development Agreement.
11) All builders shall be encouraged to incorporate interior noise reduction measures into single
family residential structures within the subdivision based on the Metropolitan Council’s
Builder Guide.
5
This condition will be incorporated into the Development Agreement.
12) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
The City Engineer has reviewed the Final Plat and provided his comments in the attached
memo. While most easement areas comply with the City Engineering Design Standards
Manual there are a few outstanding issues as noted. The Applicant should note that any
changes to the site plan or plat as a result of the VBWD, State and City process may be
subject to additional City review if alterations to the Final Plat are needed. The City
Engineer also identifies that additional easements are required to match the drainage swales
identified on Lots 8,9,10 and 15 as noted in the staff memo. As stated previously, staff
recommends that both of the City Engineer’s memos be incorporated as a condition of Final
Plat approval.
13) Prior to recording the Final Plat, the Developer shall enter into a Developers Agreement
acceptable to the City Attorney that delineates who is responsible for the design,
construction, and payment of public improvements.
Staff is preparing a draft Development Agreement that will incorporate the conditions as
noted within this staff report. The Development Agreement will be presented to the City
Council for their review and consideration concurrent to the Final Plat review process.
14) The Applicant shall provide a detailed site plan for Lot 7 showing the proposed house
location and screening/buffering to be approved by Council and protected by a landscape
easement.
The City received a detailed site plan of Lot 7 on Oct 7, 2018 that is consistent with the
Preliminary Plat with the exception of the attached garage (accessory building) to the
principal structure. The condition also states that Lot 7 must include a dedicated landscape
easement to buffer adjacent property. The Final Plat does not indicate a landscape easement
on Lot 7. The Lot 7 Detail-Preliminary Plat illustrates the location of buildings that meet
required setbacks and drive access, but it is not consistent with the Tree Preservation Plan
(Landscape Plan) also submitted.
Clarification of the extent of paved area (impervious), screening and buffering plan
acceptable to the City’s Landscape Architect and an updated Final Plat showing the
dedicated landscape easement on Lot 7 is required as a condition of Final Plat approval.
Engineer’s Comments.
The Applicant’s preliminary plans were required to be updated to reflect the comments made in the
City Engineer’s memo dated May 30, 2018. All required modifications to the preliminary plans as
requested by the City Engineer were incorporated into the plans. Since the preliminary plan set
was reviewed, the Applicant has prepared the Final Plat, Construction Plans, Geotechnical
Report and Stormwater Management Plan that were the subject of this review by the City’s
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Engineer. The attached memos from the City Engineer are provided for your review and
consideration. Staff recommends that the Final Plat Engineering Review Comments and the
Construction Plan Review memos be incorporated herein, and that their contents be included as
conditions of Final Plat approval.
Recommended Findings. Staff recommends the following draft findings regarding the proposed
Final Plat:
1) That the Wyndham Village Final Plat is consistent with the approved Preliminary Plat;
the Lake Elmo Comprehensive Plan and its Future Land Use Map; and the amended
zoning for this property.
2) That the Wyndham Village Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion
control and other ordinances, and is consistent with the City’s engineering design
standards with the corrections as noted by the City Engineering Review Comments and
Construction Plan Review Memos dated November 5, 2018.
3) That the Wyndham Village Final Plat complies with the City’s subdivision ordinance.
Recommended Conditions of Approval. Staff recommends the following conditions of approval:
1. All required modifications to the construction plans as requested by the City Engineer in
a review letter dated November 5, 2018 shall be incorporated into the plans, and the plans
shall be approved prior to recording the Final Plat.
2. Written easement owner permission must be obtained, and copies provided to the City, for
work to be completed within the Northern Natural Gas Easement. The City must receive
copies of the written permission prior to the City issuing any demolition and building
permits.
3. If applicable, written landowner permission must be submitted for any off-site grading work
and storm water discharges to adjacent properties.
4. The developer shall have the full property appraised and pay a cash contribution in lieu of
land for park dedication equal to 10% of the fair market value of the entire parcel prior to
relocation of the existing home, accessory buildings or before the city issues any building
permits.
5. The developer shall obtain all required permits from Northern Natural Gas to perform
construction work over the gas line that runs from north to south across this site prior to the
City issuing any demolition and building permits.
6. The landscape plan shall be amended to include landscape easement on Lot 7 and shall be
approved by the City prior to recording of the Final Plat.
7. The Development Agreement shall include language regarding a required principal structure
setback of 20-feet from the Northern Easement area on Lots 8, 9, and 10 denoted on the Final
Plat.
8. The Development Agreement shall include language that requires t he Applicant to provide a
disclosure statement to all first homeowners in the development advising of the airport and
associated over-flights as well as its proximity to the railroad and associated noise and
vibration.
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9. The Development Agreement shall include language tha t encourages all builders to
incorporate interior noise reduction measures into single family residential structures within
the subdivision based on the Metropolitan Council’s Builder Guide.
10. All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the Final Plat by City Officials.
11. Prior to recording the Final Plat, the Developer shall enter into a Development Agreement
acceptable to the City Attorney that delineates who is re sponsible for the design,
construction, and payment of public improvements.
12. The Applicant shall amend the Lot 7 Detail to show screening/buffering consistent with the
City’s ordinances, which shall be reviewed approved by the City’s Landscape Architect prior
to any site work being completed.
FISCAL IMPACT:
There would be no fiscal impact to the City at this time, as the developer would be required to pay
for any amendments needed to accommodate the increase in REC units. When the property
develops, it will have urban services and will pay sewer and water connection charges, building
permit fees and any other fees as required per the City’s ordinances.
OPTIONS:
Recommend to the City Council approval of the proposed Final Plat with the recommended
findings and conditions of approval.
Amend Staff-recommended findings and conditions of approval and recommend to Council
approval the proposed Final Plat with conditions of approval.
Do not recommend approval of the proposed Final Plat, directing Staff to draft findings for
denial and bring back to a future meeting.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Wyndham Village
Final Plat with conditions to the City Council.
ATTACHMENTS:
1. Application and Narrative
2. Final Plat
3. Lot 7 Detail – Preliminary Plat, Wyndham Village
4. Tree Preservation Plan (Landscape) dated 8-30-2018
5. City Engineering Review Memo dated November 5, 2018
6. City Construction Plan Review Memo dated November 5, 2018