HomeMy WebLinkAbout07-08-91 PZMThe Planning Commission is an advisory body to the City
Council. One of the Commission's functions is to hold public hearings
and make recommendations to the City Council. The City Council makes
all final decisions on these matters.
Lake Elmo Ordinances require that certain documents and
information be included in applications. The Planning Commission may
postpone consideration of an application that is incomplete and may
for other reasons postpone final action on an application.
For each item, the Commission will receive reports prepared by
the City Staff, open the hearing to the public, and discuss and act on
the application. If you are aware of information that hasn't been
discussed, please fill out a "Request to Appear Before the Planning
Commission" slip; or if you came late, raise your hand to be
recognized. Comments that are pertinent are appreciated.
AGENDA
LAKE ELMO PLANNING COMMISSION
July 8, 1991
7:30 p.m. REGULAR MEETING CONVENES
1. AGENDA
2. MINUTES: June 10, 1991 & June 24, 1991
3. PUBLIC HEARING: STONEGATE
4. JOHN DAY FINAL PLAT
5. THOROUGHFARE (Continuation)
6. EVERETT BEAUBIEN
7. RECOMMENDATION ON PLANNER
8. OTHER
9. ADJOURN
Date Approved: 7-8-91
Date Issued: 7-19-91
LAKE ELMO PLANNING COMMISSION MINUTES
JUNE 24, 1991
Chairman John called the meeting to order at 7:40 p.m. in the council
chambers. Present: John, Johnston, Thomas, Bucheck, Weeks, Stevens,
McLeod, DeLapp, Schubert, Enes (arrived 8:10). Absent: Conlin.
1. AGENDA
Add - 7. Other - Goose Lake Park Land Dedication, and Airena Golf Dome
Concept Review.
M/S/P DeLapp/McLeod - to approve the Agenda as amended. (Motion
carried 9-0).
2. MINUTES: JUNE 10, 1991
M/S/P Johnston/Thomas - to table approval of the June 10, 1991 minutes
due to poor photocopies. (Motion carried 9-0).
3. FOX FIRE MANOR FINAL PLAT
Larry Liles, Scott Peterson and Greg Frank, all representing
Pacesetter Properties, presented the final plat for "Fox Fire Manor".
Mr. Frank stated they have received a certified survey showing the
tennis courts on a lot in Fox Fire Estates are not over the property
line and are not on Pacesetter property. At the direction of the City
Council Pacesetter Properties will pay a Park Dedication Fee in lieu
of land, and a letter from Frank Langer., appraiser, was submitted
indicating his opinion of the fair market value of this property. At
the direction of the City Council the west cul-de-sac and curved
street recommended by the Planning Commission were omitted. The City
Planner. and City Engineer both have submitted their reports (both
dated June 20, 1991) for this final plat. Valley Branch Watershed
District contacted our City Engineer, Tom Prew, today and stated there
may be additional drainage easements needed for this property due to
swales going thru yards where houses should not be built.
Steve Korhel, 5540 Keats Ave., stated the City Council made it a
requirement of this developer to give access to his property.
Larry Liles stated the City Council and City Engineer. stated Mr.
Korhel should gain access to the back of his property from Rolling
Hills.
M/S/P Thomas/McLeod - to recommend approval of the Final Plat for Fox
Fire Manor subject to: (1) the four conditions stated in City Planner
Black's report, dated June 20, 1991; (2) the developers of Fox Fire
Manor and Rolling Hills enter into an agreement with the City assuring
the construction of a thru road to Keats Avenue and said agreement
shall require the posting of financial security to assure completion
of the road; (3) review of the drainage easements by Valley Branch
Watershed District; (4) adding to the covenants as part of the
purchase agreement the property owner will be given a rebate when the
landscaping requirements are met; (5) adding to the covenants that
Lake Elmo Planning Commission Minutes June 24, 1991 Page 2
potential property owners be made aware of neighboring farming and
business (Lauseng Stone) noise, odor and debris; (6) minimum floor
elevations (four lots adjacent to pondinq areas) be put on the final
plat. (Motion carried 5-3, against: Bucheck - prefer to wait two
weeks to see these conditions in place, and is concerned about the
thru road to Keats Avenue; Schubert - feels the same as Bucheck;
DeLapp - landscape plan does not assure creation of a rural
environment, the street plan is not acceptable to him.)
4. THOROUGHFARE PLAN
City Planner Black presented the thoroughfare plan that, at the
direction of the City Council, he and the subcommittee have prepared
for the City. Mr. Black's report, dated June 19, 1991, explains the
purpose of the plan.
The Planning Commission gave some comments and suggestions. Mr. Black
suggested the commission members draw their comments on their maps and
send them to him so that he can revise the plan. The Commission
decided the thoroughfare plan should be implemented in the
Comprehensive Plan and a public hearing will be held. It was also
suggested that when the public hearing notice is mailed that the North
and South section of the map be enlarged showing street names for
clarification.
M/S/P Enes/Thomas - to table this item for two weeks, during which
time the Commission is to send Mike Black their additional comments,
and ultimately the commission will recommend the city council call a
public hearing to implement the thoroughfare plan in the Comprehensive
Plan. (Motion carried 9-0).
5. REVIEW OF FLOOD PLAIN ORDINANCE
The Planning Commission received a copy of the proposed flood plain
regulations for the city.
M/S/P Enes/DeLapp - to call a public hearing, at the next possible
date, for an amendment to the City's zoning regulations. (Motion
carried 9-0).
6. SET JOINT MEETING WITH CITY COUNCIL
The Planning Commission has set July 8, 1991 for the Joint meeting
with the City Council to work on their annual work plan.
7. OTHER: A. "Goose Lake" development & B. Airena golf dome
A. Chairman John stated the Parks Commission would like to make a new
recommendation on the "Goose Lake" development due to the fact that
the accepted park land dedication is more or less under water.
M/S/P Thomas/Johnston - invite the Parks Commission to call a special
Parks Commission meeting and submit to the Planning Commission a new
written recommendation for Park Dedication for the "Goose Lake"
development. (Motion carried 9-0).
Lake Elmo Planning Commission Minutes June 24, 1991 Page 3
B. Chairman John stated he visited the Airena Golf Dome in Edina and
was very disappointed at first sight, but from the road the dome was
hard to see because it was down in a hollow, so if this would be an
acceptable commercial development then we must pay attention to the
sighting. The Commission stated we do not have standards for this
type of architecture.
M/S/P Johnston/Thomas - to adjourn the meeting at 10:10 p.m. (Motion
carried 9-0).
1991 PLANNING COMMISSION WORK PLAN
1. p, Review all application in accordance to the Comprehensive Plan,
comment and make recommendations to the City Council.
2-:--Complc tr Lhe ssic o-f- tt Care x wive Flan.
3. A. Update Ordinances to relate to the Comp. Plan.
/N
PROGE:S,S 4. A. Consider local responses to State of MN proposed revisions to
Shoreland Management regulations.
5. A. Residential Estates Zoning:
a. Dei1m-l�orr atld 3 e11g
d. Landscape Design.
-6-: '12e n-ew- -af- $u-s-i 11C s b turd t ly V1P I
to1JE Z 7. '$. Building height limitation --Eliminate the exception which
allows broadcast transmission towers.
8. 5, Stronger restrictions for accessory structures in the R1 Zone --
the size and number of parcels of les than 5 acres. Definition
of garage and storage accessory structures. Size and number of
accessory structures in RR Zone on parcels of 20 acres or more.
(Check amended ordinances).
2 9. C. Conditions or possible restrictions on residential subdivisions
where large accessory structures exist.
10.e, Meet with the county and adjacent community planners to discuss
common issues on an "as -needed" basis.
'PRo
��P.EsS 11. A. Future Road Plan (ties in with road design).
12. A, Retention of wildlife habitat and wetland areas --adequacy of
wetland overlay district.
13.13,Recommend to the City Council a committee be established,
comprising of PZ members, business owners, and interested
residents (5-7 members) to studdy an Historic Building/
Architectural Design Overlay District in the Old Village Area.
1 14. C. Adopt an ordinance for utility (pipeline and power lines)
setbacks in the City's Subdivision and platting regulations.
15. C.Sign Ordinance.
16. C,Review sideyard setbacks relative to lot size.
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the-S'aai man-axd-geese y-e€-the-P4aRni ftq-Eamm4ss en.
18. Standards for holding ponds.
19. Fill Ordinance.
*A = TOP PRIORITY
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CITY OF LAKE ELMO
REQUEST TO APPEAR BEFORE THE CITY COUNCIL
OR PLANNING COMMISSION
( f you wish to address the City Council or Planning Commission, please
_ollow the suggestions�r)I s edd below:n`q j I `� �/
(Please Print)l�v P «nr d t I ,/t FP �� AK l Date ! ,/6 /�i/
Name 6
Address 9? 0 0 40Q IA Cr
». €14-Kr- E? szo "NV phone 731 Y2_.
Agenda Item or Subject you wish to address rOW E- G/E 7ef
Company or Individual Representing, if applicable
NOTES: Please complete this form so that you may be recognized at the
appropriate time on the Agenda. You are under no obligation to speak if
you decide against it during the meeting. Please state your full name and
address so that the record of your comments will be complete in the minutes
of this meeting.
REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date:
AGENDA TOPIC: Public Hearing: Stonegate
July 8, 1991
ITEM
NO.
3.
This is a public hearing to consider the rezoning, 'from RR to RE, and
the preliminary plat for "Stonegate".
Notice was published in our legal newspaper on June 26, 1991, and the
property owners within 350 feet have been notified (copy attached).
The Parks Commission is going to review this plat again prior to the
public hearing (on Monday at 6:15 p.m.) and could'possibly have an
•
amended recommendation for your consideration at the meeting.
I have attached copies of the staff reports from our Engineer and
Planner.
For your consideration, I offer the following recommendation:
To recommend that the City Council rezone the property, legally
described on attachment A, made part of this motion by reference, to
RE based on the following findings of fact:
1. The property is designated as RED on the Future Land Use Map,
and therefore conforms to the Comprehensive Plan.
2. The residential development of this property will be compatible
..with surrounding properties.
3. The RE Zone will not be a negative impact on adjacent properties.
The following motion is offered for yyour consideration as it relates
to the preliminary plat:
To recommend that the City Council grant preliminary plat approval to
Stonegate, a 67 lot RE subdivision, based on the following conditions:
1. The developer must obtain access permits from Washington County.
2. The developer must obtain a permit from the Valley Branch
Watershed District.
(over)
3. The final grading, drainage and erosion control plan must be
approved by the City Engineer.
4. The two through streets on the south end of the development
shall be named as streets and not courts.
5. The parkland dedication shall be 7% of the land or cash in lieu
of land as recommended by the City's Park Commission.
JUL 93 '91 16149 T.K.D.A. & ASSOC.
' ENGINEERS ARCHITECTS PLANNERS
July 2, 1991
Planning and Zoning Commission
City of Lake Elmo, Minnesota
Re: Preliminary Plat Review
Stonegate
Lake Elmo, Minnesota
Commission No, 9150-001
Dear Commission Members:
TOLTZ, HMO. DUVALL, ANDERSON
AND A88OOMATQR, INOORPORAtED
0000 AMORtOAN NATIONAL DANK OUILPINO
OMIT PAUL. MINNIIIOTA00101.1e00
0t0l000-4400
FAX 0101000.0000
We did receive a preliminary plat dated June 21,1991 for the Stonegate Subdivision. The
following is our review.
Streets
All three streets with temporary turn grounds are positioned for future extension in accordance
with our thoroughfare plan.
The streets on Julep Court and Jasmine Court should be extended to the edge of the plat.
Right-of-way or easements should be platted around each of the temporary turn grounds.
thhuuld verity the etevatuon of the oil pipeline at all street crossings and include it
on the construction plans.
It is recommended that street lights be installed at each intersection (7 total).
An entrance permit from Washington County will be needed for the new streets intersecting with
County Highway 70.
Drainage
Three ponds will be constructed to reduce sediment entering Goose Lake and improve water
quality.
Because of the steep slope between the 24" outlet pipe between Lots 4 and 5 on Julep Avenue,
and Pond 2, it is recommended that this outlet be deleted. The storm sewer should continue north
on Julep and discharge directly to Pond 2. This change can be made during final design.
Side slope around the ponds shall. be 4:1 or flatter.
Nixaauluit aL U L.*JLSU% t.unuiniszOFC.
July 2, 1991
Page 2
P.4
The developer should submit an erosion control plan and calculations for the swede between
Pond 1 and the 42" outlet pipe on Jasmine Avenue and Goose Lake and the outlet from Pond 3.
This can be submitted as part of the final design.
Trails
It is recommended that any trails dedicated as part of the plat be improved. The suggested
improvement is an 8' wide (4" thick) crushed limestone trail. Culverts should be placed at all
swales and ditches.
Septic Systems
Based upon 20 preliminary soil borings, the following lots should have complete soil testing
done to insure that they have 20,000 SF of drainfield area available:
Lots 2, 3 and 6,
Lots 11, 18 and 19
Lots 7, 8 and 10
Block 1
Block 2
Block 4
These tests can be submitted prior to final platting.
Conclusion
I recommend preliminary plat approval for Stonegate.
Sincerely,
Thomas D. Prew, P.$.
TDP/mha
C
JUL-02-'91 TUE 16:38 ID:JFIMES R HILL INC
TEL N0:812 890-8244 #816 P02
JAMES R. HILL, INC.
) PLANNERS ENGINEERS SURVEYORS
\I 2 _.-" 2500 WEST COUNTY ROAO 42, SUITE 120, BURNSVILLE, MINNESOTA 55337 (612) 890-6044 FAX 890.6244
MEMORANDUM
TO: Lake Elmo plahnin Commission and City Administrator
FROM: Mike Black �Ltt
DATE: July 2, 1991
RE: STONEGATE
Rezoning from R-R to RE
Preliminary Plat
Mr. Jim Peterson, representing Trail Head Development Corporation, has
submitted applications for rezoning and preliminary plat approval of a
subdivision called Stonegate. The subject property consists of 235±
acres and is located south of 10th Street (County Road 10) and west of
Keats Avenue North (County Road 19),
'"his report is based upon the review of the following:
1. Preliminary
6-4-91.
2. Preliminary
Associates,
3. Preliminary
Associates,
Plat prepared by John Oliver & Associates and dated
Grading Plan prepared by Hakanson Anderson
Inc. and dated 6-21-91.
Drainage Plan prepared by Hakanson Anderson
Inc. and dated 6-21-91.
4. Soils Data Map prepared by John Oliver & Associates and dated
6-6-91.
The subject property is currently designated as RED, Rural Estate
Density, on the City's Future Land Use Map. A written policy for
the RED land use area is to provide for rural estate development at
densities not to exceed 6 units per 20 acres with a minimum of 20
acres per development.
The preliminary plat includes 67 single family lots. The subdivision
density is 235 acres divided by 67 lots or 3.50 acre average. Each lot
meets or exceeds the minimum 2.5 acres lot size, Each lot also meets
the 250 diameter circle design standard and the minimum frontage
requirement of 150 feet on a public roadway.
Le proposed rezoning to RE Residential Estates is consistent with the
City's Comprehensive Plan, Also, the preliminary plat of Stonegate
does conform to the general standards of the RE zoning classification,
JUL-02-'91 TUE 16:39 ID:JAMES P HILL INC
TEL 110:612 390-6244 14816 P03
City of Lake Elmo
July 2, 1991
Page 2
Street Plarl
The plan includes two access points onto 10th Street North, The
entrances from 10th Street are approximately 1,500 feet apart with
adequate distance for allowing turning movement. Ingress/egress permits
will be required from Washington County and construction of right turn
lanes and left turn lanes with a bypass lane may be required. The plat
also includes three cul-de-sacs all of which are less than the 800 feet
maximum length standard. Three temporary turn arounds are also shown on
streets which will be through streets providing future access to
adjacent properties also designated for RED land use.
Grading and Drainage Plans
Except for construction of the streets, the majority of the site will
be undisturbed until such time that homes are constructed on individual
lots. In most areas the site grading will not be beyond the street
right of way. Street grades are within the City's slope standards and
will be reviewed in more detail by the City Engineer. The developer is
proposing to use the City's typical street section consisting of a 60
foot right of way and 28 foot street. The developer is proposing
however a oonarete ourmountabie curb as apposed to a bit
uiiiliivua vuLL.
Three ponding areas are being proposed on the northeasterly portion of
the site. These ponds will serve as sedimentation basins and control
run-off rates before storm water enter Goose Lake. The amount and
location of storm sewer pipe and the distance of surface drainage areas
will also be commented on by the City Engineer.
Shore:land standards,
Goose Lake is a DNR protected wetland and is classified as a natural
environment lake in the City's Shoreland District Ordinance (Section
307). The shoreland ordinance requires a minimum lot size of 2 acres
above the normal ordinary high watermark, The ordinance also requires a
minimum lot width of 200 feet and a 200 foot structure setback from the
ordinary high watermark. Those lots shown within the shoreland district
area do meet the minimum shoreland requirements.
Flood Plain Management
Goose Lake and the area around the lake is shown as a general flood
plain district on the City's Flood Insurance Rate Map, Based upon a
determination of the 100 year flood elevation of 929 and in accordance
with Section 304.120, the finished fill or lowest floor elevation must
be at a 931 contour. The lowest house grade shown along the lake lots
is a 945 elevation.
parkland Dedication
The City's parkland dedication ordinance requires of 7% land or cash in
lieu of land for development in a RE zone. A straight land dedication
based upon 235 gross acres would require 16.45 acres. The plat does
include a 20 foot park trail (1.55 acres) and the north and east sides
of Goose Lake as park land dedication. It is my understanding that the
Park Commission will be forwarding a recommendation to the Planning
Commission on this issue. My concerns/comments include:
JUL-02- '91 TIDE 16:40 ID:JAMES R HILL INC
TEL NO:612 'S90-6244 t#816 PO4
City of Lake Elmo
July 2, 1991
Page 3
1. The developer should not be given full credit for the dedication
of parkland below the 100 year flood elevation.
2. A trailway above the ordinary high water elevation (924.4) will
not be possible around the east and north end of the Lake without
going onto County Road 19 or County Road 10 right of ways.
3. The linear trailway provided through the development has some
merit in providing safe off -road access to the Lake Elmo Regional
Park. Should this trailway be extended to the westerly boundary
of the subdivision in order that it may be extended to the west
sometime in the future?
4. If the developer intends to construct the path/trailway in
addition to the land dedication, a credit should be given towards
the 7% requirement.
BECOMMENDATTON
I recommend approval of the rezoning from RR Rural Residential to RE
Residential Estate for the following reasons:
1. The property is designated as RED on the City's Future Land Use
Map.
2. The residential development of this property will be compatible
with, surrounding properties.
3. The RE zone will not be a negative impact on adjacent properties.
I also recommend approval of the preliminary plat of Stonegate subject
to the following conditions:
1. The developer must obtain access permits from Washington County.
2. The developer must obtain a permit from the Valley Branch
Watershed District.
3. The final grading, drainage and erosion control plan must be
approved by the City Engineer.
4. The two through streets on the south end of the development shall
be named as streets and not courts.
5. The parkland dedication shall be 7% of the land or cash in lieu
of land as recommended by the City's Park Commission.
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State of Minnesota'
City of Lake Elmo
Sharon Lumby
and says:
I am a United States citizen. over 18 years of age, and
a resident of the City of Lake Elmo, Minnesota
,being first duly sworn, deposes
On June 27, , 19 91 , acting on behalf of the said
city, I deposited in the United States post office at
Lake Elmo, Minnesota, copies of the attached
public hearing
notice for Stoneg:ate Prelim plat , enclosed in sealed
envelopes, with postage thereon fully prepaid, addressed
to the following persons at the addresses appearing
opposite their respective names:
Name Address
See Attached
There is delivery service by United States mail between the
place of mailing and the places so addressed,.
Signature `\
Subscribed and sworn to before me this >27 4 day of 2_.
19 `/ AAAAAAAAAAAAAAAAAA
dA. " ;t MARILYN E. BANISTER `>
's iNoai Public- M inosota "' %
Washington County ggtary Public
My Commission Expires 3/7/97 >> ✓
VVVVVVVVVVVVVVVVVVY
cit?AF
LAKE
ELM0
City cf Lake Elmo
June 27, 1991
Dear Resident/Property Owner:
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
The City has received an application for a rezoning and
preliminary plat approval of a 67-lot subdivision to be
known as Stonegate. A copy of the public hearing notice
relative to this request is attached along with a Leap
showing the area of the, subdivided property.
If you have: any questions regarding this proposed
subdivision prior to the July 8, 1991 public hearing,
please don't hesitate in calling.
Sincerely,
Mary uec.fner
City A rniistrator
CITY OF LAKE ELMO
NOTICE OF PUBLIC HEARING
The Lake Elmo Planning Commission will hold a public hearing on
Monday, July 8, 1991 at 7:30 p,m, at City Hall, 3800 Laverne
Avenue N „ Lake Elmo, MN to consider the request of Trail Head
Development Corporation/James C. Peterson for rezoning from
Rural Residential (RR) to Residential Estates (RE), preliminary
plat approval of a 67-lot subdivision (Proposed Goose Lake
Development), and a variance request to length of cul-de-sac.
The property consists of approximately 235,8 acres and is
legally described, in part, as follows:
That part of the Northwest 1/4 and the North 1/2 of the
Northeast 1/4 of Section 34, Township 29 North, Range 21
West, Washington County, Minnesota, together with that
part of the East 1/2 of the Southwest 1/4 of said Section 34,
lying north of the following described line: Beginning
at a point on the East line of said East 1/2 of the Southwest
1/4, distant 89,19 feet South of the Northeast corner
thereof, thence westerly to a point on the West line of
said East 1/2 of the Southwest 1/4, distant 88.89 feet
South of the Northwest corner thereof and there terminating,
(A complete legal description is on file at City Hall.)
All persons who wish to be heard regarding this proposed rezoning,
preliminary plat, and variance request will be given that
opportunity at this public hearing. Written comments will be
accepted up until the time of the public hearing.
Mary Kueffner
City Administrator
June 20, 1991
Published in the June 26, 1991 St. Croix Valley Press.
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City et tnE ttu0
Jim Peterson
Trail Head Development Corp.
1660 S. Hwy 100
Suite 428
Minneapolis, MN 55416
Northern States Power
414 Nicollet Mall
Property Tax Dept, 2nd F1
Minneapolis, MN 55401
Fred & Dorothy Lyons
10072 loth St. N.
Lake Elmo, MN 55042.
Ferris Laurel A.
1867 Saunders Avenue
St. Paul, MN 55116
Andrews Inc.
220 Sextant Bldg.
529 S. 7th St.
Minneapolis, MN 55415
Ronald Smith
9999 10th St. N.
Lake Elmo, MN 55042
David & Diane Zimmerhakl
9200 loth St. N.
Lake Elmo, MN 55042
Mark & Donna Peterson
9530 loth St.
Lake Elmo, MN 55042
Donald & Clausen El Olenchak
9032 loth St. N.
Lake Elmo, MN 55042
Daniel & Pamela Eichenberger
9070 10th St. N.
Lake Elmo, MN 55042
Apostolic Bible Church
6990 N. Hudson Blvd.
Oakdale, MN 55128
David & Luisa Wortman
8996 N. 10th St.
Lake Elmo, MN 55042
Northland Land Company
3500 W. 80th St.
Bloomington, MN 55431
t
Eleanor Pierre
122 Puma Ln
Mahtomedi, MN 55115
North Suburban Co.
2125 Desoto St.
St. Paul, MN 55117
William & Clara Hammes
10112 loth St. N.
Lake Elmo, MN 55042
Blomquist John E Inc.
360 N. Robert St.
Suite 700
St. Paul, MN 55101
William & Clara Hammes
10105 loth St. N.
Lake Elmo, MN 55042
Ferris Laurel A & Szachowicz
Edward H II
1867 Saunders Avenue
St. Paul, MN 55116
William & Helena M & Clara C
10112 N. 10th St.
Lake Elmo, MN 55042
(
DRAFT
DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS
Preamble
This declaration is made this day of 1991, by Trail Head Development
Corporation,' a Minnesota Corporation (hereinafter referred to as Developer).
Witnesseth:
WHEREAS, the Developer is the contract purchaser of the property located in the county of
Washington, State of Minnesota and described as Stonegate, according to the plat thereof on
file and of record in the office of County Recorder, and
WHEREAS, the Developer desires to create thereon a residential community of individual
homesites and
WHEREAS, the Developer desires to preserve the natural beauty of Stonegate and to
compliment that beauty with distinguished residences that preserve and enhance the
landscape, and
WHEREAS, Trail Head Development Corporation is the fee owner of the property described as
Stonegate and consent to these covenants, conditions and restrictions;
NOW THEREFORE, The Developer does hereby declare that the property described as
Stonegate shall be held, sold and conveyed subject to the following covenants, conditions,
restrictions, and easements which are for the purpose of protecting the value and
desirability of Stonegate and which shall run with real property and be binding on all parties
having any right, title or interest in Stonegate or any part thereof, their heirs, successors
and assigns, and shall inure to the benefeit of each owner thereof.
ARTICLE I.
DEFINITIONS
Section 1. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any lot which is a part of Stonegate including contract
purchasers, but excluding those having such interest merely as security for the performance
of an obligation.
1
Section 2. "Stoneaate" shall mean and refer to that certain real property herein before
described.
Section 3. "Lot" shall mean and refer to any plot of land shown upon and recorded subdivision
map of the properties with the exception of Outlots.
Section 4. "Developer" shall mean and refer to Trail Head Development Corporation , a
Minnesota corporation.
ARTICLE II.
GENERAL RESTRICTIONS AND COVENANTS
Section 1. Lots. All lots shall be residential lots for a single family residential dwelling with
attached garage for at least 2 automobiles.
Section 2. Storage Buildings. Only a storage building less than eight hundred fifty (850)
square feet in area will be allowed. The plan must receive architectural approval by the
architectural committee as hereinafter provided. All storage buildings shall have an exterior
finish identical to the residence unless otherwise approved.
Section 3. Commercial Use of Property and Homes. There shall be no commercial buildings or
businesses conducted hereon, except that it shall be permissible for residents of these
premises to conduct a business or have an office in their home so long as the same does not
change the residential character of the premises, and so long as there are no signs indicating
a home is being used as an office and no outside employees are employed at the home with the
exception of a secretary.
Section 4. Setbacks. No building or structure shall be located closer to a lot line than as
specified in Lake Elmo Zoning Ordinance or 35 feet, whichever is greater.
Section 5. Utility Lines. Electric, telephone, gas and other utilities shall be installed
underground, and any hook-up thereto, which shall be at the expense of each owner, shall
also be underground.
Section 6. Prompt Completion of Construction. The exterior of any building shall be
completed within six months from the date construction commences. Exterior landscaping
and turf establishment shall be completed within one year from date construction commences
and shall include all that area from a line fifty feet rearward and parallel to the rear of the
home to the front lot line and all areas disturbed by construction excepting areas within the
boulevard or drainage easements which must be restored and maintained immediately.
Section 7. Livestock and Pets. No livestock shall kept on any lot for any purpose Household
pets may be kept provided they are not kept, bred, or maintained for any commercial
purpose. No pet or pets shall be allowed to become a nuisance in any way to the
neighborhorod. Kennels for the keeping of pets must be approved by the architectural
committee.
2
Section 8. Rubbish. No lot shall be used or maintained as a dumping ground for rubbish, trash,
garbage or other waste; nor shall any unlicensed automobiles be allowed on any lot at any
time. Household garbage must be kept in sanitary containers, out of public view, for regular
collection.
Section 9. Aonroval of Building and Driveway Plans. No construction or grading on any lot
shall be allowed until the building plans and site plan have been approved in writing by The
Architectural Committee, hereinafter designated, or by their authorized representative.
Section 10. Architectural and Building Guidelines. Whereas the Developer values the natural
beauty of Stonegate and desires that all property owners therein will maintain this natural
beauty, it is therefore vital that all homes built within Stonegate be designed to be compatible
with and complimentary to this beauty. Architecture of quality and distinction is deemed
important and thus ultimate suitability of houses designed for Stonegate must be approved by
the Architectural Committee according to the following guidelines and principles:
A. Exterior design should conform, as much as possible, with the natural surroundings so
as to put these premises to the most advantageous use. Exterior design shall be of a style
and quality to maintain and preserve home values within Stonegate. Existing scenery,
timber, and ground contours should be conformed with as much as possible.
B. Driveways and parking areas shall conform as much as possible to natural grades.
Driveways shall have blacktop or concrete surface.
C. Lawn and landscaping shall conform as much as possible to the natural grades, with
wooded areas preserved and native growth protected wherever practical. All
builders/homeowners shall include a minimum landscaping allowance of $3,000.00 which
shall include the planting of at least six 1 1/2" caliper deciduous trees or six 6' evergreens.
D. Minimum foundation area of houses shall be:
One Story Construction 1,300 Sq. Ft.
Two Story Construction 1,000 Sq. Ft.
Split Level Construction 1,250 Sq. Ft.
Minimum foundation areas will not supersede aesthetic and architectural guidelines.
E. All storage and outbuildings must be approved by the Architectural Committee. All
antannaes, satellite dishes and other exterior reception devices must be approved for style
and location by the Architectural Committe.
F. Trees shall be cut only for the purposes of clearing a building site and improving the
view from the home to be constructed on site or with approval of the Architectural
Committee.
Section 11 Vehicle Storage. No boat, trailer, fishhouse, snowmobile, recreation vehicle,
camper, canoe, or other vehicle shall be stored or kept on any lot except within a garage or
out building except that residents may park on a temporary basis (less than one week) on a
designated hard surfaced parking area.
3
Section 12 Lot Easements. Each lot shall be subject to permanent utility and drainage
easements. All such easements shall jointly run in favor of and inure to the benefeit of the
owners of the adjacent lots, and any or all public authorities or utility companies maintaining
or operating any utility facility upon such easement area.
Section 13. Name and Address Sians. All name and address signs shall be of a dignified
character and shall not be over two square feet in size.
Section 14. Advertising Signs. No advertising sign of any kind shall be displayed in public
view on any lot except one sign of not more than five square feet advertising the property
for sale or rent, or signs used by a builder to advertise a building during construction and
sale.
Section 15. Uniform Mailboxes. Only those posts and mailboxes specified by the Developer
shall be allowed. Replacement of damaged mailboxes or posts must be of the exact type
specified and at the lot owners expense.
Section 16. Tanks. No elevated tanks of any kind shall be erected, placed, or permitted on
any part of such premises. Any tanks for use in connection with any residence constructed
on such premises must be buried or sufficiently screened to conceal them from the view of
neighboring lots, roads, or streets.
Section 17. Temporary Structures. No structure of temporary character, trailer, tent,
shack, barn, garage, or other building shall be used on any lot at any time as a residence,
either temorarily or permanently.
ARTICLE 111
ARCHITECTURAL COMMITTEE
Section 1. Membership. The Architectural Committee shall be composed of appointees of
Trail Head Development Corporation, who shall serve as the Architectural Committee until
such time as residents can be appointed who will act for the common good of Stonegate.
Section 2. Powers and Rights. The committee shall have the power and right to employ
inspectors to insure that proper building standards are maintained. The inspector or
inspectors as designated from time to time by the committee shall operate pursuant to rules
approved by the committee.
Section 3. Architectural Liability. The Architectural Committee shall be concerned about
aesthetic characteristics only and does not assert architectural expertise. In the course of
its duties, the Architectural Committee may request certain design modifications in the
interest of producing an overall improvement more complimentary or compatible with
Stonegate. It is the sole responsibility and duty of the applicant to employ an architect or
other person to design the requested modifications in a safe and architecturally sound
manner. Each owner of any interest in Stonegate, his heirs, successors, or assigns, as a
condition of his ownership, waives any right to damages which result from architectural
designs and changes requested by the Architectural Committee.
4
ARTICLE IV
ENFORCEMENT OF EASEMENTS, RESTRICTIONS, AND COVENANTS
Section 1. Persons Authorized. Each of the easements, restrictions, and covenants as set
forth herein shall be enforceable by any of the owners of any lot which is benefeited by such
easement, restriction, or covenant, or any of the respective successors in title, but no other
person shall have any right to enforce any such easements or restrictions and covenants, nor
shall any other person , other than such owner, the owner's tenants, invitees, and licensees,
have any interest in the easements, restrictions, and covenants hereby created and declared.
Nothing contained herein shall constitute a dedication of any interest in such easements,
restrictions, and covenants to the public or give members of the public any rights hereunder.
The failure of any owner to enforce any of thea easements or restrictions and covenants
herein contained shall in no way be deemed a waiver of the right to do so thereafter.
Section 2. Remedies for Violation. In the event of any violation or attempted or threatened
violation of the terms hereof, or any interference or attempted or threatened interference
with the easement rights herein granted, each of the easements, restrictions, and covenants
may be enforced by a proceeding at law or in equity, or both. If any person shall elect to
enforce the terms hereof by a proceeding in equity, such person may petition for a
restraining order or injunction, temporarily or permanent, prohibiting such violation or
interference and demanding compliance with the provisions, which restraining order and
injunction shall be obtainable upon proof of the existence of such violation or interference,
and without the necessity of proof of the inadequacy of legal remedies or irreparable harm.
3entinn ;3. Cost of Enforcement. If any of the easements or restrictions and covenants
created herein are enforced by appropriate proceedings by any owner, and if such owner
shall prevail in any such proceeding, such owner shall be reimbursed for all or any part of the
costs incurred by such owner in the enforcement thereof, including but not limited to
reasonable attorney's fees, costs, and expenses.
Section 4. Invalidation. Invalidation of any of these covenants or restrictions by judgment
or by court order shall not affect any of the other provisions which shall remain in full force
and effect.
ARTICLE V
DURATION OF RESTRICTIONS
These restrictions and covenants are to run with the land and shall be binding upon the parties
and all persons claiming under them for a period of twenty-five (25) years from the date '
these covenants are recorded, after which time said covenants and restrictions shall be
automatically extended for successive periods of ten (10) years unless an instrument signed
by a majority of the then owners of the lots has been executed and recorded agreeing to
change
5
Stoneaate
Preliminary stages are the most important in long range development of
the single family, owner -occupied residential neighborhood. Through
cooperation with and assistance from the City of Lake Elmo, a quality plan
with neighborhood identity can be created. Within the plan it is essential
to perpetuate the natural aesthetics through minimal change in the natural
land form. The creation of a healthy, comfortable neighborhood will be a
plus for the development and a plus for the City.
A. PLANNING CONTEXT
Our site is located in the southwest quadrant of Keats Ave. North and 10th
Street North. The site includes natural features such as Goose Lake,
wetlands, rolling hills, and several tree groves or treed fencelines. The
high elevation of the hills provides exceptional views of the county.
The preliminary plan takes into consideration the natural lay of the land,
the natural drainage patterns, and the storm water runoff on site. Also of
prime consideration was the existing waterways for drainage of the site
and the control of traffic speed and movements.
B. SITE CRITERIA
Respect for the natural features and systems of the site is a basic
consideration in the proposed design. The proposed development preserves
those areas of the site with exceptional environmental amenities and
ecological significance and directs construction to those areas most
suited for development. A study of the natural determinants including
topography, geology, soils, and existing vegetation provides the basis for
an intelligent approach to land development. Natural determinants
indicate which areas will serve best as open space, and which areas can
accomodate housing and roads with the least damage to the landscape, in
planning the proposed subdivision natural systems have been evaluated in
order to place construction where it will have a minimum impact.
The slope area offers a diverse pattern of slope conditions including
gentle, rolling land, steeper slopes and natural channels created by
drainage. The steeper slopes are to be left as natural areas in the rear of
lots and as basements walkout areas. The drainage plan has been planned
around a continuation of the natural drainage pattern.
Vegetation on the site consists of farm crops, wooded treelines, mixed
grasses, and wooded areas around the lake. Special consideration was
given to the wooded areas so that project construction would not destroy
the natural beauty of these areas.
The purpose of this proposed street layout is to allow efficient ingress
and egress to the subdivision by distributing the traffic paths within the
subdivision without creating a bottleneck at any one access point.
Curving roads discourage speeding through a residential development and
increase visual interest. Curvilinear plans allow for curving roads and
lots which conform to the natural contours. Curvilinear plans can
minimize the problems of erosion and retain more natural vegetation.
C. CONCLUSION
The development as proposed is an efficient use of the land and respects
the natural aesthetics of this unique environment. Small, close knit
neighborhoods are possible because of the use of cul-de- sacs and the
integral trail sytem. The proposed park area would allow all residents of
the City to enjoy this unique environmental lake. The proposed
development represents the highest and best use of this unique parcel of
land to the mutual benefit of all.
REQUEST FOR PLANNING CO? iISSIQN REVIEW
AGENDA TOPIC:
John Day Final Plat
Meeting Date: July 8, 1991
ITEM
NO.
4.
The City Council approved the preliminary plat of John Day Farm
Addition. (Minutes attached).
Our Planner and Engineer have reviewed the final plat and their
comments are attached for you review.
Based on these comments, I offer the following recommendation for your
consideration:
To recommend that the City Council grant.final plat approval for the
John M. Day Farm Addition based on the following conditions:
1. A permit must be obtained from the Valley Branch Watershed
District.
2. Prior to construction on any lot, the drainfield area shall be
roped off to prohibit vehicles crossing the area.
3. Driveway permits shall be obtained from Washington County.
4. Driveways entering off of 50th Street shall have 18 inch
culverts with safety aprons. Driveway side slopes shall
be 6:1.'
5. A park dedication fee shall be paid to the City equal to
4% of the property fair market value.
JUL 03 '91 16:51 T.K,D.A. & ASSOC.
I"�'D►A
ENGINEERS ARCHITECTS PLANNERS
June 28,1991
Planning and Zoning Commission
Lake Elmo, Minnesota
Re: Final Plat Review
John M. Day Farm Addition
Lake Elmo, Minnesota
Commission No, 9150-001
•1/4ar--
eopierm
TOLTZ, KIND, DUVALL, ANDENION
AND AE$OOtATtl, INCORPORATED
000o AAADRIOAN NATIONAL DANK BUILDING
RANT PAUL, M1NN60urA66161.160a
61240.4400
FAX 6123904o9a
Dear Planning Commission Members:
I have reviewed the final plat for the referenced addition. The following are nay comments:
1, As requested by the Valley Branch Watershed District, the minimum building elevations
should be recorded on the final plat.
2. It appears that on lots, 2, 5 and 8 the driveways would be constructed over a drainage
easement. The drainage easement should be platted around the driveways.
3. Driveways should be constructed above the 100-year flood elevation,
4. Flood levels for the ponds have been approved by the Valley Branch Watershed District.
5. The developer should submit a grading plan showing proposed ditches and driveway
filling.
We recommend final plat approval contingent upon subtnittal of a final plat with the above
corrections made, an approved grading plan, and entering into a developer's agreement with the
City of Lake Elmo,
Sincerely,
Thomas D, Prew, P.E.
TDP/mha
JUL-02-'91 TUE 16:41 ID:JAMES R HILL INC
TEL NO:612 890-6244 ##316 P07
JAMES R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
2500 WEST COUNTY ROAD 42, SUITE 120,
TO:
FROM:
BURNSVILLE, MINNESOTA 55337 I612) 890.6014 FAX 890.6244
MEMORANDUM
Michael J. Black
JOHN M. DAY FARM ADDITION
Final Plat
Ms. Margaret A. Juhl, personal representative of the estate of John M.
Day, has submitted to the City for review and approval the final plat
of the John M. Day Farm Addition. A copy of the final plat will be
distributed with this report.
At their meeting an May 7, 1991, the City Council passed a motion (5-0)
pproving the Preliminary Plat subject to:
1, A permit must be obtained from the valley Branch Watershed
District.
2. Drainage easements shall be dedicated on the final plat as
required by the Watershed District and/or City Engineer.
3 No site grading shall be allowed until such time that
building permits are requested for each lot.
4. Prior to construction on any lot, the drainfield area
roped off to prohibit vehicles crossing the area.
5. Driveways entering off of CSAH 17 shall require a permit
Washington County.
6. Driveways entering off of 50th Street shall have 18" culverts
with safety aprons. Driveway side slopes shall be 6:1.
7. Highwater elevations for landlocked ponds will be verified by
the valley Branch Watershed District.
8. As recommended by the Park Commission, a park dedication fee
shall be paid in lieu of a land dedication.
9. The Park Dedication Fee shall be 4% of the property's fair market
value,
individual
shall be
from
City of Lake Elmo
July 2, 1991
Page 2
PLANNING COMMENTS AND RRCOMMENDATTCN
The subject property is zoned R-R Rural Residential and as approved on
the preliminary plat, each of the 8 lots on the final plat exceed the
minimum 10 acre (nominal) lot size. The final plat is drawn to the
center line of both 50th Street North and Lake Elmo Avenue North right
of ways. Forty feet of right of way is dedicated for 50th Street and
60 feet is dedicated for Lake Elmo Avenue.
One minor change shown on the final plat from what was presented on the
preliminary plat is the configuration of the common lot line between
Lots 7 and 8. Due to a final determination of drainage elevations by
the Valley Branch Watershed District, a change in the alignment of this
common lot line was needed to accommodate a driveway access to the
buildable portion of Lot 8. With this change, Lots 7 and 8 still meet
the minimum lot area and width requirements of the R-R zone.
No public roadway or other improvements are necessary with this plat
and hence a development contract may only be needed if certain drainage
improvements and ditch grading are required by the watershed District.
A determination on the need for a developers contract will be made prior
to City Council consideration of the Final Plat.
I recommend approval of the Final Plat of the John M. Day Farm Addition
subject to:
1. A permit must be obtained from the Valley Branch Watershed
District.
2. Prior to construction on any lot, the drainfield area shall be
roped off to prohibit vehicles crossing the area.
3. Driveway permits shall be obtained from Washington County.
4. Driveways entering off of 50th Street shall have 18 inch culverts
with safety aprons. Driveway side slopes shall be 6;1.
5. A park dedication fee shall be paid to the City equal to 4% of
the property fair market value.
REQUEST FOR PLANNING COMMISSION REVIEW
AGENDA TOPIC:
July 8, 1991
Meeting Date:
Thoroughfare Plan (Continuation).
ITM
NO. 5.
This was discussed, but tabled, at your last meeting. Please be sure
to bring with you the information.
REQUEST FOR PLANNING CON^'.ISSION REVIEW
AGENDA TOPIC:
1
(
Meeting Date:
Everett Beaubien
July 8, 1991
ITEM
NO. 6.
Mr. Beaubien has asked for a concept review of a proposed subdivision
and variance to the required frontage on a city improved street.
The Commission has looked at this before, but has not come to a
consensus.
I have attached a drawing indicating what Mr. Beaubien is proposing to
subdivide - that which is outlined in red. Mr. Beaubien has asked
that commission members visist the site so they can get a better
understanding of the layout of the land, and so that he can personally
show you what his plan is.
Mike Black has looked at this proposal in a very preliminary way, and
his comments (though very rough) are attached.
LAKE ELMO PLANNING COMMISSION MINUTES October 22, 1990 Page 4
As a point of discussion, Commissioner Conlin stated perhaps time
would have been saved if this "jam" session would have taken place
before this point in time.
7. Woodbury's Major Comp Plan Amendment
City Planner Mike Black reviewed the Comp. Plan amendment proposed by
Woodbury and gave the Commission an update. Woodbury is requesting
Met. Council include approximately 2,522 acres be included in the
MUSA. This expansion will be done with no impact on Metro line
systems namely transportation, open space, roads, or sewers. The
three interceptors that serve Woodbury now would be used to handle the
additional sewer needed for the proposed area. The Commission decided
to review the amendment and if there are any issues raised to bring
them up before the next meeting, and they appreciate staff and Mike
Black bringing this to the Commission's attention.
8. Request from Everett Beaubien
Mr. Beaubien, 3691 Kelvin, has requested a concept review of a
proposed subdivision and variance to frontage on a public improved
street. The Planning Commission received a drawing indicating the
request for another homesite allowed off of the private road, without
the required frontage on a public improved street. Mr. Beaubien has
also proposed donating to the City approximately three acres of land
across Sunfish Lake from his home so it can be combined with Sunfish
Park.
Commissioner Conlin stated she had visted Mr. Beaubien at the proposed
area, and gave the Commission an overview of the drawing. Some of the
Commissioners decided they needed to go out to the site and look at
the area before making a decision. The Commission could not come to a
consensus on this proposal.
M/S/P Johnston/Enes - to get additional information and visit the site
before making a decision, and then write a letter to Mr. Beaubien with
the Planning Commission's recommendation. (Motion carried 7-1,
against: Conlin - believes the Commissioner's had plenty of time to
visit the site before the meeting.)
M/S/P Enes/Arkell - to Adjourn the Planning Commission meeting at
10:25 p.m. (Motion carried 8-0.)
Commissioner Enes gave the Commission two FYI's: on loth Street and
Manning Avenue in Afton there is a development for sale of five acre
lots with a brand new road, showing this is feasible. Also, for new
members, that haven't received any GTS (Government Training Centers)
in the mail, they offer some totally awesome seminars on planning and
land use. Suggested for new members is "Annual Planning Institute:
the Basics". The City will pay for these seminars.
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REQUEST FOR PLANNING COMMISSION REVIEW
AGENDA TOPIC:
Meeting Date:
REcommendation on Planner
Ju1y8, 1991
^rE_1
NO.
The Council discussed, at its July 2 meeting, the amount of money that
is being spent on planning services that are not covered by pass thru.
What are your suggestions?