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HomeMy WebLinkAbout5.b. Request by Lennar for the Approval of the Bella Vista Preliminary Plat and PUD4ROSEMOUNTEXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Dates: May 28, 2013 Tentative City Council Meeting Date: June 18, 2013 AGENDA ITEM: Case 13- 21 -PP; 13 -22 -PUD Request by Lennar Corporation for the Approval of the AGENDA SECTION: Bella Vista Preliminary Plat and Planned Public Hearing Unit Development Master Development Plan with Rezoning PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 5.b. ATTACHMENTS: Location Map; Development Plan; Preliminary Plat; Grading Plans; Street "S" APPROVED BY: Cul -de -sac Revision; Utility Plans; Landscape Plans; Tree Protection Plans; Shoreland Impact Zone; Shoreland Open Space; Wetland Impact Exhibit; Wetland Buffer Averaging Analysis; Table IX -1: Wetland Management and Protection Requirements; 2030 Roadway Functional Classification; Park dedication Sketch; City Engineer's Memorandum dated May 23; Park and Recreation Director's Memorandum dated May 23; Fire Marshall's Memorandum dated May 20. RECOMMENDED ACTION: Motion to Recommend that the City Council Approve the Bella Vista Preliminary Plat and Planned Unit Development Master Development Plan and Rezoning to R -1 PUD: Low Density Residential Planned Unit Development, subject to the following conditions: 1. Deviations from the R -1 zoning district are granted to allow a 75 foot minimum lot width, 25 foot front yard setbacks for most lots, 20 foot front yard setbacks for lots with wetland buffers; 7.5 foot side yard setbacks, and 9,250 square foot minimum lot size. 2. The home design front elevation shall include a minimum of three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; a front porch with railing that extends at least 30% of the width of the front elevation, including the garage; a side entry garage; or no more than 70% lap siding, excluding doors and windows. 3. Lennar will provide the northwest corners of Lots 23 and 24, Block 10 as an Outlot for a well site within the Preliminary Plat. The well site will need to be a minimum of 0.25 acres with a minimum dimension of 105 feet by 105 feet and have permanent access onto a local public street. 4. Phase 1 and 2 can be developed with access from Street H and Bacardi Avenue. 5. Phase 3 cannot be developed until either Autumn Path is constructed to the intersection of Street E or Street B is connected to Bonaire Path through the exception parcel(s). 6. Phase 4S cannot be developed until the roadway connection for Phase 3 is constructed and the temporary sanitary sewer lift station should be installed concurrently. 7. Phase 4N cannot be developed until the entirety of Autumn Path is constructed and the temporary sanitary sewer lift station is installed. 8. Street S road and sidewalk design shall be revised to include the Street "S" Cul- de -sac & Sidewalk Grading Revisions exhibit dated May 22, 2013. 9. Lots 1 and 2, Block 2 are unbuildable until Street G is constructed to the west and the temporary cul -de -sac is removed. 10. Lot 10, Block 5 is unbuildable until Autumn Path to the east is constructed. 11. Lots 14 and 15, Block 6 are unbuildable until Street B is constructed to the west and the temporary cul -de -sac is removed. 12. Lot 1, Block 3 and Lot 1, Block 10 are unbuildable until Street E is constructed to the north and the sanitary sewer is provided from the north. 13. PUD deviation for Street EE for a cul -de -sac length up to 1,050 feet and direct access of up to 20 single family lots. 14. No trees shall be installed in the street right -of -way. All trees installed on private lots shall be installed between the house and the street right -of -way. 15. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 16. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 17. Relocate any landscaping within the 25 foot sight triangles at intersections at Street E and Autumn Path; Street G and Autumn Path; and Street H and Bacardi Avenue. 18. Re -grade the southeast corner of Pond 8 to save the 33 inch bur oak ( #10783) heritage tree behind Lot 12, Block 2; save the 28 inch white oak ( #12316) heritage tree on the property line of Lots 25 and 26, Block 10 by installing a retaining wall; and save the 32 inch bur oak ( #5053) heritage tree in the rear yard of Lot 28, Block 10 by installing a retaining wall. 19. Wetland buffer averaging is allowed for the roadway and lot buffer averaging analysis. All areas within the wetland buffers that do not have natural vegetation shall be seeded and established with a wetland buffer seed mix. 20. Conservation easements shall be recorded over all wooded areas, wetlands, wetland buffers, stormwater ponds, and stormwater buffer strips. Fences are not allowed in conservation easements. 21. Structural setbacks for lots with wetland buffers located on them are reduced to twenty (20) feet from the wetland buffer. 22. Minimum building setbacks from the OHWL mark of Horseshoe Lake and Mare Pond shall be 75 feet. 23.An eight (8) inch sanitary sewer stub shall be extended from the manhole over the existing manhole in Bacardi Avenue into the outlot in a location south of the future City well. 2 24. Create and record a restrictive covenant on the retaining wall located on private property that ensures that it is the homeowners cost and responsibility to maintain the retaining walls. 25. The retaining wall southwest of Lot 1, Block 8 shall be relocated onto Lot 1, Block 8. 26.A trail shall be installed by the developer on the north side of Bonaire Path between the eastern exception property and Autumn Path. 27.A trail shall be constructed from the regional trail to the north shore of Mare Pond at the property line with the western exception property. 28. The regional trail shall be extended to the west to the intersection of Bacardi Avenue and Bonaire Path. 29. Payment of $8,715 for the prorated portion of the 42 -52 AUAR costs. 30. It is understood that this preliminary plat includes multiple phases that may occur over a number of years. Upon recording of one final plat within the first year of preliminary plat approval the preliminary plat will be valid for all subsequent plat phases; so long as each subsequent final plat phase must be consistent with this preliminary plat. 31.Approval of the Shoreland Ordinance Planned Unit Development by the Minnesota Department of Natural Resources. 32. Compliance with the conditions and standards within the City Engineer's Memorandum dated May 22, 2013. 33. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated May 22, 2013. 34. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated May 20, 2013. ISSUE Lennar Corporation has requested a preliminary plat, planned unit development (PUD) master development plan and rezoning to R -1 PUD: Low Density Residential Planned Development Plan to develop 158 single family homes on 142.6 acres. The submittal from Westwood Engineering had the name "Marshes" on the plan sheets. Lennar has since requested the name of the subdivision to be referred to as "Bella Vista ". Any document that is labeled Marshes is the Bella Vista application. SUMMARY Approximately 160 acres of land located at the northeast corner of Bacardi Avenue and Bonaire Path was owned by Adam LaFarve but has been foreclosed on by the mortgager. The properties encompassed all of Horseshoe Lake and the northern half of Mare Pond. Mr. LaFarve had his house on 20 acres of land on the northwest shore of Horseshoe Lake and that parcel has been sold by the mortgage holder to a private resident. The remaining parcel (142.6 acres) was farmland encompassing three- quarters of the Horseshoe Lake shoreline and the northern half of Mare Pond and was foreclosed by Klein Bank. Klein Bank has been negotiating the sale of the property to Lennar for the development of a single family subdivision. The preliminary plat includes a total of 142.6 acres of land and has about 2,200 feet of frontage onto Bacardi Avenue and 1,550 feet of frontage onto Bonaire Path. The preliminary plat illustrates 158 lots on the 142.6 acres of land in five phases. The 142.6 acre property includes twenty (20) waterbodies of approximately 32 acres. In addition to the waterbodies, Lennar is proposing to dedicate 8 acres of parkland to the City, which would permit approximately 3 acres for park facilities after removing the wetlands, gas line easements, stormwater ponds, and 3 wetland buffers. Dakota County is negotiating with Klein Bank to acquire a 9 acre shoreland easement around Horseshoe Lake and a 32 acre greenway easement over Outlot D in the southwest corner of the development. The City will acquire ownership of the shoreland and Outlot D property after the County purchases the easement. Including Horseshoe Lake and 3 acres of collector right -of- way, the City will take position of 66 of the 142.6 acres. The net acreage for development (home sites, local roads, and associated infrastructure) is 76.6 acres, or 54% of the overall property. Lennar has stated that the houses will be generally two story homes with three car garages. Staff has provided a recommendation that front facades include the same enhancements as are required in Prestwick Place: a minimum of a three and one half (3.5) foot high wainscoting of brick or stone; a front porch with railing; a side entry garage; or 30% non -lap siding such as shakes or board and batten siding. The development design includes preserving a minimum of a 45 foot wide wooded, natural corridor around Horseshoe Lake and maintenance of the wooded area adjacent to Bacardi Path. Plans for the design of the Autumn Path extension on the east side of the property meanders to save the existing heritage bur oak trees in the windrow between the Lennar development and the McMenomy property to the east. The proposed development would surround two exception properties on the south side of the development. The western 14 acre exception property is owned by Christopher and Sarah Sorsoleil and the eastern 15 acre exception property is owned by Norman and Sharon Brucker. The plans show a ghost plat of the two exception properties that could provide an access from Bonaire Path in the location of the joint property line and an access from Street B on the western property line. A sewer and water stub will be provided to the Brucker property at Street B and there is an existing waterline in Bonaire Path to provide looping. A sewer stub will be installed near the southwest corner of the development near the City well site that could be used to supply service to the Sorsoleil property. The ghost plat shows that Sorsoleil and Brucker properties can be developed together with the two accesses and the internal loop road and meet all the City design standards and requirements. The exception properties can also develop independently provided they maintain two access points at the joint property line. The longest temporary cul -de -sac length if the Sorsoleil developed independently, before Brucker, would be about 1,200 feet in length. This would be shorter than the proposed temporary cul -de -sac for Street G in Phase 4N of Bella Vista. Pulte Group 2011 Marshes ofBloomBeld Request In 2011, Pulte Group requested a 182 lot subdivision on 156.4 acre development. The Pulte proposal included both the Klein Bank property and the western exception property owned by the Sorsoleil family. The Lennar proposal is only for the Klein property resulting in a 14 acre reduction in area and a reduction of 28 lots. The revised layout also reduces two streets to the exception properties that results in reduced wetland impacts as compared to the Pulte plan. The remainder of the development is identical to the Pulte 2011 proposal. Surrounding Land Uses North - Agriculture and Large Lot Single Family Houses (Low Density Residential Designation) West - Agriculture and Large Lot Single Family Homes (Transitional Residential Designation) South - Single Family Residential (Low Density Residential Designation) East - Agriculture (Low Density Residential Designation) GI Background Owners: Residential Developers: Preliminary Plat Acres: Klein Bank, current owner; Lennar Corporation, future owner Lennar Corporation 142.6 Acres Comprehensive Plan Design.: LDR: Low Density Residential Current Zoning: AG - Agriculture Requested Zoning: R -1 PUD: Low Density Residential Planned Unit Development Residential Density Single Family Housing R -1 Low Density Residential Zoning Proposed 75 -foot Wide Lots Additional City Acquired 75 Feet Minimum Lot Size 10,000 Square Feet Units Gross Collector Park and Open Net Units per 7.5 Feet Maximum Lot Coverage Acres 30% Acres Acre Right-of-way Space Bella Vista 158 142.6 3.0 66.0 76.6 2.06 Single Family Housing 20 foot front yard setbacks on lots that have rear yard wetland conservation easements Phasing Lennar has proposed to develop the subdivision in five (5) phases of 28, 44, 40, 20 and 26 lots each. Phase 1 is located on the western edge of the development along Bacardi Avenue. Phase 1 will create a double cul -de -sac of Street K and Street S to serve the 28 lots. Phase 2 of the project will develop the rest of Street H and a portion of Street E to access the lots on the south and west shore of Horseshoe Lake. In discussions with the City Engineer and the Fire Marshal, they are comfortable allowing proposed Phases 1 and 2 to be developed with the singular access from Bacardi Avenue. It is requested that temporary turn- arounds be constructed at both ends of Street E after the development of Phase 2. Phase 3 of the development would not be allowed to develop until Autumn Path was constructed to the intersection of Street E or the exception properties developed and provided site access to Bonaire Path. Phase 4S (Street EE) could develop with this same connection to Bonaire Path as needed for Phase 3 provided the installation of the temporary sanitary sewer lift station identified in Phase 4N. Phase 4N cannot develop until Autumn Path would be completely constructed to the north boundary of the development and the temporary sanitary sewer lift station is operational. Street and Sidewalk System The proposed development includes one access onto Bacardi Avenue about 1,300 feet north of Bonaire Path. Bacardi Avenue is currently a gravel rural section road. Bacardi Avenue will be upgraded to an urban section when an existing 15" truck sanitary sewer line is extended to allow construction for the first phase of development. The sanitary sewer line is at the corner of Bacardi and Bonaire and will be extended north, with the Bacardi right of way to serve the eastern portion of the project. 5 R -1 Low Density Residential Zoning Proposed 75 -foot Wide Lots Minimum Lot Width 80 Feet 75 Feet Minimum Lot Size 10,000 Square Feet 9,250 Square Feet Minimum Front Yard Setback 30 Feet 25 Feet / 20 Feet' Minimum Side Yard Setback 10 Feet 7.5 Feet Maximum Lot Coverage 30% 30% 20 foot front yard setbacks on lots that have rear yard wetland conservation easements Phasing Lennar has proposed to develop the subdivision in five (5) phases of 28, 44, 40, 20 and 26 lots each. Phase 1 is located on the western edge of the development along Bacardi Avenue. Phase 1 will create a double cul -de -sac of Street K and Street S to serve the 28 lots. Phase 2 of the project will develop the rest of Street H and a portion of Street E to access the lots on the south and west shore of Horseshoe Lake. In discussions with the City Engineer and the Fire Marshal, they are comfortable allowing proposed Phases 1 and 2 to be developed with the singular access from Bacardi Avenue. It is requested that temporary turn- arounds be constructed at both ends of Street E after the development of Phase 2. Phase 3 of the development would not be allowed to develop until Autumn Path was constructed to the intersection of Street E or the exception properties developed and provided site access to Bonaire Path. Phase 4S (Street EE) could develop with this same connection to Bonaire Path as needed for Phase 3 provided the installation of the temporary sanitary sewer lift station identified in Phase 4N. Phase 4N cannot develop until Autumn Path would be completely constructed to the north boundary of the development and the temporary sanitary sewer lift station is operational. Street and Sidewalk System The proposed development includes one access onto Bacardi Avenue about 1,300 feet north of Bonaire Path. Bacardi Avenue is currently a gravel rural section road. Bacardi Avenue will be upgraded to an urban section when an existing 15" truck sanitary sewer line is extended to allow construction for the first phase of development. The sanitary sewer line is at the corner of Bacardi and Bonaire and will be extended north, with the Bacardi right of way to serve the eastern portion of the project. 5 It should be noted that the applicant only controls the eastern half of Bacardi Avenue with the western half controlled by a variety of property owners located west of Bacardi. The City Engineer is beginning the feasibility study for Bacardi Avenue to determine the cost of the improvement and the amount of land needed for construction to an urban section. Ultimately, the City Council will need to determine the cost share that would be expected from the property owners on the west side of Bacardi Avenue. Lennar will be responsible for one -half of the construction cost of Bacardi Avenue upgrade. Bonaire Path was improved to an urban roadway in 2006 and Mr. LaFarve was assessed for that improvement. The Comprehensive Plan also shows a minor collector roadway connection to Bacardi Avenue that runs south of Horseshoe Lake. Due to the low density of the development and the impact that the collector would occur to the existing wetlands, staff is supportive of removing the minor collector from the south side of Horseshoe Lake. With development of the existing homestead site in the future, a determination would need to be made if the minor collector would be re- routed north of Horseshoe Lake. Or if the proposed major collector east of 126`h Street would provide sufficient connectivity. The development proposes an access onto Bonaire Path at the location of Autumn Path, which is classified as a minor collector in the Comprehensive Plan. Another access to Bonaire Path would be constructed in the future during the development of the exception properties. Lennar would be responsible for half of the cost of the Autumn Path extension, which will include the cost of construction and right of way acquisition. Similar to Bacardi Avenue, the property owner does not control the land to the east which is needed to extend Autumn Path. The development includes seven local roads, three of which are proposed to be permanent cul -de -sacs and three are proposed to have temporary cul -de -sacs until the neighboring properties develop. Two of the permanent cul -de -sacs (Street K and Street S on the west side of the development) meet the City Code because the cul -de -sac at the north end of Street K and the south end of Street S limits impacts to the wetland and woodlands. The third cul -de -sac (Street EE) exceeds the Subdivision Ordinance (Section 12 -3 -1 K) limitation of 700 feet and access to no more than 15 single family lots. Street EE is proposed to be approximately 1,000 feet in length and provide access to 20 single family lots. Staff is supportive of a PUD deviation from the City Code for three reasons. First, east of Street EE is the future Autumn Path that is designated a minor collector which requires limited access. Second, there are gas line easements both north and south of Street EE which limits the number of street crossings. Third, the future Autumn Path to the east and the regional trail to the north would provide emergency vehicles additional access to a number of lots on Street EE. The temporary cul -de -sac on Street B would provide a future street connection to the Brucker property. The temporary cul -de -sacs on northwest side of Street E and the west side of Street G will serve as street accesses to the former LaFarve homestead when that property develops. All local streets will meet the City standard of a 60 foot wide right -of -way, 32 foot wide street curb -to- curb, and a sidewalk on one side of the street. Staff is supportive of the local street system as designed. Due to the number of wetlands and the location of pipeline easements, access to site buildable area is compromised. Staff believes the road and lot configuration provides enough developable lots to be economically viable while balancing impacts on the site natural resources and not compromising public safety. A Staff has requested that Lennar provide a sidewalk connection from the cul -de -sac on the south end of Street S to the regional trail. A revised plan of this cul -de -sac is attached to the executive summary with the sidewalk connect and is a recommended condition of approval. Additionally, staff has recommended a condition that Lennar install a trail along the north side of Bonaire Path. Wetlands The property has twenty (20) existing waterbodies: two of which are designated as a wetland and a lake. The City's Wetland Management Plan (WMP) classifies wetlands into four categories in decreasing quality: preserve, manage 1, manage 2, and manage 3. Of the twenty wetlands, four (4) wetlands are labeled preserve, zero wetlands are manage 1, eleven (11) wetlands are manage 2, and five (5) wetlands are manage 3. The higher quality the wetland category, the larger the wetland buffers required by the WMP. Additionally, the higher the quality the more effort required to avoid impacts, and the larger amount of wetland mitigation required if impacts cannot be avoided. WMP Table IX -1: Wetland Management and Protection Requirements is attached to the Executive Summary and describes the standards for each type of wetlands. There are four (4) wetlands impacted by the proposed preliminary plat, three (3) wetlands are completely filled and will not exist after the project, and one (1) has a small impact on the northwest edge with the majority of the wetlands remaining. The partially impacted wetland is classified as manage 2, while two (2) of the fully impacted wetlands are manage 2 and the remaining fully impacted wetland is manage 3. Staff believes that the preliminary plat is laid out to try to avoid wetland impacts. Further the other site constraints, pipeline easements and their locations, site topography, existing vegetation, size and location of preserve wetlands and lakes, makes total avoidance of wetlands while allowing economical development of the property improbable. Finally, the plan limits impacts that do occur to the lowest quality wetlands. The total wetland impact is 0.42 acres. Under the WMP, manage 2 and manage 3 wetlands require new wetlands created to mitigate the impact at a two to one (2:1) ratio which would require 0.84 acres of new wetlands. Lennar has proposed to fulfill the mitigation through 0.95 acres of new wetlands. The Wetland Conservation Act (WCA) recognizes credits through upland buffers but Lennar is not requesting credit for buffers created. The buffer credit may be considered in the future if all of the created 0.95 acres of wetlands are not deemed acceptable at the end of the five (5) year monitoring period. Development around wetlands requires a conservation easement be placed over the naturally vegetated area around a wetland as a buffer to provide water quality benefits, reduce the risk of erosion, discourage human interference, and provide wildlife habitat. Preserve category wetlands require a seventy -five (75) foot wide buffer, while manage 2 and manage 3 wetlands require only a thirty (30) foot wide buffer. Understanding that all buffers may not be maintained equally around the entire wetland during development, the WMP allows for buffer averaging. Buffer averaging would allow a buffer to be reduced on one side if it is expanded on another side of the wetland. The applicant has prepared two exhibits to request approval of buffer averaging. The first is an exhibit showing 16,292 square feet of buffer impacts caused by roadway and utilities and proposes 39,398 square feet of additional buffer to allow averaging. The second exhibit shows all the wetland buffers that are on individual lots and interior to the lot but not contained within the required ten (10) foot rear yard drainage and utility easement. The applicant is requesting to average this total area of 20,900 square feet of wetland buffer by establishing 68,373 square feet of additional wetland buffer. rJ Staff is comfortable approving the wetland buffering associated with the road and utility installation. As mentioned previously, the site is constrained to the point that some wetland impacts, and wetland buffer impacts, are needed to permit a financially feasible development. Staff is also recommending accepting the household wetland buffer average. For similar reasons, development of the site is difficult and prompts some impacts. Further the buffers impacted, and subsequently created, are over and above what was impacted on a per wetland basis. In other words, any wetland where a buffer was reduced has an expanded buffer on its perimeter that is greater than the area impacted. The only exception is in the far north where Street G affects the buffer but the wetland is almost wholly contained on the property to the north. In this instance the developer does not have enough land around the wetland to expand the buffer. Wetland buffer monuments will be installed at the edge of the ten (10) foot rear yard drainage and utility easements to provide a clear, linear edge to maintain the natural wetland buffer vegetation. The ten (10) foot buffer does not further limit homeowner's abilities to develop their property because structures (other than fences) are not allowed within the drainage and utility easement. Additionally, staff has prepared a condition that prohibits fences within wetland buffer and that a conservation easement will be required over the buffer area further reinforcing that no private structures should be placed in the buffer. A recommended condition of approval is that structural setbacks to wetland buffers would be reduced to twenty (20) feet. Shoreland District The development has two lakes that are regulated by the City's Shoreland Ordinance: Mare Pond located on the south side of the development and bisected by Bonaire Path; and Horseshoe Lake on the north side of development. About 75% of the Horseshoe Lake shoreline is located within this development and the remaining shoreline is located on the property to the north. Both lakes are classified as Natural Environmental Waters and require the most strict development standards in the Shoreland Ordinance. Sewered Natural Environmental Waters Develo ment Standards The City's Shoreland Ordinance has been approved by the Minnesota Department of Natural Resources (DNR) and any deviations or variances to the Shoreland Ordinance must be approved by the DNR through their planned unit development (PUD) standards. The DNR reviews and approves a PUD based on how much shoreline is publicly owned, how much of the shoreline impact zone (the area within 75 feet of the lakes) is disturbed, and how much open space is within the development. To accommodate these standards, the developer will dedicate a minimum of forty -five (45) feet surrounding the lakes to the City, has limited the grading or other impacts to the shoreline impact zone to less than 50% of the zone, and has proposed only 134 lots within the 1000 feet of the shoreline when 438 lots would be allowed. Based on these considerations, staff is supportive of Lennar's requested PUD standards but conditions the approval of the preliminary plat on the DNR approval. P: Shoreland Ordinance PUD Request Minimum Lot Area 10,000 square feet 9,250 square feet Lot Width 110 feet 75 feet Building Setback from OHWL 150 feet 75 feet Building Setback from Street 20 feet 20 feet Lowest Floor Elevation above OHWL 3 feet 3 feet The City's Shoreland Ordinance has been approved by the Minnesota Department of Natural Resources (DNR) and any deviations or variances to the Shoreland Ordinance must be approved by the DNR through their planned unit development (PUD) standards. The DNR reviews and approves a PUD based on how much shoreline is publicly owned, how much of the shoreline impact zone (the area within 75 feet of the lakes) is disturbed, and how much open space is within the development. To accommodate these standards, the developer will dedicate a minimum of forty -five (45) feet surrounding the lakes to the City, has limited the grading or other impacts to the shoreline impact zone to less than 50% of the zone, and has proposed only 134 lots within the 1000 feet of the shoreline when 438 lots would be allowed. Based on these considerations, staff is supportive of Lennar's requested PUD standards but conditions the approval of the preliminary plat on the DNR approval. P: Tree Preservation The City has a Tree Preservation Ordinance that classifies trees into three different categories and has progressively greater replacement rates for the higher value tree types. Trees that are softwoods less than twelve (12) inches in diameter or hardwoods less than six (6) inches in diameter are not significant and do not need to be saved and would not require replacement. Softwoods greater than twelve (12) inches in diameter and hardwood trees between six (6) and twenty six (26) inches in diameter are significant trees. It is expected that some significant trees would be removed during development and 25% of the total site caliper inches of significant trees can be removed without replacement. The significant tree caliper inches removed beyond 25% of the total need to be replaced at a rate of 0.5 calipers inches per 1.0 caliper inches removed. Hardwood trees twenty seven (27) inches in diameter or greater are classified as heritage trees and all are encouraged to be preserved. No heritage trees can be removed without replacement and the replacement trees removed must be replaced at a rate of 1.0 caliper inch per 1.0 caliper inches removed. Lennar has proposed to remove seven heritage trees. The Tree Preservation Ordinance (11 -6 -3 E.8.a.) requires all practical alternatives be taken to save heritage trees. Three significant trees ( #5053 on Lot 28, Block 10; #10783 on the edge of Pond 8; and #12316 on the boundary of Lots 25 and 26, Block 10) are on the edge of the grading boundary and can be saved by either changing the grading boundary or through installing a retaining wall around the tree. Staff has prepared a recommended condition of approval that would require Lennar to save these three heritage trees and reduce the tree replacement requirement by 93 inches or 31 trees. Tree Preservation Staff recommends conditions that save three heritage trees for a total 93 caliper inches reduce the inches removed to 128 inches. One thousand seven hundred and eighty -nine inches of tree replacement is required for the trees that are removed for the development. The development of 158 lots requires that the developer plant one tree per lot at a minimum two (2) caliper inches per tree. This landscape requirement has a total of 316 caliper inches. The total tree installation requirement for the development is 2,105 caliper inches. The applicant proposes to install 686 trees for a total 2,198 caliper inches. Lennar can reduce their tree installation by 93 inches as a result of saving the three heritage trees. The distribution of tree types is in the table below. Trees Installed by the Developer Tree Type Significant Trees Heritage Trees Total Inches 18,760 671 Inches Removed 8,233 128 221* Removal Allowance 4,690 n/a Replacement Required 3,543 128 221* Replacement Ratio 0.5/1.0 1.0/1.0 Inches of Replacement Required 1,661 128 221* Staff recommends conditions that save three heritage trees for a total 93 caliper inches reduce the inches removed to 128 inches. One thousand seven hundred and eighty -nine inches of tree replacement is required for the trees that are removed for the development. The development of 158 lots requires that the developer plant one tree per lot at a minimum two (2) caliper inches per tree. This landscape requirement has a total of 316 caliper inches. The total tree installation requirement for the development is 2,105 caliper inches. The applicant proposes to install 686 trees for a total 2,198 caliper inches. Lennar can reduce their tree installation by 93 inches as a result of saving the three heritage trees. The distribution of tree types is in the table below. Trees Installed by the Developer Tree Type Size Number Cali er Inches Ornamentals 2 inches 55 110 inches Deciduous 2 inches 158 316 inches Deciduous 3 inches 266 798 inches Deciduous 4 inches 76 304 inches Coniferous 7 -8 ft tall 3.75 in 51 191 inches Coniferous 10 -14 ft tall 6 in 80 480 inches Total n/a 686 2,198 inches D Landscaping The City Code requires that one tree be installed per single family lot developed, which would require 158 trees at a minimum size of two (2) caliper inches. Because of the Tree Preservation Ordinance, the developer is also required to install an additional 1,789 caliper inches of trees which they are fulfilling through planting 497 trees resulting in a total of 655 trees being planted. The landscape design for the subdivision will generally plant two trees per lot and focus the remaining landscaping to the Bacardi Avenue and Bonaire Path accesses, the City park and the edges of the development. Staff is supportive of landscape plan but has provided two recommended conditions. First, that the trees be planted outside of the public right -of -way (except for the entry medians) and are to be maintained by the individual homeowners. Second, that the trees be planted in locations that do not interfere with the public infrastructure. Stormwater Management This property is unlike many of the recent developments within the City. The City requires that stormwater systems have both a ponding (retention) and infiltration system. On most properties within Rosemount, the sandy soils provide adequate infiltration to meet the City requirement. On this property, the clay soils do not infiltrate stormwater adequately to meet the City standards. The developer has found only one area (rear yards of Lots 12 through 29, Block 5) on the eastern boundary of the property that appears to have sandy enough soils to provide infiltration. A percolation test needs to be conducted to confirm that the infiltration requirements can be met. Results from the developer's soil borings indicate that favorable percolation test results will be obtained. The developer recognizes that they need a strategy to get the site stormwater to the infiltration area. Upon full completion of the development, the majority of the site would flow by gravity to the infiltration basin, but Streets G, K, and EE would flow towards Horseshoe Lake without infiltration. In order to meet the infiltration requirements for this area and the site, it will be necessary to install a storm lift station from Horseshoe Lake to the infiltration area. In addition, the City's Surface Water Management Plan identifies the future development of a system to facilitate drainage from properties west and north of the property to Horseshoe Lake. The need to accommodate this stormwater and the intent to construct a lift station from Horseshoe Lake to the south has been discussed with the developer. The cost of this system will be funded by the both developer and the City on a pro -rata basis to be determined with the drainage volume. Additionally, the stormwater lift station will not be available until Phase 2 and therefore there is no infiltration during Phase 1. To address that issue, until the stormwater lift station is constructed, annually Lennar will need to measure the water elevation in Horseshoe Lake and pump a determined volume of water from the lake above the normal water level into the infiltration area through a portable pump. The remaining components of the stormwater system are generally acceptable. It appears there are some emergency overflows that need to be evaluated at a finer scale than 2 foot contour grading plans can provide, but that should not impact the layout of the lots or roads within the preliminary plat. Detailed stormwater comments from the City Engineer have been provided to Lennar's design engineer, Westwood. Parkland and Regional Trail Corridor The City Code requires that parkland be dedicated to the City at a rate of one (1) acre of land per twenty five (25) units developed. Lennar's proposed 158 unit preliminary plat would require 6.32 acres of parkland. Lennar is proposing to meet this requirement through the dedication of approximately 8 acre park on the south shore of Horseshoe Lake, but Lennar will not receive full 10 credit for the 8 acres because much of the parkland has limitation due to gas line easements or wetland buffers or because it was purchased through Dakota County funds. The result would be a dedication credit for 0.65 acre leaving 5.67 acres of dedication being paid through fee in lieu of parkland dedication. The Horseshoe Land Park contains a connection to Street EE at the intersection of Street E, a minimum of a 45 foot wide corridor around the lake, and includes the island in the eastern half of the lake. The park is intended to be more passive than active recreation and will not contain a soccer or baseball field. The Parks and Recreation Commission will design the final park plan and determine the final parkland dedication. A gravel or wood chip trail is proposed along the west, south and east shore of Horseshoe Lake and the Parks and Recreation Commission has recommended a floating boardwalk to the island within the lake. The previous owner had installed a gravel path about 10 feet wide all the way around the lake. Lennar is proposing to grade and develop portions of the existing trail but the trail can be relocated to the 45 foot buffer around the lake. The adopted regional Rosemount Interpretive Trail corridor is identified to run from the intersection of Bacardi Avenue and Bonaire Path in the southwest corner of the development to the park along the south shore of the lake. This trail will be a segment for the regional trail connecting Downtown Rosemount with the future Flint Hills Athletic Fields located at the northeast corner of Akron Avenue and Bonaire Path. To assist the development of this regional trail, Dakota County is using its funds or leveraging other funds to purchase the land around the trail alignment. Dakota County will be purchasing easements over Oudot D and Outlot E and then Klein Bank will transfer ownership of these two outlots to the City upon the recording of the Final Plat. Dakota County will be purchasing a shoreland easement over the buffer around Horseshoe Lake and a greenway easement Outlot D and the rest of Outlot E. The shoreland easement would have limitations for only passive recreation, water oriented or stormwater uses. The greenway easements would be less restrictive and would allow most public uses including sanitary sewer, stormwater or municipal water uses. Dakota County staff is recommending that the construction funds for the regional trail be placed in the County's Greenway CIP for 2015 or 2016. Dakota County has also stated that they will take over maintenance of the greenway once a regionally significant portion of the trail is constructed beyond the Bella Vista development. Rezoning and Planned Unit Development Lennar requests to rezone the property to R1 PUD: Low Density Residential Planned Unit Development. The property has a comprehensive plan designation of LDR: Low Density Residential and the description of LDR on page 66 of the 2030 Comprehensive Plan states the R1 is the appropriate zoning. The Zoning Ordinance states that a PUD is appropriate when the area is larger than ten (10) acres and contains unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. The Bella Vista proposal with its twenty wetlands and two lakes contains the environmental features that the City desires to conserve. 11 PUD Standards Larger than 10 Acres? Yes Conserves Environmental Features? Yes Within the Density allowed in the Comprehensive Plan 1 to 5 units/ac)? Yes 2.06 Subdivision Modifications to Increase Conservation? Yes Setback reductions to Mitigate Impacts? Yes Legal Authority As discussed during legal training, a preliminary plat and rezoning request is an Quasi - Judicial decision for the Planning Commission meaning that the Planning Commission is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed or if the Code deviation requested within the Planned Unit Development is appropriate. The Comprehensive Plan states that R1 proper zoning for the property. The zoning area deviations are less than a 10% reduction from the City Code and the setback deviations are less than 20% reduction and staff finds this appropriate in exchange for 45% (66 acre) of the development and 100% of the shoreline in public ownership to preserve the lake, shoreline, tree stands and wetlands. Additional Public Works, Parks and Recreation, and Fire Marshall Comments The City Engineer's, Park and Recreation Director's, and Fire Marshall's Memorandums are attached to this Executive Summary. The major issues raised in these memorandums are included within the Executive Summary. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Preliminary Plat, Planned Unit Development Master Development Plan with Rezoning to R -1 PUD: Low Density Residential Planned Unit Development subject to the conditions stated in the Recommended Action. 12 LENNAR: BELLA VISTA Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1601 feet verification. 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Li ; 0 0 — Ln 10 v +�• 7 7 ;*.'e O cu 1 U O J ,• N 1 N, O O 1 i Q V U Q) L E N 9 i .♦ ,� / '0 C � 1 i ♦ ��� Z 1 1 1 1 ED O `aIn 1 1 1 1 It C O O W N • ♦ E `e.. ,z ar i� y :1 QQ U U LL +: !• fllffl44ii 1 V 0 0 0 f6 •fir i,.� Via- � .e t "e eft �� I .� ..,• - C O `- O � � � � J - 'NM «��it�ti, is N ry •�� aaii All a�� " ;egA ' S N ' cu Ail cc cu xfi HI sg1 lft9i a cc a �eor s o- s.naoo� cs -saoi ov c eoazinia 0 0 M O O O , \ I L V A — \ _ at 'ow v y� Zo � �\ °\ cB ti .. ti O o 1 �........,. — i--i O _v cc Aa� _ y A N m .......... CL nx > . jj x�. 4ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: May 23, 2013 TO: Eric Zweber, Senior Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works /City Engineer Dan Schultz, Parks and Recreation Director Chris Watson, Public Works Coordinator Kathie Hanson, Planning & Personnel Secretary FROM: Phil Olson, Assistant City Engineer RE: Bella Vista (Marshes) Preliminary Plat: Planning Commission Plan Review. SUBMITTAL: Prepared by Westwood Engineering, the Bella Vista (Marshes) Preliminary PUD Submittal is dated April 20, 2013. Engineering review comments were generated from the following documents included in the submittal: Preliminary PUD Submittal (38 pages) dated April 30, 2013, comprised of the following: • Existing Conditions • Development Plan /Preliminary Plat • Preliminary Grading Plan, Preliminary Utility Plan, and Preliminary Landscape Plan • Preliminary Profiles • Preliminary Tree Preservation Plan • Preliminary Tree Inventory Plan • Wetland Impact — Mitigation Plan • Existing and Proposed Drainage Area Map, (4 pages) revised April 25, 2013. • Stormwater Management Report, (343 pages) revised April 25, 2013. DEVELOPMENT FEES: A feasibility report detailing the developer's costs and financial responsibilities will be required prior to approval of a final plat. It will also detail the schedule for when improvements will be required. Below is a listing of some of the items the developer will be responsible for funding. Bacardi Avenue and Autumn Path (Street L) • Ponding • Utility extensions • Utility relocation • Right -of -way Temporary sanitary sewer lift station Removal of temporary infrastructure • Cul -de -sacs • Sanitary sewer lift station Stormwater management plan and lift station 2. The developer will be responsible for the cost of all sidewalks and trails internal to the development. The developer will be responsible for grading the regional trail. 3. Additional development fees are required with final plats based on the current Schedule of Rates and Fees. GENERAL COMMENTS: 4. A feasibility report is required for this development prior to design and construction of this project. The feasibility report will determine the following items: • Stormwater management • Sanitary sewer to exception parcels • Details with a temporary sanitary sewer lift station • Details with the temporary cul -de -sacs • Well locations • Utility layout, sizes and phasing 5. A feasibility report for Bacardi Avenue is required prior to finalization of a subdivision agreement. 6. The developer is required to show how the grading plan, post home construction, can be constructed with a maximum of 1:4 slopes. In the past, walkout models have not used the entire building pad which increases the grade from the front to the back of the house. Additional discussions with the developer are needed to correct this issue. 7. Northern Natural Gas, Koch Pipeline, and Magellan Pipeline all have gas pipelines within the proposed development. Crossing permits and grading permits are likely required from the gas companies for the proposed improvements. The developer is required to work with the gas companies to execute any required permits. 8. Pothole elevations are required for each utility crossing and roadway crossing the pipelines to verify that the improvements can be constructed as proposed. Any design changes required by gas companies shall not result in any nonconforming lots. Due to the restrictions with this site, the pothole elevations should be provided prior to approval of the grading plan. 9. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands, and buffers. Signage for conservation easements shall be provided by the developer and an extended 5 year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated areas and the 5 year maintenance period shall be a cost of the development. 10. All areas proposed to be naturally vegetated are required to be established by the developer and maintained with a 5 year maintenance period. Costs associated with the establishment of the naturally vegetated areas and the 5 year maintenance period shall be a cost of the development. 11. Storm sewer is proposed along the side and back lot lines of certain properties to convey rear yard drainage. Drainage and utility easements along these lines shall prohibit the installation of sheds to ensure that access can be provided for storm sewer maintenance. Fences are allowed but shall not restrict drainage and are required to include gates for truck access over the drainage and utility easement. Also, landscaping that will block access should be prohibited. These restrictions should be added as a restriction on the property deed. This will impact the following properties: • Block 2: Lot 6, 7, 12, 13, 18, 19 • Block 1: Lot 2 and 3 • Block 5: Lot 8, 9, 11, 12, 13, 22, and 23 • Block 7: Lot 1, 12, 13, 5, and 6 • Block 6: Lot 6, 7, 9, 10, 11, 12, 13, and 14 • Block 4: Lot 1 • Block 10: Lot 1, 2, 8, 9, and 23 • Block 8: Lot 2, 3, 10, and 11 12. Trees should not be located over storm sewer pipes or within emergency overflow routes or overland flow routes. Additionally, trees located on individual properties should not be planted near the sanitary sewer and water service lines. These trees should be positioned a minimum of 15 feet from the service lines. 13. The northwestern most corner of the property, adjacent to Bacardi Avenue and north of the buffer area of Wetland O, has been identified as a possible location for a city well. This portion of Lot 23 and Lot 24, Block 10 should be shown as a separate lot. Further review of this site as a possible well location will need to be completed with the feasibility report. 14. The width of drainage and utility easements over all public utilities shall be verified during final design. 15. A trail is required to be added along Bonaire Path between Street L and the exception parcel. A trail is also required between the cul -de -sac on Street K and the exception parcel, between Wetland B and Wetland H. These should be added to the grading plan. 16. The regional trail is required to connect with Bonaire Path in the northeast corner of Bacardi Avenue. This will provide a connection with the existing trail south of Bonaire Path. 17. The grading for the regional trail is required to meet ADA trail standards. Below are locations that are required to be revised. • South of Street E at the intersection of Street EE • 1:4 cross slope between Pond 5 and the north pipeline easement • Northwest corner of Street E and Street EE. The 954 and 956 contours cross and need to be revised. 18. Fences are required for all retaining walls adjacent roadways, sidewalks, trails, or other public uses. Fences located along the rear yards of private properties will be reviewed on a case — by -case basis with the final plat. 19. Retaining walls and fences are required to be installed by the developer with the mass grading of the site. Retaining walls and fences are required to be owned and maintained by the developer. 20. Driveway grades should be added to all lots. 21. Temporary construction easements will be required for all grading shown outside of the property limits. 22. Lot 1, Block 10 and Lot 1, Block 3 will not be constructed until development occurs to the north and the roadway is extended. 23. Lot 14 and Lot 15, Block 6 and Lot 1 and Lot 2, Block 2 will not be able to be constructed until the adjacent properties develop. 24. Lot 7, Block 1 may not be able to be constructed until after the temporary lift station is removed. 25. Site triangles are required at each corner of an intersection. The site triangles are required to be 25 feet in length. 26. The EOF from the low points on Street L are required to be shown on the plan. 27. Contour annotations should be added to the plan at all ponds and the infiltration basin (1:4, 1:10,13). 28. A permit from the DNR is required to grade below the OHW. This is proposed adjacent to Wetland B (Mare Pond). STORMWATER MANAGEMENT COMMENTS: 29. A storm sewer lift station from Horseshoe Lake is required as part of a regional improvement to manage future runoff from the White Lake watershed and a local improvement to direct runoff from the development from Horseshoe Lake to the infiltration basin. The developer is required to include the proposed forcemain alignment with the site plans. The system design should include the forcemain alignment for discharging to the infiltration area and discharging downstream to Mare Pond. Valves should be included to direct the flow in the forcemain. The forcemain should be located within the project right -of -way or drainage and utility easement. 30. The storm sewer lift station should be located near Lot 15, Block 4. The force main should be extended to Street E and designed as described above. 31. The volume control management plan for the site should define the volume of infiltration necessary to manage the flood protection level for the site and structures surrounding Horseshoe Lake. The 100 -year runoff event (snowmelt) volume necessary for flood protection should be defined in the management plan. 32. Additional discussions are required with the developer to find the best option to meet the stormwater requirements on a phased basis. One option may be to pump a predetermined amount of water from Horseshoe Lake to allow for the additional drainage from the development. This could be done on an annual basis until the storm sewer lift station is construction in Phase 2. 33. Additional infiltration testing data is required to verify that the rate control design is in conformance with City requirements. The infiltration testing should be completed during site grading and at the proposed grading plan elevations. It should be noted that a clay layer is shown in the boring logs at 942, which is at the bottom of the infiltration area. If the tested site infiltration rates are not deemed adequate by the City, the developer will be required to bring the site into conformance with City standards. 34. Piezometer readings are required across the site to verify the separation between the low floor and groundwater elevations is in compliance with city standards. Piezometer readings are required to be submitted to the city prior to approval of the grading plan. 35. The storm sewer system design calculations and storm sewer drainage area maps should be provided that demonstrate conformance with the City design standards. 36. All stormwater ponds are required to contain a clay liner to the NWL. 37. Riprap or other erosion control method is required at all pond and wetland EOF locations. 38. The NURP treatment volumes for Pond 4A should be provided to demonstrate that the pond is in conformance with the City standards. 39. The storm sewer outlet from Horseshoe Lake to the east should be removed from the plan. The ultimate plan for this site will be to direct stormwater south to Mare Pond. 40. The low floor building openings within the property north of Horseshoe Lake are required to verify that the development will not cause flooding. 41. A DNR outlet permit for Horseshoe Lake is required to establish the management elevation at 934.0. Permit approval is required prior to approval of the grading plan. 42. The Horseshoe Lake outlet elevation of 934.0 will need to be approved by the DNR for the development to be in conformance with the city's water quantity requirements. 43. Drainage from the rear yards of Block 1 is not currently addressed with this plan. The stormwater management plan is required to include this area. 44. Drainage from Street L for the northeast corner of the site is not included with this grading plan. This project is required to accommodate its share of the drainage from Street L. An additional ponding location could be provided in the rear yards of Lot 5 and Lot 6, Block 6. 45. Additional drainage and utility easements are required to encompass overland flow routes. A listing of these areas has been provided to the developer. 46. The pipeline easement document numbers and benchmark datum should be added to the preliminary plat. 47. The storm sewer in the rear yards of Lot 11 through Lot 13, Block 5 should be revised to not cross the gas line. The connecting manhole in Street L appears to be in conflict with the gas line. 48. Storm sewer should be added to the back property corner between Lot 5 and Lot 6, Block 7 since this rear yard drainage will likely not turn at a 90 degree angle. Should you have any questions or comments regarding the items listed above, please contact me at 651 - 322 -2015. 4ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, Public Works Director /City Engineer Phil Olson, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: May 23, 2013 Subject: Marshes of Bloomfield — Preliminary Plat Staff recently reviewed the preliminary plat for the Marshes of Bloomfield. After reviewing the plan, the Parks and Recreation Department staff has the following comments: • The neighborhood park identified to be located on the south side of Horseshoe Lake should be developed with an emphasis on natural resource based recreation and conservation, which is consistent with the City's 2008 Parks Master Plan. The parks dedication requirement for 158 units is 6.32 acres of land. The Parks and Recreation Commission will be reviewing the preliminary plat on Wednesday, May 29, 2013 at a special meeting. Staff expects that park dedication credit will be given for useable park land outside of wetland buffers, utility easements, and most other land encumbered restrictions. • The City should accept the fee title for the property that Dakota County is purchasing conservation easements for within the development. Include a public trail along Bonaire Path. The trail would be in the R.O.W. where possible but would need to be located north of Mare Pond and south of Wetland M. The trail should also be shown in the ghost plats for the two exception parcels. A trail is also required between the cul -de -sac on Street K and the exception parcel, between Wedand B and Wetland H. The regional trail should connect with Bonaire Path in the northeast corner of Bacardi Avenue. This will provide a connection with the existing trail south of Bonaire Path. Please let me know if you have any questions about this memo. 4ROSEMOUNT FIRE DEPARTMENT M E M O R A N D U M To: Eric Zweber, Planner From: Dale Chard, Fire Marshal Date: May 20, 2013 Subject: Marshes /Bella Vista Upon review of the Marshes Preliminary PUD Submittal dated 4/30/13 provided for review by Westwood Professional Services Inc. on behalf of Pulte Group the Fire Marshal offers the following comments: • Provide a temporary turn around for east end of Street E (Phase 2). The turnaround must meet section D103 of the 2007 MNSFC. (Fire Apparatus Access Roads). • Add hydrant near the temporary turnaround on the West end of Street G (Phase 4N). • Facilities, building or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved access road with and asphalt, concrete or other approved driving surface capable of supporting the imposed load of at least 75,000 pounds. Thank you, Dale Chard