CC Report July 12, 2021
CC DATE: July 13, 2020
REVIEW DEADLINE: July 13, 2021
CASE # 2017-10
BY: KA, EH,
PROPOSAL: Approve the Final Plat creating five outlots including public right-of-way for three streets, and approve the Development Contract.
LOCATION: Southwest corner of Powers Boulevard and Lyman Boulevard
APPLICANT: Landform Professional Services, LLC Level 7 Development LLC
105 South Fifth Avenue, Suite 513 4600 Kings Point Road
Minneapolis, MN 55330 Minnetrista, MN 55330
PRESENT ZONING: A-2 Agricultural Estate rezoning to PUD Regional Commercial
2030 LAND USE PLAN: Office or Regional Commercial
ACREAGE: Approximately 118 +/-acres
SUMMARY OF REQUEST
The developer is requesting to final plat for the creation of five outlots and dedication of public right-of-way for three streets. The Conditional Use Permit for development in the
Bluff Creek Corridor and the Wetland Alteration Permit to fill 4.4659 acres of wetland were approved with the original preliminary plat (June 10, 2019) and their standing remains. On
July 13, 2020, the City Council approved a revised preliminary plat, which amended the framework for the plat (subdivision lots), and the PUD (uses and development guidelines).
The developer has a number of months of grading and additional time for installation of the sewer, water and streets. At this time, there are no site plans being approved. Any proposed
developments will have to come back through the City process (Planning Commission and City Council) for approval.
BACKGROUND
May 24, 2021: City Council approved the grading plan for Avienda.
June 13, 2020: City Council approved the Rezoning of 118 +/- acres from Agricultural Estate District, A-2, PUD Regional Commercial including Avienda Design Standards; and approved the
Amended Subdivision Preliminary Plat creating 19 lots, three outlots and dedication of public right-of-way, as shown in plans prepared by Landform dated, May 1, 2020, subject to conditions
in the staff report; and adopted the Findings of Fact and Decision.
November 1, 2016: Planning Commission recommended conceptual approval of the PUD.
November 28, 2016: City Council gave conceptual approval of the PUD.
February 27, 2017: During its Work Session, the City Council reviewed the significant issues of the Alternative Urban Areawide Review (AUAR).
February 28, 2017: An open house was held.
March 7, 2017: Planning Commission held a public meeting to review the proposed update to the AUAR document. The Planning Commission forwarded their comments to the City Council.
March 13, 2017: City Council authorized publication in the Environmental Quality Board (EQB) Monitor for April 3 and closed the AUAR comment period on April 17.
May 8, 2017: City Council adopted a final resolution for the updated AUAR and Mitigation Plan.
May 6, 2017 and June 6, 2017: Planning Commission held pubic hearings on the plan.
June 20, 2017: Planning Commission recommended preliminary plat approval.
July 10, 2017: City Council approved Preliminary Plat creating 17 lots, three outlots and dedication of public right-of-way for public streets (115.519 acres); and Rezoning of 115.519
acres of property zoned Agricultural Estate District, A-2, to Planned Unit Development-Regional Commercial District (PUD-RC). Design Standards and a Conditional Use Permit to encroach
into the primary zone and required buffer for development in the Bluff Creek Corridor; Wetland Alteration Permit to 4.897 acres of permanent wetland impacts as shown in plans dated
April 14, 2017 and June 13, 2017, to request to construct into the primary zone and required buffer for development in the Bluff Creek Corridor.
June 25, 2018: City Council approved the final plat and grading permit.
April 8, 2019: City Council approved the extension of the final plat and grading permit to December 31, 2019 and extinguished the final plat for Avienda but allowed for grading.
December 9, 2019: City Council approved the extension of the preliminary plat until
June 30, 2020 and permitted grading as stated in the conditions and in accordance with the preliminary plat approvals.
Below is the approved Development Plan via the Planned Unit Development-Regional Commercial zoning.
STREETS
The proposed street plan is consistent with the AUAR Update, although modifications have been made to a public street, Avienda Parkway. Previously, Avienda Parkway looped around the
site creating two intersections with Bluff Creek Boulevard. The modification cut the loop in half, where now the western portion of Avienda Parkway is remaining while the eastern portion
is removed, which is being replaced with privately-owned and maintained accesses. After review, staff finds that the required connectivity addressed in the AUAR Update is still being
met with the proposed street layout, and the modification decreases the amount of right-of-way the City would have to maintain.
The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. However, Mills Drive is proposed to be constructed at a
future date when Outlot C is re-platted. All other roads and drives constructed with this development will be privately-owned and maintained. All public streets will have a speed limit
of 30 mph except for Bluff Creek Boulevard, a minor collector roadway, which will have a speed limit of 35 mph. Bluff Creek Boulevard connects to the intersection with Powers Boulevard
and the TH 212 ramp. The connection to Sunset Trail is made to the north, and the connection to The Preserve at Bluff Creek development will be made with the extension of right-of-way
from Mills Drive. These connections are tied together by Avienda Parkway.
The applicant has provided 60% MSA roadway plans for Bluff Creek Boulevard, along with the associated utility plans, and has also provided preliminary construction plans for the remaining
public street and public utility build-out associated with the final plat submittal. The applicant and their engineers are required to submit Final Construction Plans and Specifications
for the public improvements prior to installation, and therefore the Final Plat approval is not an approval of public improvements. Mass grading can proceed per the Grading permit
previously approved. The applicant and their engineer shall work with staff in amending the construction plans to fully satisfy staff comments prior to issuance of a Notice to Proceed
for construction activities associated with public street and utility improvements. The Developer is required to design Bluff Creek Boulevard to Municipal State Aid Standards and obtain
approval by the Minnesota Department of Transportation. Due to a potential grant being applied for by the City for partial funding of Bluff Creek Boulevard, the roadway improvements
(not including grading to subgrade elevations and utility installations) will not be given a Notice to Proceed until such time a grant decision is determined. If the City is successful
in obtaining grant funding, Bluff Creek Boulevard will need to be constructed as a City-led project and a separate bid and contract will be needed. If the grant is not obtained, then
Bluff Creek Boulevard will be constructed by the Developer.
As large, landscaped boulevards are proposed, the applicant has added a note to the typical sections to identify a corridor for installation of private utilities such as buried power,
communication, gas, etc. (i.e. within a 10-foot drainage and utility easement area abutting the right-of-way).
Bluff Creek Boulevard
The extension of Bluff Creek Boulevard is proposed to have a similar cross section to the existing segment it connects to; one lane each direction with a landscaped median. The thru
lane width varies with turn lanes at intersections. Roundabouts will be constructed at the intersection with Avienda Parkway along with a roundabout for the future build-out of private
accesses just west of Powers Boulevard and Bluff Creek Boulevard. These roundabouts promote traffic calming while carrying the anticipated volumes of traffic. The extension of Bluff
Creek Boulevard will be a minor collector, per the 2040 Comprehensive Plan.
Avienda Parkway
Avienda Parkway is proposed to be a 36-foot wide roadway with a two-way left-turn lane. A roundabout will be constructed at the intersection with Sunset Trail. During the preliminary
plat review, staff recommended the applicant look at adding traffic calming measures to Avienda Parkway at Lots 1 and 2, Block 3 and Lot 9, Block 4. Specifically, staff had concerns
regarding pedestrian routes and pedestrian safety near residential areas attempting to access the internal Avienda business areas across Avienda Parkway. As the current final plat
submittal does not incorporate the platting and design of residential areas (i.e. design of these areas and their traffic and pedestrian routes are not finalized), it will be required
during the re-platting of outlots, most notably Outlot C, that the future applicant assess and evaluate pedestrian improvements along Avienda Parkway and to address staff concerns.
Future Extension of Mills Drive
When Mills Drive is extended with the re-platting of Outlot C, the applicant at that time shall ensure the width of Mills Drive matches with the existing Mills Drive section in The Preserve
at Bluff Creek. The extension of Mills Drive is required to provide a secondary access to The Preserve at Bluff Creek development, which is an approximately 2000-foot long cul-de-sac.
Further review of the final design and alignment of Mills Drive and any proposed private drives will be evaluated prior to the re-platting of Outlot C. A traffic study may be required
to ensure adequate access management guidelines are adhered to.
Sunset Trail
Sunset Trail is a 44-foot wide roadway that consists of two, 15-foot thru lanes and a 14-foot turn lane and serves as the northern access to the site off Lyman Boulevard. The east and
south leg of the roundabout will be private streets to accommodate access through the center of the development while the west leg is the connection to Avienda Parkway. When future
lots are re-platted, these private streets will be constructed and plans will be reviewed at that time.
STREET LIGHTING
The applicant has not submitted a street lighting plan at this time. The project shall include street lighting per City Code. Decorative street lights are permissible with a maintenance
agreement.
SIDEWALKS AND TRAILS
The applicant proposes a series of public and private trails and sidewalks throughout the development. All proposed trails and sidewalks within the public right-of-way will be owned
and maintained by the City and shall adhere to the City’s Standard Specifications and Details. All snow removal/ice control maintenance associated with the proposed sidewalk within
the public right-of-way will be the responsibility of the abutting property owner, per City Ordinance.
The City will perform winter maintenance on the trails located within public right-of-way. All other pedestrian walks and corridors will be privately owned and maintained.
ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per MnDOT standard details.
GRADING
Preliminary grading plans were approved by City Council on May 24, 2021 and a grading permit approval letter was issued to Level 7 Development, LLC on June 4, 2021 for the purposes of
getting a head start on the mass grading for the project. Grading work has yet to begin onsite. Prior to any grading activities commencing, all conditions of approval associated with
the grading permit shall be met.
RETAINING WALLS
No retaining walls are proposed with the final plat submittal, however it is possible that several retaining walls will be required around two perimeter locations to the north in subsequent
phases of the development. If retaining walls will be installed in subsequent phases they shall be privately owned and maintained and not located in public right-of-way. As these
potential retaining walls would be greater than four feet, they must be constructed in accordance with plans prepared by a registered engineer and be constructed of a durable material
(smooth face concrete/poured in place, masonry/mortared, railroad ties and timber, and boulders are prohibited). Also, a fence or other barrier is required at any location where a wall
is greater than 6 feet tall and within 10 feet of a public right of way.
Staff recommends the applicant work with residents of The Preserve at Bluff Creek to remove the retaining wall along the shared property line and replace it with a graded berm.
SANITARY SEWER MAIN
The plans show two separate sanitary systems to service this development. One of the sanitary sub-sheds will handle sewerage flows from the northern portion of Outlot D and all of Outlot
C. These public mains extend through a portion of Avienda Parkway, Sunset Trail, and through Outlot C. An 8-inch stub shall be constructed along Sunset Trail to Lyman Boulevard for
future extension to service the existing parcels on Sunset Trail north of Lyman Boulevard. The second sanitary sub-shed will handle sewerage flows from the remainder of the development,
which will eventually tie into the existing sanitary sewer system had from Bluff Creek Boulevard. These public sanitary mains collecting sewerage from this sub-shed will be constructed
under Bluff Creek Boulevard and Avienda Parkway and will consist of 8-inch diameter PVC and shall meet City Standard Specifications.
The applicant and their engineer have been working with staff to ensure the sanitary sewer alignments and their associated structures are designed and constructed to allow for the proper
maintenance and future rehabilitate of the public utility. Ensuring proper location of sanitary lines and manholes is important as the sanitary sewer in portions of this development,
such as along areas in Bluff Creek Boulevard, is relatively deep, approximately 30 feet. Generally, the sanitary utility plans are in conformance with City standards. The applicant
and their engineers shall continue to work with staff in amending the construction plans to fully satisfy staff concerns. Final construction plans will be subject to review and approval
by staff prior to issuance of a Notice to Proceed for construction activities associated with public street and utility improvements.
All sanitary sewer main constructed within the right-of-way in this project shall be publically owned and maintained. Private sanitary mains, demarcated by the right-of-way line, property
line or public drainage and utility easements, must also be constructed to meet the city’s requirements for public utilities. All construction plans shall use the most recent edition
of City Standard Specifications and Detail Plates. The City will provide the applicant’s engineers the appropriate nomenclature for sanitary sewer manholes to be incorporated in the
final plan set.
WATER MAIN
Water main for the development is proposed to connect from a 12” stub under the existing portion of Bluff Creek Boulevard. The developer proposes 12” water main to be extended under
Bluff Creek Boulevard and Avienda Parkway, with an 8” main constructed under Sunset Trail for future extension. A 12” connection from the intersection of Bluff Creek Boulevard and Powers
Boulevard will loop the internal water system. As an 8” main would have been sufficient to supply water to the development, the City will reimburse the developer for oversizing the
water main from an 8” to a 12” trunk water main. The developer will be required to complete the 18” water main loop abutting the north property line along Lyman Boulevard that was previously
stubbed pending future development. The City will work to reimburse the developer for oversizing the water main from an 8” to an 18” trunk water main. Additional water main stubs to
serve the interior of the development have been proposed and shall be provided by the developer
All water main constructed within the right-of-way in this project shall be publically owned and maintained. Private water mains, demarcated by the right-of-way line or property line
and a gate valve, must also be constructed to meet the city’s requirements for public utilities. All construction plans shall use the most recent edition of the City’s Standard Specifications
and Detail Plates. Generally, the water utility plans are in conformance with City standards. The applicant and their engineers shall continue to work with staff in amending the construction
plans to fully satisfy staff concerns. Final construction plans will be subject to review and approval by staff prior to issuance of a Notice to Proceed for construction activities
associated with public street and utility improvements.
STORMWATER
The applicant had submitted a stormwater management report produced by Steven E. Sabraski, P.E. (MN License No. 47165) with Landform, dated May 1, 2020, with the preliminary plat submittal.
The applicant proposed treatment of stormwater runoff with the use of pretreatment devices such as hydrodynamic separators, sump manholes with baffles, or water quality settlement
basins prior to discharge to open air filtration/infiltration basins. As development continues to build-out and as Outlots are re-platted and parcels are developed, the basins will
be converted to underground rock beds with distribution piping to provide the requisite filtration/infiltration capacity. The developer is responsible for long-term ownership and maintenance
responsibilities of all stormwater facilities throughout the entire development, expect for infrastructure located in the public right-of-way. The permanent private stormwater management
BMP’s are to be utilized for treatment of runoff from the public right-of-way. The report provides analysis and modeling results (HydroCAD, P8, etc.) that illustrates the feasibility
of the overall design and meets the most restrictive rules of the underlying jurisdictional bodies (City, Riley Purgatory Bluff Creek Watershed District (RPBCWD), Minnesota Pollution
Control Agency, etc.):
Rate Control – proposed discharge rates do not exceed the existing rates for the 2-year, 10-year, 100-year, 24-hour rainfalls and the 10-day, 100-year snowmelt.
Water Quality – design modeled to illustrate the City’s non-degradation rules are met along with MPCA requirements for removing TSS and TP.
Volume Abstraction – the design abstracts 1.1 inches of runoff from the impervious areas (ultimately 60.81 acres) of the site.
Storm Sewer Pipe – sized adequately to convey for a 10-year storm.
Emergency Overflows – sized adequately for extreme events.
Low Floor Elevations – at least 3.0 feet above the 100-year HWL and 1.5 feet above the emergency overflows.
The applicant has submitted the updated plans to the RPBCWD to ensure their previous approvals from the District are still met. Ultimately, all conditions, comments, and applicable permits
required by the RPBCWD and other underlying jurisdictional bodies shall be adhered to, including Article VII, Chapter 19 of the City Code.
A letter of credit will be required to provide security for the cost of public improvements. Currently, there is a letter of credit in place for the grading permit.
ASSESSMENTS
The home units must pay a water and sanitary service partial hook-up fee at the rate in place at that time when lots and blocks are replatted. The remaining hook-up fees would be paid
with the building permits.
The developer shall work with the Building Department to determine the City SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family
buildings are due with the building permit at the rate in place at that time.
The developer shall escrow any required funds for the installation or improvement of traffic signals as required by Carver County, and based on Carver County’s cost participation policy
as published on their website.
If the proposed plan remains committed to individual landscape islands, then silva cells, engineered soil or other accommodations must be used in order to insure the survival of the
trees. A reuse watering system should be considered to irrigate plantings. With the amount of impervious surface on site, adequate reservoirs of stormwater runoff will exist to serve
the irrigation needs of the site. Foundation plantings will be expected for all buildings on site and residential landscaping requirements will also need to be met for those specific
areas. To meet the design goals as stated in the narrative, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential
areas.
Carver County Comments (from letter dated May 21, 2020)
Carver County has submitted a letter regarding compliance addressing access controls on to county roads. This letter is similar to the letter from the 2017 preliminary approval. The
developer will be required to adhere to the County’s conditions.
Minnesota Department of Transportation (MnDOT) Letter (dated May 20, 2020)
The Minnesota Department of Transportation has submitted a letter regarding compliance with their Noise and Water Resources (drainage requirement). This letter is similar to the letter
from the 2017 preliminary approval. The developer will be required to adhere to MnDOT’s conditions.
Parks and Trails
Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components.
Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface
public trails.
Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District.
Incorporate traffic calming into all pedestrian crossing locations.
Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication.
RECOMMENDATIONS
“The City Council approves the Final Plat creating five outlots and dedication of public right-of-way, as shown in plans prepared by Landform and subject to the following conditions:
Planning Conditions
All conditions of the Preliminary Plat dated July 13, 2020 shall apply to all future phases.
Engineering: Plat Conditions
If subsequent phases require retaining walls, they shall be privately owned and maintained. Condition still applies.
As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify dedicate 10-foot drainage and utility easements abutting all right-of-way
to facilitate a corridor for installation of private utilities such as power, communication, gas, etc. Condition has been modified for clarity and still applies.
Final street construction plans will be subject to review and approval by staff prior to issuance of a Notice to Proceed for construction activities associated with public street improvements.
The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. Condition has been modified for clarity and still
applies.
The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development
will be privately owned and maintained. Condition still applies.
The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The City requires this Ultimate Plan
be constructed at this time, but the roadway can be striped for one-lane only. Condition still applies.
Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly
crossing features to the intersection at Mills Drive and Avienda Parkway. During the re-platting of outlots, the future applicant shall assess and evaluate pedestrian improvements along
public streets to address concerns regarding pedestrian
safety between residential areas and the core business area. Condition has been modified for clarity and still applies.
Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. Condition still applies.
ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per MnDOT standard details. Condition still applies.
Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review and approval of the location of sanitary sewer mains and water mains,
and their appurtenances, will be conducted required prior to final plat and/or permitting issuance of the Notice to Proceed for utility improvements. Condition has been modified for
clarity and still applies.
All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. Condition still applies.
Private sanitary and water mains shall be inspected, in accordance with the requirements of the development contract’s General Conditions, and constructed to meet the City’s requirements
for public utilities. Condition has been modified and still applies.
The developer will be required to complete the 18” trunk water main loop along Lyman Boulevard. Condition has been modified for clarity and still applies.
Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley
Purgatory Bluff Creek Watershed District, prior to construction activities. Condition still applies.
The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. Condition still applies.
The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees
would be paid with the building permits. Condition still applies.
The developer shall work with the Building Department to determine the City’ SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family
buildings are due with the building permit at the rate in place at that time. Condition still applies.
The developer shall adhere to all conditions and comments associated with the Carver County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any
required funds for the installation or improvement of traffic signals as required by Carver County. Condition still applies.
It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver
County, Riley Purgatory Bluff Creek Watershed District, Board of Water and Soil Resources, PCA, etc.). Condition still applies.
A drainage and utility easement shall be placed over any outlots. Condition still applies.
The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the City. Condition still applies.
Engineering: New Conditions Based on Review of Final Plat
The developer shall enter into a Development Contract with the City and pay all applicable fees and securities.
The project shall include street lighting per City Code. Decorative street lights are permissible with a maintenance agreement.
An 8-inch stub shall be constructed from the required 18” main along Lyman Boulevard for future extension to service the existing parcels on Sunset Trail north of Lyman Boulevard.
The City will provide the applicant’s engineers the appropriate nomenclature for sanitary sewer manholes that shall be incorporated in the final plan set.
All easements within proposed public right-of-way shall be vacated prior to, or concurrent with, the recording of final plat.
All proposed public streets shall have a speed limit of 30 MPH except for Bluff Creek Boulevard, a minor collector, which will have a speed limit of 35 MPH.
Snow removal maintenance activities for any sidewalk in the public right-of-way is the responsibility of the abutting property owner.
All public streets and all utilities, both public and private, shall be constructed in accordance with the most recent edition of the City’s Standard Specifications and Detail Plates.
All utilities installed outside the public right-of-way and drainage/utility easements shall be privately owned and maintained. The demarcation of private sanitary mains shall be
at the right-of-way or easement line, the demarcation of private water mains shall be at the right-of-way line with the installation of a gate valve.
Prior to any grading activities commencing, all conditions of approval associated with the grading permit dated May 24, 2021 shall be met.
No construction traffic shall be allowed from existing Bluff Creek Boulevard. Construction traffic routes and haul routes shall be provided to the City for review and approval prior
to issuance of the Notice to Proceed for street and utility improvements.
The design and construction of Bluff Creek Boulevard is the responsibility of the Developer and must meet State Aid Standards. MSA-approved roadway plans must be provided.
The City is in process of applying for a funding grant (TEDI) from the State of Minnesota DEED. If successful, the grant funding dictates that Bluff Creek Boulevard (excluding subgrade
earthwork and sanitary sewer/water main utilities) would need to be a City-led improvement project and thus will need to be contracted by the City via a traditional sealed public bid
process. No work pertaining to the construction of Bluff Creek Boulevard may begin until the results of the grant application are known, unless otherwise approved by the City.
Landscaping
Parking lot islands shall be linear areas incorporating planting area and stormwater management.
If the applicant chooses to install the minimum requirement sizes of parking lot landscaped islands, then silva cells, engineered soil or other accommodations must be used.
No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species.
A reuse watering system should be considered to irrigate all plantings within the site.
Drought tolerant plants shall be incorporated into the overall landscape plan.
Proposed landscaping plant materials shall be selected based on site conditions.
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