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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA - _ - RESOLUTION _NO.2024-093 RESOL UTIONAPPR 0 VING THE HIGHPOINTE CROSSING PRELIMINARY PLAT AND OPEN SPACE PLANNED UNIT DEVELOPMENT (OP P UD) PLANS WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing - under--the-laws-of the -State-of -Minnesota. -and -- - -- ------ -- - -- -- - - ---- - - WHEREAS, Rachel Development, Inc. (the "Applicant") submitted an application to the City of Lake Elmo for a preliminary plat and open space planned unit development (PUD) called Highpointe Crossing, for the property legally described on the attached Exhibit A (the "Property"), a copy of the preliminary plat and OP PUD is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2024 to review and consider the preliminary plat and OP PUD; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and 4-1 recommendation of denial of the preliminary plat and OP PUD to the City Council as part of a staff report dated August 20, 2024; and WHEREAS, the City Council considered the preliminary plat and OP PUD at its August 209 2024, meeting and hereby makes the following findings of fact: 1. That the preliminary plat and OP PUD plan is consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area. 2. That the preliminary plat does not meet the conditions for denial established in City Code Section 103.00.090 (d)(2) and that the preliminary plat generally complies with the City's subdivision regulations and design standards. 3. That the preliminary OP PUD Plan meets the minimum requirements for an OP PUD identified in Section 105.12.1030, uses allowed within OP PUDs in Section 105.12.1040, and OP PUD review criteria in section 105.12.1070. 4. That the preliminary plat and OP PUD plan complies with the general intent of the City Code sections 105.12.1050 and 105.12.1060, relating to Open Space Planned Unit Development performance standards, with the flexibilities identified and approved by the City Council. 5. That the preliminary plat generally complies with the City's Zoning Code. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Highpointe Crossing preliminary plat and PUD subject to the following conditions: