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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2003- 040 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT PLAN, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR WHISTLING VALLEY WHEREAS, at the February 4, 2003 meeting, the Lake Elmo City Council approved the Open Space Concept Plan from Bald Eagle Development and David Sorenson to develop a parcel of 58 acres with 19 single family detached building sites. WHEREAS, the Lake Elmo Planning Commission at a Public Hearing held April 14, 2003, reviewed and recommended approval of the Open Space Preservation Development Stage Plan, Preliminary Plat, and Conditional Use Permit for "Whistling Valley ", based on the following findings: I. The documentation submitted in support of the OP Development Stage Plan and Preliminary Plat is substantially complete, as prescribed by the OP Ordinance and the Subdivision Ordinance, 2. The Development Stage Plan is consistent with the purpose of the Open Space Preservation Ordinance; and the Preliminary Plat substantially complies with the standards of the Subdivision Ordinance. 3. The OP Development Stage Plan is consistent wit the goals, objectives and policies of the Comprehensive Plan. 4. The OP Development Stage Plan does not completely respond to the conditions of the OP Concept Plan approval Resolution 2003 -009. Specifically, the applicant has not provided detailed plans for treatment of the 100 foot buffer at the west periphery of the site that would result in permanent year round screening of the homes to be constructed on the site from the adjacent parcels to the west that are not eligible for OP development. 5. The Washington County request for additional ROW dedication along 10`h Street North (County Road 10) should not adversely impact the Plan, and should be a condition of approval. No deduction from Preserved Open Space should result from this ROW dedication. 6. The standards and findings required precedent to approval of a Conditional. Use Permit in the context of an Open Space Preservation Development are met, subject to conditiond related to No. 4 and No. 5 above.