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9) The applicant shall update all of the landscaping and construction plans to reflect the <br />updated site plan that includes a public right-of-way within the project area. These <br />updated plan shall be subject to review and approval by the City Engineer. <br /> <br />10) Although the updated site plan does not incorporate a private street, any request for <br />flexibility from City regulations and standards must be considered and addressed as part <br />of the final plat submission. <br /> <br />11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a <br />minimum, the northern portion of 5th Street if a joint construction project between the <br />applicant and Ryland Homes does not proceed in advance of a final plat submission for <br />the applicant’s site. <br /> <br />12) The architectural covenants for the homeowner’s association shall include provisions that <br />discourage blank garage doors. All garage doors shall incorporate windows or decorative <br />trim to minimize the visual impact of the garage-forward home design. <br /> <br />13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, <br />the Developer shall enter into a Developers Agreement acceptable to the City Attorney <br />that delineates who is responsible for the design, construction, and payment of public <br />improvements. <br /> <br />14) The site plan and construction plans shall be revised to include a sidewalk along at least <br />one side of all streets within the subdivision. <br /> <br />15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee <br />Schedule for the entire development prior to the release of the final plat for recording, <br />regardless of project phasing. <br /> <br />16) The developer shall secure a written grading agreement from Excel Energy concerning <br />the proposed grading activity underneath an existing power line easement across the <br />property prior to submission of a final plat. <br /> <br />Passed and duly adopted this 21st day of July 2015 by the City Council of the City of Lake <br />Elmo, Minnesota. <br /> <br /> <br /> ___________________________________ <br />Mike Pearson, Mayor <br />ATTEST: <br /> <br /> <br />____________________________________ <br />Julie Johnson, City Clerk