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HomeMy WebLinkAbout#18 Inwood 4th Final Plat 10.18.16 CMAYOR AND COUNCIL COMMUNICATION DATE: 10/18/2016 CONSENT ITEM #: 18 AGENDA ITEM: Inwood 4th Addition Final Plat and Final Planned Unit Development Plans SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Emily Becker, City Planner Mike Bent, Building Official Greg Malmquist, Fire Chief Sarah Sonsalla, City Attorney BACKGROUND: M/I Homes of Minneapolis./St. Paul (Hans Hagen Homes) is requesting final plat and final PUD (planned unit development) plans for Inwood 4th Addition. The Inwood 4th Addition final plat and PUD plans is the replat of f Outlot B, Inwood into 38 single family lots and corresponding right-of-way. ISSUE BEFORE COUNCIL: The City Council should consider approval of Resolution 2016-90 approving the Inwood 4th Addition final plat and PUD plans with associated conditions of approval. PROPOSAL DETAILS/ANALYSIS: M/I Homes of Minneapolis./St. Paul (Hans Hagen Homes) is requesting final plat and final PUD (planned unit development) plans for Inwood 4th Addition. The Inwood 4th Addition final plat and PUD plans is the replat of the 10.91 acre Outlot B, Inwood into 38 single family lots and corresponding right-of-way. The final plat and PUD plans are in substantial conformance with the approved preliminary plans. The Planning Commission is recommending that the City Council approve a Final Plat and Final PUD request from M/I Homes of Minneapolis./St. Paul (Hans Hagen Homes) for Final Plat and PUD plans for 38 single-family lots and corresponding right-of-way. Public Hearing. The Planning Commission held a public hearing to consider the final plat at its October 10, 2016 meeting. At the public hearing, a number of residents expressed frustration over the construction traffic and the need for another access such as the completion of Island Trail to City Council Meeting October 18, 2016 Regular Agenda Item #18 Page 2 10th Street. John Rask, the Developer, spoke and explained the reasons for the phasing is to stage the utility construction and that Inwood 4th Addition is needed in order to construct the sanitary sewer. Inwood 5th Addition will be finalized over the winter and will also be constructed next summer at the same time as the 4th Addition which is needed to construct storm sewer. Both of these projects are needed in order to complete Island Trail to 10th Street North. John Rask also pointed out that Inwood 4th Addition will be different than previous phases in that there will be full basements, some walk-out lots and a few new housing products introduced and some with slightly higher price point. The Planning Commission recommended approval with a 6-0 vote. FISCAL IMPACT: The City Council will be asked to review a developer’s agreement concerning the final plat which will include a detailed accounting of any development costs that will be the responsibility of the City. OPTIONS: The City Council must approve the final plat if it is found to be in substantial conformance with the preliminary plat. RECOMMENDATION: The Planning Commission and Staff are recommending that the City Council approve the final plat for Inwood 4th Addition PUD with the following suggested motion: “Move to adopt Resolution No. 2016-90 approving the final plat for Inwood 4th Addition planned unit development.” ATTACHMENTS: 1. Resolution No. 2016-90 approving Inwood 4th Addition final plat and PUD plans 2. Planning Commission packet, October 10, 2016 3. Planning Commission minutes, October 10, 2016 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-90 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE INWOOD 4TH ADDITION PLANNED UNIT DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN (“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for InWood 3rd Addition; and WHEREAS, the Lake Elmo City Council considered and approved the InWood PUD General Concept Plan on September 16, 2014; and WHEREAS, the Lake Elmo City Council approved the InWood Preliminary Plat and Preliminary PUD Plan on December 2, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2016-90 on October 18, 2016 approving the Final Plat and Final PUD for InWood 4th Addition; and WHEREAS, a condition of approval of said Resolution 2016-90, establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer’s Agreement was submitted to the City Council for consideration at its October 18, 2016 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Inwood 4th Addition PUD and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 18th day of October, 2016 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk PUBLIC HEARING ITEM 4a PLANNING COMMISSION DATE: 10/10/16 AGENDA ITEM: 4A– PUBLIC HEARING ITEM CASE # 2016-38 ITEM: Inwood 4th Addition Final Plat and Final Planned Unit Development Plans SUBMITTED BY: Stephen Wensman, Planning Director REVIEWED BY: Jack Griffin, City Engineer Emily Becker, City Planner SUMMARY AND ACTION REQUESTED: M/I Homes of Minneapolis/St. Paul (Hans Hagen Homes) is requesting approval of Final Plat and Final Planned Unit Development (PUD) Plans for Inwood 4th Addition to create 38 single family lots. Staff is recommending the Planning Commission recommend approval of the request subject to the conditions listed in this report. GENERAL INFORMATION Applicant: M/I Homes/Hans Hagen Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN Property Owners: M/I Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN Location: Outlot B, Inwood 1st Addition. PID#: 330.292.114.0030 Request: Application for Final Plat and Final PUD approval of a 38 unit residential subdivision to be named Inwood 4th Addition. Existing Land Use and Zoning: Vacant land –within Inwood Final Plat area. Current Zoning: PUD/LDR – Low Density Residential Surrounding Land Use and Zoning: Surrounded by residential lots to the north (vacant) and west, parkland to the east and parkland and 5th Street to the south, all within Inwood. . Comprehensive Plan: Urban Low Density Residential (2.5 - 4 units per acre) History: The City Council approved the general concept plan for the Inwood on September 16, 2014, the preliminary plat on December 2, 2014 and the Final Plat on May 19, 2015 for phase 1. Inwood 2nd was approved on 9/1/15, Inwood 3rd was approved on 4/19/16. Deadline for Action: Application Complete – 9/1/2016 60 Day Deadline – 10/31/2016 Extension Letter Mailed – No 120 Day Deadline – 12/30/16 2 BUSINESS ITEM 4a Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) Article 16 – Planned Unit Development Regulations §150.270 Storm Water, Erosion, and Sediment Control REQUEST DETAILS M/I Homes/Hans Hagen Homes is requesting Final Plat and Final Planned Unit Development (PUD) approval of Inwood 4th Addition, replat of Outlot B, Inwood 1st Addition. The final plat will result in 38 single family lots on 10.91acres. The final plat will have a gross density of 3.5 (DUA) dwelling units per acre compared to the overall Inwood gross density of 2.7 DUA. The Net density is 3.5 DUA as there are no ponds, wetlands, collector roads or parkland in the 4th phase. Lot widths vary from 64.3 feet to 105 feet and lot sizes vary from 8,171 sq. ft. to 13,650 sq. ft., consistent with the preliminary plat and the LDR – Urban Low Density Residential zoning requirements. Plat Summary: Development area (Outlot B): 10.91 acres Total lot area: 8.4 acres Residential lots: 38 R/W area: 2.51 acres Average lot size: .22 acres Gross density: 3.51 dwelling units per acre Net density: 3.51 dwelling units per acre There is no parkland dedication in this phase. All parkland dedication was dedicated with the first phase. No trails are proposed with this plat, however condition of the 3rd Addition final plat was that the surrounding trails be installed prior to issuance of building permits. The trails have been constructed including the east-west trail to the north of this phase of the plat. The previously dedicated parkland is located between this plat and 5th Street. Street access to the park will be from Ivywood Ave or Ivywood Lane (or new name given to these streets). The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval. A final plat can only be approved if it is in substantial conformance with the approved preliminary plat and if in conformance it must be approved. Staff has reviewed the final plat and found that it is consistent with the preliminary plat. The developer will need to follow all approved development and construction plans for Inwood 4th Addition. REVIEW AND ANALYSIS Staff has reviewed the final plat and final PUD development plans and has identified a number of issues that need to be addressed prior to recoding the final plat. A summary of the issues are as follows: Landscape Plans. Staff has reviewed the landscape plans and has the following comments: • The landscape plans/utility plans must be revised to maintain 10 foot offset between trees to utilities. As proposed there are multiple conflicts with the boulevard trees being placed too close to water/sewer service stubs. Also Lots s 5 and 6, Block 1 have trees located over a 3 BUSINESS ITEM 4a stormsewer pipe. These trees need to be relocated to the lot side of the sidewalk outside the 10’ drainage and utility easement or in the easement with approval of the City after staking. • Add plan note to the landscape plans to require all trees to be field located and approved by the city prior to planting trees. • Remove plan note #3 on sheet L2. Tree installation is required as part of the developer installed improvements. • Revise plan note #7 on sheet L2 as follows; “Trees may be adjusted with prior city approval to accommodate final home plans and driveway locations.” • One irrigation service is proposed from Ivywood Avenue to the proposed Park. Location must be reviewed and approved by Planning/Public Works prior to installation. The City of Lake Elmo Irrigation service detail must be on the landscape plans. Engineering Review. The City Engineer has reviewed the final plat submittal and has prepared a memorandum for the Commission and Council’s review. The comments in the City Engineer’s review memorandum dated September 28, 2016 should be addressed prior to releasing the plat for recording. Preliminary Plat Conditions. The Inwood 4th Addition final plat is in conformance with the preliminary plat. The preliminary plat and PUD plans for Inwood were approved with conditions. From that preliminary plat approval, the following conditions remain outstanding (Staff has provided comments related to each condition in bold italics): 1) The applicant shall work with Community Development Director to name all streets in the subdivision in a manner acceptable to the City prior to the submission of final plat. The Planning Department had named all streets within the entire plat, however, the City is in the process of revising its street naming policy. Based on discussions with the City Council, the Council may want to provide guidance on street names within the plat. Based on discussions, Staff is recommending renaming the new road Ivywood Circle North. 2) The preliminary landscape plan shall be updated to address the review comments from the City’s landscape architecture consultant as noted in a review letter dated November 18, 2014. The preliminary landscape plan has been updated and Phases 1 – 3 have been approved. The landscape plan for phase 4 is consistent with the preliminary landscape plans except as noted below. 10) All center median planting areas as depicted on the preliminary plat and plans shall be owned by the City of Lake Elmo and maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park, trails, or open space on the final plat. There is no signed maintenance agreement for the 4th phase. An approved and executed landscape license agreement shall be required prior to the release of building permits in the 4th phase. 18) The developer shall install a multi-purpose trail along 10th Street between “Street B” and Inwood Avenue. This condition will be addressed in a future phase. Any conditions that would still apply to Inwood 4th addition are included as part of the Staff recommendation below. 4 BUSINESS ITEM 4a RECOMMENDED CONDITIONS OF APPROVAL: Staff is recommending conditions as part of this final plat review to address issues highlighted in this report that include conditions of the preliminary plat that have not been fully addressed by the applicant. The City Engineer’s review memorandum dated September 28, 2016 identifies a number of issues that need to be addressed by the developer in order for the City to deem the final plans complete. Based on the above Staff report and analysis, Staff is recommending approval of the final plat and final PUD development plans for Inwood 4th Addition with the following conditions: Recommended Conditions of Approval: 1) All easements as requested by the City Engineer or Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 2) All conditions/comments from the City Engineer’s review memorandum dated September 28, 2016 be complied with prior to the execution of the final plat by City Officials. 3) That the Landscape Plans be revised to address the Planning and Engineering review comments prior to recording the final plat. 4) That the 5th Street Irrigation water service be installed with the 4th Addition improvements consistent with the Landscape Specifications for 5th Street, and that the City’s standard water service for irrigation detail be added to the final landscape plans. 5) A Common Interest Agreement concerning management of the common areas of Inwood 4th Addition and establishing a homeowner’s association shall be submitted in final form to the Planning Director before a building permit may be issued for any structure within this subdivision. 6) That the new street in the final plat be named Ivywood Circle North. 7) The applicant shall also enter into a landscape license agreement and maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Inwood 4th Addition Final Plat: • That all the requirements of City Code Section 153.08 related to the Final Plat have been met by the Applicant. • That the proposed Final Plat for Inwood 4th Addition consists of the creation of 38 single- family detached residential structures. • That the Inwood 4th Addition Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2, 2014. 5 BUSINESS ITEM 4a • That the Inwood 4th Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the Inwood 4th Addition Final Plat generally complies with the City’s Urban Low Density Residential zoning district except as previously approved as part of the Inwood PUD. • That the Inwood 4th Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as previously approved as part of the Inwood PUD. • That the Inwood 4th Addition Final Plat complies with the City’s subdivision ordinance. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Inwood 4th Addition Final Plat with the 7 conditions of approval as listed in the Staff report. Suggested motion: “Move to recommend approval of the Inwood 4th Addition Final Plat with 7 conditions of approval as drafted by Staff based on the findings listed in the Staff Report.” ATTACHMENTS: 1. Application Forms and Narrative 2. Inwood 4th Addition Final Plat 3. Inwood 4th Addition Final PUD Plans SUGGESTED ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Public Comments ............................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members     PAGE 1 of 1  MEMORANDUM         Date:  September 28, 2016      To:  Stephen Wensman, City Planner  Re:  Inwood 4th Addition – Final Plat   Cc:  Chad Isakson, P.E., Municipal Engineer    Engineering Review Comments  From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for the Inwood 4th Addition. Final Plat/Final Construction Plans were  received  on  August  17,  2016.  The  submittal  consisted  of  the  following  documentation  prepared  by  Carlson‐ McCainst, Inc. or as noted:     Inwood Fourth Addition Final Plat, dated August 8, 2016.   Inwood 4th Addition Street and Utility Construction Plans dated July 20, 2016.   Inwood 4th Addition Specifications dated July 20, 2016.   Inwood 4th Addition Landscape Plans dated August 9, 2016.      STATUS/FINDINGS:   Engineering review comments have been provided in two separate memos; one for Final Plat  approval consideration, and one to assist with the completion of the final Construction Plans.  Please see the  following review comments relating to the Final Plat application.      FINAL PLAT: INWOOD 4TH ADDITION   Final  Construction  Plans  and  Specifications  must  be  revised  in accordance  with  the  Construction  Plan  engineering review memorandum dated September 28, 2016.    Final Construction Plans and Specifications must be prepared in accordance with the City Engineering  Design Standards Manual using City details, plan notes and specifications and meeting City Engineering  Design Guidelines.   All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Plat prior to the release of the Final Plat for recording.   All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Construction Plans.    FINAL CONSTRUCTION PLANS & SPECIFICATIONS   No construction for Inwood 4th Addition may begin until the applicant has received City Engineer approval  for  the  Final  Construction  Plans;  the  applicant  has  obtained  and  submitted  to  the  City  all  applicable  permits, easements and permissions needed for the project; and a preconstruction meeting has been held  by the City’s engineering department.   The Final Plat shall not be recorded until final construction plan approval is granted.   A  separate  memorandum  will  be  provided  to  direct  additional  plan  corrections  necessary  for  final  construction plan approval.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261 Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283  From:Rob Weldon To:Stephen Wensman Subject:Inwood 4th review Date:Friday, September 02, 2016 11:39:11 AM Steven,   There are a couple changes we would like to see to the water and street plans.   Water – Add a 12” gate valve on the north side of Ivywood Ave. at its intersection w/ Ivywood Ln.  As the current plans show, we would be shutting water off to the entire addition it work/repairs would be needed in the area from 5th St. north to were the 12” main ties in from the easement on the west.  Adding this valve would help us isolate the area and better control water flowage.   Streets – R8-3 No Parking (symbol) signs shall be 18”x18”.  This is the size we currently stock and prefer to stay with.   Another point of concern and question is the size of trees being proposed for boulevard landscaping.  We would like to stay away from trees that will grow to a size that impacts traffic flow and creates damage to streets, curbs and walks.   Thanks! Rob   Rob Weldon Public Works Director City of Lake Elmo 651-747-3941 rweldon@lakeelmo.org     ofINWOOD 4TH ADDITION Lake Elmo, Minnesota f:\jobs\5161 - 5180\5172 - lake elmo property\cad\engineer\final utility phase 4\5172_utility.dwgSave Date:07/20/16 environmental engineering surveying · · · Print Name: Signature: Date:License #: Drawn: Designed: Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota 07/20/16 ADB 07/20/16 Brian J. Krystofiak, P.E. 25063 BJK M/I HOMES 941 NE Hillwind Rd., Suite 300 Fridley, MN 55432 11 3890 Pheasant Ridge DR. NE, Suite 100 Blaine, MN 55449 Phone: (763) 489-7900 Fax: (763) 489-7959 www.carlsonmccain.com 4Revisions: 1.SANITARY SEWER & WATER MAIN 1035 1030 1025 1020 1015 1010 1005 1000 995 IVYWOOD LANE 1035 1030 1025 1020 1015 1010 1005 1000 Lake Elmo Planning Commission Minutes; 10-12-16 City of Lake Elmo Planning Commission Meeting Minutes of October 10, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Fields, Dodson, Williams, Dunn, Kreimer, and Lundquist COMMISSIONERS ABSENT: Haggard, Larson & Griffin STAFF PRESENT: Planning Director Wensman Approve Agenda: M/S/P: Lundquist/Dodson, move to approve the Agenda as amended, Vote: 6-0, motion carried Unanimously. Approve Minutes: September 26, 2016 M/S/P: Dodson/Fields, move to approve the September 26, 2016 minutes as amended, Vote: 6-0, motion carried Unanimously. Public Hearing – Inwood 4th Addition Final Plat Wenman started his presentation for Inwood 4th Addition Final Plat which includes 38 single family homes. Wensman went through some background regarding the development. There is parkland that is adjacent to this phase. This phase is 10.91 acres for 38 single family lots. The lot sizes vary from 8171 sq ft to 13,650 sq ft. and lot widths are 64.3 to 105 feet. The landscape plans are consistent with approved plans, the city still needs some information for the irrigation system. There are 3 conditions from the Preliminary Plat that are not met. Condition #1) the street naming policy changes, and staff is recommending that the new road be named to Ivywood Circle N condition # 10) there is no maintenance agreement for phase 4 which will be required before the release of building permits #18) the developer shall install a multi-purpose trail along 10th Street. This condition will be met in a future phase. There are 7 findings of fact for approval. Staff is recommending 7 conditions of approval which include complying with the engineers memo, landscape licensing agreement, a CIC Homeowners agreement, etc. 2 Lake Elmo Planning Commission Minutes; 10-12-16 Kreimer asked if there would be water service in the park. The public works department and Engineering has been in communication with the developer to find the best location for the stub. John Rask, MI Homes, they are phasing south to north based on where the water and utilities are coming from. This phase will have full basements and larger lots, but will be part of the overall HOA. Kreimer asked if the same style homes will be built. Rask stated that some will be walk- outs, there will be 2 additional style homes, but many will be similar. Public Hearing opened at 7:21 pm Alan Stocker, 8680 Upper 7th Place, he is wondering about the completion of Island Trail through to 10th Street. All of the construction traffic comes right through their neighborhood. They were led to believe that Island Trail would go through to 10th Street. Wensman stated that this phase was not platted to include that road. The road is intended to be platted in the next phase. Rask explained how the sewer and storm water works for this development and that to make the connection, the other loop needs to be made. It is more of a sequencing thing. Utilities and infrastruction are dictating the phasing. The road connection is anticipated to be opened up in the Spring. They have started to work with Washington County to work out the details. Lisa McGinn, 8756 Upper 7th Place N, they were all told that once the construction went through the first 4 cul-de-sacs, the construction traffic would come from the north for the next phase. There are children, buses, disabled, etc and there have been some circumstances where there have been some near misses. She is wondering why they can’t use the construction road coming off of Inwood where it would not affect any of their homes, or not to start construction until they can put that road through to give this neighborhood relief. Williams is wondering about where the construction access is located. Lisa McGinn stated that she believes it is 9th Street and there are currently construction trailers there. Mike McGinn, 8756 Upper 7th Place N, he understands that it may be inconvenient and expensive, but he feels construction access is separate from sewer access and is typical for large construction sites. They could fence off the area so that you would not have residential traffic or speculative traffic. He feels that it would be a reasonable accommodation for the residents living there. 3 Lake Elmo Planning Commission Minutes; 10-12-16 There were no other written or electronic comments received Public hearing closed at 7:38 pm Williams is not sure how they can legally tie another construction access to this plat. Wensman stated that he would defer to the developer. He does not feel that they can tie it to this plat. M/S/P: Williams/Dodson, move to recommend approval of the Inwood 4th Addition Final Plat and PUD with the findings and 7 conditions of approval drafted by staff and listed in the Staff Report, Vote: 6-0, motion carried. Fields would like to hear from the developer to see if they are willing to do anything to accommodate the traffic issues. Rask stated that they are not starting this addition this year. This addition will probably coincide with the Island Trail road access. They are working with the County to work through some issues regarding this. The construction access previously talked about is a restricted access that they were granted early on and was intended to be that in between access point before roads were built. Public Hearing – Wildflower 2nd Addition Final Plat and Final PUD Plan Wensman started his presentation for the Wildflower 2nd addition final plat and final PUD plans. Wensman gave the background regarding the development. The lot area is 4.4 acres for 20 residential lots (10 villa and 10 regular). Average garden villa lot is .16 acres and average single family lot is .29 acres. The landscape plans are not approved yet, but will be required before building permits are issued. Wensman brought up an issue that was discovered with the development. The PUD agreement was written that the sideyard setback is from a public street vs. from a property line. For this phase, he clarified the language to “from the property line”, but shrunk the setback to 10 feet, specifically for Lot 1 Block 3 and Lot 4, Block 3. Parking has been an issue for this development during construction, so the engineer is asking for designated allowed construction parking for this development. There is an unmet condition that there be a recorded landscape license agreement to include the public art. Wensman went through the findings for approval. There are 9 conditions of approval which include the CIC agreement, landscape/public art agreement, street B be to be named, 15’ setback, etc. Lundquist brought up the water problem at 43rd Street and Lake Elmo Ave. She feels that it is because the landscaping for first addition was not done correctly. There is a berm that isn’t built high enough so that what used to be a marsh is now a lake and is