HomeMy WebLinkAboutPZ Agenda; 7-22-19 THE CITY OF
LAKE ELMO 3800 Laverne Avenue North (651) 747-3900
Lake Elmo, MN 55042 www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday July 22, 2019
at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. July 8,2019
4. Public Hearings
a. None
5. New Business
a. Election of a Vice Chairperson
b. Subdivision Ordinance Update
6. Communications/Updates
a. City Council Update—July 16,2019
b. Staff Updates
c. Upcoming Meetings:
1. August 12,2019
2. August 26,2019
7. Adj ourn
***Note:Every effort will be made to accommodate person or persons that need special considerations to attend this
meeting due to a health condition or disability.Please contact the Lake Elmo City Clerk if you are in need of special
accommodations.
'Il Ili CITY OF
LAKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of July 8, 2019
The meeting was called to order by Vice Chairperson Weeks at 7:00 p.m.
COMMISSIONERS PRESENT: Cadenhead, Hartley, Holtz, Risner, Steil and Weeks
COMMISSIONERS ABSENT: Johnson
STAFF PRESENT: Planning Director Roberts
Approve Agenda:
M/S/P: Risner/Hartley move to approve the agenda as submitted, Vote:6-0, motion
carried unanimously.
Approve Minutes:
M/S/P: Hartley/Risner, move to approve the May 29, 2019 minutes as submitted, Vote:
6-0, motion carried unanimously.
M/S/P: Hartley/Steil, move to approve the June 24, 2019 minutes as submitted, Vote:6-
0, motion carried unanimously.
Public Hearing—
Planned Unit Development (PUD) Concept Plan Review—39' Street Senior Housing
Roberts presented the PUD Concept Plan. He explained that the applicant is applying
for a PUD to allow for multiple buildings on one site and to allow additional units, they
will be applying for amenity points to reach the proposed density. Roberts mentioned a
couple site design concerns about the location of pedestrian traffic and limiting the site
to one driveway. Roberts stated the watershed district has not commented yet.
Holtz asked about the 90 percent opaque screening requirements adjacent to
residential properties. Roberts explained that it is determined by the site and the
landscape architect.
Risner asked about the maximum building height, related to an email the Commission
received. Roberts explained that the maximum height is 35 feet and in a PUD can be up
to 45 feet. The applicant explained the height would be similar to the Arbor Glen
building.
Lake Elmo Planning Commission Minutes; 7-8-19
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Matt Frisbee, the applicant, explained the potential site change to keep the driveway on
the east. He also explained the number of units is half the number of units in the Arbor
Glen building. Frisbee stated that Ebenezer will be managing both sites and that there is
some shared ownership between the two sites.
The Commissioners had questions about the snow load and removal of the snow from
property and pervious pavement.
7:30 pm— Public Hearing Opened
Weeks summarized the emails that were submitted to staff.
Chris Goodman—4008 Lady Slipper Rd —discussing the height of the building and the
tree buffer
Nick Hage—discussing the three story height of the building and maintaining the tree
buffer
No one from the audience spoke.
7:32 pm— Public Hearing Closed
Weeks mentioned that she liked the look of the development with the independent
units. She mentioned her agreement with the City Engineer about the ponding and run
off, with the fire chief regarding access to the rear of the building, and with emails
regarding maintaining the existing tree line.
Hartley discussed height and suggested that a condition be placed on maintaining the
mature trees at the rear of the property. Cadenhead I suggested that a hard line would
not be ideal since there is no guarantee that some of the trees will not be damaged
during construction and that maybe requiring replacement in kind would be better.
Roberts added that trees to be retained would be fenced for protection.
Risner asked about the age of the residents and suggested the fit with the type of
housing next to Arbor Glen and heights of the houses behind the property.
Hartley mentioned that there could easily be one spouse in the memory care and the
other living in the independent living units. He also brought up the concept of density in
comparison to Wildflower.
Holtz suggested that the location, near Lake Elmo Avenue and along 391" is a good
location for higher density since vehicles would not be driving through residential
neighborhoods.
M/S/P: Steil/Cadenhead made a motion to recommend approval of the PUD Concept
Plan as requested by Matt Frisbee (Ayers Associates) for PID# 13.029.21.22.0013 for the
Lake Elmo Planning Commission Minutes; 7-8-19
3
project to be known as the 391h Street Senior Living, subject to the conditions of
approval listed by staff. Vote: 6-0, motion carried unanimously.
Public Hearing—
Rural Zoning Districts Off-Street Parking and Storage Ordinance update
Roberts presented the proposed changes to the ordinance.
M/S/P: Hartley/Cadenhead to recommend approval of the changes to the ordinance as
presented by staff. Vote: 6-0, motion carried unanimously.
Public Hearing—
Rural Zoning Districts Accessory Building Size Limits Ordinance update
Roberts explained that Council liked the idea of a possible code amendment for the size
and number of accessory buildings in the smaller lots in the rural districts. Council and
staff support the proposed change to allow attached garages to not be included in the
accessory structure limitations. All existing setback and lot coverage requirements
would remain.
Weeks stated she would not be in support of the change in the code since it limits the
properties that cannot have an attached garage. She does not support the limit of 1000
square feet. Others were supportive of the concept that the proposal is too restrictive
and that different sizes would limit the requests for variances.
M/S/P: Holtz/Cadenhead to recommend approval of the changes to the ordinance with
the following changes: Under 1 acre remain at 1200 square feet, 1 to 2 acres 1500
square feet, 2 to 5 acres 1750 square feet, item B is struck from the ordinance, other
section letters updated due to removal. Vote: 6-0, motion carried unanimously.
City Council Updates—July 2, 2019
1. Minimum Lot Sizes in Medium and High Density Residential Zones was continued
to the August workshop meeting. A couple council members have concern with
removing the minimum lot size that the City could lose control of density.
2. Comprehensive Plan 2040 update is almost complete and is expected to be
submitted to the Met council by the Planning Consultant this week.
Staff Updates
1. Upcoming Meeting
a. July 22, 2019— no current applications, staff has identified needed
changes in the subdivision ordinance to be considered by the PC.
b. August 12, 2019—a developer may be bringing in an application for a
Kwik Trip for the property at the intersection of Inwood Avenue and 5tn
Street N.
Lake Elmo Planning Commission Minutes; 7-8-19
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Meeting adjourned at 8:30 pm.
Respectfully submitted,
Tanya Nuss
Permit Technician
Lake Elmo Planning Commission Minutes; 7-8-19
THE CITY OF
LAKE ELMO
STAFF REPORT
DATE: July 22,2019
REGULAR
ITEM#:
MOTION
TO: Planning Commission
FROM: Ben Prchal, City Planner
AGENDA ITEM: Lake Elmo Subdivision Code
REVIEWED BY: Ken Roberts,Planning Director
BACKGROUND:
The Planning Commission work plan requires Staff to prepare code amendments as necessary keep pace with the 2040
Comprehensive plan. Furthermore,there are some aspects of the subdivision code that could be amended to encourage
a functional development review process.
ISSUE BEFORE THE COMMISSION:
Does the Commission have comments pertaining to the amended subdivision code?
REVIEW AND ANALYSIS:
At this point in the review process,the Parks Commission has had the opportunity to review the code for all items
pertaining to park dedication. Their recommended amendments are incorporated into Section 154.15 of the attached
subdivision code. At this point many of the proposed amendments will appear to be grammatical and not as significant
in terms of function. However,there is a significant change in Section 154.10 Final Major Subdivisions, (B)Review
of Final Plat. The significance of this proposed change is that the Planning Commission would no longer review final
plats. The Commission would only review a final plat if it is substantially different than what had been approved
through the preliminary plan approval. The justification for this is that the City cannot apply more restrictive
conditions or deny a phase of development if it matches what had been approved with the preliminary plat review. As
long as the proposed final plat matches approval, Staff does not necessarily see a reason for the Commission to review
the plan as well. The proposed change is listed below:
(3) Planning Commission action. After--r-ey ew of the final plat by the staff the DI.�ming r,.,,.missio shag r-eview
the final plat for-sttbstanfial eemplia-nee with the approved preliminary plat and make recon-Anendation to Getmeil.
The Planning Commission shall only review final plats if there is a substantial change from what had been approved
for the Preliminary Plat.
Park Dedication Review:
For the Park Commission Staff tried to focus their attention on the park related components of the code. To break it
down the Parks Commission reviewed dedication because of two new zoning classifications that were added to the
zoning code,which are Mixed Use Commercial(MU-C) and Mixed Use Business (MU-BP). Staff was uncertain of
how to appropriately apply the existing fee structure for park dedication to these two districts. The Parks Commission
recommends the amendments and although Staff recommended a$5,000 dedication requirement per acre for
commercial development,which is up from current collection of$4,500 per acre the Parks Commission felt that the
amount could be increased further. Staff informed the Parks Commission a more detailed look into the collection
amount would happen to see if a further increase could be justified. Staff would like a brief discussion on the
commercial park dedication requirement with the Planning Commission.
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Existing Fee Structure
Zoning Districts Hininnun Required land Dedication
RS,V-LDR,GCC,LDR,MDR,HDR 10%
RE and OP Development 7%
RR and AG 4%
C,CC,LC.GP,BP,VMX Fees as set by Council resolution $4,500/acre
Proposed Fee Structure
Zoning Districts Minimum Required Land
Dedication
V-LDR,GCC,LDR,MDR,HDR, 10%
RS,AG,RE,RR(Rural Districts) 5%
F
CC,LC,BP,VMX,MU-BP,MU-C Fees as set by Council
nor Subdivisions resolution a
a. A 10% land or cash charge is only applied if a residential component is incorporated into the
development/subdivision. However,the 10%charge does not apply to a minor subdivisions.
(D) Trails. Trails constructed by a subdivider within dedicated public open space having at least 30 feet of width are
eligible for park credit. The maximum amount of trail dedication credit shall not exceed 25%of the total required park
dedication. To receive credit for a trail,there must be a through public trail connection to the larger Lake Elmo or
Washington County trail network. If the proposed trails are not able to connect to existing trails,they must be installed
in a way that would provide a connection to future trails as additional infrastructure is established.
Commercial Requirements:
For this additional review Staff used City's that share a border with a major highway such as Highway 36 or I-94 for a
new fee comparison. The thought behind this comparison is that values for commercial land would be more similar in
price than the other communities that were used. Staff then calculated an average price per acre of undeveloped and
platted land in Lake Elmo which was zoned or guided for commercial, or mixed use development. The estimated price
per acre was calculated by taking the tax value(determined by Washington County) of a property divided by the
number of acres. Please understand that there are many factors that go into determining value but,the estimated price
per acre is $131,564.
Stillwater: Requires a 7.5%dedication rate per acre. (Value of$9,867)
Woodbury: Requires land dedication of 10%or$6,000 per acre of the subdivision.
Oak Park Heights: Requires a dedication of 10%of the value,either land or cash. (Value of$13,156.4)
Maplewood: Requires a 9%dedication of land or cash. (Value $11,840)
Average Collection: $10,215.85
Based on the collected average of the communities used above Lake Elmo is collecting $5,700 less than adjacent
communities that also boarder a major highway. Because of the more specific criteria used Staff believes that an increase
from$5,000(currently recommended)to $10,000 per acre for a park dedication fee for commercial/development could
be justified. This amount would be required for projects that do not have a residential component
FISCAL IMPACT:
Staff does not foresee a negative fiscal impact.
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COMMENTS AND RECOMMENDATION:
Staff Recommendation: Staff believes that the edits in the attached subdivision code will help the aide in a smooth
development process. Furthermore,the research that had been gathered for trail connection(s)and park dedication seem
to further benefit the City and the residents.
Park Commission: The parks Commission recommended approval of the amended fee structure and the language as it
pertains to trails(under the fee table). 4-0
Options:
Recommend approval of the amendments as proposed.
Recommend approval with amendments to the proposed language.
Recommend denial of the amended language.
"Motion to recommend approval of the subdivision code as proposed"
ATTACHMENTS
- Lake Elmo Subdivision Code with redlines.
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-XXX
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE SUBDIVISION REGULATIONS ORDINANCE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending the following:
Section
153.01 Regulations established
153.02 Generally
153.03 Definitions
153.04 Registered land survey
153.05 Conveyance by metes and bounds and other unapproved descriptions
153.06 Lot Consolidation/Lot Line Adjustment
153.07 Minor Subdivisions
153.08 Major Subdivisions—Sketch Plan Review
153.09 Major Subdivisions—Preliminary Subdivision Approval
153.10 Major Subdivisions—Final Subdivision Approval
153.11 Variances; standards; platting
153.12 Variance procedures
153.13 Planned Unit Developments (P.U.D.)
153.14 Design standards; required improvements
153.15 Park land dedication requirements
153.16 Required improvements; financial arrangements
153.17 Fees
153.18 Violations
§ 153.01 REGULATIONS ESTABLISHED.
No land shall be subdivided, nor shall any land be platted, in the City except as provided by this
chapter.
(1997 Code, § 400.02) (Am. Ord. 08-205,passed 4-3-2018) Penalty, see § 10.99
§ 153.02 GENERALLY.
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(A) Purpose. In order to provide for orderly, economic, and safe development of land,
necessary urban services and facilities, and to promote the public health, and safety, mores
Ge:�meil of the City. It is the intent of the City to protect the right of landowners to put their land
to its highest and best use and protect each owner's right to full beneficial use of his-�their
land ' to accomplished enjoyment without detriment to
the public interest .
(B) Scope. The provisions of this chapter apply to any division of a tract of land into 2 or
more parcels for the purpose of transfer of ownership, building development, or tax assessment
purposes by platting, re-platting, registered land survey, conveyance, sale, contract for sale or
any other means by which a beneficial interest in land is transferred^r any means by,z,t,ie
t-Fa t of land is divided into 2 opar-eels for tax assessment purposes, except those divisions
listed below:
(1)where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size
and 500 feet in width for residential uses and five acres or larger in size for commercial and
industrial uses;
(2) creating cemetery lots; or
(3)resulting from court orders.
(C) Approval necessary for acceptance of subdivision plats. Before any plat or subdivision
shall be recorded or be of any validity, it shall be referred to the Planning Commission and
approved by the Council as having fulfilled the requirements of this chapter.
(D) Building permits. No building permits shall be issued for the construction of any
building, structure, or improvement to any land or lot in a subdivision, as defined in this chapter,
until all requirements of this chapter have been satisfied, with the following exceptions.
(1) Building permits may be issued for model homes after approval of the final plat by the
council upon receipt of a signed developers agreement. The issuance of building permits for
model homes shall be in accordance with the signed development agreement.
(2) Developer shall agree in writing to indemnify and hold harmless the City for damages
that may occur as a result of the model home construction prior to the required improvements
being completed.
(3) No certificate of occupancy shall be issued by the City until all applicable requirements
set forth by the development agreement have been met.
(4) Traffic and parking arrangements relating to model homes shall be subject to the City's
review and approval.
(Am. Ord. 9707,passed 5-20-1997) (Am. Ord. 08-205,passed 4-3-2018)
(E) Conflicts. Whenever there is a difference between minimum standards or dimensions
required by this chapter or other ordinances of the City, the most restrictive standards of
dimensions shall apply.
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(F) Flood plain management.
(1) No land shall be subdivided which is held unsuitable by the Council for reason of
flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the
flood plain shall contain a building site at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage disposal facilities that comply with the provisions of
this chapter, and have road access both to the subdivision and to the individual building sites no
lower than 2 feet below the regulatory flood protection elevation.
(2) In the general flood plain district, applicants shall provide the information required in §
152.14-0. The Council shall evaluate the subdivision in accordance with procedures established
in this chapter and standards contained in § 152.07.
(G) Consistency with Comprehensive Plan and Zoning District. Subdivision of property shall
be in compliance with the City's Comprehensive Plan and zoning district in which the property
is located.
(1997 Code, § 400.03) (Am. Ord. 08-205,passed 4-3-2018) Penalty, see § 10.99
§ 153.03 DEFINITIONS.
Unless specifically defined in this chapter, common definitions, words, and phrases used in this
chapter shall be interpreted so as to give them the same meaning as they have in common usage
throughout this code and are found in § 11.01.
(1997 Code, § 400.04) (Am. Ord. 08-205,passed 4-3-2018)
§ 153.04 REGISTERED LAND SURVEY.
No registered land survey of lands in the City shall be recorded with the Registrar of Titles until
the registered land survey has been approved by the City. The approval shall be indicated by
resolution endorsed on or attached to the registered land survey signed by the Mayor and City
Clerk. No registered land survey shall be approved by the City or signed by the officers if the
recording of the registered land survey will result in a subdivision in violation of any provision,
regulation, or requirement of this chapter.
(1997 Code, § 400.05) (Am. Ord. 08-205, passed 4-3-2018)
§ 153.05 CONVEYANCE BY METES AND BOUNDS AND OTHER UNAPPROVED
DESCRIPTIONS.
(A) No conveyance of lands to which the regulations contained in this chapter are applicable
shall be made and no conveyance of land to which the regulations contained in this chapter are
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applicable shall be filed or recorded, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey made after 10-3-1968, or to an
unapproved plat made after 10-3-1968.
(B) The foregoing provision does not apply to a conveyance if the land described:
(1) Was a separate parcel of record prior to or on 10-3-1968, or as to lands within the
jurisdictional boundaries of the Old Village prior to its consolidation with the Town of East
Oakdale if the land was a separate parcel of record 6-4-1974;
(2) Was the subject of a written agreement to convey, entered into prior to the time 10-3-
1968;
(3) Is a single parcel of land having not less than-5 20 acres and having a width of not less
than MO 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots
or parcels any 1 of which is less than 20 acres in area or 500 feet in width; and/or
(4) Is a single parcel of commercial or industrial land of not less than five acres and having
a width of not less than 300 feet and its conveyance does not result in the division of the parcel
into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in
width;
§ 153.06 LOT CONSOLIDATION/LOT LINE ADJUSTMENT.
(A) Purpose and Intent. The lot consolidation/lot line adjustment process provides a simple
administrative procedure for the consolidation of 2 or more lots into 1 parcel, or to adjust
a common lot line affecting existing parcels. In areas that are well defined and land
descriptions are simple, the City may permit the conveyance of land using metes and
bounds descriptions or without the preparation and recording of a plat. In areas which are
not well defined, or where lots are irregular in shape and/or are included in more than one
plat, the City may require that lot consolidation/lot line adjustment occur through the
major or minor subdivision platting requirements of this chapter.
(B) Criteria for Lot Line Adjustment/Lot Consolidation. Lot line adjustments exempted from
platting by Minnesota Statute 462.352, Subd. 12 and shall not require a plat or replat and
may be administratively approved,provided all of the following are met:
(1) Each resultant parcel equals or exceeds the minimum lot dimension requirements
and public road frontage requirements for the zoning district in which the property is
located or is made more conforming through the lot line adjustment;
(2) The lot line adjustment does not create additional lots.
(3) The lot line adjustment shall not cause any structure on the property to be made non-
conforming or in violation of the Zoning Chapter or any other provisions of the City
Code.
(4) All resultant parcels shall have frontage and access on an existing improved street or
access to an existing improved street protected by a restrictive covenant approved by the
City Attorney which includes the City as a beneficiary.
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(5) The resulting parcels shall generally conform to the shape, character, and area of
existing or anticipated land subdivisions in the surrounding areas.
(6)Any such lot line adjustment shall not require any public improvements.
(7)Any easements that become unnecessary as a result of the combination of parcels
must be vacated. A request to vacate easements shall be made concurrently with the
application for lot consolidation/lot line adjustment. Review of the easement vacation
request, including any public hearings and City Council action, shall be completed before
action may be taken on the application for lot consolidation/lot line adjustment.
(8)New easements shall be established as appropriate.
(C) Subdivision of Property for Public Purpose. Alternatively, the subdivision of property
resulting from acquisition by governmental agencies for public improvements or uses
may be processed in the same manner as a lot line adjustment or lot consolidation.
(D) Submittal Requirements. Requests for lot line adjustments or lot consolidation shall be filed
with the Zoning Administfate City on an official application form. The applicant's signatures
shall be provided on the application form. If the applicant is not the fee owner of the property,
the fee owner's signature shall also be provided on the application form, or the applicant shall
provide separate written and signed authorization for the application from the fee owner. Such
application shall be accompanied by the following information. The application shall be
considered as being officially submitted and complete when the applicant has complied with all
the specified requirements. The applicant will be responsible for all expenses incurred in
obtaining the required information.
(1) A fee as set forth by the City's adopted fee schedule.
(2) Detailed written and graphic materials fully explaining the proposed lot line
adjustment.
(3) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions
for the adjusted or consolidated parcels;
(4) A written description stating the reason for the request; and
(5) A land survey prepared by and signed by a registered land surveyor describing the lot
line adjustment and showing all buildings, driveways, easements, setbacks, and other
pertinent information including the legal descriptions herein required.
(6) A title search showing ownership of the property and any existing deed restrictions.
(7) Other information shall be provided as may be reasonably requested by the City staff.
(E) Review of lot line adjustment or lot consolidation. A completed application shall be
reviewed administratively by the Planning Department who shall
make a written finding in regard to the provisions of division(B) above. The Zoning
^dminis4ate~City's approval shall be conditioned upon recording of documents which
effectuate the lot line adjustment or lot consolidation and any other conditions deemed
necessary to ensure compliance with the Zoning Code. Unless a request for additional
review time is requested by the Zoning Administfate City, action on the application shall
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be taken within 60 days after a complete application is submitted. Prior to the issuance of
any development permits, and no later than 60 days after administrative review and
approval, the applicant shall provide the Zoning Administrate rCity with recorded
documents or recorded document numbers for the deeds of conveyance which effectuate
the lot line adjustment or lot consolidation. Failure to provide the required verifications
within the required time shall invalidate the Zoning Adminis4ate City's approval.
(F) Certification of Taxes Paid. Prior to approval of an application for a lot line adjustment or
lot consolidation, the applicant shall provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the lot line adjustment or lot consolidation application relates.
(1997 Code, § 400.06) (Am. Ord. 08-205, passed 4-3-2018) Penalty, see § 10.99
§ 153.07 MINOR SUBDIVISIONS.
(A)Purpose and Intent. The purpose of a minor subdivision process is to allow the City to
waive certain procedures and requirements of a major subdivision. The purpose is to
reduce the time and cost to the property owner for dividing land in locations and
situations that are well defined and where no new public infrastructure is required. The
minor subdivision process allows for concurrent review and approval of a Preliminary
and Final Plat.
(B)Criteria for Minor subdivision. A minor subdivision is a division of land which results in
no more than 4 parcels wheFei shown on the plat/survey:
(1) Each resultant parcel meets all applicable requirements of the Zoning Code, including
but not limited to density, lot size, lot width, and minimum frontage on a public road,
unless a variance has been approved according to the procedures set forth in 153.11.
(2) No new public rights-of-way or streets shall be necessary for or created by the
subdivision.
(3) Streets,utility easements, drainage easements or public park land or cash in lieu of
land shall be dedicated^r roes paid in lie f dedieatior as required by the City.
(4) All wetland areas and Minnesota Department of Natural Resources protected waters
shall be protected with a conservation easement up to the 100-year flood level_
(5) The minor subdivision complies with all applicable requirements of the road
authority, including access spacing and location criteria for sight distances if located
adjacent to a state or county highway, and/or of the watershed district(s) in which it is
located.
(C)Submittal Requirements. Requests for minor subdivision shall be filed with the Zening
Administ-FatefCity on an official application form. The applicant's signatures shall be
provided on the application form. If the applicant is not the fee owner of the property, the
fee owner's signature shall also be provided on the application form, or the applicant
shall provide separate written and signed authorization for the application from the fee
owner. Such application shall be accompanied by the following information. The
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applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (I I"X
17") copies of all graphics. The application shall be considered as being officially
submitted and complete when the applicant has complied with all the specified
requirements. The applicant will be responsible for all expenses incurred in obtaining the
required information.
(1) A fee as set forth by the City's adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed minor
subdivision
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zoning ^a,..mist,.,, City
(4) A preliminary plat prepared by a registered land surveyor in the form required by
M.S. Ch. 505, as it may be amended from time to time, and the name, address,
and registration number of the surveyor, which includes:
a. Graphical scale not more than 1 inch equals 100 feet.
b. North point indication.
c. Original and proposed lot boundaries.
d. Topographic data at 2 foot contours.
e. Existing and resulting parcel legal descriptions.
f. Buildable area on each lot and proposed building pad.
g. The location of existing structures on the site.
h. Existing and proposed driveway locations.
i. Existing easement locations.
j. Existing parks, streets and utility easements.
k. Delineated wetlands and water bodies including ordinary high water elevations
and floodplain boundaries as applicable.
1. Sewage treatment systems and/or well locations.
in. Location and size of existing sewers, water mains, wells, culverts, or other
underground utilities within the tract and to a distance of-150---feet beyond the
tract, the data as grades, invert elevations, and locations of catch basins, and
manholes shall also be shown;
(5) Drainage, grading and erosion control plans, if applicable.
(6) Existing and proposed lowest floor elevations for each lot.
(7) Soil testing for the installation of subsurface sewage treatment system, if
applicable.
(8) If driveways to a state or county highway are required, driveway permits or a
letter of intent to approve said driveways from the applicable road authority.
(9) Any additional information if deemed necessary and required by the Zeg
^drain stnateWity. The Z, ning ",a, inistrat,,Cfty may waive for good cause
certain information requirements not pertinent to the particular minor subdivision
request.
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(D)Review of Minor Subdivision.
(1) Review by staff and other commissions or jurisdictions. The City shall refer
copies of the preliminary plat to the City Engineer, Planner, Attorney, the
Eemffli , and the appropriate county, state, or other public agencies for their
review and comment. The Zoning Administfate City shall instruct the appropriate
staff persons to prepare technical reports where appropriate, and to provide
general assistance in preparing a recommendation on the action to the Planning
Commission and Council.
(2) Public Hearing Set. Upon receipt of a complete application, the Zoning
^a,..,;,,i4mtefCity shall set a public hearing following proper hearing notification.
The Planning Commission shall conduct the hearing, and report its findings and
make recommendation to Council. Notice of said hearing shall consist of a legal
property description and a description of the request, which shall be published in
the official newspaper at least 10 days prior to the hearing and written notification
of said hearing shall be mailed at least 10 days prior to the hearing to all owners
of land within 350 feet of the boundary of the property in question. Failure of a
property owner to receive said notice shall not invalidate any such proceedings as
set forth within this Chapter.
(3) The Planning Commission shall make a finding of fact and recommend such
actions or conditions relating to the request as it deems necessary to carry out the
intent and purpose of this Chapter.
(4) The City Council shall not approve a minor subdivision until it has received a
report and recommendation from the Planning Commission and the City staff, or
until 60 days after the first regular Planning Commission meeting at which the
request was considered.
(5) Approval of a minor subdivision shall require passage of a resolution by a
majority vote of a quorum of the City Council.
(6) Prior to certification by the City of the approval of the minor subdivision, the
applicant shall submit the final plat for signature, supply the deed(s) granting the
City any easements required by the City and pay any required fees.
(7) Whenever an application for a minor subdivision has been considered and denied
by the City Council, a similar application for a minor subdivision affecting
substantially the same property shall not be considered again by the Planning
Commission or City Council for at least 6 months from the date of its denial
unless a decision to reconsider such matter is made by a majority vote of the
entire City Council.
(E)Recording of the Minor Subdivision. If the minor subdivision is approved by the Council,
the subdivider shall record it with the County Recorder within 120 days after the
approval. If not filed within 120 days, approval of the minor subdivision shall be
8
considered void, unless a request for time extension is submitted in writing and approved
by the Council. The subdivider shall, immediately upon recording, furnish the Zefling
AdministfatefCity with copies of the recorded documents which effectuate the minor
subdivision. No building permits shall be issued for construction of any structure on any
lot within the approved minor subdivision until the City has received evidence of the plat
being recorded by the County.
(F) Financial Guarantee. Following the approval of a minor subdivision as required by this
Section and prior to the issuing of any building permits or the commencing of any work,
the applicant may be required to guarantee to the City the completion of any
improvements as shown on the approved plans and as required as a condition of minor
subdivision approval.
(G)Certification of Taxes Paid. Prior to approval of an application for a minor subdivision,
the applicant shall provide certification to the City that there are no delinquent property
taxes, special assessments, interest, or City utility fees due upon the parcel of land to
which the minor subdivision application relates.
§ 153.08 MAJOR SUBDIVISIONS-SKETCH PLAN REVIEW.
(A)Purpose and Intent. In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this chapter and the requirements or limitations
imposed by other City ordinances or plans, prior to the development of a preliminary plat,
applicants are required to submit a sketch plan to the City for review.
(B)Submittal requirements. Requests for major subdivision shall be filed with the Zonin
AdministfatefCity on an official application form. The applicant's signatures shall be
provided on the application form. If the applicant is not the fee owner of the property, the
fee owner's signature shall also be provided on the application form, or the applicant
shall provide separate written and signed authorization for the application from the fee
owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (I I"X
17") copies of all graphics. The application shall be considered as being officially
submitted and complete when the applicant has complied with all the specified
requirements. The applicant will be responsible for all expenses incurred in obtaining the
required information.
(1) A fee as set forth by the City's adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed major
subdivision
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zening Admifiis4ate City
(4) A scaled drawing which includes:
9
a. Locations of boundary lines in relation to a known section, quarter section, or
quarter quarter section line comprising a legal description of the property;
b. Graphical scale not less than 1 inch equals 100 feet.
c. Data and north point.
d. Existing conditions.
i. Boundary line of proposed subdivision, clearly indicated;
ii. Existing zoning classification for land within and abutting the
subdivision;
iii. A statement on the acreage and dimensions of the lots;
iv. Location widths and names of existing or previously platted streets or
other public ways, showing type, width, and conditions of
improvements, if any, railroad and utility rights-of-way,parks and other
open spaces,permanent buildings and structures, easements in section
and corporate lines within the tract and to a distance of 150 feet beyond
the tract;
V. Location and size of existing sewers, water mains, wells, culverts, or
other underground utilities within the tract and to a distance of-150 feet
beyond the tract, the data as grades, invert elevations, and locations of
catch basins, and manholes shall also be shown;
vi. Boundary lines of adjoining unsubdivided or subdivided land, within
150 feet, identified by name and ownership, including all contiguous
land owned or controlled by the subdivider;
vii. Topographic data, including contours at vertical intervals of not more
than 5 feet; water courses, marshes, rock outcrops, power transmission
poles and lines and other significant features shall also be shown;
National Geodetic Vertical Datum(N.G.V.D.) shall be used for all
topographic mapping; and
viii. The subdivider may be required to file a report prepared by a registered
civil engineer or soil scientist on the feasibility of on-site sewer and
water systems on each lot; the report shall include a soil borings analysis
and a percolation test to verify conclusions.
ix. Buildable area on each lot and proposed building pad.
X. Existing and proposed driveway locations.
xi. Existing parks, streets and easement locations.
xii. Delineated wetlands and water bodies including ordinary high water
elevations and floodplain boundaries as applicable.
e. Proposed design features.
i. Layout of proposed streets showing right-of-way widths, center line
grade, typical cross-sections, and proposed names of streets in
conformance with all applicable City ordinances and policies; the name
10
of any street used in the City or its environs shall not be used unless the
proposed street is the logical extension of an already named street, in
which event the same name shall be used. The names and number shall
comply with the County Uniform Street Numbering System
ii. Areas other than streets,pedestrian ways, utility easement, intended to
be dedicated or reserved for public use, including the size of the areas in
acres.
iii. Provision for surface water disposal, drainage, and flood control within
the boundaries of the proposed property division consistent with
*section 150.273 of the Citis e, storm water management and
erosion and sediment control
f. Supplementary information.
i. The supplementary information as shall reasonably be deemed necessary
by the Planning Commission or the Council;
ii. Proposed protective covenants;
iii. Statement of the proposed use of lots stating type of residential buildings
with number of proposed dwellings and type of business or industry, so
as to review the effect of the development on traffic, fire hazards, and
congestion of population;
iv. If any zoning changes are contemplated, the proposed zoning plan for
the areas, including dimensions, shall be shown. The proposed zoning
plans shall be for information only and not vest any rights in the
application for use other than residential;
V. A statement showing the proposed density with the method of
calculating said density also shown.
vi. Where the subdivider owns property adjacent to that which is being
proposed for division, the Planning Commission may require that the
subdivider submit a sketch plan of the remainder of the property so as to
show the possible relationship between the proposed division and a
future subdivision. All subdivisions shall be reasonably consistent with
the existing or potential adjacent subdivisions; and
vii. Where structures are to be placed on large or excessively deep lots,
which are subject to replat, the development subdivision plans shall
indicate placement of structures so that lots may be further subdivided,
in addition to a sketch plan that illustrates a way in which the lots can
possibly be resubdivided.
(C)Sketch Plan Review. The sketch plan shall be reviewed by Staff, the Planning
Commission, and Council. The City may refer the sketch plan to
the Parks Commission to secure its recommendation as to the location of any property
that should be dedicated to the public, such as parks, playgrounds, trails, open space or
11
other public property. The City shall accept the information received,but take no formal
or informal action which could be construed as approval or denial of the proposed plat.
(1997 Code, § 400.07) (Am. Ord. 08-024,passed 4-20-2010) (Am. Ord. 08-205, passed 4-3-
2018) Penalty, see § 10.99
§ 153.09 PRELIMINARY MAJOR SUBDIVISIONS.
(A) Submittal requirements. Requests for preliminary plat approval may be filed with the
Zoning Administrate CC on an official application form after the applicant has received
comments on the proposed sketch plan as outlined in Section 153.08 of this Chapter. The
applicant's signatures shall be provided on the application form. If the applicant is not the fee
owner of the property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the application from
the fee owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (I I"X 17")
copies of all graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements. The applicant will
be responsible for all expenses incurred in obtaining the required information.
(1) A fee as set forth by the City's adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed major
subdivision.
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the Zoning ^,a,, in s,- ate City
(4) Proposed name of subdivision; names shall not duplicate or too closely resemble
names of existing subdivisions; in any case, the name must be approved by the
County Recorder;
(5) Location of boundary lines in relation to a known section, quarter section, or
quarter quarter section lines comprising a legal description of the property;
(6) Names and addresses of all persons having any interest in the property, the
developer, designer, and surveyor together with the interested person's registration
number;
(7) Graphic scale of preliminary plat prepared by a registered land surveyor in the
form required by M.S. Ch. 505, as it may be amended from time to time, and the
name, address, and registration number of the surveyor not less than 1 inch to 100
feet;
(8) Data and north point; and
(9) Date of preparation.
(10)Existing conditions.
a. Boundary line of proposed subdivision, clearly indicated;
12
b. Existing zoning classifications for land within and abutting the subdivision;
c. A general statement on the approximate acreage and dimensions of the lots;
d. Location, widths, and names of all existing or previously platted streets or
other public ways, showing type, width, and condition of improvements if
any, railroad and utility rights-of-way,parks and other public open spaces,
permanent buildings and structures, easements and section and corporate
lines within the tract and to a distance of 150 feet beyond the tract;
e. Location and size of existing sewers, water mains, culverts, or other
underground facilities within the tract and to a distance of 150 feet beyond
the tract; the data as grades, invert elevations, and locations of catch basins,
manholes, shall also be shown;
f. Boundary lines of adjoining unsubdivided or subdivided land, within 150
feet, identified by name and ownership, including all contiguous land owned
or controlled by the subdivider;
g. Topographic data, including contours at vertical intervals of not more than 2
feet; water courses, marshes, rock outcrops, power transmission poles and
lines, and other significant feature shall also be shown;National Geodetic
Vertical Datum (N.G.V.D.) shall be used for all topographic mapping; and
h. In-major subdivisions where public water and sewer are not available, the
City Engineer may require the subdivider to file a report prepared by a soil
scientist or a registered civil engineer on the feasibility of on-site sewer and
water systems on each lot. The report shall include a soil boring analysis
and percolation tests to verify conclusions.
(11) Proposed design features
i. Layout of proposed streets showing right-of-way widths, center line grade,
typical cross-sections, and proposed names of streets in conformance with
all applicable City ordinances and policies; the name of any street used in
the City or its environs shall not be used unless the proposed street is the
logical extension of an already named street, in which event the same name
shall be used. The names and number shall comply with the County
Uniform Street Naming and Property Numbering System, with the
following exceptions:
ii. Unless a newly proposed street directly extends from an existing street, no
street name that already exists in the City or its environs shall be used,
regardless if it is on the same grid as another street.
a. North-south avenues shall follow the grid system, increasing
alphabetically from east to west, but must use different names.
b. East-west streets shall follow the grid numbering system as
appropriate,but a different suffix such as Lane, Place, Way, etc. or a
different prefix such as Upper or Lower shall be used.
13
iii. The names of deflecting streets shall not vary; names of continual streets
shall not change, even if the street changes direction,unless an intersection
exists.
iv. The names of deflecting streets shall be determined according to their
relation to an Arterial or Collector Street if appropriate, otherwise such
names shall be determined according to their main point of entry in to a
development or as deemed appropriate by Council.
V. If appropriate, names with the same theme (i.e. flowers, nature) are
permitted for naming streets in an entire subdivision.
vi. All street names shall end with the directional suffix of North.
b. Locations and widths of proposed alleys and pedestrian ways;
c. Locations and size of proposed sewer lines and water mains;
d. Layout, numbers, lot areas, and preliminary dimensions of lots and blocks;
e. Building pads shall be shown to demonstrate minimum front and side street
building setback lines;
£ When lots are located on a curve, the width of the lot at the building setback line
shall be shown;
g. Areas, other than streets, alleys,pedestrian ways, and utility easements intended
to be dedicated or reserved for public use, including the size of the area or areas in
acres. This shall include areas planned for trails and parks within the City;
h. Area calculations of lots, right-of-way, streets, public highways, alleys, parks and
public trails, wetland and wetland buffers and other features with accurate
dimensions;
i. Water mains shall be provided to serve the subdivision by extension of any
existing community system wherever feasible. Service connections shall be
stubbed into the property line and all necessary fire hydrants shall also be
provided. Extensions of the public water supply system shall be designed so as to
provide public water in accordance with the standards of the City. In areas where
public water supply is not available, well plans must comply with applicable state
regulations and shall be submitted for the approval of the City Building Official;
j. Sanitary sewer mains and service connections shall be installed in accordance
with the standards established by the City;
k. All private sewage treatment systems shall be installed in accordance with
standards established by the City. Demonstration of two separate and distinct
10,000 square-foot contiguous land areas, suitable for septic drainfields, is
required;
1. Surface water disposal, drainage, and flood control shall be provided within the
boundaries of the proposed property division consistent with*section 150.273 of
this-the City Codeeode, storm water management and erosion sediment control;
14
in. Location of 100-year flood plain areas and floodway districts from existing
adopted maps or data; and
n. A line or contour representing the ordinary high water level, the "toe" and the
"top" of bluffs, and the minimum building setback distances from the top of the
bluff and the lake or stream.
o. Supplementary information. The following supplementary information shall be
submitted when deemed necessary by the City:
i. Written statement explaining changes or modifications to the sketch plan.
ii. Proposed protective covenants;
iii. An accurate soil survey of the subdivision prepared by a qualified
person. In areas of questionable soil conditions,percolation tests at the
rate of no fewer than two successful test results for each proposed septic
disposal area(a total of four tests per proposed lot) may be required on a
lot-by-lot basis to determine the suitability of any particular site for
building.
iv. A statement prepared by a qualified person identifying tree coverage in the
proposed subdivision in terms of type, weakness, maturity, potential
hazard, infestation, vigor, density, and spacing;
v. Statement of the proposed use of lots stating type of residential buildings
with number of proposed dwelling units and/or type of business or
industry, so as to reveal the effect of the development on traffic, fire
hazards, and congestion of population;
vi. If any zoning changes are contemplated, the proposed zoning plat-for the
areas, including dimensions, shall be shown;
vii. Where the subdivider owns property adjacent to that which is being
proposed for the subdivision, the Planning Commission may require that
the subdivider submit a sketch plan of the remainder of the property so as
to show the possible relationships between the proposed subdivision and
the future subdivision. All subdivisions shall be shown to relate well with
existing or potential adjacent subdivisions;
viii. Where structures are to be placed on large or excessively deep lots which
are subject to potential replat, the subdivider shall provide in the
preliminary plat, a sketch plan which indicates minimum building setback
lines and future roadway alignments which would not interfere with
structural placement at the time of future subdivision; and
ix. A vegetation preservation and protection plan, consistent with Section
154.257 of the Zoning Code, that shows those trees proposed to be
removed, those to remain, the types and locations of trees and other
vegetation that are to be planted;
15
x. Developer shall provide a landscape plan, signed by a licensed landscape
architect, which shows-the placement of ponding, berms, trees, and tree
seedlings, shrubs, and shrub seedlings and native grasses.
1. Landscape plans shall adhere to all requirements of Section
154.258 of the Zoning Code and shall include the City's
Landscape Standard Notes.
2. Irrigation plans shall be submitted and be in compliance with Lake
Elmo General Irrigation Standards.
xi. If the development is an Open Space Preservation development,
architectural and performance standards shall be submitted. If applicable,
developments within the I-94 corridor and Old Village shall submit
architectural renderings in order to ensure compliance with City of Lake
Elmo Design Guidelines & Standards.
xii. Any environmental review, such as an Environmental Assessment
Worksheet, as required by State Statutes. If an environmental review is
required, the Preliminary Plat application cannot proceed until the review
or study is complete;
p. Other information. Other information shall be provided as may be reasonably
requested by the City staff, Planning Commission, or Council.
(B)Preliminary Major Subdivision Review.
(1)Review by staff and other commissions or jurisdictions. The City shall refer copies of
the preliminary plat to the City Engineer, Planner, and Attorney, the Park
Commission, and the appropriate county, state, or other public agencies, including but
not limited to Watershed Districts, the Minnesota Department of Transportation
and/or Washington County if the application abuts a county road or highway or
county state-aid highway, and/or the Department of Natural Resources (DNR) if the
application is within a Shoreland Overlay District and/or Floodplain Management
District, for their review and comment. The Zoning ^a,..mist,.,, City shall instruct
the appropriate staff persons to prepare technical reports where appropriate, and to
provide general assistance in preparing a recommendation on the action to the
Planning Commission and Council.
(2) Comment must be received within 30 days or it will be assumed there are no
objections.
(C)Public Hearing Set. Upon receipt of a complete application, the Zoning ^a,..mist,.,, City
shall set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing and report its findings and recommendations to the
Council. The ^a,. in st-ate.Planning Director shall give notice of the hearing. The notice
shall consist of a property description and a description of the request. The notice shall be
published in the official newspaper at least 10 days prior to the date of the hearing and
written notification of the hearing shall be mailed at least 10 days prior to all owners of
16
land within 350 feet of the boundary of the property in question. The Planning
Commission, at its discretion, may direct that notification be sent to property owners at
distances of greater than 350 feet. The failure of any property owner to receive notice
shall not invalidate the proceedings set forth in this Chapter.
(D)Planning Commission action. The Planning Commission shall make a finding of fact and
recommend such actions or conditions relating to the request as it deems necessary to carry
out the intent and purpose of this Chapter. The Planning Commission and shall have the
authority to request additional information from the subdivider concerning the proposal, as
deemed necessary to formulate a recommendation on the proposal.
(1) The Planning Commission shall recommend approval of the preliminary plat if it
in all ways conforms to the City's Comprehensive Plan and Development Code.
The Commission shall recommend denial of the preliminary plat if it makes any
of the following findings:
a. That the proposed subdivision is in conflict with the City's Comprehensive
Plan, Development Code, Capital Improvements Program, or other policy or
regulation.
b. That the physical characteristics of the site, including but not limited to
topography, vegetation, susceptibility to erosion and siltation, susceptibility to
flooding, water storage, and retention, are such that the site is not suitable for
the type or intensity of development or use contemplated.
c. That the design of the subdivision or the proposed improvements are likely to
cause substantial and irreversible environmental damage.
d. That the design of the subdivision or the type of improvements will be
detrimental to the health, safety, or general welfare of the public.
e. That the design of the subdivision or the type of improvement will conflict
with easements on record or with easements established by judgment of a
court.
f. That the subdivision is premature as determined by the standards of this
Chapter.
(E) City Council Action.
(1) The Council shall act upon the preliminary plat after it has received a report
and recommendation from the Planning Commission and the City staff, or until
60 days after the first regular Planning Commission meeting at which the request
was considered. The Council shall have the option of receiving additional
testimony if it so chooses. An application for preliminary plat shall be approved
or denied within 120 days from the date of its official and complete submission
unless extended pursuant to Statute or a time waiver is granted by the subdivider.
(2) If the preliminary plat is not approved by the Council, the reasons for the
action shall be recorded in the proceedings of the council and transmitted to the
applicant. If the preliminary plat is approved, the approval shall not constitute
17
final acceptance of the layout. Subsequent approval will be required of the
engineering proposals and other features and requirements as specified by this
chapter to be indicated on the final plat. The Council may require revisions in the
preliminary plat and final plat as it deems necessary for the public health, safety,
general welfare, and convenience.
(F) Effect of Approval. For one year following preliminary plat approval, unless the
subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other
official controls shall apply to or affect the use, development density, lot size, or lot
layout that was approved.
(G) Effect of Denial. If a preliminary plat application is denied by the City Council, a similar
application for a preliminary plat affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six months
from the date of its denial.
(H)Submission of final plat; request for extension. If the preliminary plat is approved by the
Council, the subdivider must submit the final plat within 180 days after the City Council
approval, or approval of the preliminary plat shall be considered void,unless a request for
time extension is submitted in writing and approved by the council. Such request for an
extension shall include the following: 1) an explanation for why a final plat has not been
applied for, 2) what, if any, good faith efforts have been made to complete the platting
process, and 3)the anticipated completion date. The Council may approve up to two such
extensions of not more than one additional year per extension.
(1997 Code, § 400.08) (Am. Ord. 08-024, passed 4-20-2010) (Am. Ord. 08-205,passed 4-3-
2018) Penalty, see § 10.99
§ 153.10 FINAL MAJOR SUBDIVISONS.
(A) Submittal requirements. Requests for final plat approval may be filed with the Zoning
^aministfatefCity on an official application form following approval of a preliminary plat. The
applicant's signatures shall be provided on the application form. If the applicant is not the fee
owner of the property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the application from
the fee owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (I I"X 17")
copies of all graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements. The applicant will
be responsible for all expenses incurred in obtaining the required information.
(1) A fee as set forth by the City's adopted fee schedule.
18
(2) A written summary of how all conditions of preliminary plat approval have been
met.
(3) Written statement explaining changes or modifications to the preliminary plat.
(4) Final plat including the following information:
i. Name of the subdivision;
ii. Location by section, township, range, county, and state, and including
descriptive boundaries of the subdivision;
iii. The location of monuments shall be shown and described on the final plat;
iv. Location and area calculations of lots, right-of-way, streets, public
highways, alleys,parks and trails, wetland and wetland buffers and other
features with accurate dimensions;
v. Lots shall be numbered clearly; blocks are to be numbered, with numbers
shown clearly in the center of the block;
vi. The exact locations, widths, and names of all streets to be dedicated;
vii. Location width and use of all easements to be dedicated;
viii. Certification by a registered land surveyor in the form required by M.S.
Ch. 505, as it may be amended from time to time, and the name, address,
and registration number of the surveyor;
ix. Scale of plat(the scale to be shown graphically on a bar scale), date, and
north point;
x. Statement dedicating all easements;
xi. Statement dedicating all streets,utility easements, and other public areas
not previously dedicated; and
xii. GeAifieate for-approval by the City Pimning Commission and the
Council. The eettifieate-sh l�prepared for-the of Chaiand Seer-etar-y of the City Planning Commission, and the Mayor-an
(5) Final grading and drainage plan, appropriately labeled,using a copy of the current
certificate of survey as a base for the site in question and prepare and signed by a
Minnesota licensed engineer, depicting the following information:
i. North arrow and date of preparation.
ii. Graphic Scale (engineering scale only, not less than one (1) inch equals
fifth(50) feet).
iii. For each lot, provide lot and block numbers, building pad location,
building type and proposed building first floor elevation, low floor
elevation and elevation at garage slab.
iv. Stormwater Management Plan, with a narrative, including the
configuration of drainage areas and calculations that meet the
requirements of the City Code and/or applicable Watershed Standards.
19
v. Location of all natural features on the tract. Natural features are
considered to include,but are not limited to the following: tree lines,
wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes,
etc.
vi. All delineated Wetlands and watercourse buffers per the City and
Watershed standards; and wetland replacement plan, if needed.
vii. Location of all existing storm sewer facilities, including pipes, manholes,
catch basins, ponds, swales, and drainage channels within one hundred
fifty(150) feet of the tract. Existing pipe type, grades, rim and invert
elevations and normal and high water elevations must be included.
viii. Normal water level (NWL) and 100-year high water level (100-year
HWL) for all water bodies, existing and proposed.
ix. Spot elevations at drainage break points and emergency overflows (in
BOLD) with directional arrows indicating site, swale and lot drainage.
x. Retaining Walls (wall heights and elevations).
xi. Locations, grades, rim and invert elevations of all storm sewer facilities,
including ponds and BMP's proposed to serve the tract.
xii. Locations and elevations of all street high and low points.
xiii. Street grades shown.
xiv. Provide phasing plan for site grading.
xv. All soil erosion and sediment control measures to be incorporated during
and after construction must be shown. Locations and standard detail plates
for each measure must be included on the plan using Lake Elmo City
standard details. Plan must meet the requirements of MPCA General
Permit Construction Activity.
xvi. All revegetation measures proposed for the tract, including seed and
mulch types and application rates must be included on the plan.
xvii. Existing contours at two (2) foot intervals shown as dashed lines (may be
prepared by a Minnesota licensed surveyor). Existing contours shall
extend one hundred fifty(150) feet outside of the tract.
xviii. Proposed grade elevations at two (2) foot intervals shown as solid lines.
xix. Other information as required and outlined in the City Plan Sheet Format
Requirements.
(6) Final utility plan, appropriately labeled,prepared and signed by a Minnesota
licensed engineer, depicting the following:
i. Easements locations, dimensions, and purposes.
ii. Underground and overhead facilities.
iii. Proposed utility plans including sanitary sewer, watermain, and storm
sewer, all in accordance with the City Engineer Design Standards Manual.
20
(7) Final street and storm sewer plan, appropriately labeled, prepared and signed by a
Minnesota licensed engineer, depicting the following information:
i. Layout of proposed streets showing the proposed lot lines, right-of-way
widths, and proposed street names, in accordance with the City's Street
Naming Policy, as outlined in 153.09 (11) (a).
ii. Locations and widths of proposed streets, alleys and pedestrian-ways.
iii. Location, dimensions and purpose of all easements.
iv. Annotation of street geometrics for all horizontal curves, tangent lengths
and corner radii.
v. Centerline profile and gradients for all streets, with vertical geometrics
annotated on the plan profiles.
vi. Typical cross section of proposed street improvements.
vii. Minimum front and side street building setback lines.
viii. When lots are located on a curve, the width of the lot at the building
setback line.
ix. For any non-single family residential development, location and number
of off-street parking spaces (guest, handicapped, bicycle, motorcycle, etc.)
including typical dimensions of each.
x. Other information as required and outlined in the City Plan Sheet Format
Requirements.
(8) Final tree preservation and landscape plans.
(9) Other written materials. The application form shall be accompanied by, or
address, the following written materials:
i. Lot size for all lots and outlots in tabular form.
ii. Area calculations of lots, right-of-way, streets, public highways, alleys,
parks and public trails, wetland and wetland buffers and other features
with accurate dimensions;
iii. Cost estimates for grading and all public improvements.
iv. A copy of any proposed homeowners association documents,private
covenants or deed restrictions.
v. Commitment for Title Insurance.
vi. If a common interest community(CIC) is created, the developer shall
provide proof that a replacement reserve amount was created in
accordance with Minnesota Statute 515(b)(3)-1141.
(B) Review of Final Plat.
(1) The application shall be in substantial compliance with the approved preliminary plat,
including any modifications required as a condition of preliminary plat approval.
Pursuant to Minnesota Statutes, Chapter 462.358, an application for a final plat shall be
approved or denied within 60 days of the date from the date of its official and complete
21
submission unless extended pursuant to Statute or a time waiver is granted by the
subdivider.
(2) Review by staff and other commissions or jurisdictions. The City shall refer copies of
the final plat to the City Engineer, Planner, Attorney, the Park Commission,
and the appropriate county, state, or other public agencies, including but not limited the
Minnesota Department of Transportation and/or Washington County if the application
abuts a county road or highway or county state-aid highway, and/or the Department of
Natural Resources (DNR) if the application is within a Shoreland Overlay District
and/or Floodplain Management District, for their review and comment. The Zoning
^a,..inistfa4efCity shall instruct the appropriate staff persons to prepare technical reports
where appropriate, and to provide general assistance in preparing a recommendation on
the action to the Planning Commission and Council.
(3) Planning Commission action. After reviewof the final plat by the staff the p'�,,,,;,,�
CeffH:nission shall review the final plat for substantial complianee with the appfeve
preliminary plat and make r ,,,aation to Gets ei .The Planning Commission shall
only review final plats if the applicant is proposing substantial change from the
preliminary plat as approved by the City Council.
(4) City Council Action. The final plat shall be approved or disapproved within 60 days
after the filing of the final plat by resolution and conditioned upon the execution of the
development agreement for basic improvements,public dedication, security, and other
requirements determined necessary or appropriate by the Council. If disapproved, the
grounds for any refusal to approve a plat shall be set forth in the proceedings of the
Council and reported to the applicant.
(5) The resolution approving the plat shall authorize the Mayor and Administrator to
execute an endorsement of approval for the City. The Mayor and Administrator shall
not execute the endorsement until any development agreement or security required by
the resolution of the approval have been approved in writing by the City Attorney.
(Am. Ord. 9705,passed 5-6-1997) (Am. Ord. 08-205, passed 4-3-2018)
(3) Special assessments. When any existing special assessments which have been levied
against the property described are to be divided and allocated to the respective lots in the
proposed plat, the Engineer shall estimate the cost of preparing a revised assessment roll, filing
the assessment roll with the County Auditor, and making the division and allocation. Upon
approval by the Council of the cost, the cost shall be paid to the City.
(4) Recording final plat. If the final plat is approved by the Council, the subdivider shall
record it with the County Recorder within 120 days after the approval. If not filed within 120
days, approval of the final plat shall be considered void,unless a request for time extension is
submitted in writing and approved by the Council. , immediately upon
showing evidenee of the r-eeefding. No building permits shall be issued for construction of any
structure on any lot in the plat until the City has received evidence of the plat being recorded by
22
the County. This evidence may be in the form of a receipt or other documentation from
Washington County.
(1997 Code, § 400.09) (Am. Ord. 08-205,passed 4-3-2018) Penalty, see § 10.99
§ 153.11 VARIANCES; STANDARDS; PLATTING.
(A) Purpose. A variance may be granted from the minimum standards required by this
chapter as they apply to specific property where unusual hardship on the land exists,but
variances may be granted only upon the specific ground set forth in this section. In granting any
variance, the Planning Commission may recommend, and the Council shall prescribe, the
conditions as it deems necessary and desirable to protect the public interests. In no case shall
any of the procedural requirements of this chapter be waived nor shall a variance be deemed to
permit any waiver or avoidance of the procedural requirements.
(B) Planning Commission review. No variance shall be granted until the matter has been
considered by the Planning Commission. In making its recommendations, the Planning
Commission shall take into account the nature of the proposed use of land and the existing use of
land in the vicinity, number of persons to reside or work in the proposed subdivision and the
probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(C) Findings. A variance shall be granted only where the Council finds:
(1) That there are special circumstances or conditions affecting the applicant's land that the
strict application of the minimum standards of this chapter would deprive the applicant of the
reasonable use of that land;
(2) That the granting of the variance will not be detrimental to the public welfare or
injurious to other property; and
(3) That the variance required by reason of unusual hardship relating to the physical
characteristics of the land.
(1997 Code, § 400.11) (Am. Ord. 08-205,passed 4-3-2018)
§ 153.12 VARIANCE PROCEDURES.
(A) Application. Requests for a variance or appeal shall be filed with the Zenin
^dminis*ra*erCity on an official application form. The application shall be accompanied by a
fee as established from time to time by resolution of the Council. The application shall also be
accompanied by detailed written and graphic materials necessary for the explanation of the
request. The applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (I I"
X 17") copies of all graphics.
(B) Hearing. The Planning Commission shall hold a public hearing on the variance request in
accordance with the standards set forth in the zoning code.
23
(C) Appearance of applicant before Planning Commission. The applicant or a representative
of applicant shall appear before the Planning Commission in order to answer questions
concerning the proposed variance request.
(D) Findings. The Planning Commission shall make its findings and recommend the actions
or conditions relating to the request as they deem necessary to carry out the intent.
(E) Approval/denial. Upon receiving the report and recommendation of the Planning
Commission, the Council shall decide whether to approve or deny the request for a
variance. The Council shall not grant a variance until it has received the report and
recommendation from the Planning Commission or until 30 days after the application was
accepted by the City. The Council shall decide whether to approve or deny the request for a
variance or an appeal no later than 60 days after the filing of the application.
(F) Written findings and order. The Council shall make written finding of fact and order in
granting or denying any application for a variance or appeal. In granting any variance or making
any order related to a variance or appeal, the Council shall impose any condition it considers
necessary to protect the public health, safety, or welfare.
(G) Notification of decision. The ^a, iaistr-at Planning Director shall notify the applicant
of the Council's decision in writing.
(1997 Code, § 400.12) (Am. Ord. 08-205, passed 4-3-2018)
§ 153.13 PLANNED UNIT DEVELOPMENTS (P.U.D.).
(A) Upon receiving a report from the Planning Commission,the Council may grant exceptions
from the provisions of these regulations in the case of a Planned Unit Development,provided
that the Council finds that the proposed development is fully consistent with the purpose and
intent of these regulations and in compliance with the Planned Unit Development objectives as
identified in Article XVII of the zoning code.
(B) This provision is intended to provide the necessary flexibility for new land planning and
land development trends and techniques.
(1997 Code, § 400.13) (Am. Ord. 08-072,passed 3-5-2013) (Am. Ord. 08-205, passed 4-3-
2018)
§ 153.14 ENGINEERING DESIGN STANDARDS; REQUIRED IMPROVEMENTS.
Submittals must meet plan sheet format requirements set forth by the City of Lake Elmo
Engineering Design Standards.
(A) Blocks.
(1) In general, intersecting streets, determining block lengths, shall be provided at the
intervals as to serve cross traffic adequately and to meet existing streets. Where no existing plats
control the blocks in residential subdivisions, blocks shall not be less than 600 feet nor more than
1,800 feet in length, except where topography or other conditions justify a departure from this
24
maximum. In blocks longer than 900 feet, pedestrian ways and/or easements through the block
may be required near the center of the block. Blocks for business or industrial use may vary
from the elements of design contained in this section if the nature of the use requires other
treatment.
(2) The width of the block shall normally be sufficient to allow 2 tiers of lots of appropriate
depth. Blocks intended for business or industrial use shall be of the width as to be considered
most suitable for their respective use, including adequate space for off-street parking and
deliveries.
(3) Blocks for commercial and industrial areas may vary from the elements of design
contained in this section if the nature of the use requires other treatment. In those cases, off-
street parking for employees and customers shall be provided along with safe and convenient
limited access to the street system. Space for off-street loading shall also be provided with
similar access. Extension of roads, railroad access right-of-way, and utilities shall be provided as
necessary.
(B) Lots.
(1) Area. The minimum lot area, width, and depth shall not be less than that established by
the zoning code in effect at the time of adoption of the final plat.
(2) Corner lots. Corner lots for residential use shall have additional width to permit
appropriate building setback from both streets as required in the zoning code.
(3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or
radial to curved street lines.
(4) Frontage. Every lot must have a minimum frontage on a public street accepted for
maintenance purposes by the City(or to be accepted upon completion of construction by the
applicant), other than an alley, as required in the zoning code. No subdivision shall be permitted
which will result in a lot with less than the minimum frontage on a public street as required by
the zoning code except where a variance is granted as provided by this chapter. In no case shall
a variance to this frontage requirement be granted which would permit access to a lot by means
of an easement or private road except as provided in § 153.101.
(5) Setback lines. Setback or building lines shall be shown on all lots intended for
residential use and shall not be less than the setback required by the zoning code.
(6) Water courses. Lots abutting a water course, drainage way, channel, or stream shall
have additional depth and width, as required under the provisions of the zoning code for the
shoreland and wetland system districts.
(7) Features. In the subdividing of any land, due regard shall be shown for all natural
features, such as tree growth, water courses, wetlands, historic spots, or similar conditions which,
if preserved, will add attractiveness and stability to the proposed development.
(8) Lot remnants. All remnants of lots below minimum size left over after subdividing of a
larger tract must be added to adjacent lots or planned as outlots, rather than allowed to remain as
unusable parcels.
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(9) Frontage on 2 streets. Double frontage, or lots with frontage on 2 parallel streets, shall
not be permitted except where lots back on arterial streets or highways, or where topographic or
other conditions render subdividing otherwise unreasonable. Double frontage lots shall have an
additional depth of at least 20 feet in order to allow space for screen planting along the back lot
line.
(10) Turn-around access. Where proposed residential lots abut a collector or arterial street,
they should be platted in a manner as to encourage turn-around access and egress on each lot.
(11) Minimum lot line. No lot shall have a total width at the front or rear lot line of less than
30 feet.
(12) Large lot planning. In any area where lots are platted in excess of 24,000 square feet
or 160 feet in width at the minimum building setback line, a preliminary resubdivision plan may
be required showing a potential and feasible way in which the lot or lots may be resubdivided in
future years for more intensive use of the land, the placement of buildings or structures upon the
lots shall allow for potential resubdivision.
(13) Shoreland.
(a) Land suitability. No land shall be subdivided which is held unsuitable by the City for
the purposed use because of flooding, inadequate drainage, soil and rock formations with severe
limitation for development, severe erosion potential, inadequate water supply or sewage disposal
capabilities.
(b) Review by Commissioner of Natural Resources. All plats within a shoreland district
shall be reviewed by the Commissioner before approval by the City may be granted. Review
shall require that the proposed plats be received by the Commissioner at least 10 days before a
hearing is called by the City for consideration of approval of a preliminary plat.
(c) Copies of plats supplied to Commissioner. Copies of all plats within shoreland areas
shall be submitted to the Commissioner within 10 days of final approval by the City.
(C) Easements.
(1) Width and location. An easement for utilities at least 10 feet wide, shall be provided
along all lot lines. If necessary for the extension of main water or sewer lines or similar utilities,
easements of greater width may be required along lot lines or across lots. See*-section
150.277(A)(2)(e) of th_ei�City code for other applicable easement regulations.
(2) Continuous utility easement locations. Utility easements shall connect with easements
established in adjoining properties. These easements, when approved, shall not subsequently be
changed without the approval of the Council after a public hearing.
(3) Provisions for drainage. Easements shall be provided along each side of the center line
of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a
width sufficient in the judgment of the Council to provide proper maintenance and protection and
to provide for storm water runoff and installation and maintenance of storm sewers. They shall
be dedicated to the City by appropriate language in the owner's certificate. See section
150.277(A)(2)(e) of their City code for other applicable easement regulations.
26
(D) Erosion and sediment control. Erosion and sediment control plans shall be provided in
accordance with section 150.277(B) of them City code.
(E) Drainage. A complete and adequate drainage system design, in accordance with the
Watershed District,*-section 150.277(A) of their City code, and Local Storm Water
Management Plan, approved by the City Engineer, shall be required for the subdivision.
(F) Monuments for plats.
(1) Official monuments, as designated or adopted by the County Surveyor's Office or
approved by the County District Court for use as judicial monuments, shall be set at each corner
or angle on the outside boundary of the final plat or in accordance with a plan as approved by the
City Engineer. The boundary line of the property to be included with the plat must be fully
dimensioned, all angles of the boundary excepting the closing angle to be indicated, all
monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to
be so monumented.
(2) Twenty-four inch long pipes or steel rods shall be placed at each lot and at each
intersection of street center lines. All United States, state, county, or other official bench marks,
monuments, or triangular stations in or adjacent to the property shall be preserved in precise
position and shall be recorded on the plat.
(3) A second monumentation shall be required following the final grading and completion
of streets, curbs and utility improvements for a plat in order to ensure that all irons and
monuments are correctly in place.
(4) (a) Proof of the final monumentation shall be in the form of a surveyor's affidavit that
the monumentations complete. The surveyor's affidavit shall be submitted to the county; and
(b) Surveyor's office and to the City within 1 year from the date of recording the plat.
(G) Sanitary sewer and water distribution and public utilities.
(1) Sanitary sewers and water facilities shall be installed in accordance with the standards
and specifications as provided for in the City's Comprehensive Sewer Plan and Water Supply
and Distribution Report, and other City plans, and shall be subject to the review and approval of
the City Engineer.
(2) Where City water facilities are not available for extension into the proposed subdivision.
the Council may,by ordinance, grant a franchise for the water facilities, to serve all properties
within a subdivision where a complete and adequate neighborhood water distribution system is
designed in conjunction with the subdivision, and complete plans for the system are submitted
for the approval of the Council.
(3) Where City sewer and water facilities are not available for extension into proposed
subdivision, the Council may permit the use of private or other water and sewer systems in
accordance with all appropriate state and local regulations.
(4) Telephone, electric, ana gam ser All utility lines are to be placed underground in
accordance with the provisions of all applicable City ordinances and standards. Exceptions to
this requirement may be granted by action of the Council.
27
(H) Streets, alleys, and curbs. The design of streets, alleys, and curbs shall conform to the
City of Lake Elmo Engineering Design Standards.
(1) Streets, continuous. Except for cul-de-sacs, streets shall connect with streets already
dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided
tracts. The arrangement of thoroughfares and collector streets shall be considered in their
relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm
water, to public convenience and safety, and in their appropriate relation to the proposed uses of
the area to be served.
(2) Local streets and dead-end streets. Local streets should be so planned as to discourage
their use by non-local traffic. Dead-end streets are prohibited,but cul-de-sacs shall be permitted
where topography or other physical conditions justify their use. Temporary and permanent cul-
de-sacs shall be designed in conformance with the City of Lake Elmo Engineering Design
Standards._
(3) Street plans for future subdivisions. Where the plat to be submitted includes only part of
the tract owned or intended for development by the subdivider, a tentative plan for a proposed
future street system for the unsubdivided portion shall be prepared and submitted by the
subdivider.
(4) Provisions for resubdivision of large lots and parcels. When a tract is subdivided into
larger than normal building lots or parcels, the lots or parcel shall be arranged to permit the
logical location and openings of future streets and appropriate resubdivision, with provision for
adequate utility connections for the resubdivision.
(5)Subdivisions abutting collector or minor arterial streets. Wherever a proposed
subdivision abuts or contains an existing or planned collector or minor arterial street as
designated on the City's thoroughfare plan, the lots shall access onto local streets wherever
possible. Local streets may be existing or provided with the subdivision.
(6) Alleys. Except in the case of a planned unit development, either a public or private alley
may be required in a block where commercially zoned property abuts a major thoroughfare or a
major street. Alleys in residential areas other than those zoned for multiple family use shall not
be permitted.
(7) Half streets. Dedication of half streets shall not be approved, except where it is essential
to the reasonable development of the subdivision and in conformity with the other requirements
of these regulations, where it is found that it will be practical to require the dedication of the
other half when the adjoining property is subdivided, or where it becomes necessary to acquire
the remaining half by condemnation so that it may be improved in the public interest.
(8)Adding width to existing streets. Where a subdivision abuts or contains an existing street
of inadequate width, sufficient additional width shall be provided to meet standards set forth in
the City of Lake Elmo Engineering Design Standards and/or other applicable standards.
28
(9)Additional right-of-way and roadway widths. Additional right-of-way and roadway
widths may be required to promote public safety and convenience when special conditions
require it or to provide parking space in areas of intensive use.
(10) Street improvements for plats.
(a) The City Engineer shall determine when the full width of the right-of-way shall be
graded, including the subgrade in accordance with the provisions for construction as outlined in
the City of Lake Elmo Engineering Design Standards.
(b) All streets shall be improved in accordance with the standards and specifications for
street construction established by the Council.
(11) Curb and gutter. Curb and gutter shall be provided when required in accordance with
the City of Lake Elmo Engineering Design Standards.
(12) Proposed streets shall conform to the state, county, or local road plans or preliminary
plans as have been prepared, adopted and/or filed.
(I) General improvements. The following shall be installed in accordance with the City of
Lake Elmo Engineering Design Standards Manual and all other applicable City standards:
(1) Trees and boulevard sodding.
(2) Streets signs shall be installed at each intersection.
(3) Driveway approaches, sidewalks, or pedestrian pathways.
(4) Street lighting fixtures.
(5) Sidewalks are required on one side of all streets.-The Council may require sidewalks
along both sides of all streets in areas where the residential density equals or exceeds 3 dwelling
units per ne}t acre of land or in any commercial, industrial, or other business areas if the Council
determines that sidewalks are required for public safety.
(1997 Code, § 400.14) (Am. Ord. 08-024,passed 4-20-2010) (Am. Ord. 08-205, passed 4-3-
2018) Penalty, see § 10.99
§ 153.15 PARK LAND DEDICATION REQUIREMENTS.
(A) Dedication of land for park and open space use. In all new residential subdivisions, a
percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds,
trails,public open space, or other public recreational use. For non-residential developments, the
City requires a payment in lieu of land dedication as established by resolution of the City
Council. Such percentage or fee shall be in addition to the property dedicated for streets, alleys,
waterways, pedestrian ways or other public use pursuant to this chapter. The following schedule
describes the required dedication by zoning district. This schedule is based upon density of the
development allowed in each district and is intended to equalize the amount and value of land
dedicated for parks per dwelling unit in the various districts.
29
Zoning Districts Minimum Required Land
Dedication
V-LDR, GCC,LDR,MDR, HDR,U -, T DR7, f"_f' , T T1D
10%
HD�
RS,AG, RE,RR(Rural Districts -5%
RR and AG 4704
C, CC,LC, BP,VMX,MU-BP, MU-C'GC1 G, GP, BP, Fees as set by Council
resolution-!!
a_ The 10% charge is applied if a residential component is incorporated into the
development/subdivision. However,the 10%charge does not apply to a minor subdivision.
(B) Land title. Public land dedications, which are not dedicated to the City on a plat, shall be
conveyed to the City by warranty deed free and clear of all liens or encumbrances. The
subdivider shall provide proof of title, in a form acceptable to the City, prior to the conveyance
of the property.
(C) Land acceptability. The City must approve the location and configuration of any park
land which is proposed for dedication and shall take into consideration the suitability of the land
and for its intended purpose; the future needs of the City for parks, playgrounds, trails, or open
space; and the recommendations of the City's Parks Commission. The following properties shall
not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water
drainage and retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council
determines that all of the following criteria are satisfied:
(a) Would be in the best interests of the general public;
(b) Would be valuable resource for environmental preservation, educational, or habitat
preservation purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the City as a result of maintenance or
preservation requirements.
(D) Trails. Trails constructed by a subdivider within dedicated public open space having at
least 30 feet of width are eligible for park credit. The maximum amount of trail dedication credit
shall not exceed 25% of the total required park dedication. To receive credit for a trail, there
must be a through public trail connection to the larger Lake Elmo or Washington County trail
network. If the proposed trails are not able to connect to existing trails, they must be installed in
a way that would provide a connection to future trails as additional infrastructure is established.
(E) Cash contribution in lieu of land dedication - residential subdivisions larger than three lots.
In lieu of the land dedication for major subdivisions, the City may elect to require the subdivider
30
to contribute a cash equivalent payment to the City's Park and Open Space Fund, or may require
the developer to satisfy the park land dedication requirement by a combination of land and cash
contribution. For all major subdivisions, the required cash equivalent payment shall be an
amount equal to the fair market value of the percentage land dedication for the zoning district in
which the subdivided property is located. The City shall determine the fair market value of the
land by reference to current market data, if available, or by obtaining an appraisal from a
licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair
market value determination of the appraiser shall be conclusive.
(F) Cash contribution in lieu of land dedication -minor residential subdivisions and
commercial development. Required cash equivalent payments for minor subdivisions or for
commercial development projects shall be as determined from time to time by Council
resolution.
(G) Payment of cash contribution. Cash contribution payments shall be made to the City prior
to release of building permits for the project or phase of development. fina „lat��
. d developmei4s or-majer subdivisions, or prior-to the City's approval of the deeds of
eonveyanee in those eases where a residential stibdivision will r-estilt in 3 or-fewer-1
(H) Previously subdivided property from which a park dedication or cash in lieu contribution
has been received,upon resubdivision with the same number of lots, is exempt from park
dedication requirements. If, as a result of the resubdivision of the property, the number of lots is
increased, the park dedication or cash in lieu contribution shall be applied only to the net
increase in the number of lots.
(F) Park Dedication Fund
(1) Any cash contribution se paid to the City shall be placed in a special fund. The money shall
be used only for:
(a) The acquisition and development or improvement of parks, recreational facilities,
playgrounds, trails, wetlands or open space based on the approved park systems plan;
(b) Redevelopment or rehabilitation of existing park facilities or sites; or
(c) Debt service in connection with land previously acquired or improvements thereto
previously constructed.
-(2) No funds shall be used for ongoing operation or maintenance of existing parks
recreational facilities or sites or City vehicles.
(1997 Code, § 400.15) (Am. Ord. 08-072,passed 3-5-2013) (Am. Ord. 08-205, passed 4-3-
2018) Penalty, see § 10.99
§ 153.16 REQUIRED IMPROVEMENTS; FINANCIAL ARRANGEMENTS.
(A) Improvements. All sanitary sewer, water main and storm sewer facilities, streets, concrete
curb, gutters, sidewalks, sodding, drainage swales, and other public utilities ("improvements")
shall be made and constructed on or within the subdivided lands or where otherwise required and
31
dedicated to the City and shall be designed in compliance with City standards by a registered
professional engineer.
(B) Plans and specifications approval. Plans and specifications shall be submitted to the City
Engineer for approval prior to construction. All of the improvements shall be completed by the
developer and acceptable to the City Engineer and shall be free and clear of any lien, claim,
charge, or encumbrance, including any for work, labor, or services rendered in connection
therewith or material or equipment supplied therefor.
(C) Improvement warrantees and guarantees. Developer shall warrant and guarantee the
improvements against any defect in materials or workmanship for a period of 2 years following
completion and acceptance. In the event of the discovery of any defect in materials or
workmanship within the 2-year period, the defect shall be promptly repaired or corrected, and the
warranty and guarantee for the entire project shall be extended for 1 additional year beyond the
original 2-year period, for a period of 3 years following the completion and acceptance. Defects
in material or workmanship shall be determined by the City Engineer.
(D) Required inspections of improvements. Improvements that are to be installed shall be
inspected during the course of construction by the City Engineer, at the developer's
expense. Notice shall be given to the City Engineer a minimum of 24 hours prior to the required
inspection. Failure to provide City Engineer with required notice shall result in a stop-order
issued to the project. If developer proceeds with work within the development without required
inspection, City Engineer shall have the discretion to accept or reject all or part of the
improvement, by giving appropriate written notice to the developer.
(E) Acceptance of improvements. Acceptance of improvements by the City Engineer may be
subject to the reasonable conditions as Engineer may impose at the time of
acceptance. Developer, through his or her engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawing, Whitehall include service and
valve ties, on reproducible mylar shall be delivered to the Engineer within 60 days of completion
of the improvements together with a written certification from a registered engineer that all
improvements have been completed, inspected, and tested in accordance with City-approved
plans and specifications.
(F) Changes to construction plans and specifications. All changes to the construction plans
and specifications must be approved by the City Engineer.
(G) Clean-up obligations; street signs.
(1) Developer shall remove all soil and debris from and clean all streets within the lands
developed in accordance with § 150.277(B)(2)(d) of this code.
(2) In the event there are or will be constructed on the property, 2 or more streets, and if
permanent street signs have not been installed, developer shall install temporary street signs in
accordance with recommendations of the Maintenance Department, prior to the issuance of any
permit to build upon the property.
(H) Erosion control. Erosion control shall be provided with the installation of utilities and
street curbs in accordance with the City of Lake Elmo Engineering Design Standards.
32
(I) Developers agreement/security. Subsequent to approval by the Council of a final plat and
before execution by the City of the final plat or other appropriate forms of City approval,
developer shall:
(1) Enter into a developer's agreement whereby developer shall undertake performance of
the obligations imposed by this chapter, or by Council condition, and containing the other terms
and provisions and in the form as shall be acceptable to the City Attorney, including, but not
limited to, provisions for default including fines and penalties; and
(2) Submit a letter of credit;or cash deposit("security") which guarantees completion of all
improvements within the times specified by the City Engineer. The amount of the security shall
be 125% of the estimated construction cost of the improvements, subject to reduction as outlined
by the development agreement after acceptance thereof by the City Engineer, and receipt of as-
built drawings. The security shall be in the form and contain the other provisions and terms as
may be required by the City Engineer and/or City Attorney. The developer's registered engineer
shall make and submit for approval to the City Engineer, a written estimate of the costs of the
improvements. Reduction of security shall be as outlined per the development agreement.
(J) Petitions for improvements by City. With the approval of the Council, and instead of the
obligations imposed by divisions (A) through (1) above, developer may enter into an agreement
signed by 100% of all owners of the land to be developed, requesting the City to install some or
all of the improvements, request all of the costs be assessed against the property, and waiving the
rights to appeal from the levied special assessments. Upon approval by the Council, the City
may cause the improvements to be made and special assessments for all costs of the
improvements to be levied on the land, except any land that is or shall be dedicated to the
public. The special assessment shall be payable over a term of 5 years unless otherwise
authorized by the Council. Prior to the award of any contract by the City for the construction of
any improvement, developer shall have entered into a contract for rough grading of streets
included in the improvement to a finished subgrade elevation, and including the other terms as
required by Council. Developer's obligation with respect to the rough grading work shall be
secured by letter of credit, or the deposit which shall guarantee completion, and payment for all
labor and materials expended in connection with the rough grading. The amount of the security
shall be 125% of the cost of the rough grading and shall be in the form and contain the further
terms as may be required by the City Engineer and/or City Attorney.
(K) City Attorney approval. No final plat shall be approved by the Council without first
receiving a report signed by the City Attorney certifying that the agreements and documents
required under this chapter meet the requirements of the City. The City Finance
Director shall also certify that all fees required to be paid to the City in connection with the plat
have been paid.
(1997 Code, § 400.16) (Am. Ord. 08-024, passed 4-20-2010) (Am. Ord. 08-205,passed 4-3-
2018) Penalty, see § 10.99
33
§ 153.17 FEES.
(A) The Council shall by ordinance, adopted from time to time, establish fees to be paid by
the applicant to defray the administrative costs and expenses incurred by the City in processing
development applications, applications for variance or appeals under the provisions of this
chapter.
(B) Fees to be paid by the applicant shall include all administrative, engineering, legal, and
consulting fees and materials costs reasonably incurred in the review of the proposed subdivision
and the processing of the applications or appeals.
(1997 Code, § 400.17) (Am. Ord. 08-205, passed 4-3-2018)
§ 153.18 VIOLATIONS.
(A) Sale of lots from unrecorded plats. It shall be a violation of this chapter to sell, trade, offer
to sell, trade, or otherwise convey a lot or parcel of land as part of, or in conformity with any
plan,plat, or replat of any subdivision or area located within the City unless the plan,plat, or
replat shall first have been approved by the City in writing as provided by this chapter and in the
case of a plat, replat, or registered land survey unless the survey is recorded in the office of the
County Recorder or Registrar of Titles.
(B) Misrepresentation as to construction, supervision, or inspection of improvements. It shall
be unlawful for any person to represent that any improvement upon any of the streets, alleys, or
avenue of the addition or subdivision or any sewer in the addition or subdivision has been
constructed according to the plans and specifications approved by the Council, or has been
supervised or inspected by the City, when the improvements have not been so constructed,
supervised, or inspected.
(1997 Code, § 400.18) (Am. Ord. 08-205, passed 4-3-2018) Penalty, see § 10.99
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-205 was adopted on this day of
2019,by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
34
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08-205 was published on the day of 12019.
35
Sewered Development
Development Status Sheet Final Plat Appro DA Agreement DA Agreement Plat Recorded Updated 7/1/19
Approved Signed Total# Total#of Total#of Building CO's
Southern Developments Developer Builder Of Homes SF Homes Townhomes Permits Issued Issued Zoning Build-Out
SAVONA-310 Total
Savona 1st 2/18/2014 5/20/2014 6/18/2014 9/25/2014 Lennar Lennar 44 44 0 44 44 LDR 100%
Savona 2nd 9/16/2014 9/16/2014 10/22/2014 4/14/2015 Lennar Lennar 67 45 22 62 61 LDR/MDR 91%
Savona 3rd 9/15/2015 9/15/2016 9/16/2015 11/19/2015 Lennar Lennar 120 21 99 119 116 LDR/MDR 97%
Savona 4th 3/15/2016 4/5/2016 6/27/2016 7/27/2016 Lennar Lennar 78 78 0 25 23 LDR 29%
309 188 121 250 244 79%
BOULDER PONDS-162 Total
Boulder Ponds 1st 4/21/2015 4/21/2015 5/16/2015 6/5/2015 OP 4 Boulder Ponds Creative Homes 47 47 0 41 39 PUD/LDR 83%
Boulder Ponds 2nd 5/17/2016 5/17/2016 4/12/2017 5/8/2017 OF 4 Boulder Ponds Creative Homes 18 18 0 17 15 PUD/LDR 83%
Boulder Ponds 3rd 6/19/2018 8/8/2018 8/31/2018 10/18/2018 OP 4 Boulder Ponds Creative Homes 33 33 0 11 0 0%
98 98 0 69 54 55%
THE SPRINGS AT LAKE ELMO-300 Total
The Spring at Lake Elmo 0 0 0 0 0
0 0 0 0 0
BENTLEY VILLAGE-239 Total
Bentley Village 0 0 0 0 0
0 0 0 0 0
HUNTER'S CROSSING-51 Total
Hunter's Crossing 1st 7/1/2014 10/7/2014 10/15/2015 12/18/2014 Ryland/Cal Atlantic Cal Atlantic 22 22 0 22 22 LDR 100%
Hunter's Crossing 2nd 5/5/2015 5/5/2015 5/29/2015 8/4/2015 Ryland/Cal Atlantic Cal Atlantic 29 29 0 29 29 LDR 100%
51 51 0 51 51 100%
INWOOD-537 Total
Inwood 1st 5/19/2015 5/19/2015 6/9/2015 8/3/2015 Hans Hagen/MI Homes MI Homes 40 40 0 39 38 PUD/LDR 95%
Inwood 2nd 9/1/2015 N/A 11/19/2015 11/23/2015 Hans Hagen/MI Homes MI Homes 21 21 0 21 21 PUD/LDR 100%
Inwood 3rd 4/19/2016 5/3/2016 5/16/2016 5/23/2016 Hans Hagen/MI Homes MI Homes 68 68 0 68 68 PUD/LDR 100%
Inwood 4th 10/18/2016 2/7/2017 4/5/2017 3/27/2017 Hans Hagen/MI Homes MI Homes 38 38 0 28 26 PUD/LDR 68%
Inwood 5th 4/4/2017 6/6/2017 6/15/2017 6/19/2017 Hans Hagen/MI Homes MI Homes 101 101 0 72 70 PUD/LDR 69%
268 268 0 228 223 83%
HAMMES ESTATES(Lake Ridge Crossing-163 Total
Hammes Estates 1st 10/7/2014 8/16/2016 8/16/2016 9/27/2016 Rachael Development Multiple 57 57 0 43 39 LDR 68%
Hammes Estates 2nd 1/3/2017 2/7/2017 6/9/2017 6/30/2017 Rachael Development Multiple 37 37 0 13 11 LDR 30%
Hammes Estates 3rd 2/20/2018 3/20/2018 3/21/2018 5/2/2018 Rachael Development Multiple 69 69 0 1 0 LDR 0%
163 163 0 57 50 31%
ROYAL GOLF-292 Total
Royal Golf-1st 9/5/2017 9/19/2017 9/19/2017 9/29/2017 HC Royal Golf Multiple 73 73 0 51 48 GCC 66%
Royal Golf-2nd 6/19/2018 6/19/2018 6/19/2018 8/2/2018 HC Royal Golf Multiple 64 64 0 7 1 GCC 2%
Royal Golf-3rd 12/4/2018 Extension granted to 2020 HC Royal Golf Multiple 67 67 0 0 0 GCC 0%
204 204 0 58 49 24%
SOUTHWIND AT LAKE ELMO-46 Total
Southwind 7/5/2017 7/5/2017 7/17/2017 8/21/2017 Southwind Builder Southwind Builders 46 46 0 18 7 MDR 15%
46 46 0 18 7 15%
NORTHPORT-104 Total
Northport 1st 9/5/2017 9/19/2017 11/15/2017 11/15/2017 Pulte Homes Pulte Homes 36 36 0 16 12 LDR 33%
Northport 2nd 7/17/2018 7/17/2018 8/21/2018 8/14/2018 Pulte Homes Pulte Homes 29 29 0 2 0 0%
65 65 0 18 12 18%
WYNDHAM VILLAGE-10 Total 12/4/2018 10 10 0 0 0 0%
10 10 0 0 0 0%
Northern Developments
EASTON VILLAGE-217 Total
Easton Village 1st 3/3/2015 3/3/2015 7/23/2015 8/10/2015 Chase Development Multiple 71 71 0 66 63 LDR 89%
Easton Village 2nd 5/2/2017 6/6/2017 6/6/2017 7/5/2017 Chase Development Multiple 19 19 0 18 13 LDR 68%
Easton Village 3rd 7/18/2017 7/18/2017 7/6/2017 9/5/2017 Chase Development Multiple 28 28 0 19 16 LDR 57%
Easton Village 4th 5/15/2018 5/15/2018 9/10/2018 9/19/2018 Chase Development Multiple 25 25 0 6 0 LDR 0%
143 143 0 109 92 64%
LEGACY AT NORTH STAR-266 Total
Legacy at North Star 1st 8/21/2018 8/21/2018 9/14/2018 9/14/2018 Gonyea Homes Multiple 59 59 0 17 1 VLDR 2%
59 59 0 17 1 2%
VILLAGE PRESERVE-91 Total
Village Preserve 1st 5/5/2015 6/2/2015 8/3/2015 8/25/2015 Gonyea Homes Multiple 46 46 0 44 42 LDR 91%
Village Preserve 2nd 4/19/2016 8/16/2016 8/19/2016 9/9/2016 Gonyea Homes Multiple 45 45 0 40 36 LDR 80%
91 91 0 84 78 86%
WILDFLOWER-145 Total
Wildflower @ Lake Elmo 1st 7/21/2015 8/4/2015 8/27/2015 10/6/2015 Engstrom Companies Multiple 60 60 0 42 38 PUD/MDR 63%
Wildflower @ Lake Elmo 2nd 12/6/2016 3/21/2017 6/20/2017 6/20/2017 Engstrom Companies Multiple 20 20 0 8 6 PUD/MDR 30%
Wildflower @ Lake Elmo 3rd 3/20/2018 4/17/2018 7/26/2018 8/7/2018 Engstrom Companies Multiple 25 25 0 0 0 PUD/MDR 0%
105 105 0 50 44 42%
Cummulative Totals 1612 1491 121 1009 905 56%
Non-Sewered Development
Development Status Sheet Final Plat Appro DA Agreement DA Agreement Plat Recorded Updated 3/4/19
Approved Signed Total# Total#of Total#of Building CO'S
LEGENDS-40 Total Developer Builder Of Homes SF Homes Townhomes Permits Issued Issued Zoning
Legends
0
0 0 0 0 0
HIDDEN MEADOWS-26 Total
Hidden Meadows Creative Homes 0
0 0 0 0 0
Note: Building Permits are updated at the end of each month. CO's are updated as issued.
Items in red are waiting on information from Planning