HomeMy WebLinkAbout4PZ Agenda packet; 8-12-191
STAFF REPORT
DATE: August 12, 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. The Parks Commission has reviewed the section of code that pertains to
park dedication and the Planning Commission had a chance to review the proposed Staff amendments on July 22,
2019. The comments from both Commissions are incorporated into the version that is being reviewed today.
ISSUE BEFORE THE COMMISSION:
Does the Commission have final comments or changes about the proposed amendments to the subdivision code?
REVIEW AND ANALYSIS:
The Parks Commission has reviewed 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. This is noteworthy because the
Planning Commission would no longer review final plats, unless there is a significant change from the preliminary
plat. 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 ask the Commission to formally review the plan. The proposed
change is listed below:
Review of Final Plat:
After a developer receives preliminary plat approval from the City they are awarded development rights. The preliminary
plat sets the design and scope of the development. At this point they are legally allowed to build their project as it was
presented and established during the preliminary review, subject to the applied conditions. Once a developer submits
for a final plat and as long as this plat is in line with the preliminary plat approval, the City cannot deny the request and
is limited on applicable conditions that can be applied. Because of this Staff is recommending language requiring the
Planning Commission to review final plats be removed from the subdivision ordinance since the review is more or less
a formality. The amendment is outlined below.
(3) Planning Commission action. After review of the final plat by the staff, the Planning Commission shall review
the final plat for substantial compliance with the approved preliminary plat and make recommendation to Council. The
Planning Commission shall review final plats if the applicant is proposing a substantial change(s) as determined by City
Staff from the preliminary plat as approved by the City Council.
City Staff would then only ask the Commission to review Final Plats if there is a change to them but as previously stated,
if the final plat matches the preliminary plat there is not a need for the Planning Commission to provide a review of a
final plat.
Park Dedication Review:
The Parks Commission focused their attention on the park related components of the code. To break it down the Parks
Commission was asked to review the dedication requirements for two new zoning classifications, 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 table outlining the dedication requirements has
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been reduced from four sections to three. Staff was also recommending an increase in Commercial Park Land
dedication. The Parks Commission recommended an increase 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. During the July 22nd
meeting Staff has asked the Planning Commission to also review the increase in fee structure.
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.
Commercial Requirements:
As stated before the Parks Commission thought the commercial payment could increase further from the first
suggestion. As addition criteria for the second review Staff used Cities that share a border with a major highway such
as Highway 36 or I-94. The thought behind this comparison is that values for commercial land would be more similar
in value. 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 a 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 neighboring
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 could be justified. This amount would be required for projects
that do not have a residential component
Trails:
It was also important for the Commission to make sure they had an opportunity to improve upon the trail dedication
language that is incorporated into the park section of the code. The proposed amendment is outlined below in red.
(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 planned trails as additional infrastructure is established.
Zoning Districts Minimum Required Land
Dedication
V-LDR, GCC, LDR, MDR, HDR, 10%
RS, AG, RE, RR (Rural Districts) 5%
C, CC, LC, BP, VMX, MU-BP, MU-C
Minor Subdivisions
Fees as set by Council
resolution a
$4,500/acre
Existing Fee Structure
Proposed Fee Structure
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FISCAL IMPACT:
Staff does not foresee a negative fiscal impact with the proposed code change.
COMMENTS AND RECOMMENDATION:
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
Planning Commission: The comments/amendments from the previous Planning Commission meeting are incorporated
into the amended sub division code that is presented today (8.12.2019)
Options:
Recommend approval of the amendments as proposed.
Recommend approval with amendments to the proposed language.
Recommend denial of the amended language.
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.
“Motion to recommend to the City Council approval of the subdivision code amendments 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, morals as to
the urban services and facilities, the following subdivision regulations are adopted by the
Council 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 or hertheir
land insofar as the use and enjoyment may be to accomplished enjoyment without detriment to
the public interest and within the minimum standards established by this chapter.
(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 or any means by which a
tract of land is divided into 2 or more parcels 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 §
152.110. 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 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 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.
(5) The resulting parcels shall generally conform to the shape, character, and area of
existing or anticipated land subdivisions in the surrounding areas.
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(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 AdministratorCity 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 affected parcels 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 Zoning AdministratorPlanning Department who shall
make a written finding in regard to the provisions of division (B) above. The Zoning
AdministratorCity'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 AdministratorCity, action on the application shall
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
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approval, the applicant shall provide the Zoning AdministratorCity 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 AdministratorCity'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 whereinshown 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 or fees paid in lieu of dedication 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 Zoning
AdministratorCity 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 (11” X
17”) copies of all graphics. The application shall be considered as being officially
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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 AdministratorCity
(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.
l. Sewage treatment systems and/or well locations.
m. 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 Zoning
AdministratorCity. The Zoning AdministratorCity may waive for good cause
certain information requirements not pertinent to the particular minor subdivision
request.
(D) Review of Minor Subdivision.
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(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 Parks
Commission, and the appropriate county, state, or other public agencies for their
review and comment. The Zoning AdministratorCity 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
AdministratorCity 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
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 Zoning
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AdministratorCity 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 Zoning
AdministratorCity 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 (11” 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 AdministratorCity
(4) A scaled drawing which includes:
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;
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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
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
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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 City Codeis code, 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 Zoning AdministratorCity 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
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.
12
(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 AdministratorCity 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 (11” 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 and submitted all
the information as outlined below;. The applicant will be responsible for all expenses incurred in
obtaining the required information.
(1) The applicant shall submit a minimum of 4 large scale copies and 10 reduced
scale (11” X 17”) copies of all graphics as well as electronic versions of all the
submitted documentation and project plans. The applicant will be responsible for
all expenses incurred in obtaining the required information.
(2) 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;
(1)(3) A fee as set forth by the City’s adopted fee schedule;
(2)(4) Detailed written and graphic materials fully explaining the proposed major
subdivision;.
(3)(5) List of property owners located within 350 feet of the subject property in a
format prescribed by the Zoning AdministratorCity;
(4)(6) 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)(7) 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)(8) 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;
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(7)(1) 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)(9) Data and north point; and
(9)(10) Date of preparation.
(10)(11) Existing conditions.
a. Boundary line of proposed subdivision, clearly indicated;
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)(12) 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:
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i. 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.
ii. 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.
iii. 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.
iv. If appropriate, names with the same theme (i.e. flowers, nature) are
permitted for naming streets in an entire subdivision.
v. 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;
f. 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;
15
k. All private sewage treatment systems shall be installed in accordance with
standards established by the CityWashington County. Demonstration of two
separate and distinct 10,000 square-foot contiguous land areas, suitable for septic
drainfields or onsite system treatment area, is required;
l. 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 Codecode, storm water management and erosion sediment control;
m. 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
16
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;
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 AdministratorCity 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.
17
(C) Public Hearing Set. Upon receipt of a complete application, the Zoning AdministratorCity
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 Administrator 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
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
18
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
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
AdministratorCity 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
19
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11” 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 and submitted all
the information as outlined below;. The applicant will be responsible for all expenses incurred in
obtaining the required information.
(1) The applicant shall submit a minimum of 4 large scale copies and 10 reduced
scale (11” X 17”) copies of all graphics as well as electronic versions of all the
submitted documentation and project plans.
(1)(2) 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;
(3) A fee as set forth by the City’s adopted fee schedule.
(2)(4) Final tree preservation and landscape plans.
(3)(5) A written summary of how all conditions of preliminary plat approval
have been met.
(4)(6) Written statement explaining changes or modifications to the preliminary
plat.
(5)(7) 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.i. 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.viii. Scale of plat (the scale to be shown graphically on a bar scale), date, and
north point;
x.ix. Statement dedicating all easements;
xi.x. Statement dedicating all streets, utility easements, and other public areas
not previously dedicated; and
xii. Certificate for approval by the City Planning Commission and the
Council. The certificate shall be prepared for the signatures of the Chair
20
and Secretary of the City Planning Commission, and the Mayor and
Administrator.
(6)(8) 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.
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.
21
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.
(7)(9) 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.
(8)(10) 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.
(9)(1) Final tree preservation and landscape plans.
(10)(11) 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.
22
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
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 preliminary 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
AdministratorCity 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 review of the final plat by the staff, the Planning
Commission shall review the final plat for substantial compliance with the approved
preliminary plat and make recommendation to Council.The Planning Commission shall
review final plats if the applicant is proposing a substantial change(s) as determined by
City Staff 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
23
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. The subdivider shall, immediately upon
recording, furnish Administrator with 2 paper prints and 1 reproducible film positive of the plat
showing evidence of the recording. 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
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
24
(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 Zoning
AdministratorCity 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 (11”
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.
(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 Administrator 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
25
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
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
26
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.
(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.
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(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 theis 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 theis City code for other applicable easement regulations.
(D) Erosion and sediment control. Erosion and sediment control plans shall be provided in
accordance with § section 150.277(B) of theis City code.
(E) Drainage. A complete and adequate drainage system design, in accordance with the
Watershed District, § section 150.277(A) of theis 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
28
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, and/or gas serviceAll 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.
(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. Permanent Ddead-end streets are prohibited except for public
streets that will provide a street connection to an adjoining property., but cCul-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.
29
(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.
(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)(13) 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 neit 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.
30
(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.
Zoning Districts Minimum Required Land
Dedication
V-LDR, GCC, LDR, MDR, HDR, RS, V-LDR, GCC, LDR, MDR,
HDR 10%
RS, AG, RE, RR (Rural Districts)RE and OP Development 75%
RR and AG 4%
C, CC, LC, BP, VMX, MU-BP, MU-CC, CC, LC, GP, BP, VMX Fees as set by Council
resolution a
a. A 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
Formatted Table
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(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 planned 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
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. final plat approval for
commercial developments or major subdivisions, or prior to the City’s approval of the deeds of
conveyance in those cases where a residential subdivision will result in 3 or fewer lots.
(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 so 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.
Formatted: Font:
Formatted: Font: Italic
Formatted: Indent: First line: 0.25"
32
(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
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.
33
(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.
(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 (I) 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
34
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 Treasurer 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
§ 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.
35
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
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-205 was published on the ____ day of ___________________, 2019.
STAFF REPORT
DATE: 8/12/2019
ITEM #: 5A– NEW BUSINESS ITEM
TO: Planning Commission
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Union Park Addition – Easement Vacations and Final Plat
REVIEWED BY: Jack Griffin, City Engineer
BACKGROUND:
Pulte Homes of Minnesota (Pulte) is requesting City approval of easement vacations and the Final Plat to
create lots for 62 townhomes located on 7.92 acres. This proposed final plat is the first phase of a 240
townhouse residential development on +/32.40 acres. This site is part of a 72.60 acre final plat to be
known as Union Park.
The First Addition includes 62 lots for town houses, street rights-of-way and storm water ponding
areas that are located within a 7.92 acre area. Proposed final plat also includes the street right-of-way
for 5th Street North, for future Julia Avenue and would create several outlots for future development.
Staff is recommending approval of the request subject to meeting the conditions listed in this report.
ISSUE BEFORE THE COMMISSION:
The Commission is respectfully being requested to review and make a recommendation to the City
Council about the proposed easement vacations and on the proposed Final Plat for the Union Park First
Addition.
GENERAL INFORMATION:
Applicant: Pulte Homes of Minnesota, 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN
55344
Property Owner: DPS – Lake Elmo, LLC (Alan Dale), 6007 Culligan Way, Minnetonka, MN 55345
Location: South Side of 5th Street North, east of future Julia Avenue North
PID#s: 34-029-21-34-0006 (west property) and 34-029-21-43-0003 (east property)
Request: Easement Vacations and Final Plat
Site Area: 7.92 acres (total for first townhouse phase)
Total Dev. Area: 72.60 acres (overall final plat area)
Surrounding Area: North – Savona (Urban Low Density Residential); West –Multi-
tenant strip mall and Lampert’s lumber yard (Commercial); East –
Vacant land (Commercial) and Savona townhomes (Urban Medium
Density); South – Vacant land (Rural Development Transitional
Planning Commission Meeting
August 12, 2019 Page 2
guided Mixed Use Commercial in draft 2040 Comprehensive Plan.
Includes the site of the 300 unit Springs Apartments)
Comprehensive Plan (2040): MDR - Medium Density Residential (4-8 units per acre)
History: On November 6, 2018, the City Council reviewed and commented on the 239-unit
sketch plan for this site.
On February 25, 2019, the Planning Commission held a public hearing and
recommended approval of Bentley Village subject to the conditions listed in the staff
report.
On March 19, 2019, the City Council approved the proposed preliminary plat and
zoning map change (to MDR) for Bentley Village by Resolution 2019 – 020. This
approval was for up to 240 townhouses on 41.6 acres lying south of 5th Street North.
Action Deadline: Application Submittal – 5/24/2019
Incomplete Letter Sent – 5/31/2019
Resubmittal – 7/12/2019
60 Day Deadline – 9/11/2019
Extension Letter Mailed – No
120 Day Deadline – N/A
Regulations: Chapter 153 – Subdivision Regulations
Article 10 – Urban Residential Districts (MDR)
§150.270 Storm Water, Erosion, and Sediment Control
PROPOSAL DETAILS/ANALYSIS:
Changes since Preliminary Plat Reviewed by the Planning Commission. The most significant change
to the project plans and proposed final plat are the scope of the property that the developer is including in
the final plat. As proposed, the Union Park final plat will divide the area between 5th Street North and
Hudson Boulevard into several lots and outlots and includes the rights-of-way for 5th Street and Julia
Avenue. As shown, the final plat includes four outlots for future development or phases of development
and the street rights-of-way for 5th Street North and Julia Avenue. These changes account for all the
property between 5th Street North and Hudson Boulevard that is now owned by one property owner and
provides the City with the necessary right-of-way for Julia Avenue and creates Outlot H – the site of the
Springs Apartment development.
As for the part of the final plat that will be for the first phase of the Pulte townhouses, the proposed final
plat is consistent with the approved preliminary plat.
Lot Sizes and Widths. The proposed lot layout and sizes for the townhouses are consistent with the
approved preliminary plat.
Landscape and Tree Preservation Plans. The City’s Landscape Architect reviewed the landscape plans
and tree for this phase of the development. I have attached his report. He found that the First Phase
landscape plans as submitted to the City are consistent with the preliminary approval and all City
requirements. As such, he is recommending approval of those plans.
Planning Commission Meeting
August 12, 2019 Page 3
Streets. All the local streets in this development will have a 53 foot right-of-way and are 28 feet wide –
consistent with the standards the City approved with the preliminary plat. The developer is showing no
parking on one side of the neighborhood streets – primarily along the side of the street with the
driveways for the townhouses. The proposed street names are consistent with the street names as
approved by the City with the preliminary plat.
Outlots. The proposed final plat has several outlots. Outlots A, B, C and D will be owned and maintained
by the HOA and are consistent with the preliminary plat. The plans indicate that Outlot B will be owned by
the HOA but it also will be for a storm water pond. Outlot E will be for the second phase of the townhouse
development while Outlot F will be for Phases 3 and 4 of the townhouse development.
Outlots G and H incorporate the remainder of the underlying property and will be for future development.
The City recently approved the Springs Apartment development for Outlot H.
Park Dedication. The proposed development is within a Neighborhood Park search area of the
Comprehensive Plan. Savona Park meets the needs of this search area, as it is located just over 500 feet
from the northern edge of the proposed development. The developer is proposing and Staff recommends
that fees in lieu of land be paid in order to satisfy the park dedication requirements. As per the City’s
Subdivision Regulations, 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 MDR zoning district requires 10% of the total acreage being developed), and the amount is to
be determined by reference to current market data, if available, or by obtaining an appraisal from a
licensed real estate appraiser. In summary, the developer will be required to 10% of the value of land as
park dedication.
The applicant will need to provide the City with the purchase price of the property in order for the City to
determine parkland dedication fee.
Subdivision Signs. Section 154.212(G) (1) (c) of the Zoning Code allows each residential subdivision to
have one subdivision identification sign per entrance. The maximum size for subdivision identification
sign is 32 square feet in area for the main entrance and a maximum sign area of 24 square feet per sign for
all other locations.
The developer has not yet submitted a proposal for an entrance monument or subdivision identification
sign for this site. Any signs would require a permit from the City.
Fire Chief and Building Official Comments. Planning staff provided the Fire Chief and Building Official
copies of the proposed Union Park First Addition final plat. They offered the following comments:
Fire Chief Malmquist:
Some of the following comments are continued from my project review of January 31, 2019
• All aspects of this project must comply with the 2015 MN State Fire Codes as applicable.
• Determination of sprinkler requirements per code.
• Location of FDC (Fire Department Connection) approved by Fire Chief for all sprinkled
buildings.
• Location of hydrants. I met with City Engineer Jack Griffin on May 21, 2019 to review hydrant
locations. Recommendations were forward to the developer with one follow up revision. I will
rely on our Engineer to ensure compliance based on the master set of plans.
Planning Commission Meeting
August 12, 2019 Page 4
• Roads – private or public, proper widths, allowable parking, proper signage? Reviewed plans for
Parking and No Parking areas with City Engineer Jack Griffin on May 21, 2019. I will rely on our
Engineer to ensure compliance based on the master set of plans.
• Proper access for emergency vehicles. Based on City Engineers review based on City Standards.
• Chemical storage for pool. Has pool been eliminated? (NOTE – It has been eliminated).
• Any additional items identified as the project moves forward.
Building Official:
1. Fire hydrant spacing/locations, street signage, etc. shall be in accordance with City regulations.
2. Provide temporary turn-arounds or temporary cul-de-sac and street ends where necessary.
3. Street signs shall be installed before any (home) construction may be begin.
City Engineer Comments. The City Engineer memo dated August 1, 2019 is attached to this report. He
had several comments about the ownership and platting of the various outlots and the easements the City
should require from the developer as this project moves forward.
Other Concerns.
Watering Ban. Due to shortage of water, the City may need to implement severe watering
restrictions in the City for this summer and into the future. This could include limiting or
prohibiting the use water outside including for car washing and for watering grass. This could
affect future home builders and buyers as there may be a limited supply of water available for
outdoor uses. It may be wise for the City to put a condition on this phase of the plat to require the
home builders to inform the buyers about the possible watering restrictions.
Off-Site Easements. Condition 23 of the preliminary plat approve states: “The applicant shall
provide the City with a copy of written permission for any off-site grading work and storm sewer
discharges to adjacent properties before starting any site work, grading and as part of any final
plat application.” For Union Park, there are two areas from the development that discharge
storm water to adjoining properties – to the south and to the east. The property to the south is
currently owned by the same property owner as the development site so grading along the
southern edge of the site and discharging storm water to the south is not a major concern of City
staff. The property to the east of the site, lying south of the Savona townhouses, however, is
owned by a different person. The development plans show a storm water pond along the eastern
edge of the site to collect the storm water run-off before it discharges to the east. The existing
overland flow in this area is generally from northwest to the southeast. The pond discharges are
shown to be a reduced discharge rate in the storm water model that satisfies the storm water
permit requirements for the development. However, the discharge is changed from a broader
sheet flow to two single point discharges, with one of the discharges being moved roughly 200
feet south of the existing drainage way on the adjoining property. This discharge location may
create a different storm water flow pattern over a portion of the neighboring property.
It is consistent with City ordinances and practices to require developers to obtain written
permission or easements from neighboring properties for storm water impacts to those adjoining
properties. The developer has not agreed to get an easement for their storm water discharge
stating that an easement is not necessary since there already is storm water going onto that
property. The City Attorney provided staff with an opinion that in this case the developer does
not need to obtain and easement from the neighboring landowner. However, the City will want to
ensure the City is not liable or responsible for any damages caused by the change in the storm
Planning Commission Meeting
August 12, 2019 Page 5
water flow if this plan moves forward. The best way to ensure this is to require the developer to
get an easement before the City releases the final plat for recording or before issuing a grading
permit for the project. If the City does not require Pulte to get an off-site easement, then the City
should require Pulte to indemnify the City from any liability in this case.
Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for obtaining
final subdivision approval, in which case a final plat may only be reviewed after the City takes action on
a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be
approved by the City. Please note that the City’s approval of the Preliminary Plat did include a series of
conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section
below. There are no public hearing requirements for a final plat.
In order to provide the Planning Commission with an update concerning the conditions associated with
the preliminary plat for Union Park (formerly known as Bentley Village), Staff has prepared the
following:
Preliminary Plat Conditions of Approval for Bentley Village as designated by Council Resolution
2019-020 - with Staff Update Comments (updated information in bold):
1. That the City approves a Zoning Map Amendment to rezone the site from RT (Rural Development
Transitional) to MDR (Medium Density Residential). (DONE)
2. That the preliminary plat includes parcels with the PID#s 34-029-21-34-0006 and 34-029-21-43-
0003.
3. That all comments and conditions of approval in the City Engineer’s Memorandum dated
February 17, 2019 be addressed and included with the revised project plans for City approval.
(The City Engineer reviewed the latest project plans and has provided the City comments
dated August 1, 2019.)
4. That revised preliminary plat plans include an overall tree planting and landscape plans for each
phase of the development. Landscaping must not conflict with utilities and with pond
maintenance access. Boulevard trees are not allowed in the 10-foot-wide drainage and utility
easements along the public streets. All landscaping and tree plans shall incorporate the comments
and conditions in the Landscape Architect’s memos dated February 15, 2019 and March 6, 2019
and shall be approved by the City’s Landscape Architect. (The City’s Landscape Architect has
reviewed the latest project tree and landscape plans and is recommending their approval).
5. That the developer shall incorporate each phase of Bentley Village into the Common Interest
Agreement concerning management of the common areas and establish a homeowner’s
association that shall be submitted in final form to the Planning Director before the City will issue
a building permit for any structure in any phase of the development. Said agreement shall comply
with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of
control to the future property owners. The HOA documents shall include required maintenance of
all private amenities including open space and trails. (Still pending).
6. The applicant shall enter into a landscape license and maintenance agreement with the City that
clarifies the individuals or entities responsible for any landscaping installed for each platted phase
of the development. (Still pending – City staff will work with the applicant to prepare the
necessary agreement).
7. That the HOA be responsible for the ownership and maintenance of all landscape (retaining)
walls within the development.
8. That the developer shall install an HOA owned and maintained children’s play structure or other
similar improvement on Outlot H as shown on the preliminary plat submittal.
Planning Commission Meeting
August 12, 2019 Page 6
9. That the developer provide the City fees in lieu of park land dedication as required by 153.15 of
the City Code with each final plat. (Still pending – the exact amount of this fee for this phase
needs to be calculated).
10. That the revised preliminary plat plans include a parking area for the HOA pool/recreation area
(if the developer constructs the pool) that meets all applicable standards. (Not applicable – the
developer has changed the pool to a dog park).
11. That the HOA documents include architectural requirements that require 4-sided architecture on
all buildings and garage doors shall not have flat panels. The City encourages the builder to
include windows and/or other architectural features in all exterior doors and garage doors. City
staff shall approve all building exterior designs including colors and materials before the City
issues building permits for the town houses. (Still pending – needs City approval).
12. That the developer submit a sidewalk and trail phasing plan to be approved by City Staff and that
the developer/contractor construct the public sidewalks and trails within each phase before the
City issues building permits for that phase of development.
13. That the developer install a six-foot-wide concrete public sidewalk on one side of every street in
the development. (These are shown on the construction plans).
14. That the Applicant place storm water ponds within outlots including the 100-year high water
flood level and all maintenance access. All outlots are to be owned and maintained by the HOA
with drainage and utility easements placed over all of each Outlot.
15. All storm water facilities shall be publicly owned and maintained. A storm water maintenance
and easement agreement in a form acceptable to the City shall be executed and recorded with the
final plat. (Still pending – City staff will work with the developer to prepare the necessary
agreements. These will cover all the outlots within the development site).
16. That if the applicant/developer wants to reuse storm water for private irrigation within the
development that the project engineer submit details to the City about the proposed storm water
reuse system and ongoing operations that will be subject to approval by the City. The applicant
must clearly define the proposed ownership, maintenance and ongoing operational
responsibilities for the proposed system and City acceptance of storm water reuse will be
contingent upon the City agreeing to the ongoing ownership, maintenance and operation plan,
including the execution of a storm water maintenance agreement that addresses storm water
reuse. In addition, all storm water system plans and specifications shall be subject to approval by
the City Engineer and must address recommended reuse water quality, storm water pond pump
intake design, pond draw down guidelines, filtration recommendations, backflow prevention
design, and potable water back-up supply design. (Still pending – the developer has proposed
reuse in the approved storm water management plan so the City will need to approve the
design details for the reuse systems. Should the developer choose not to implement storm
water reuse, a revised storm water management plan and revised VBWD permit will be
required.).
17. The Preliminary Plat approval is conditioned upon the applicant meeting all City standards and
design requirements unless specifically addressed otherwise in these conditions.
18. The revised preliminary plat and Final Plat(s) shall include all necessary public right-of-way and
easements for 5th Street North and for Road G. (Done).
19. The revised preliminary plat plans shall include a storm water management plan including a
summary report describing the overall management plan and performance criteria for all required
storm events. (In process – plan will need final City approval).
20. That the applicant shall obtain all necessary permits including but not limited to all applicable
city permits (building, grading, sign, etc.), NPDES/SWPPP permits and Valley Branch Watershed
District approval before starting any grading or construction activities.
Planning Commission Meeting
August 12, 2019 Page 7
21. That the preliminary plat plans be approved by Valley Branch Watershed District and that the
applicant provide the City evidence that all conditions attached to a Valley Branch Watershed
District permit will be met before the starting any grading activity on the site.
22. The applicant must provide the City a letter of approval from the owner of the gas main to
perform the proposed work in the gas pipeline easement as a condition of preliminary plat
approval and before the contractor starts any site work or site grading. (Not needed for Phase 1
or 2 unless the developer chooses to grade the entire site with the First Addition).
23. The applicant shall provide the City with a copy of written permission for any off-site grading
work and storm sewer discharges to adjacent properties before starting any site work, grading and
as part of any final plat application. (Still pending – see discussion on staff report).
24. That the applicant or developer address all the comments of the Fire Chief and the Building
Official with final site and building plans including the placement of buildings and fire hydrants,
street and driveway design, on-street parking and emergency vehicle access within the site.
(Done).
25. That the applicant revise the project plans to show storm sewer easements and effective
maintenance areas with a minimum width of 30 feet with a minimum of 15 feet of clearance from
the pipe centerline. This includes locations where underground pipes run between buildings.
(Done – subject to the City Engineer’s review of the final project plans).
26. That there shall be no encroachments into drainage and utility easements and corridors other than
those reviewed and approved by the City Engineer and upon execution of an easement
encroachment agreement. Prohibited encroachments include, but are not limited to trees,
landscaping, retaining walls, buildings and storm water retention.
27. That the developer prepare exhibits for City staff approval that clearly identifies the property
lines, easements, proposed building locations and the required and proposed setbacks for each of
the lots and each building site within the development. (Done).
28. That all garage doors be setback at least 25 feet from the street right-of-way to provide off street
parking on the driveway to allow vehicle parking without blocking a public sidewalk. (Done).
29. That the applicant update the preliminary plat plans to include street names that are consistent
with the City’s street naming policy with the names listed herein. All street names shall be
approved by the City Council. (The proposed street names are consistent with the street
names the City approved with the preliminary plat).
30. The Applicant(s) or developers shall submit a photometric plan for the development for staff
review and approval. All lighting must meet the requirements of Sections 150.035-150.038 of the
City Code. (Still pending – City staff will need to approve this plan before the City issues
building permits).
31. Before to the installation or construction of any subdivision identification signs or neighborhood
markers within the development, the developer shall submit sign plans to the City for review and
obtain a sign permit from the City.
32. That the applicant provide the City a detailed construction and staging plan with the construction
plans and final plat for each phase of the development. These plans are to clearly indicate the
phasing of the site grading, the phasing of the construction of each public infrastructure
component (including required turn lanes, trails and sidewalks) and shall address access to that
phase of the development for construction purposes and for residents. The City may require
temporary cul-de-sacs at the end of streets with the first and third phases of the development.
(The phasing plans are complete and the City is requiring the developer provide the City
with temporary easements for the temporary cul-de-sacs).
33. Before the execution and recording of a final plat for any phase of the development, the developer
or applicant shall enter into a Developer’s Agreement with the City for that phase or project. The
Developer’s Agreement must be approved by the City Attorney and by the City Council. Each
such Developer’s Agreement shall delineate who is responsible for the design, construction and
Planning Commission Meeting
August 12, 2019 Page 8
payment for the required improvements with financial guarantees therefore. (Pending – City
staff will work with the developer to prepare the necessary development agreement).
34. The applicant or developer shall enter into a separate grading agreement with the City before
starting any grading activity in advance of final plat approval. The City Engineer shall review
any grading plan that is submitted in advance of a final plat, and said plan shall document extent
of any proposed grading on the site. (Pending – City staff will work with the developer to
prepare the necessary agreement).
35. That the applicant submit revised preliminary plat and project plans meeting all conditions of
approval for City review and approval. The revised applicant/developer project plans shall meet
all of the above conditions before the City will accept a final plat application for any phase of the
development and before the start of any clearing or grading activity on the site. (The City
Engineer has completed his review of the proposed final plat and the proposed construction
plans. They are mostly ready and approved – subject to corrections and changes).
EASEMENT VACATIONS
Easement Vacations. The applicant is requesting the City vacate two existing drainage and utility
easements that are now on the property. These easements are both just south of 5th Street – one running
from northwest to the southeast and the other runs from the northeast to the southwest. They were put
into place when Savona was developed. (Please see that attached exhibits showing the two existing
easements.) The City will not need these easements as the developer will be constructing new utility
systems and will be dedicating new easements with the final plat. In addition, the developer could not
record a new final plat (or replat) with the existing easements in place.
Minnesota Statue outlines the provisions for vacating a public right-of-way or easement. It states in part
that “Council may, by resolution, vacate any street, alley, public grounds, public way, or any part thereof,
on its own motion or on petition of a majority of the owners of land abutting said property. Easement
vacations require a public hearing and 4/5 vote by Council only if there has been no petition.”
Recommended Findings. Staff recommends approval of the Union Park First Addition Final Plat based
on the following findings:
1. That all the requirements of City Code Section 153.10 related to the Final Plan and Final Plat have
been met by the Applicant.
2. That the proposed Final Plat and for the Union Park First Addition will create 62 lots for townhouses
(Attached) residential units.
3. That the Union Park First Addition Final Plat are generally consistent with the Preliminary Plat and
Plans as approved by the City of Lake Elmo on March 19, 2019 by Resolution 2019-020.
4. That the Union Park Addition Final Plat and Plans are consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
5. That the Union Park First Addition Final Plat and Plans comply with general intent of the City’s
Medium Density Residential zoning district regulations.
6. That the Union Park First Addition Final Plat and Plans comply with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control and other
ordinances with the exception of issues identified in the August 12, 2019 Staff report to the Planning
Commission.
Planning Commission Meeting
August 12, 2019 Page 9
7. That the Union Park First Addition Final Plat and Plans comply with the City’s subdivision
ordinance.
8. That Union Park First Addition Final Plat and Plans are generally consistent with the City’s
engineering standards with the exception of necessary plan revisions outlined by the City Engineer
in his review comments to the City about the Union Park First Addition Final Plat and Plans dated
August 1, 2019.
Recommended Conditions of Approval. Staff is recommending certain conditions that have been
specifically identified as part of the final plat review and that have not otherwise been addressed by
the applicant, be addressed as part of the Planning Commission’s recommendation to the City
Council. The City Engineer’s review letter does identify several issues that need to be addressed by
the developer in order for the City to deem the final plans complete. Staff is recommending that City
Officials not sign the final plat mylars until the City’s construction plan review is finalized and all
necessary easements are documented on the final plat and if necessary, obtained for any off-site
impacts.
Based on the above Staff report and analysis, Staff is recommending approval of the final plat with
several conditions intended to address the outstanding issues noted above and to further clarify the
City’s expectations in order for the developer to proceed with the recording of the final plat.
Staff recommends the Planning Commission recommend approval of the requested Union Park First
Addition Final Plat with the following conditions:
1. Final grading, drainage, and erosion control plans, sanitary and storm water management plans,
landscape plans, and street and utility construction plans shall be reviewed and approved by the
City Engineer and applicable Staff before the recording of the Final Plat. All changes and
modifications to the plans requested by the City Engineer in the memorandums addressing Union
Park Final Plat and Plans dated August 1, 2019 shall be incorporated into these documents before
they are approved.
2. All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat before its execution by City Officials.
3. Final Plat shall be contingent upon the City receiving separate drainage and utility easements in the
City’s standard form of easement agreement for all off-site development improvements (beyond
the plat limits). All off-site easements must be clearly shown on the street, grading and utility plans,
with all dimensions labeled. The easements must be obtained before the start of grading or
construction.
4. Before the execution of the Final Plat by City officials, the Developer shall enter into a
Development Agreement acceptable to the City Attorney and approved by the City Council that
delineates who is responsible for the design, construction, and payment of the required
improvements and shall include the payment of required park dedication fees for the Union Park
First Addition Final Plat with financial guarantees therefore.
5. A Landscape License Agreement shall be executed for the maintenance of commonly held
homeowners’ association-owned and City-owned outlots, right-of-ways, and medians before the
release of the final plat by City Officials.
Planning Commission Meeting
August 12, 2019 Page 10
6. That the Landscape Plans for this phase of the development be approved by the City’s Landscape
Architect before recording of final plat.
7. That the applicant include in the Architectural Control guidelines the requirements that villa lots
utilize 4-sided architecture and garages facing the public right-of-ways to have windows and/or
other architectural features.
8. That the applicant address all Fire Chief and Building Official comments in their final development
plans.
9. That the applicant pay the City the required parkland dedication fee applicable to this phase of the
development (based on 7.92 acres of land) before the City releases the final plat for recording.
10. That the applicant notify all home builders and home buyers about possible City outdoor watering
restrictions and that the developer notify all home buyers that the City may impose limits on
outdoor water use including no watering of grass, sod or landscaping.
11. That applicant obtain any necessary approvals or easements from adjoin property owners for any
private off-site work or impacts the development may have, including, but not limited to, storm
water drainage and utility work.
RECOMMENDATIONS:
Staff recommends that the Planning Commission recommend approval of the proposed vacation of the two
drainage and utility easements lying south of 5th Street North in the proposed Union Park First Addition as
shown on the drainage and utility easement vacation Exhibits dated 1-03-2019 and 1-17-2019.
“Move to recommend approval of the request for the vacation of the two drainage and utility
easements on site of the Union Park final plat as shown on the drainage and utility easement vacation
exhibits dated 1-03-2019 and 1-17-2019.”
Staff recommends that the Planning Commission recommend approval of the Union Park First Addition
Final Plat and with recommended findings and conditions of approval.
“Move to recommend approval of the Union Park First Addition Final Plat with recommended
findings and conditions of approval.”
ATTACHMENTS:
1. Application Narrative dated May 24, 2019
2. City Maps and Project Plans (5 pages)
3. Proposed Final Plat (3 pages)
4. Easement Vacation Exhibit dated 1-3-2019
5. Easement Vacation exhibit dated 1-17-2019
6. City Engineer Report dated August 1, 2019
7. Landscape Architect’s report dated July 24, 2019
1
We Build Consumer Inspired Homes and Communities to Make Lives Better
“Union Park”
Formerly known as: “Bentley Village”
APPLICATION FOR:
FINAL PLAT
LAKE ELMO, MINNESOTA
May 24, 2019
Introduction
Pulte Homes of Minnesota, LLC (“Pulte”) is pleased to be submitting this application.
Our company mission statement is “Building Consumer Inspired Homes and Communities
to Make Lives Better”. We currently operate under three distinct brands of homebuilding
throughout the country: Pulte Homes, Centex Homes, and Del Webb. Pulte’s Minnesota Division
has an office in Eden Prairie. We sold approximately 500 homes in the Twin Cities in 2018, all
under the Pulte Homes brand.
Pulte will act as both developer of the property and builder of the homes. The primary contact for
Pulte is:
Paul Heuer, Director of Land Planning & Entitlement
7500 Flying Cloud Drive, Suite 670
Eden Prairie, MN 55344
952-229-0722
Paul.Heuer@PulteGroup.com
The owner of the property is:
DPS - Lake Elmo, LLC – Alan Dale
6007 Culligan Way
Minnetonka, MN 55345
952-288-2201
adale@stonehenge-usa.com
The surveyor, civil engineer, and landscape architect is:
Alliant Engineering
Primary contact: Mark Rausch
733 Marquette Ave Ste 700
Minneapolis, MN 55402-2340
(612) 767-9339
mrausch@alliant-inc.com
2
The Property
Legal Description:
That portion of the East Half of the Southwest Quarter and that portion of the West Half of the
Southeast Quarter, both in Section 34, Township 29, Range 21, Washington County, Minnesota,
described as follows:
Commencing at the West Quarter corner of said Section 34; thence South 00 degrees 00 minutes
40 seconds East, along the West line of said Section 34, a distance of 472.55 feet; thence North
89 degrees 57 minutes 32 seconds East, a distance of 1315.91 feet to the West line of said East
Half of the Southwest Quarter; thence South 00 degrees 02 minutes 55 seconds West, along said
West line a distance of 714.99 feet to the point of beginning; thence North 89 degrees 55 minutes
22 seconds East, a distance of 212.38 feet; thence Southeasterly along a tangential curve concave
to the Southwest having a central angle of 29 degrees 05 minutes 37 seconds, a radius of 1100.00
feet for an arc distance of 558.56 feet; thence South 60 degrees 59 minutes 01 seconds East,
tangent to said curve, a distance of 224.27 feet; thence Southeasterly along a tangential curve
concave to the North, having a central angle of 68 degrees 21 minutes 23 seconds, a radius of
760.00 feet for an arc distance of 906.71 feet; thence North 50 degrees 39 minutes 36 seconds
East, a distance of 410.97 feet; thence Northeasterly along a tangential curve concave to the
Southeast, having a central angle of 20 degrees 49 minutes 17 seconds, a radius of 1060.00 feet
for an arc distance of 385.20 feet; thence North 71 degrees 28 minutes 52 seconds East, tangent
to said curve, a distance of 202.22 feet to the East line of said West Half of the Southeast
Quarter; thence South 00 degrees 01 minutes 13 seconds West, along the East line a distance of
1517.53 to a line parallel with and distant 217.80 feet North of the North right of way line of
Highway No. 12; thence South 89 degrees 54 minutes 16 seconds West, along said parallel line,
a distance of 200.00 feet to a line parallel with and distant 200.00 feet West of said East line of
the West Half of the Southeast Quarter; thence South 00 degrees 01 minutes 13 seconds West,
along said parallel line, a distance of 173.18 feet to the North line of Minnesota Department of
Transportation Right of Way Plat No. 82-43; thence South 89 degrees 18 minutes 12 seconds
West, along said North line a distance of 1875.94 feet; thence continuing along said North line
South 89 degrees 53 minutes 55 seconds West, a distance of 230.61 feet to the East line of the
West 333.00 feet of said East Half of the Southwest Quarter; thence North 00 degrees 02 minutes
55 seconds East, along said line a distance of 599.99 feet to the North line of the South 675.00
feet of said East Half of the Southwest Quarter; thence South 89 degrees 53 minutes 57 seconds
West, along said North line a distance of 333.00 feet to said West line of the East Half of the
Southwest Quarter; thence North 00 degrees 02 minutes 55 seconds East, along said West line a
distance of 774.53 feet to the point of beginning.
Washington County, Minnesota
Abstract Property
Property Identification Number:
34-029-21-34-0006 west property
34-029-21-43-0003 east property
3
Address:
9450 Hudson Boulevard, Lake Elmo, MN 55042 – west property
East property has no address
Key Facts
Townhome Development per Approved Preliminary Plat:
• In March 2019, the City of Lake Elmo approved rezoning and preliminary plat for a 240
attached townhome development name Bentley Village
• Townhome development name has now been changed to “Union Park”
• 2030 Comprehensive Plan indicates Urban Medium Density with a density range of 4.5
to 7 units/acre
• 2040 Draft Comprehensive Plan indicates Urban Medium Density with a density range of
4 to 8 units/acre
• Townhome development area was rezoned to MDR Urban Medium Density Residential
• Development use: 240 attached townhomes with homeowner’s association maintenance
• Gross calculations, Townhome Development Only – Per Preliminary Plat Application:
o West property = 839,837 square feet = 19.28 acres
o East property = 971,593 square feet = 22.30 acres
o Total = 1,811,430 square feet = 41.58 acres
o Gross density = 240 units/41.58 acres = 5.77 units/acre
• Net calculations: Townhome Development Only – Per Preliminary Plat Application:
o Gross area = 1,811,430 square feet = 41.58 acres
o 5th Street ROW dedication = 294,126 square feet = 6.75 acres
o Net area = 1,517,304 = 34.83 acres
o Net density = 6.89 acres
• Dimensions/Setbacks: Townhome Development
o 25-foot front setback
o 25-foot rear setback
o 15-foot corner/side setback
o 20-foot side internal setback (building separation)
• Public utilities and streets throughout townhome development
• Local streets are 28-feet wide within a 53-foot right-of-way
• Open space area: Townhome Development – Per Preliminary Plat
o Open space (private outlots) = +/-594,015 square feet = 13.64 acres
• Open space/unit requirement = 500 sf
• Minimum open space/unit provided = 557 sf
• Impervious surface requirement = 50% maximum
• Impervious surface provided = 739,433 square feet = 49.8%
Phase 1 Final Plat “Union Park”
• Union Park Final Plat to include Phase 1of the townhome development with the first 62
townhome units, collector road right of way dedication and outlot parcel creation within
parent parcel for future development.
• Gross calculations, Final Plat (also refer to provided lot area summary)
• Right-of-way area dedication in Phase 1 Final Plat:
4
o Local = 73,770 square feet = 1.69 acres
o Julia Avenue “Collector” = 92,292 square feet = 2.12 acres
o 5th Street = 294,126 square feet = 6.75 acres
o Total = 460,188 square feet = 10.56 acres
• Phase 1 townhome development area + outlots = 345,135 square feet = 7.92 acres
• Future Development Outlots:
o Outlot E – Future phase 2 of townhome development = 381,050 square feet =
8.75 acres
o Outlot F – Future phaseS 3 and 4 of townhome development = 685,070 square
feet = 15.73 acres
o Outlot G – Future development lots retained by Property Owner = 556,066
square feet = 12.77 acres
o Outlot H – Future development lots retained by Property Owner = 735,149
square feet = 16.88 acres
• Total Final Plat Area = 3,162,659 square feet = 72.60 acres
• Wetland outside townhome development in Outlot H = 14,202 square feet = 0.33 acres
• Phase 1 townhome development dedicated open space (private outlots A,B,C,D) =
229,315 square feet = 5.26 acres
Neighborhood Vision
This property is in a very attractive location. It is conveniently located near freeways, parks, and
retail. However, its proximity to I-94 (as near as 700 feet) leads to higher levels of noise. This, in
addition to having a commercial property immediately to the south is an indicator that this
property is not a strong candidate for detached homes. The ideal use for this property is
attached housing as a natural transition between commercial properties to the south and single-
family properties to the north. Townhome buyers tend to be more tolerant of freeway noise and
more intensive land uses.
Our vision is to create an attractive townhome neighborhood with a focus on convenient access
to regional amenities and privately owned recreational amenities within the neighborhood. Key
neighborhood traits are:
1. Access – Union Park is very short drive to I-94 and 494, leading to high level of
convenience for homeowners.
2. Parks – Lake Elmo Park Reserve is just over one mile from Union Park, offering a wide
variety of recreational opportunities such as walking trails, swimming, archery, fishing,
horseback riding, camping, and cross-country skiing. A City park with a playground is
just to the north of 5th Street North with trail access connecting the park to 5th Street
North. 5th Street North has a trail along the north side and a sidewalk along the south
side. Union Park has a wide range of recreational opportunities nearby.
3. Retail – A wide variety of retail properties are just blocks away from the neighborhood,
including restaurants, Target, Walmart, Trader Joe’s, Cabela’s, and many others.
4. Private Amenities – We are planning the incorporation of private amenities for the use
of Union Park residents. Not only are such amenities attractive for homebuyers, but they
also help to create a sense of neighborhood identity and to facilitate social interaction in
a neighborhood.
5
Neighborhood Design
We have carefully studied the market, the City’s Comprehensive Plan, the property, and the
surrounding uses and have worked diligently to create a neighborhood layout that is ideally
suited for this property. We are very pleased with how our vision and the resulting plan have
come together. Below is a description of the various traits and strategies utilized in designing
the neighborhood.
Access
The trunk transportation network serving this property is in place. What remains is to connect to
the existing network at the safest locations.
We are making two connections to 5th Street North directly across from Jasmine Road North
and Junco Road North. By connecting at these locations, we will avoid the introduction of
additional connection points to 5th Street North. This results in the safest possible access to 5th
Street North.
We have included a 100-foot wide right-of-way to accommodate the new collector street “Julia
Avenue” which will connect 5th Street North to the commercial properties to the south and
ultimately to Hudson Boulevard North. We plan to build the portion of collector street that runs
through the subject property and to connect to this street to serve both the west and east
properties.
Combined, both the west and east properties have two safe access points with strong internal
connectivity between the access points.
Physical Constraints
Near the west edge of the west property, a natural gas pipeline bisects the property. Buildings
cannot be placed within this existing 50-foot wide easement. We have designed the
neighborhood to comply with the pipeline company requirements. The pipeline area is within or
near the phase 1 townhome area but will included within a future development outlot. No land
disturbance is proposed near the pipeline during this phase of the project.
On the north side of the west property, an existing overland drainage and utility easement
exists. We will extend storm sewer to collect this water and will provide new drainage and utility
easements. The old easement will be vacated. We have included an exhibit with this application
to facilitate vacation.
Near the east edge of the east property, an existing temporary 21-inch diameter storm sewer
pipe within an existing 30-foot wide easement runs through a portion of the property. The west
property also contains a storm sewer that discharges within easement onto the property. Both
storm sewer will ultimately be realigned and the easements will be vacated as required. We
have included an easement vacation request with the preliminary plat submittal and the 2
exhibits and legal descriptions have been provided with this application to facilitate vacation.
We understand the timing of the final vacations will occur as development phasing requires.
Parks
It is our understanding that the parks and open space dedicated within properties to the north of
5th Street North satisfy park needs for the area. Therefore, we anticipate paying park dedication
fees to satisfy our park requirements. The incorporation of private recreational amenities within
Union Park will reduce the demand/need for public parks and recreational amenities in the area.
6
Building Orientation
One important design attribute that can make a townhome neighborhood feel more “livable” is to
vary the orientation of the buildings. This prevents the feeling of “barracks” that can sometime
occur if attention is not given to how the geometric layout of the neighborhood impacts how it
“feels.” We are utilizing this strategy most powerfully at the primary intersection of 5th Street
North and the future collector road. Additionally, we have purposely created internal streets that
do not run in parallel, thereby preventing the “barracks” feel.
Private Amenities
A key part of creating new neighborhoods is understanding our customers and anticipating their
desires. This property is in an attractive location, surrounded by a variety of recreational, retail,
and convenience-oriented amenities. Still, many people desire private, social gathering places
to form bonds with their immediate neighbors. This is an important priority for many of our
customers, and the size of the neighborhood is large enough to economically sustain such
amenities. Based on our early market research, we are planning the following private amenities,
all to be owned and maintained by a professionally managed home owners association:
• Dog Park – Fenced dog park available to all townhome development residents to be built
in phase 1 in the east parcel.
• Playground/tot lot – Although a public tot lot exists north of 5th Street North, this street
will increasingly become a barrier as traffic volumes increase. Inclusion of a private tot
lot will be desirable.
• Open play areas – We are planning some open play area in both the east and west
sides. Residents will find many uses for these versatile spaces.
• Trails
Parking
Adequate parking in a townhome neighborhood is critical and we have a great deal of
experience in this area. We have designed the neighborhood to have a significant amount of
guest parking (see parking plan). In addition, the parking lot for the pool area is available for
overflow parking. It is our understanding that homeowners living in the existing townhome
neighborhood to the east have complained about lack of guest parking in their neighborhood.
Please be assured that our design differs from the adjacent neighborhood, which primarily
includes narrow private streets that do not allow parking. We are utilizing wider public streets
that accommodate parking on one side throughout the neighborhood. The difference in guest
parking accommodation is substantial.
Changes Since Preliminary Plat
The townhome development has been refined through the preliminary plat application submittal
to address comments from City Staff, Planning Commission and City Council.
Plan revisions since preliminary plat have been technical without needing fundament changes to
the development plan. Preliminary plat documents have been resubmitted to the City to
address City Engineer comment requests. Some of the updates to the plans include:
7
1. Parking – At the request of the City, the development plan has been updated to limit
parking to one side of the public street. No parking signage is identified in the design
plans.
2. Utility Easements – Site plan has been refined to accommodate 30’ wide easement
corridors for all public utilities outside of public right of way.
3. Stormwater Management – Stormwater basin design has been refined to provided
maintenance access and address comments from the City and Watershed Districts.
4. Miscellaneous Engineering – Plans have been refined to address other comments
related to civil engineering and landscape architecture.
Adjacent Land Uses
There are no conflicts with adjacent land uses. Traditionally, townhomes and other multifamily
residential land uses are utilized as transitional buffers between more intensive uses and less
intensive uses. In this case, single family homes lie to the north. However, 5th Street North lies
between these two land uses, providing a significant existing buffer. To the east of the
neighborhood lies similar townhomes. To the west lies industrial uses. Properties to the south
are guided for Mixed Use – Commercial, a somewhat higher intensive land use. A townhome
neighborhood is the ideal transitionary land use for this location.
Natural Resources
There are no wetlands or significant tree stands within the townhome development portion of
the final plat boundary. There is a small wetland within the final plat boundary on the far
southern edge within a future development outlot to be retained by the land owner. We
understand that delineation report has been provided to the City by others representatives of the
land owner.
Justification that Services have Capacity
The subject property is in an area of the City that has recently been developing. In conjunction
with the adjacent development, new infrastructure has been designed and extended to and
through the area to adequately serve the area.
A new sanitary sewer has been extended through the subject property with service stubs
extended into the property. This sewer serves Phase 1 of the Regional Sewer Staging Plan and
it discharges to the MCES WONE Interceptor. Our application includes land uses and densities
consistent with the Comp Plan, so the sewer has been designed to accommodate this
neighborhood.
Water main has previously been constructed along 5th Street North. According to the City
engineer memo from the sketch plan review, “the existing water system has sufficient capacity”.
Our application includes land uses and densities consistent with the Comp Plan, so the water
has been designed to accommodate this neighborhood.
8
Storm water quantity is traditionally handled on site by limiting post development flows to be
equal to or less than predevelopment flows. Due to sandy soils found on site, we will be
infiltrating storm water to meet City and Watershed quality requirements. The ponds designed to
serve the neighborhood are of sufficient size to serve the new neighborhood.
5th Street North has been recently designed and constructed to serve a fully developed area.
The land use and density proposed with this application is consistent with the Comp Plan.
Therefore, all past and current long-term planning for fire, public safety, parks, and schools are
unchanged by this application.
Our Homes
Pulte Homes is known for the extraordinary steps that we take to ensure that we are designing
and building homes that meet the needs and desires of home buyers. We continually reach out
to the public and Pulte homeowners to get feedback to improve our home designs. W e call this
Life Tested®. Through this intensive process, we have conceived of and incorporated many
innovative home design features such as the Pulte Planning Center, Everyday Entry, Super
Laundry, Oversized Pantry, and the Owner’s Retreat. This exhaustive process has played a
major part in Pulte’s success in “Building Consumer Inspired Homes and Communities to Make
Lives Better.”
Townhome Design
Our overall approach in designing the exterior of these two-story townhomes was to
“individualize and stylize” each unit. The result is individual units which differ in architecture from
all other units within the same building and which vary in color scheme. The result is that each
unit will appear unique and distinct within each building and to a substantial degree within the
new community. Attached you will find photos of the buildings to be constructed.
Innovative Approach to Rowhome Floor Plans
It is worth noting that our approach to “individualized and stylized” rowhome units extends to the
interior as well. Buyers can choose from a range of options that were not typically seen in the
previous generation of townhome floor plans:
a. 3 bedrooms with an option for a 4th
b. 1st floor sunroom addition with 2nd floor owner’s suite bathroom expansion
c. Loft
d. Rooftop terrace
We find that this versatile townhome appeals to a much broader spectrum of demographics than
the previous generation of townhomes. This two-story townhome appeals to young, first time
homebuyers, young families, and empty nesters in search of homeowner’s association
maintenance of the yard, snow removal, and exterior of the buildings.
9
Phasing & Schedule
The following preliminary schedule for development is envisioned based on current projections
and information
2019 Development of Phase 1 with Mass Grading Permit to start
Summer 2019
2020 Development of Phase 2
2021 or 2022 Development of Phase 3
2022 or 2023 Development of Phase 4
2024-2026 Full build out
We have created a detailed Phasing Plan ‘map’ that is included with this application and
attached to this narrative. We put a considerable amount of thought into balancing the
infrastructure issues and coming up with a workable Phasing Plan. Please also note that the
Phasing Plan includes a brief listing of the infrastructure and amenities included within each
phase.
This submittal includes:
• Land Use application
• Application fee/escrow
o Final plat = $1,250 fee + $8,000 escrow
• This narrative
• Parcel info/mailing labels
• Survey, engineering, and landscape architecture, phasing, and parking exhibits
Δ
Date:
Dwg Name:
Design File:
DBO
DPE
180165
Checked By:
Drawn By:
1" = 80'
Scale:
Eas. Vac.
1-3-19
DRAINAGE AND UTILITY VACATION EXHIBIT
WASHINGTON COUNTY
LAKE ELMO, MINNESOTA
733 Marquette Ave, Ste 700
Minneapolis, MN 55402
612.758.3080
612.758.3099
www.alliant-inc.com
MAIN
Alliant Engineering, Inc.
FAX
Δ
Date:
Dwg Name:
Design File:
DBO
DPE
180165
Checked By:
Drawn By:
1" = 100'
Scale:
Eas. Vac.
1-17-19
DRAINAGE AND UTILITY VACATION EXHIBIT
WASHINGTON COUNTY
LAKE ELMO, MINNESOTA
733 Marquette Ave, Ste 700
Minneapolis, MN 55402
612.758.3080
612.758.3099
www.alliant-inc.com
MAIN
Alliant Engineering, Inc.
FAX
PAGE 1 of 2
MEMORANDUM
Date: August 1, 2019
To: Ken Roberts, Planning Director Re: Union Park 1st Addition – Final Plat
Cc: Chad Isakson, P.E., Assistant City Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Union Park 1st Addition. Final Plat/Final Construction Plans
were received consisting of the following documentation:
• Union Park 1st Addition Narrative dated May 24, 2019.
• Union Park 1st Addition Final Plat, Sheets 1-3, received May 28, 2019. No print/preparation date.
• Union Park 1st Addition Construction Plans, Sheets 1-23, dated May 24, 2019.
• Union Park 1st Addition Stromwater Management Plan, dated May 24, 2019.
• Union Park 1st Addition Landscape Plans, Sheets 24-27, dated May 24, 2019.
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval, and one to assist with the completion of the final Construction Plans. Please see the following review
comments relating to the Final Plat application.
FINAL PLAT: UNION PARK 1ST ADDITION
• The 5th Street North roadway along the northern border of the property will be platted at a width of 100-
feet as required. The roadway currently resides within a roadway easement.
• Julia Avenue North will be platted at a width of 100-feet as required by the preliminary plat, extending
from 5th Street North to Hudson Boulevard.
• Outlots A, B, C, and D will be HOA owned and maintained with drainage and utility easements over all of
each Outlot. These easements are consistent with the preliminary plan approval.
• Outlot B includes a storm water infiltration basin which must incorporate the entire basin including the
100-year HWL and maintenance access road.
• Outlots E, F, G, and H will be privately owned for future platting.
• Outlot ownership has been identified on the Final Construction Plans as required.
• Additional drainage and utility easements have been shown on the plat as required in the preliminary plat
approval over portions of Lot 6, Block 3; Lot 1, Block 4; Lot 6, Block 6; and Lot 4, Block 7.
• Final Plat must be contingent upon the City receiving separate drainage and utility easements, or
temporary grading/construction easements in the City’s standard form of easement agreement for all
temporary and off-site development improvements.
A permanent off-site drainage and utility easement is required for the storm sewer run from MH 701 to
FES 700 to maintain a minimum 30-foot easement centered over the pipe and from the end of the FES.
This easement covers storm sewer pipe to be installed as Phase 2, however this easement is required is
needed
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 2
Temporary roadway easements are required over a portion of Outlot E in accordance with the City
standard details for each proposed temporary cul-de-sac. Easements can be held and not recorded until
future plat phases terminate their need.
A temporary drainage and utility easement must be provided over a portion of Outlot E for the proposed
storm sewer discharge pipe from 4th Street Lane North to the Outlot B infiltration basin, and for the
watermain pipe stub and hydrant to the southern property line. This easement can be held and not
recorded until future plat phases terminate their need.
Temporary construction and grading easements are required over a portion of Outlot H to facilitate the
off-site grading and erosion control work.
A drainage and utility easement is required over a portion of Outlot H to facilitate the extension of
watermain with temporary hydrant to the southern property line.
• All off-site easements must be clearly shown on the street, grading and utility plans, with all dimensions
labeled. The easements must be obtained and recorded prior to recording of final plat.
• All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
• No pipe oversize pipe costs are anticipated for this development.
• Final Construction Plans and Specifications must be prepared in accordance with the latest version of the
City Engineering Design Standards Manual, using City details, plan notes and specifications and meeting
City Engineering Design Guidelines.
• Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated July 31, 2019.
• The Final Plat shall not be recorded until final construction plan approval is granted.
• No construction for Union Park 1st Addition may begin until the applicant has received City Engineer
approval for the Final Construction Plans; the applicant has obtained and submitted to the City all
applicable permits, easements and permissions needed for the project; and a preconstruction meeting has
been held by the City’s engineering department.
Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming
Toll Free 800-472-2232 Web wenck.com
To: Ken Roberts, City of Lake Elmo Planning Director
From: Lucius Jonett, Wenck Landscape Architect
Date: July 24, 2019
Subject: City of Lake Elmo Landscape Plan Review
Union Village (formerly Bentley Village) 1st Phase, Review #1
Submittals
• Final plat – Phase 1 Plans (Tree Inventory, Tree Preservation, Landscape), dated 5-24-
2019, received 5-24-2019.
Location: Northwest quadrant of the intersection of Keats Ave. N & Interstate Hwy 94,
Lake Elmo, MN. South of the Savona Development.
Land Use Category: Urban Medium Density Residential
Surrounding Land Use Concerns:
The property to the north (Savona Development) is Urban Low Density Residential and is
less intensive land use than the proposed Urban Medium Density Residential. Screening is
required on the north boundary.
The properties to the west (Lampert’s lumber yard), east and south are, or are guided, to
be Commercial or Mixed-Use Commercial zones which are more intensive land use than this
proposed Urban Medium Density Residential. Screening is not required on the west, east or
south boundaries.
Special landscape provisions in addition to the zoning code: This proposed
development will be required to provide screening along all borders North, South, West and
East consisting of either a masonry wall or fence in combination with landscape material
that forms a screen at least six feet in height and not less than 90% opaque on a year-
round basis.
Ken Roberts
Planning Director
City of Lake Elmo July 24, 2019
2
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Tree Preservation:
A. A tree preservation plan has been submitted that does meet all requirements.
Entire Site
Total Caliper Inches of Significant Trees On-Site: 905 Cal Inches
Common Trees 270
Conifer/Evergreen Trees 0
Hardwood Trees 635
Significant Inches Removed On-Site 724 Cal Inches
Common Trees 236
Conifer/Evergreen Trees 0
Hardwood Trees 488
30% Tree Removal Limits (Cal. Inches) Allowed Proposed
Subtract Common Tree Removals 81 236
Subtract Conifer/Evergreen Tree Removals 0 0
Subtract Hardwood Tree Removals 190.5 488
Removals in excess of 30% allowances
Removals in excess of 30% allowances 452.5 Cal Inches
Common Removals in Excess of 30% Allowance 155.0
Conifer Removals in Excess of 30% Allowance 0.0
Hardwood Removals in Excess of 30% Allowance 297.5
Common Tree Replacement Needed (1/4 the dia inches removed) 38.8 Cal Inches
Conifer Tree Replacement Needed (1/2 the dia inches removed) 0.0 Cal Inches
Hardwood Tree Replacement Needed (1/2 the dia inches removed) 148.8 Cal Inches
Common Tree Replacement Required @ 2.5" per Tree 16 # Trees
Conifer Tree Replacement Required @ 3" per 6' Tall Tree 0 # Trees
Hardwood Tree Replacement Required @ 2.5" per Tree 60 # Trees
B. There is a significant tree on the property. Tree ID #2742 – 44” DBH Oak. The tree is
not marked for removal.
C. Tree replacement is required because more than thirty (30) percent of the diameter
inches of significant trees surveye d will be removed.
D. Tree replacement calculations follow the required procedure and are correct.
E. This project is residential development; therefore mitigation replacement trees shall be
in addition to landscape required tree counts.
Ken Roberts
Planning Director
City of Lake Elmo July 24, 2019
3
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Landscape Requirements:
The landscape plans meet the code required number of trees.
Preliminary Plan 1st Phase
(Code Required) Proposed Proposed
Street frontage 5908 Lineal Feet
Lake Shore 0 Lineal Feet
Stream Frontage 0 Lineal Feet
Total Linear Feet 5908 Lineal Feet
/50 Feet = Required Frontage Trees 119 Trees
Development or Disturbed Area - SF
Development or Disturbed Area 41.6 Acres
*5 = Required Development Trees 208 Trees
Required Mitigation Trees 76
Required Number of Trees (*) 403
Total Trees to Date 403 124
* Residential development - mitigation replacement trees are in addition to landscape required tree Counts.
1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage.
2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of
land that is developed or disturbed by development activity.
The landscape plans do meet the minimum compositions of required trees:
Master Plan Qty % Composition
Deciduous Shade Trees 173 43% >25% required
Coniferous Trees 171 42% >25% required
Ornamental Trees 59 15% <15% required
Tree Count 403
Phase 1 Qty % Composition
Deciduous Shade Trees 57 46% >25% required
Coniferous Trees 51 41% >25% required
Ornamental Trees 16 13% <15% required
Tree Count 124
The landscape plans do show the required mitigation tree types and quantities:
Required
Preliminary
Plat
1st
Phase
Common Trees 16 111 27
Conifers 0 171 51
Hardwood Trees 60 62 30
A. A landscape plan has been submitted that does meet all requirements.
Ken Roberts
Planning Director
City of Lake Elmo July 24, 2019
4
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B. The landscape plan does meet the landscape layout requirements:
C. Interior Parking Lot Landscaping – The development does not include interior parking
lots.
D. Perimeter Parking Lot Landscaping – The development does not include perimeter
parking lots.
E. Screening – The landscape plan does meet screening requirements.
Special Landscape Considerations:
A. 5th Street – The development is along 5th Street, which has been previously or is
schedule to be constructed by other developments. No additional landscape
requirements are required of this applicant.
Findings:
1. Requiring full screening along the north property line (5th Street) is not recommended as
it will interfere with the required boulevard tree plantings in the 5th Street Design
Guidelines.
2. The property to the South is currently vacant land (Rural Development Transitional
guided for Commercial development in 2030 Comprehensive Plan and Mixed Use
Commercial in draft 2040 Comprehensive Plan). Currently vacant can be interpreted as a
currently less intensive use than this proposed development and by ordinance would
require screening. Because the property to the South is planned to be a more intensive
land use, then by ordinance future development of the South properties would be
required to provide screening. The proposed single row planting along the south
property of this development’s preliminary plat is a fair compromise for current
conditions. If the development occurs in multiple phases, each phase should be
evaluated for changes of intensity along the southern border, and screening
requirements adjusted accordingly.
Recommendation:
The 1st Phase landscape plans submitted for the Union Park development are consistent with
the preliminary plat landscape plans approved on July 24, 2019. It is recommended that the
1st phase landscape plans be approved.
Sincerely,
Lucius Jonett, PLA (MN)
Wenck Associates, Inc.
City of Lake Elmo Municipal Landscape Architect