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HomeMy WebLinkAboutRESOLUTION 2017-003Rul I I IN I SOL It I I i Z V LIVI V 301 Nil I h2kll NEXII WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Rachel Development Inc, 4125 Napier Ct NE, St. Michael, MN 55376 (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates 2nd Addition, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the Lake Elmo Planning Commission held a public heating on May 12, 2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 meeting, and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a mernorandam to the City Council for the July 1, 2014 City Council Meeting; and 'WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on December 12, 2016 to review the Final Plat for Hammes Estates consisting of 37 single-family residential lots; and WHER-EAS, on December 12, 2016 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hammes Estates 2 d Addition with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hanunes Estates 2 d Addition at a meeting held on January 3, 2017; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: Resolution 2017-003 1) That the Hammes Estates 2nd Addition Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2013 and revised on September. 19, 2016. 2) That the Hammes Estates 2nd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area, 3) That the Hanimes Estates 2nd Addition Final Plat complies with the City's Urban Low Density Residential zoning district, 4) That the Hanuries Estates 2nd Addition Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 5) That the Hammes Estates 2nd Addition Final Plat complies with the City's subdivision ordinance. 6) That the Hammes Estates 2nd Addition Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review cornments to the City dated November 17,2016, NOW, THERBE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates 2 nd Addition subject to the following conditions- 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storrii water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in the Hammes Estates 2 nd Addition — Final Plat Engineering Review Cornments and Hammes Estates 2 d Addition Construction Plan Review memos dated 11/17/2016 shall be incorporated into these documents before they are approved. The Final Plat shall not be recorded until final construction plan approval is granted. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's 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 with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the Final Plat by City Officials, This must include additional'or expanded drainage and utility easements as outlined in the City Engineer's Memorandum dated'November 17, 2016 4) The plat shall be incorporated into the Hanunes Estates Common Interest Agreement concerning irtanagement of the common areas of Hammes Estates and establishing a homeowner's association shall be submitted in final form to the Planning Director before a building permit may be issued for any structure within this subdivision. Said agreement shall 2 Resolution 2017-003 comply with Minnesota Statues 51513-103, and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall be amended to require maintenance of the wetland buffers. 5) 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 in areas outside of land dedicated as public park and open space on the Filial Plat. 6) The Final Landscape Plan shall be revised per the requested modifications and shall be approved by the Planning Director prior to the release of Final Plat for recording. 7) The applicant must provide written authorization from Xcel Energy to perform any work in the Electrical Transmission easement areas prior to the release of the Filial Plat for recording. 8) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit #2015- 0193. 9) Prior to the issuance of building permits, for Hamines Estates 2 nd Addition, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. Passed and duly adopted this 3rd day of January 2017 by the City Council of the City of Lake Elmo, Minnesota, ike P""-a—rs--- Mayor ATTEST: it Qie ohnson, Cit Jerk 3 Resolution 2017-003