HomeMy WebLinkAbout#13 - Inwood 6th AdditionCITY COUNCIL
DATE: 10/15/19
TO: City Council
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Easement Vacations and Minor Subdivision – Outlot O of Inwood
Addition (Inwood 6th Addition)
REVIEWED BY: Ben Prchal, City Planner
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to consider the vacation of existing easements and a minor
subdivision and final plat request from RPS Legacy Desoto to divide Outlot O of the Inwood Addition
into three separate parcels. The proposed minor subdivision/final plat would facilitate the transfer of
2.27 acres of land to Kwik Trip for the construction of a new fuel station/convenience store to be
located on the southeast corner of Inwood Avenue North and 5th Street North. (Staff has prepared a
separate staff report about the proposed Kwik Trip development.) Staff is recommending approval of
the easement vacations and minor subdivision as presented, subject to conditions of approval.
GENERAL INFORMATION
Applicant: RPS Legacy Desoto, Little Canada MN 55117
Property Owners: RPS Legacy Desoto, Little Canada MN 55117
Location: Outlot O, Inwood Addition. PID Number 33.029.21.13.0017
Request: Application for a Minor Subdivision to split said property into three separate
parcels
Existing Land Use and Zoning: Open field; future development site within the Inwood PUD.
Current Zoning: C – Commercial and HDR PUD
Surrounding Land Use and Zoning: North – Future commercial development site across 5th Street;
East – Future High density residential site (Outlot A of Inwood)
across Island Trail; West – Oakdale across Inwood Avenue
North; South – Outlot C, Inwood (ponding area)
Comprehensive Plan: MU-C (mixed use commercial)
History: The City Council approved the general concept plan for the Inwood PUD on
September 16, 2014, the preliminary plat on December 2, 2014 and the Final Plat on
May 19, 2015 for Phase 1. Since then, the City has approved several additions for the
Inwood PUD, all for property north of 5th Street North.
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The Planning Commission reviewed this request on August 12, 2019 and
recommended approval, subject to the conditions listed in the staff report.
Deadline for Action: Application Complete – 7-12-2019
60 Day Deadline – 9-11-2019
Extension Letter Mailed – No (but the applicant agreed to a time-
extension)
120 Day Deadline – 11-10-2019
Applicable Regulations: Chapter 153 – Subdivision Regulations
REQUEST DETAILS
The City of Lake Elmo has received a request from RPS Legacy Desoto (the property owners), for a
minor subdivision to divide Outlot O of the Inwood Addition into three lots. The purpose of the
proposed minor subdivision is to facilitate the transfer of 2.27 acres of land from the property owners
to Kwik Trip for the construction of a new fuel station/convenience store. The proposed minor
subdivision also would create 1.9-acre outlot (Outlot A) immediately east of the Kwik Trip site and a
5.72-acre outlot (Outlot B) lying west of Island Trail. The property owner intends to develop the future
Outlot A for commercial uses and Outlot B for high-density residential land uses.
The City’s Subdivision regulations allow for certain subdivisions of land to be exempt from the City’s
requirements for platting when no more than four lots are being created, when no new public
infrastructure or rights-of-way or streets are necessary and when the proposed lots meet the minimum
road frontage and area requirements of the underlying zoning. The proposed minor subdivision does
not require any new public infrastructure or any new public streets as those improvements are in place.
Each of the lots the minor subdivision would create exceed the commercial zoning requirements
concerning lot size (20,000 square feet) and lot frontage (100 feet). As such, the proposed plat meets
all the City requirements for a minor subdivision.
CITY ENGINEER REVIEW. I have attached the City Engineer’s review comments (dated August
6, 2019) for your consideration. Items of note are as follows and I have included these as
recommended conditions of approval.
• The Preliminary plat and project plans should be revised to show the proposed lot lines and
easements consistent on each set of plans.
• Drainage and utility easements must be provided for any public utilities constructed as part of
this project, including City-owned watermain and hydrants, with easements shown on the plat
and on the project plans. Any watermain lines serving hydrants placed internal to the site
require minimum 30-foot-wide easements centered over the hydrants and pipe. These
easements must be dedicated to the City and be provided in the City’s standard form of
easement agreement.
• The developer/owner should consider adjusting the east lot line of Outlot A further west to
facilitate shared commercial driveway access between Outlot A and Outlot B. As proposed,
Outlot B would not have access to the new driveway along the east side of Outlot A as there
would be a strip of land as part of Outlot A along the east side of the driveway.
• There were a number of other amendments required to the plan for approval, which can be
reviewed in the memo. It is a recommended condition of approval that all of these comments
be addressed on the plans before the applicant/developer submits a final plat for approval.
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PARKLAND DEDICATION
When the City approved the Inwood PUD, the project plans showed property for public parks and
trails over about 12 percent of the residential portion of the development (lying north of 5th Street).
There were at that time, however, no provisions or park dedications made to the City for the
commercial areas of the PUD or for area south of 5th Street.
The proposed development does not propose a public park and staff would not recommend a park
land dedication with this proposal. The current City Code standard for park dedication for
developments in a commercial zoning district is a fee of $4,500 per acre. At $4,500 an acre, the
park dedication fee for this 2.27 acre site will be $10,215. The City will require the developer to
pay this fee before releasing the final plat for recording and before the City will issue a grading or
building permit for the site.
EASEMENT VACATIONS
The applicant also is requesting that the City vacate the existing easements on and around Outlot
O as part of this plat approval. They are making this request as it would be easier and cleaner for
the applicant to record the new plat with the existing easements vacated. In addition, the
developer could not record a new final plat (or replat) with the existing easements in place. The
proposed plat will have new easements on it that will replace the easements the City will be
vacating. City staff is recommending as a condition of approval that the plat or subdivision show
a 10-foot-wide drainage and utility easement along the entire perimeter of the plat and property.
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.”
DRAFT FINDINGS
Staff is recommending that the City Council consider the following findings with regards to the
proposed Minor Subdivision:
• That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future
Land Use Map for this area.
• That the Minor Subdivision complies with the minimum lot frontage and area requirements of the
City’s C – Commercial Zoning District.
• That the Minor Subdivision complies with the City’s subdivision ordinance and specifically the
requirements concerning exceptions to platting.
CONDITIONS OF APPROVAL
Recommended Conditions of Approval. Staff and the Planning Commission are recommending
the following conditions of approval for Inwood 6th addition:
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1. All required modifications to the plans as requested by the City Engineer in the review
letter dated August 6, 2019 shall be incorporated into the plat and project plans. The City
shall approve all plans before releasing the final plat for recording.
2. The developer shall pay the City a cash contribution of $10,215 (the fee consistent with the
City standards) for park dedication lieu of donating land for park dedication. The applicant
or owner shall pay this fee before the City signs the final plat or gives any formal
authorization to split the parcel into three lots.
3. The final plat shall show a 10-foot-wide drainage and utility easement along all property
lines.
4. All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat before the execution of the final plat by City Officials.
5. Before recording the Final Plat, the Developer shall enter into a Developers Agreement or
Site Work Agreement with the City. This agreement shall be in a form acceptable to the
City Attorney and shall delineate who is responsible for the design, construction, and
payment of public improvements and other site management and operation considerations
including erosion control and construction staging.
6. 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.
7. The applicant must submit and receive approval of a building permit application; grading,
drainage, landscaping, erosion control, and other applicable plans before starting any
construction activity on Lot 1, Block 1 and on the future development sites.
8. The applicant must obtain all other necessary City, State, South Washington Watershed
District and other applicable governing body permits before the commencement of any
construction activity on Lot 1, Block 1 and the future development sites.
RECCOMENDATIONS:
Staff and the Planning Commission recommend approval of the proposed easement vacations for
Inwood 6th Addition as shown on the Drainage and Utility Easement Vacation Exhibit as prepared
by Carlson McCain dated June 28, 2019.
“Move to adopt Resolution 2019 – 075 approving the request for the vacation of the existing
drainage and utility easements for the Inwood 6th Addition as shown on the drainage and utility
easement vacation exhibit dated June 28, 2019.”
Staff and the Planning Commission recommend approval of the minor subdivision request
(Inwood 6th Addition) from RPS Legacy Desoto to divide Outlot O of Inwood Addition into three
separate parcels with the recommended findings and conditions of approval listed in the staff
report.
Suggested motion:
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“Move to adopt Resolution 2019 – 076 approving the Minor Subdivision request (Inwood 6th
Addition) to split Outlot O of Inwood Addition into three lots, subject to the conditions of
approval as listed in the City staff report.”
ATTACHMENTS:
1. Location/Property Line Map
2. Minor Subdivision Survey
3. Easement Vacation Exhibit
4. City Engineer Review comments dated August 6, 2019
5. Resolution 2019 – 075 Approving Drainage and Utility Easement Vacation
6. Resolution 2019 – 076 Approving Inwood 6th Addition Minor Subdivision
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VICINITY MAP
LEGEND
Thomas R. BalluffName:
Signature:
Date:6/28/19 License #:40361
I hereby certify that this survey, plan or
report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under the laws
of the State of Minnesota.
SITE DATA
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INWOOD
6TH ADDITION
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LEGEND
Thomas R. BalluffName:
Signature:
Date:6/28/19 License #:40361
I hereby certify that this survey, plan or
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direct supervision and that I am a duly
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of the State of Minnesota.
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BENCHMARKS
3890 Pheasant Ridge Drive NE,
Suite 100, Blaine, MN 55449
Phone: 763-489-7900 Fax: 763-489-7959
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGf:
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Drainage and Utility Easement Vacation Sketch
PAGE 1 of 3
MEMORANDUM
Date: August 6, 2019
To: Ken Roberts, Planning Director Re: Inwood 6th Addition – Kwik Trip
Cc: Chad Isakson, P.E., Assistant City Engineer Preliminary Plat Review
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Inwood 6th Addition – Kwik Trip Convenience Store. A
Preliminary Plan submittal was received on July 12, 2019. The submittal consisted of the following documentation
prepared by Carlson McCain:
Inwood 6th Addition Preliminary Plat dated June 28, 2019.
Kwik Trip Store #1078 Site Plans dated June 28, 2019.
Kwik Trip Store #1078 Storm Water Management Plan dated June 28, 2019.
STATUS/FINDINGS: Engineering has prepared the following review comments based on the plans submitted.
PRELIMINARY PLAT AND EASEMENTS
1. Outlot ownership should be identified on the Preliminary Plat and on the Preliminary Plans. Outlots A and
B should be shown as Developer owned.
2. Lot lines and easements are not shown consistently between the Preliminary Plat and the Preliminary
Plans. The plans must be revised to accurately reflect the proposed plat. The lot lines and easement
locations may be subject to revision once they can be accurately reviewed with respect to the proposed
improvements.
3. Drainage and utility easements must be provided for any public utilities constructed as part of the project,
including City owned watermain and hydrants, with the easements shown on the preliminary plans.
4. Consideration should be given to adjusting the east lot line of Outlot A further west to facilitate a shared
commercial driveway access between Outlot A and Outlot B. See comment #3 below for Site Plans, Traffic
and Access Management.
5. 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. The Final Construction Plans must include detailed existing condition
information surrounding the plat boundaries to demonstrate that the proposed improvements match at
the construction limits. Additional existing condition information is required along 5th Street North
including existing small utilities, lane widths and pavement markings, existing street signs, and other
features that may be impacted by the improvements.
SITE PLANS, TRAFFIC AND ACCESS MANAGEMENT
1. Access Management Guidelines were reviewed and approved along 5th Street North as part of the Inwood
PUD Preliminary Plat/Plan application process (see SRF Consulting review memo dated December 15,
2014). The Preliminary Plans were amended to eliminate access between Inwood Avenue (CSAH 13) and
Irene Avenue in accordance with this memorandum. Irene Avenue is located approximately 660 feet east
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. 651.300.4285
PAGE 2 of 3
of Inwood Avenue which meets the City’s access spacing requirements for streets and commercial
driveways along a collector roadway.
2. The Kwik Trip Store site improvements show a proposed full access commercial driveway along the south
leg at Irene Avenue and an intermediate right‐in/right‐out access to be located approximately half way
between Inwood Avenue and Irene Avenue with the construction of a right turn lane. These improvements
have also been reviewed by SRF Consulting with the following recommendations:
The proposed full access commercial driveway at Irene Avenue is consistent with the approved
preliminary plans and access spacing requirements for 5th Street north. Right and left turn lanes
are already in place in anticipation of this intersection.
The proposed intermediate right‐in commercial driveway access is acceptable with modifications
to the proposed right turn lane. The right turn lane should be constructed using a 150‐foot full
width turn lane with 5:1 taper for a total turn lane length of 210 feet.
The proposed intermediate right‐out commercial driveway access should be eliminated. It is
recommended to design this driveway access as right‐in only with internal signage directing traffic
to the full driveway access intersection at Irene Avenue. A “No U‐turn” sign should also be placed
on eastbound 5th Street at the intersection with Irene Avenue. If a right‐out access is permitted
traffic safety concerns exist with vehicles attempting U‐turns at Irene Avenue and 5th Street which
is an uncontrolled intersection.
3. It is recommended that both the full access at Irene Avenue and the intermediate right‐in access be
constructed as shared commercial driveways to further manage access spacing along 5th Street North.
The full commercial driveway access at Irene Avenue should be constructed as a shared access to
both Outlot A and Outlot B.
It appears from the site plans that the right‐in access driveway is proposed as a shared access
between Lot 1, Block 1 and Outlot A, with the lot line dividing the access road.
4. Inwood Avenue (CSAH 13) and 5th Street North Traffic Signal. A traffic impact study must be completed to
review and evaluate the impacts to the intersection at Inwood Avenue (CSAH 13) and 5th Street North. A
financial contribution to traffic signal should be considered.
MUNICIPAL WATER SUPPLY
1. The proposed property is located in the Southwest Planning MUSA and water system high pressure zone.
2. Water availability charges and connection charges will apply to the service connections. A Met Council SAC
determination will be required to determine the WAC/Connection charges for each building.
3. Connection to the municipal water supply is readily available to serve this property. Based on the proposed
Inwood PUD 6th Addition plat lines, the existing watermain stub for the Kwik Trip Store (Lot 1, Block 1) will
now be located on the new Outlot A and may need to be extended across a portion of Outlot A to serve Lot
1, Block 1. The applicant will be required to connect, at its sole cost, to the existing 8‐inch DIP stub on
Outlot A, and/or the existing 16‐inch HDPE pipe located along Inwood Avenue, and extend watermain and
any required hydrants internal to the site.
4. The project proposes to extend a 6‐inch DIP watermain internal to the site with a hydrant placed near the
rear of the proposed building. The portion of the watermain internal to the site that serves a hydrant must
be City owned and operated and may need to be upgraded to an 8‐inch DIP pipe based on fire suppression
requirements. The applicant must submit fire suppression requirements for the building to determine the
size of watermain up to each hydrant.
5. The applicant will be responsible to place hydrants throughout the property at the direction of the Fire
Department. All fire hydrants and connecting watermains shall be owned and maintained by the City.
6. The applicant may be required to construct a looped watermain with a second connection point,
depending upon site layout, or connect to the existing 16‐inch HDPE pipe located along Inwood Avenue.
7. Any watermain lines serving hydrants placed internal to the site will require minimum 30‐foot easements
centered over the hydrant and pipe. Easements must be dedicated to the City and be provided in the City’s
standard form of easement agreement.
PAGE 3 of 3
MUNICIPAL SANITARY SEWER
1. The proposed property is located in the Southwest Planning MUSA current Regional Sewer Staging Plan
and would discharge to the MCES WONE Interceptor.
2. Sewer availability charges and connection charges will apply to the service connections. A Met Council SAC
determination will be required to determine the SAC/Connection charges for each building.
3. Connection to the municipal sanitary sewer system is readily available to serve this property. The applicant
will be required to connect, at its sole cost, to the existing 8‐inch PVC stub that was installed to serve this
property. A 6‐inch diameter private sewer service is proposed to be extended internal to the site to serve
the Kwik Trip Store. No public sanitary sewer mains are proposed to be extended internal to the site.
4. Based on the proposed Inwood PUD 6th Addition plat lines, the existing sanitary sewer stub for the Kwik
Trip Store (Lot 1, Block 1) will now be located on the new Outlot A and will need to be extended across a
portion of Outlot A to serve Lot 1, Block 1. A private sewer service easement may be needed between the
property owners of Outlot A and Lot 1, Block 1.
STORMWATER MANAGEMENT
1. A State and South Washington Watershed District (SWWD) permit will be required. The site plan is subject
to a storm water management plan meeting State, SWWD and City rules and regulations.
2. The storm water management report indicates that the existing storm water facilities for this property,
located just south of the property, have been designed for Lot 1, Block 1 and Outlot A to each be 75%
impervious. The narrative also indicates that the proposed Kwik Trip site (Lot 1, Block 1) is proposed to be
70% impervious. Therefore, no additional storm water BMPs are proposed. Preliminary Plat approval
should be contingent upon verification of these assumptions by the SWWD and City storm water
consultant.
3. The applicant is proposing a private storm sewer system internal to the commercial site to collect and
convey storm water runoff. The storm water will be discharged to the City owned storm water pond and
infiltration basin located to the south of the proposed site. This system was constructed as part of the
Inwood PUD development and will be turned over to the City upon acceptance of the Inwood PUD 1st
Addition development improvements.
4. A new (2nd) storm water discharge location to the existing storm water pond is proposed. A sump
manhole is shown on the plans as required with a SNOUT oil and debris stop device. The sump manhole
and SNOUT device should be relocated from manhole #102 to manhole #101.
5. The storm sewer system constructed for this development should remain privately owned and maintained.
The applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement
in the City’s standard form of agreement. The agreement should provide a maintenance plan defining the
maintenance responsibilities for the private owner, the type of maintenance and the maintenance
intervals, including the SNOUT oil and debris stop device.
6. The storm sewer minimum pipe size should be 15‐inch diameter pipe.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019-075
A RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY
EASEMENT OVER OUTLOT O OF THE INWOOD ADDITION
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, the City Council approved a final plat for the Inwood Addition on May 19,
2015 through adoption of Resolution No. 2015-039; and
WHEREAS, a drainage and utility easement over, under and across the entirety of Outlot
O of the Inwood Addition (the “Property”) was dedicated to the City on the plat, which was duly
recorded with the County Recorder; and
WHEREAS, the Property has been replatted the Inwood 6th Addition, which plat was
approved by the Lake Elmo City Council on October 15, 2019 and the approval was ratified by
the City Council by the adoption of Resolution No. 2019-076; and
WHEREAS, new drainage and utility easements over the Property have been dedicated
by RPS Legacy Desoto, LLC, the fee owner of the Property in and on the final plat of Inwood 6th
Addition; and
WHEREAS, RPS Legacy Desoto, LLC, the fee owner of the Property and the developer
of the Inwood 6th Addition filed a petition with the City pursuant to Minnesota Statutes Section
412.851 to vacate the drainage and utility easement over the Property that was dedicated to the
City in and on Outlot O of Inwood Addition final plat due to the dedication of new drainage and
utility easements over the Property made to the City in plat of Inwood 6th Addition; and
WHEREAS, the City Clerk reviewed and examined the signatures on said petition to
vacate and determined that such signatures constituted all of the owners abutting upon the
easement to be vacated; and
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a
public hearing for August 12, 2019 to consider the proposed vacation of the easement; and
WHEREAS, notice of the public hearing was posted, published in the City’s official
newspaper and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the Planning Commission held the public hearing on the proposed vacation
on August 12, 2019, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the Planning Commission recommended to
the City Council that the vacation of the easement as described in Exhibit A be approved because
it is in the public interest due to the fact that a replacement drainage and utility easement has
been dedicated to the City in the Inwood 6th Addition final plat; and
WHEREAS, the City Council in its discretion has determined that the proposed vacation
of the existing drainage and utility easements will benefit the public interest because:
1) The City has granted Final Plat Approval for the Inwood 6th Addition, which includes
PID 33-029-21-13-0017; which will grant the City new drainage and utility easements for
similar purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of existing drainage utility easements lying south of 5th Street North on the Parcel
with PID# 33-029-21-13-0017 (Outlot O) is hereby granted in accordance with the property
descriptions provided above, subject to the following conditions of approval:
1. The final plat of Inwood 6th Addition being approved by the City Council and recorded at
Washington County. The final plat must include the dedication of new drainage and utility
easements.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Passed and duly adopted this 15th day of October, 2019 by the City Council of the City of Lake
Elmo, Minnesota.
________________________________
Mike Pearson, Mayor
ATTEST:
______________________________
Julie Johnson, City Clerk
EXHIBIT A
Legal Description of the Vacated Easement
All the Drainage and utility easements over, under and across Outlot O, as created and shown on
the recorded plat of Inwood, Washington County, Minnesota.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2019 - 076
A RESOLUTION APPROVING A MINOR SUBDIVISION OF
PROPERTY KNOWN AS OUTLOT O – INWOOD ADDITION LOCATED ON THE SOUTH
SIDE OF 5TH STREET NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, RPS Legacy Desoto, Little Canada MN, (Applicant) has submitted an
application to the City of Lake Elmo (City) for a Minor Subdivision to subdivide the property
known as Outlot O, Inwood Addition, located on the south side of 5th Street North into three
separate parcels in accordance with the proposed Inwood 6th Addition plat dated June 28, 2019
as prepared Carlson McCain Surveyors and signed by Thomas R. Balluff, P.L.S., License
#40361, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department;
and
WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor
Subdivision at a meeting held on August 12, 2019; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Minor Subdivision as part of a memorandum to the City
Council for the October 15, 2019 City Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on October 15, 2019.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and
the Future Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area
requirements of the City’s C (commercial) and HDR (high-density residential PUD)
zoning districts.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and
specifically the requirements concerning exceptions to platting.
4. That the Minor Subdivision subdivides Outlot O, Inwood Addition that is now 9.89 acres
into three lots as follows – Lot 1, Block 1 - 2.27 acres; Outlot A - 1.90 acres and Outlot B
- 5.72 acres.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited
and information received, the City Council of the City of Lake Elmo hereby approves the Minor
Subdivision request, provided the following conditions are met:
1. All required modifications to the plans as requested by the City Engineer in the review
letter dated August 6, 2019 shall be incorporated into the plat and project plans. The City
shall approve all plans before releasing the final plat for recording.
2. The developer shall pay the City a cash contribution of $10,215 (the fee consistent with
the City standards) for park dedication lieu of donating land for park dedication. The
applicant or owner shall pay this fee before the City signs the final plat or gives any
formal authorization to split the parcel into three lots.
3. The final plat shall show a 10-foot-wide drainage and utility easement along all property
lines.
4. All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat before the execution of the final plat by City Officials.
5. Before recording the Final Plat, the Developer shall enter into a Developers Agreement or
Site Work Agreement with the City. This agreement shall be in a form acceptable to the
City Attorney and shall delineate who is responsible for the design, construction, and
payment of public improvements and other site management and operation considerations
including erosion control and construction staging.
6. 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.
7. The applicant must submit and receive approval of a building permit application; grading,
drainage, landscaping, erosion control, and other applicable plans before starting any
construction activity on Lot 1, Block 1 and on the future development sites.
8. The applicant must obtain all other necessary City, State, South Washington Watershed
District and other applicable governing body permits before the commencement of any
construction activity on Lot 1, Block 1 and the future development sites.
Passed and duly adopted this 15th day of October, 2019 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk