HomeMy WebLinkAbout#12 - Easton Village 5th Addition Final Plat and Easement Vacation
STAFF REPORT
DATE: 5/07/2019
REGULAR
MOTION
TO: City Council
FROM: Ken Roberts, Planning Director
SUBJECT: Easton Village 5th Addition – Easement Vacations and Final Plat
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
BACKGROUND:
The City Council is being asked to consider the vacation of easements and a Final Plat request from
Chase Development for the 5th Addition of Easton Village, a planned 217 unit residential development.
The 5th Addition includes 48 single family home lots that are located on 17.57 acres to the north of Easton
Village 4th Addition. Staff is recommending approval of the request subject to compliance with the
conditions listed in this report.
On April 8, 2019, the Planning Commission reviewed the proposed final plat and recommended approval.
ISSUE(S) BEFORE THE CITY COUNCIL:
Is the proposed Easton Village 5th Addition Final Plat generally consistent with the City-approved Easton
Village preliminary plat (revised on 6/21/2017) and has the applicant met all the required conditions of
approval? Should the City vacate existing utility easements to allow the recording of the Easton Village
5th Addition final plat?
PROPOSAL DETAILS/ANALYSIS:
General Information.
Applicant: Chase Development, 2140 West County Road 42, Burnsville, MN
Property Owners: Easton Village, LLC (Tom Wolter) 2140 West County Road 42, Burnsville, MN
Location: Outlots D, E, F, G and H, Easton Village 3rd Addition
Request: Application for final plat approval of a 48 unit residential subdivision to be
named Easton Village 5th Addition.
Zoning: LDR – Limited Density Residential
Surrounding: North – vacant/agricultural land (RT – Rural Transitional) across the Union
Pacific Railroad; West – single family home, City park, natural vegetation (PF –
Public and Quasi Public Open Space; South – Easton Village 4th Addition (under
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construction) (LDR – Limited Density Residential); East – Outlots D, G and J,
Easton Village (east of Village Parkway) (LDR – Limited Density Residential)
and Lake Elmo Airport across Manning Avenue (Baytown Township).
Comp. Plan: Village Urban Low Density Residential (1.5 - 2.49 units per acre)
History: The property for the Easton Village development was included in Village
Planning Area boundary and municipal sewer service area as defined in the 2013
Village Land Use Plan. The site had been used for faming activities, including
the growing of agricultural crops. Sketch Plan review by Planning Commission
on 1/27/14 with Preliminary Plat approval on July 15, 2014. 1st An AUAR for
the Village Planning area was approved by the City in May of 2009. 1st Addition
approval on March 3, 2015, 2nd Addition approval on May 2, 2017, and 3rd
Addition approval on July 18, 2017. Preliminary Plat revised approved on
6/21/2017. 4th Addition final plat approval occurred on May 15, 2018.
Action Deadline: Application Complete – March 12, 2019
60 Day Deadline – May 10, 2019
Extension Letter Mailed – No
120 Day Deadline – NA
Regulations: Chapter 153 – Subdivision Regulations
Article 10 – Urban Residential Districts (LDR)
§150.270 Storm Water, Erosion, and Sediment Control
FINAL PLAT REVIEW:
Final Plat Approval Procedure. 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. The City’s approval of the Easton Village Preliminary Plat included a series of
conditions that must be met by the applicant, which are addressed in the sections below.
Consistency with Preliminary Plat.
• Revised Preliminary Plat. Before the 1st Addition Final Plat approval, the developer revised the
approved Preliminary Plat in December of 2014 to address the following:
o The need to reconfigure the temporary access into the subdivision.
o Revisions to the grading plan.
o Adjustments to the property boundaries adjacent to the gas line that bisects the site.
o The provision of a slightly larger buffer from the railroad tracks.
o Revisions to the storm water management plan.
o With the 2nd Addition, the developer again revised the preliminary plat. A condition of 2nd
Addition approval was that the revised Preliminary Plat and Plans be approved before
submittal of the 3rd Addition.
• Lot Sizes. The proposed lot areas and widths in the 5th Addition are generally consistent with the
revised and approved preliminary plat. The smallest proposed lot size is 8,114 square feet,
meeting the required minimum lot size of 8,000 square feet and all the lots meet or exceed the
minimum requirement of 60 feet of width at the setback line.
Outlots. The applicant is not proposing any new outlots within the 5th Addition. Outlot A will be HOA
owned and maintained. The City will require a drainage and utility easement over all of Outlot A.
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Parkland. The Applicant platted outlots with 3rd Addition to indicate phasing for the rest of the
development. Outlots I and J were dedicated to the City with the 3rd Addition for stormwater management
purposes and parkland. The dedication of these outlots as parkland satisfied the remaining parkland
dedication requirements for the entire development.
Engineering Comments. The City Engineer has reviewed the proposed Final Plat, and these comments
can be reviewed in the attached Easton Village 5th Addition Final Plat Engineering comments review
memo dated April 3, 2019. It is a recommended condition of approval that the developer incorporate all
the requested changes and conditions of the City Engineer in their final project plans.
Temporary Cul-de-Sac and Road Connection. The Applicant has proposed a temporary cul-de-sac at
the north end of Village Parkway where the new road meets the railroad tracks. The City will require the
applicant to construct Village Parkway in accordance with the Village Parkway typical section and design
standards (including a trail and a sidewalk) without a temporary cul-de-sac. The City will require the
contractor to install Type III barricades to prohibit traffic on this stretch of street until the City can
complete the UPRR crossing.
In addition, the City will require the developer to connect the private driveway for 11361 Upper 33rd
Street and the Northern Natural Gas property at 11371 Upper 33rd Street to the proposed 34th Street cul-
de-sac, immediately following the placement of bituminous base course along 34th Street North. The
project engineer must revise the construction plans to address the construction details for the private
driveway connections and the construction phasing.
Landscape Plans. The landscape plans have been reviewed by the City’s Landscape Architect. He is
recommending changes to plans to meet the original conditions of approval for Easton Village. I have
included his comments for your consideration.
Street Naming. All the proposed street names are consistent with the approved preliminary plat and with
City’s Street Naming Policy.
Fire Chief Review. The City’s Fire Chief reviewed the proposed final plat and offered two comments.
They were:
• Review final hydrant placement with Engineering.
• Ensure appropriate parking signage for road width.
Watering Ban. Due to a possible 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.
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 Easton Village
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.
In order to provide the City Council with an update concerning the conditions associated with the
preliminary plat for Easton Village, staff has prepared the following:
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Preliminary Plat Conditions – With Staff Update Comments (updated information in bold
italics):
1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the
applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the
applicant shall pay all fees associated with the preliminary plat. The above conditions shall be
met prior to the City accepting an application for final plat and prior to the commencement of any
grading activity on the site. Comments: a) all title work will need to be submitted and reviewed
by the City Attorney before City officials sign the final plat; b) the applicant has submitted an
escrow payment with Final Plat application that is being used to cover Staff and consultant
expenses related to the City’s review.
2) The grading plan shall be updated to include the protective tree fencing necessary to preserve all
vegetative areas identified for protection around the 5.15 acre residential parcel to the west of the
subdivision. Comments: The applicant updated the grading plan accordingly. All disturbed
areas are shown on the plan, and the applicant will need to replace disturbed trees in
accordance with the City’s tree replacement schedule. There is no tree protection or removal in
the 5th Addition.
3) The applicant shall work with the City and Washington County to identify and reserve sufficient
space for a future trail corridor along the western right-of-way line of Manning Avenue.
Comments: The proposed Manning Avenue right-of-way is consistent with County
requirements, as the planned roadway segment includes room for trails on one or both sides of
the right-of-way. The County’s future plans for Manning Avenue include a trail along the
western side of this road. This condition is not applicable to 5th Addition.
4) The applicant shall submit a landscape plan prepared by landscape architect for review and
approval by the City. The landscape plan submittal will include a tree protection and
replacement plan consistent with City ordinances. Comments: The applicant submitted
updated Preliminary Landscape Plans dated 12/17/2014 with the application for 1st Addition
Final Plat. Revised landscape plans were submitted with the 2017 Preliminary Plat revisions.
The applicant submitted landscape plans for 5th Addition that the City’s Landscape Architect
will be reviewing.
5) The final plat will incorporate all review comments from the City’s landscape architect, including
the selection and mix of plantings within storm water basins and infiltration areas. Comments:
Please see above condition.
6) The landscape plan shall include additional plantings around the Northern Natural Gas utility
site. Comments: This condition applies to 5th Addition as the utility site is north of the west
end of 34th Street North and west of Lots 6-10, Block 2. The City’s Landscape Architect will
need to approve the planting plans for this part of the development.
7) The proposed access to Manning Avenue will be permitted as a temporary access until such time
that the Village Parkway is connected to 30th Street. The construction plans will be updated to
reflect the temporary nature of this street. Comments: The applicant asked during the 1st
Addition Final Plat that this provision be updated to state that the temporary access will be
allowed for a minimum of five years. Staff was supportive of this revision and has updated the
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proposed conditions the 1st Addition Final Plat approval to reflect the change. This condition
is not relevant to the 5th Addition Final Plat.
8) The applicant shall be responsible for the construction of all improvements within the Manning
Avenue (CSAH 15) right-of-way as required by Washington County and further described in the
review letter received from the County dated June 24, 2014. The final construction plans for
the 1st Addition were updated to incorporate the required improvements to Manning Avenue.
This condition is not relevant to the 5th Addition final plat.
9) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from the appropriate watershed districts
for the storm water management system prior to the commencement of any grading or
development activity on the site. Comments: The Applicant has been granted a Valley Branch
Watershed District permit.
10) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals
or entities responsible for any landscaping installed in areas outside of land dedicated as public
park and open space on the final plat. Comment: A Landscape License Agreement was
executed for the 1st, 2nd, 3rd and 4th Additions and will be for the 5th Addition.
11) The developer shall provide an updated accounting of the land to be dedicated for park purposes
prior to submission of a final plat. If required, the developer shall be required to pay a fee in lieu
of park land dedication equivalent to the fair market value for the amount of land that is required
to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land
that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall
be paid by the applicant prior to the release of the final plat for recording. Comments: The park
dedication requirements for the entire Easton Village development is 9.84 acres of land,
representing 10% of the development area. The dedication of Outlots I and J with the 3rd
Addition Final Plat satisfied the park dedication requirements for the entire development.
12) Any land under which public trails are located will be accepted as park land provided the
developer constructs said trails as part of the public improvements for the subdivision.
Comments: There is a public trail with this phase of the development. It will run from the
west end (at the cul-de-sac on 34th Street North) to the east and north behind the lots and on
the north side of Lilac Avenue Alcove to Village Parkway. The City will need to determine the
final end and connection points of the trail on the west end.
13) All required modifications to the plans as requested by the City Engineer in a review letter dated
June 26, 2014 shall be incorporated into the plans prior to consideration of a final plat.
Comments: The applicant submitted revised preliminary plans that were approved by the City
dated February 22, 2019. The City will require the final plat/plans to be consistent with the
approved preliminary plans and the review comments of the City Engineer from his review
memo dated April 3, 2019.
14) The City and developer will determine the appropriate distribution of future costs associated with
the Village Parkway railroad crossing improvements as part of a developer’s agreement for any
portion of Easton Village. Comments: Staff will be drafting a developer’s agreement for
consideration by the Council that will incorporate a section dealing with this provision.
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15) The developer shall address any comments from Metropolitan Airport Commission as part of a
final plat submission for any portion of Easton Village. MAC will be asked to comment on the
landscape plan, and the plan shall be revised to address any specific comments concerning the
appropriate vegetation to be planted within storm water facilities. Comments: MAC has
provided a review of the updated plans and provided comments to the developer in a letter
dated December 8, 2015. This letter contains recommended mitigation strategies to reduce the
attractiveness of the storm water retention and infiltration areas for waterfowl. Other
recommendations from MAC have been incorporated into the applicant’s landscape plans.
Mac’s comments about noise mitigation and notification about the airport are relevant to the
5th Addition Final Plat.
16) The landscape plan shall be revised to eliminate all trees planted within the Lake Elmo Airport
Regulatory Protection Zone. Comments. The Preliminary and 1st Addition landscape plans
have been updated accordingly. MAC’s comments are not relevant to the 5th Addition.
17) The final plat shall include a paved trail connection between Lots 13 and 14 of Block 3.
Comments: This condition is not relevant to the 5th Addition Final Plat. This trail was
removed with 2nd Addition approval.
18) The applicant shall submit written acknowledgement from the property owner of the parcel
immediately to the south of Easton Village concerning the storm water being outlet running into
their property. Comments: Since the approval of the preliminary plat, the applicant has met
with the watershed district, county, and Gonyea Homes to discuss the proposed storm water
management system along Manning Avenue. This condition is not relevant to the 5th Addition
Final Plat.
19) The applicant is encouraged to incorporate elements from the Lake Elmo Theming Study into the
open space areas within the subdivision. Comments: This was Staff recommendation at the
time of Preliminary Plat to encourage the applicant to utilize a white “horse fence” with
landscaping in order to address the comments from MAC to provide a barrier around the
storm water ponds. This fence was not erected, but instead additional landscaping was
installed to provide screening. The applicant’s landscape plan for the 1st Addition incorporated
elements from the theming study, including the proposed entrance monument sign. This
condition is not relevant to the 5th Addition Final Plat.
20) The developer shall obtain all required permits from Northern Natural Gas to perform
construction work over the gas line that runs from north to south across this site. Comments.
Northern Natural Gas provided review comments to the developer in has submitted final
construction plans to the gas company for review, and will need to abide by any conditions
imposed by Northern Natural Gas. The applicant has not yet provided copies of these permits
for the 5th Addition, and so it has been added as a recommended condition of approval that this
be done.
21) The developer shall be required to extend sewer to the northernmost boundary of the site.
Comments. The Easton Village Trunk Sewer Line project has been completed and has
extended sanitary sewer service to the northern boundary of the plat, connecting to the sewer
line recently installed by the City of Lake Elmo under the railroad tracks that continues
further north (and connects to the 39th Street line installed by the City).
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Based on the above Staff report and analysis, staff is recommending approval of the Easton Village 5th
Addition 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.
EASEMENT VACATIONS
Easement Vacations. The applicant is requesting the City vacate three existing drainage and utility
easements that are now on the site. (Please see that attached exhibit showing these areas.) The developer
dedicated these easements with the First and Fourth Addition final plats but the City will not need these
easements as the developer will be dedicating new easements with the Fifth Addition final plat. In
addition, the developer could not record a new final plat (or replat) these existing Outlots into Lots and
Blocks 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.”
DRAFT FINDINGS
Staff and the Planning Commission are recommending approval of the requested Easton Village 5th
Addition Final Plat based on the following findings:
1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat
have been met by the Applicant.
2) That the proposed Final Plat for Easton Village 5th Addition consists of the creation of 48 lots for
detached single-family homes.
3) That the Easton Village 5th Addition Final Plat is generally consistent with the Preliminary Plat
and Plans as approved by the City of Lake Elmo on July 15, 2014 and as amended to comply with
conditions of preliminary plat approval with the exceptions of issues identified in the March 31,
2019 Staff report to the Planning Commission.
4) That the Easton Village 5th Addition Final Plat is consistent with the Lake Elmo Comprehensive
Plan and the Future Land Use Map for this area.
5) That the Easton Village 5th Addition Final Plat complies with the City’s Urban Low Density
Residential zoning district regulations.
6) That the Easton Village 5th Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control and
other ordinances with the exception of the issues identified in this staff report to the Planning
Commission.
7) That the Easton Village 5th Addition Final Plat complies with the City’s subdivision ordinance.
8) That the Easton Village 5th Addition Final Plat is 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 dated April 3, 2019.
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Recommended Conditions of Approval. Staff and the Planning Commission recommend approval of the
requested Easton Village 5th 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 memorandum
addressing Easton Village 5th Addition Final Plat and Construction Plan Review dated April
3, 2019 and those of the City’s Landscape Architect dated March 29, 2019 shall be
incorporated into these documents and plans before the City will approve the plans.
2) Before 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 for the Easton Village 5th Addition Final Plat with financial guarantees
therefore. Payment for pipe oversizing from the City standard 8-inch watermain to the
required 12-inch watermain shall be addressed in the developer’s agreement.
3) 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.
4) The final grading plans must provide a sufficient emergency overland flow path that is
adequately protected by lot easements from the Outlot A drainage area to prevent this area
from being landlocked and thereby becoming a flood threat to adjacent properties. The extent
of the required easement for this purpose over Lot 1, Block 3 may render this lot unbuildable
unless an improved design can be worked out and approved by the City Engineer.
5) A Landscape License Agreement shall be executed for the maintenance of commonly
held HOA and City outlots and right-of-ways before release of the final plat by City
Officials.
6) The applicant shall provide a disclosure statement to all first homeowners in the development
advising of the location of the Lake Elmo Airport and associated over-flights.
7) All builders shall be encouraged to incorporate interior noise reduction measures into single
family residential structures within the subdivision based on the Metropolitan Council’s
Builder Guide.
8) The developer shall provide copies of the Northern Natural Gas permits to the City and shall
abide by any conditions of approval as listed in permits issued by Northern Natural Gas to
perform construction work over the gas line that runs from north to south across this site.
9) The developer shall maintain the temporary secondary access to Village Parkway in the 4th
Addition until a permanent 35th Street North is constructed to connect to Village Parkway and
the contractor has placed the wear course of bituminous on the streets within the 5th Addition.
Lot 13, Block 3 of the Easton Village 4th Addition shall remain platted as outlots (Outlots A
and B) owned by the developer with a temporary road access granted to the City until such
time as the City accepts 35th Street North.
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10) That the development improvements include the connection of the private driveways from 11361
Upper 33rd Street and the Northern Natural Gas property at 11371 Upper 33rd Street to the
proposed 34th Street cul-de-sac, immediately following the placement of bituminous base course
along 34th Street North.
11) Final Plat approval shall be contingent upon the development improvements including the
installation of bituminous trail and a concrete sidewalk along Village Parkway (with barriers at the
railroad tracks) and the developer extending a 12-inch watermain to the northerly plat limits along
Village Parkway.
12) The applicant/developer shall revise the landscape plans to meet the conditions of approval of the
preliminary plat and the changes required by the City’s Landscape Architect as outlined in his
memo dated March 29, 2019.
13) That the applicant notify all home builders about possible City outdoor watering restrictions and
that the home builders notify all home buyers that the City may impose limits on outdoor water
use including no watering of grass or sod unless the applicant is notified by the City that this
notice is no longer required. Said decision about whether or not this notice is no longer required
shall be made at the sole discretion of the City. The applicant shall have the city approve the
notification message before recording the final plat.
RECOMMENDATIONS:
Staff and the Planning Commission recommend approval of the Easton Village 5th Addition Final
Plat with the conditions of approval as listed in the staff report. Suggested motion:
“Move to adopt resolution 2019-034 approving the Easton Village 5th Addition Final Plat with the
recommended findings and conditions of approval as listed in the staff report.”
Staff and the Planning Commission recommend approval of the proposed vacation of three drainage and
utility easements of Easton Village First Addition as shown on the attached easement vacation Exhibit.
“Move to adopt resolution 2019-035 approving the request for the vacation of three drainage and
utility easements in Easton Village as shown an the easement vacation exhibit attached to the staff
report.”
ATTACHMENTS:
1. Narrative dated March 12, 2019
2. 2 City Maps
3. Easton Village Final Plat (4 pages)
4. City Engineer Review Memo dated April 3, 2019.
5. Landscape Architect review memo dated March 29, 2019.
6. Easement Vacation Exhibit
7. Resolution 2019 - 034 approving the Final Plat
8. Resolution 2019 - 035 approving the easement vacations
EASTON VILLAGE 5 th Addition
Final Plat Narrative
March 12, 2019
The Easton Village 5th Addition, by Chase Development, consists of 17.57 acres and with a total of 48 new single
family lots. This project is located within Outlots E, F, H and the westerly 80 feet of Outlots D and G of
Easton Village 3rd Addition.
Per City Resolution No. 2014-058 and No. 2015-07, all conditions of approval were met with the first addition of
Easton Village. There have been four approved final plats for the Easton Village Project to date. After this 48
unit subdivision is completed a total of 26 units will remain to complete the entire Easton Village Project.
The proposed layout and lot design follow the latest approved preliminary plat that took into account
adjustments to road profiles of the two northerly cul de sacs. With the completion of the North Port project to
the south of Easton Village the normal water level of our ponding system is now at the final design which lowers
the high water level to the final condition. No variances are proposed for this project. The setbacks will remain
as required, with rear setbacks at 20 feet, front setbacks at 25 feet and side yard setbacks at 7.5 feet. City street
right of way and street and sidewalk sections are proposed per City standards.
The proposed storm sewer will be connected to the existing pond storm sewer constructed with Easton Village
3rd and 4th Additions. The water main and sanitary sewer will be extended from the constructed water and
EASTON VILLAGE 5th ADDITION
FINAL PLAT NARATIVE
Page 2 of 3
Block Lot
Area
(Sq. Ft.)
Avg.
Width of
Lot
Avg. Depth of
Lot
1 1 8,114 102 80
1 2 8,600 65 132
1 3 10,666 65 164
1 4 10,969 65 169
1 5 11,026 65 170
1 6 11,083 65 171
1 7 11,107 65 171
1 8 12,785 99 129
2 1 9,213 137 67
2 2 8,119 71 114
2 3 9,171 71 129
2 4 9,170 70 131
2 5 11,394 111 103
2 6 11,997 71 169
2 7 10,801 65 166
2 8 10,547 65 162
2 9 10,294 65 158
2 10 10,037 65 154
3 1 11,384 88 129
3 2 15,394 88 175
3 3 13,551 104 130
3 4 8,965 65 138
3 5 8,450 65 130
3 6 8,449 65 130
3 7 9,754 77 127
Block Lot
Area (Sq.
Ft.)
Avg.
Width of
Lot
Avg.
Depth of
Lot
3 8 20,028 113 177
3 9 12,528 65 193
3 10 14,484 75 193
3 11 10,973 89 123
3 12 8,544 65 131
3 13 9,837 75 131
3 14 9,950 75 133
3 15 9,972 70 142
3 16 11,277 75 150
3 17 12,130 75 162
3 18 13,672 100 137
4 1 14,574 75 194
4 2 18,039 93 194
4 3 9,919 78 127
4 4 9,381 72 130
4 5 9,706 72 135
4 6 9,179 65 141
4 7 9,331 65 144
4 8 10,167 72 141
4 9 9,657 72 134
4 10 8,518 65 131
4 11 9,672 65 149
4 12 15,129 83 182
Outlot A 11,338
sewer of Easton Village 4th Addition. All utilities will be constructed per city standards. The storm water
ponding has been finalized per the original design and is at the final normal water level and high water level per
the preliminary plat analysis.
One outlot is planned for this subdivision as previously identified on the preliminary plat. There will be a
temporary cul de sac provided at the end of the proposed extension of Village Parkway. An easement will not be
required for this cul de sac such that it resides entirely within Outlot I and J and the proposed right of way. The
existing cut through from 33rd Street North to the Village Parkway is proposed to remain until the connection of
34th Street is completed as part of this project.
Following is a list of the proposed lots and size of the lots in square feet:
There are no parks being proposed with this subdivision. However, the trail through the previously platted park
outlot will be constructed as part of this project. The total right of way dedication for this project is 226,139 sq.
ft. or 5.19 Acres.
EASTON VILLAGE 5th ADDITION
FINAL PLAT NARATIVE
Page 3 of 3
No know issues have arisen since the last addition to Easton Village.
There are four existing easements that were created with the previous development that are requested to be
vacated:
1) Temporary easement at the end of the cul de sac of Village Parkway
2) Temporary easement at the end of the cul de sac of the 4th Addition
3) Drainage and utility easement created for the trunk sewer for the 1st Addition.
4) Drainage and utility easement created for the storm sewer connection for the 4th Addition.
The final density of this addition is as depicted on the approved preliminary plat with no additional lots being
created or removed.
The project is proposed to start as soon as possible in the spring.
PAGE 1 of 2
MEMORANDUM
Date: April 3, 2019
To: Ken Roberts, Planning Director Re: Easton Village 5th 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 Easton Village 5th Addition Final Plans consisting of the following
documentation received on March 12, 2019, and prepared by Erickson Engineering:
Easton Village 5th Addition Construction Plans, C1‐C28 & L1‐L3, dated March 6, 2019.
Easton Village 5th Addition Project Manual dated March 6, 2019.
Easton Village 5th Addition Final Plat, Sheets 1‐4, not dated.
Easton Village 5th Addition Final Plat Narrative, dated March 6, 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: EASTON VILLAGE 5TH ADDITION
Outlot A will be HOA owned and maintained. HOA ownership of the Outlot must be noted on the final
construction plans. A drainage and utility easement must be provided to the City over all of Outlot A.
Final Plat should be contingent upon the applicant revising the grading plans to match the approved
preliminary grading plans dated February 22, 2019, including all building pad elevations, all 100‐year HWL
elevations and HWL contours, all emergency overflow elevations (EOFs), and to include all as‐built existing
grading information adjacent to the 5th Addition improvements, including culvert inverts, gas easement weir
details, emergency overflow elevations and locations, and existing 100‐year HWL elevations.
Final Plat must be contingent upon grading plan revisions to provide a clear protected drainage path for the
917.5 EOF to Outlot A. Easements must be expanded for Lots 1 and 2, Block 3 on the final plat to facilitate
protection and drainage over this emergency overflow pathway. Adequate drainage and protection across Lot
1 may render Lot 1, Block 3 unbuildable?
Final Plat should be contingent upon the development improvements including the construction of Village
Parkway to the south right‐of‐way line for the UPRR with no temporary cul‐de‐sac, including the east and west
boulevards, sidewalks, trails, street lighting and landscaping. Type III Barricades should be installed at the
north leg of Village Parkway and 35th Street intersection until the UPRR crossing is constructed.
It is required that the temporary secondary access to Village Parkway (constructed as part of Easton Village
3rd Addition) be kept in use and maintained by the developer, until a permanent secondary access street is
constructed to Village Parkway via 35th Street North. Once the 35th Street North connection is completed the
temporary secondary access must be removed. The construction plans must be revised to address this
construction phasing.
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
It is required that the developer connect the private driveways for 11361 Upper 33rd Street and the Northern
Natural Gas property at 11371 Upper 33rd Street to the proposed 34th Street cul‐de‐sac, immediately
following the placement of bituminous base course along 34th Street North. The construction plans must be
revised to address the construction details for the private driveway connections and the construction phasing.
Final Plat should be contingent upon the development improvements including 12‐inch watermain being
extended to the northerly plat limits along Village Parkway.
Easton Village 5th Addition includes or will include trunk watermain (12‐inch diameter) pipe oversizing along
Lilac Avenue North to 35th Street, along 35th Street from Lilac Avenue to Village Parkway, and along Village
Parkway from 35th Street to the north plat limits. Trunk watermain (12‐inch diameter) pipe oversizing is also
included along 34th Street to the end of cul‐de‐sac. Payment for pipe oversizing from the City standard 8‐inch
pipe should be addressed as part of the development agreement.
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.
Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated April 3, 2019 and approved by the City Engineer. Final Construction
Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual
dated March 2017 using City details, plan notes and specifications and meeting City Engineering Design
Guidelines.
The Final Plat shall not be recorded until final construction plan approval is granted.
No construction for Easton Village 5th 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: March 29, 2019
Subject: City of Lake Elmo Landscape Plan Review
Easton Village 5th Addition, Review #1
Submittals
5th Addition Landscape Plans, dated 03/06/2019, received 03/13/2019.
Location: Southwest quadrant of the intersection of Manning Avenue North & Union Pacific
Railroad, Lake Elmo, MN
Land Use Category: Low Density Residential
Surrounding Land Use Concerns: None
Special landscape provisions in addition to the zoning code: None
Tree Preservation:
A tree survey/preservation plan has been previously submitted, including a tree inventory
showing individual trees that are to be saved. This plan was approved as part of the
original Preliminary Plat.
A tree preservation plan has been provided and previously approved allowing the
replacement caliper inches to include the use of ornamental trees, deciduous and coniferous
shrubs.
Landscape Requirements:
The landscape plans are generally consistent with the previously approved preliminary plat
and phases 1 – 4. There have been some changes to the locations and species of street
trees along the roads, a reduction of plantings around the perimeter of the gas distribution
station, and an increase of plantings along the railroad tracks.
5th Addition Qty % Composition
Deciduous Shade Tree 88 55% >25% required
Coniferous Tree 56 35% >25% required
Ornamental Trees* 16 10% <15% required
Tree Count 160
*Ornamental Trees, Deciduous shrubs and Coniferous shrubs
were included in totals
Ken Roberts
Planning Director
City of Lake Elmo March 29, 2019
2
T:\6443 Lake Elmo\09 Easton Village\06 5th Addition\2019-03-13\Easton Village 5th Addition Landscape Plan Review 2019-03-29.docx
The landscape plans do meet the minimum compositions of required trees:
• At least 25% of the required number of trees shall be deciduous shade trees
• At least 25% of the required number of trees shall be coniferous trees
• Up to 15% of the required number of trees may be ornamental tree
A. A landscape plan has been submitted that does not include all requirements.
1. The landscape plan does not include required City standard notes and details.
2. All utilities and pavements are not shown on the landscape plan to review for tree
placement conflicts.
B. The landscape plan does not consistently meet the landscape layout requirements:
1. Per typical Right of Way layout, place boulevard trees 5’ from back of curb when
sidewalk or trail is present, 8’ from back of curb when no sidewalk or trail is
present.
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 provide noise separation and screening from the
railroad.
Findings:
1. The increase of plantings along the railroad tracks is encouraged.
2. The reduction of plantings shown around the perimeter of the gas distribution station will
not create open views from the homes on those lots to the distribution station. There are
many existing trees on the Natural Gas Company property, not shown on the Easton
Village plans. Reviewing Washington County GIS, the chain link fence and distribution
station footprint is central on the property and surrounded by several rows of trees; all
on the Northern Natural Gas Company property.
3. Several trees are shown over driveway pavement and need to be relocated. See
attached figure highlighting the conflicts.
4. A few trees are placed within 10’ of storm sewer utilities and need to be relocated to
provide 10’ from tree trunk to utility pipes.
5. Water and sanitary sewer utilities to the homes are not shown on the landscape plans
and need to be included to show any tree placement conflicts.
6. Tree layout does not consistently match the typical ROW layout with boulevard trees 5’
from back of curb when sidewalk is present and 8’ from back of curb when no sidewalk
is present.
7. City standard details are not used for planting details.
Ken Roberts
Planning Director
City of Lake Elmo March 29, 2019
3
T:\6443 Lake Elmo\09 Easton Village\06 5th Addition\2019-03-13\Easton Village 5th Addition Landscape Plan Review 2019-03-29.docx
Recommendation:
It is recommended that the conditions of approval include submitting a revised landscape
plan showing the water and sanitary sewer utilities, including City standard details, and
adjusting the tree layouts to resolve the conflicts noted in the findings above.
Sincerely,
Lucius Jonett, PLA (MN)
Wenck Associates, Inc.
City of Lake Elmo Municipal Landscape Architect
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019-034
A RESOLUTION APPROVING A FINAL PLAT FOR EASTON VILLAGE 5TH ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN has
submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton Village 5th
Addition Final Plat, a copy of which is on file in the City of Lake Elmo Planning Department;
and
WHEREAS, the Easton Village Sketch Plan was reviewed by the Planning Commission
on January 7, 2014 and approved by City Council on February 5, 2014; and
WHEREAS, the City approved the Easton Village Preliminary Plat on July 15, 2014,
subject to 21 conditions; and
WHEREAS, the proposed Easton Village 5th Addition includes 48 single family
residential lots within the Easton Village 217 unit residential development; and
WHEREAS, the Lake Elmo Planning Commission reviewed the Easton Village 5th
Addition Final plat at its April 8, 2019 meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat subject to 12 conditions of approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Final Plat as part of a memorandum to the City Council for its
May 7, 2019 meeting; and
WHEREAS, the City Council reviewed the Easton Village 5th Addition Final Plat at its
meeting held on May 7, 2019 and made the following findings:
1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat
have been met by the Applicant.
2) That the proposed Final Plat for Easton Village 5th Addition consists of the creation of 48 lots for
detached single-family homes.
3) That the Easton Village 5th Addition Final Plat is generally consistent with the Preliminary Plat
and Plans as approved by the City of Lake Elmo on July 15, 2014 and as amended to comply with
conditions of preliminary plat approval with the exceptions of issues identified in the March 31,
2019 Staff report to the Planning Commission.
4) That the Easton Village 5th Addition Final Plat is consistent with the Lake Elmo Comprehensive
Plan and the Future Land Use Map for this area.
5) That the Easton Village 5th Addition Final Plat complies with the City’s Urban Low Density
Residential zoning district regulations.
6) That the Easton Village 5th Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control and
other ordinances with the exception of the issues identified in this staff report to the Planning
Commission.
7) That the Easton Village 5th Addition Final Plat complies with the City’s subdivision ordinance.
8) That the Easton Village 5th Addition Final Plat is 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 dated April 3, 2019.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Easton Village 5th Addition Final Plat subject to 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 memorandum
addressing Easton Village 5th Addition Final Plat and Construction Plan Review dated April
3, 2019 and those of the City’s Landscape Architect dated March 29, 2019 shall be
incorporated into these documents and plans before the City will approve the plans.
2) Before 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 for the Easton Village 5th Addition Final Plat with financial guarantees
therefore. Payment for pipe oversizing from the City standard 8-inch watermain to the
required 12-inch watermain shall be addressed in the developer’s agreement.
3) 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.
4) The final grading plans must provide a sufficient emergency overland flow path that is
adequately protected by lot easements from the Outlot A drainage area to prevent this area
from being landlocked and thereby becoming a flood threat to adjacent properties. The extent
of the required easement for this purpose over Lot 1, Block 3 may render this lot unbuildable
unless an improved design can be worked out and approved by the City Engineer.
5) A Landscape License Agreement shall be executed for the maintenance of commonly
held HOA and City outlots and right-of-ways before release of the final plat by City
Officials.
6) The applicant shall provide a disclosure statement to all first homeowners in the development
advising of the location of the Lake Elmo Airport and associated over-flights.
7) All builders shall be encouraged to incorporate interior noise reduction measures into single
family residential structures within the subdivision based on the Metropolitan Council’s
Builder Guide.
8) The developer shall provide copies of the Northern Natural Gas permits to the City and shall
abide by any conditions of approval as listed in permits issued by Northern Natural Gas to
perform construction work over the gas line that runs from north to south across this site.
9) The developer shall maintain the temporary secondary access to Village Parkway in the 4th
Addition until a permanent 35th Street North is constructed to connect to Village Parkway and
the contractor has placed the wear course of bituminous on the streets within the 5th Addition.
Lot 13, Block 3 of the Easton Village 4th Addition shall remain platted as outlots (Outlots A
and B) owned by the developer with a temporary road access granted to the City until such
time as the City accepts 35th Street North.
10) That the development improvements include the connection of the private driveways from 11361
Upper 33rd Street and the Northern Natural Gas property at 11371 Upper 33rd Street to the
proposed 34th Street cul-de-sac, immediately following the placement of bituminous base course
along 34th Street North.
11) Final Plat approval shall be contingent upon the development improvements including the
installation of bituminous trail and a concrete sidewalk along Village Parkway (with barriers at the
railroad tracks) and the developer extending a 12-inch watermain to the northerly plat limits along
Village Parkway.
12) The applicant/developer shall revise the landscape plans to meet the conditions of approval of the
preliminary plat and the changes required by the City’s Landscape Architect as outlined in his
memo dated March 29, 2019.
13) That the applicant notify all home builders about possible City outdoor watering restrictions and
that the home builders notify all home buyers that the City may impose limits on outdoor water
use including no watering of grass or sod unless the applicant is notified by the City that this
notice is no longer required. Said decision about whether or not this notice is no longer required
shall be made at the sole discretion of the City. The applicant shall have the city approve the
notification message before recording the final plat.
Passed and duly adopted this 7th day of May, 2019 by the City Council of the City of Lake Elmo,
Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2019-035
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS IN EASTON
VILLAGE
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved a Preliminary Plat the Easton Village development in
Lake Elmo on July 15, 2014 through adoption of Resolution 2014-58; and
WHEREAS, the City Council approved the Easton Village First Addition Final Plat on March 3,
2015 through adoption of Resolution 2015-07; and
WHEREAS, the City of Lake Elmo was granted Drainage and Utility Easements over portions of
Lilac Avenue North and parts of PID#s 13-029-21-42-0049 and PID# 13-029-21-13-0003 and these
easements were recorded with the Easton Village First and Third Addition Plats by the Office of the
Registrar of Titles of Washington County; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate three Drainage and Utility Easements recorded with the Easton Village First and Third
Additions by the Office of the Registrar of Titles of Washington County, Minnesota over parts of Lilac
Avenue North and over parts of PID#s 13-029-21-42-0049 and PID# 13-029-21-13-0003, legally
described as follows:
1. Drainage and Utility Easement per Document Number 4037027
2. Drainage and Utility Easement per Document Number 4168436
3. An existing drainage and utility easement of EASTON VILLAGE, Washington County,
Minnesota, according to the recorded plat, in favor of the City of Lake Elmo to be vacated in
its entirety is described as follows:
Beginning at the Northwest corner of Lot 1, Block 7, EASTON VILLAGE, Washington
County, Minnesota; thence easterly along the northerly lot line of said Lot 1, Block 7,
EASTON VILLAGE, North 89 degrees 32 minutes 47 seconds East a distance of 9.67 feet;
thence North 00 degrees 55 minutes 27 seconds West, a distance of 452.52 feet; thence South
89 degrees 32 minutes 47 seconds West, a distance of 125.92 feet; thence North 64 degrees 52
minutes 26 seconds West, a distance of 592.35 feet more or less to the west boundary of said
EASTON VILLAGE; thence southerly along the west property line of said EASTON
VILLAGE, South 00 degrees 00 minutes 58 seconds East, a distance of 167.05 feet; thence
North 86 degrees 02 minutes 31 seconds East, a distance of 146.60 feet; thence South 64
degrees 52 minutes 26 seconds East, a distance of 394.73 feet; thence South 87 degrees 03
minutes 26 seconds East, a distance of 79.99 feet; thence South 00 degrees 55 minutes 27
seconds East, a distance of 387.27 feet more or less to the northerly lot line of Lot 1, Block 6,
EASTON VILLAGE; thence easterly along said Lot 1, Block 6, EASTON VILLAGE, North
89 degrees 32 minutes 47 seconds East, a distance of 10.18 feet; thence North 00 degrees 13
minutes 05 seconds East a distance of 4.75; thence North 89 degrees 32 minutes 47 seconds
East a distance of 60.00 feet more or less to the western boundary of Lot 1, Block 7, EASTON
VILLAGE; thence North 00 degrees 13 minutes 05 seconds West, along the west boundary of
Lot 1, Block 7 EASTON VILLAGE, a distance of 7.50 feet more or less to the point of
beginning.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined the signatures constituted all of the landowners abutting upon the portion of easement to be
vacated and rededicated; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing to consider the vacation
of the Drainage and Utility Easements on the April 8, 2019 before the Planning Commission in the Lake
Elmo City Hall lafter due published and posted notice had been given and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, the City Council in its discretion has determined that the vacation of the easements
will benefit the public interest because:
1) The City has granted Final Plat Approval for Easton Village 5th Addition, which includes parts of
Lilac Avenue North and parts of PID#s 13-029-21-42-0049 and PID# 13-029-21-13-00003;
which will grant the City more appropriate easements for similar purposes.
WHEREAS, the City Council, at its meeting on May 7, 2019, considered the easement vacation
request.
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 three
existing Drainage and Utility Easements in Easton Village is hereby granted in accordance with the
property descriptions provided above, subject to the following condition of approval:
1) New easements as requested by the City Engineer and Public Works Director shall be recorded
with the Easton Village 5th Addition Final Plat.
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.
Adopted by the Council this 7th day of May, 2019.
Effective Date: ______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk