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HomeMy WebLinkAbout2022-118CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2022 -118 A RESOL UTIONAPPROVING THE FINAL PLAT FOR EASTON VILLAGE 7TH 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, Inc., 2140 West County Road 42, Burnsville, MN (the "Applicant") has submitted an application to the City of Lake Elmo ("City") for a final plat for Easton Village 7th Addition, a copy of which is on file in the City of Lake Elmo Planning Department (the "Final Plat'); and WHEREAS, the Easton Village Sketch Plan was reviewed by the City Planning Commission on January 7, 2014 and approved by the City Council on February 5, 2014; and WHEREAS, the City Council approved the Easton Village Preliminary Plat on July 15, 2014, subject to 21 conditions (the "Preliminary Plat'); and WHEREAS, the Preliminary Plat has expired for those lots that have yet to be platted into lots and blocks; and WHEREAS, the City Council has reviewed a request to extend the Preliminary Plat so that the Easton Village 7th Addition may be final platted; and WHEREAS, the proposed Easton Village 7th Addition includes 26 single family residential lots within the Easton Village 217-unit residential development; and WHEREAS, the City Council reviewed the memorandum prepared by City staff for the Final Plat at its meeting held on December 13, 2022 and makes the following findings: 1) That all the requirements of City Code Section 103.00.090 related to the Final Plat have been met by the Applicant. 2) That the proposed Final Plat consists of the creation of 26 lots for detached single-family homes. 3) That the Final Plat is generally consistent with the Preliminary Plat as approved by the City of Lake Elmo on Judy 15, 2014. 4) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. LA515-89-843818.v3 5) That the Final Plat complies with the City's Low Density Residential zoning district regulations. 6) That the 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 the City staff report. 7) That the Final Plat complies with the City's subdivision ordinance. 8) That the 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 October 31, 2022. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat subject to the following conditions: 1) The 180 day recording requirement as stated in Section 103.00.100 of the City's subdivision regulations is applicable, and the 180 day time clock will start the day the Final Plat is approved by the City Council. Should the Final Plat not be recorded by the Applicant within 180 days of City Council approval, the Final Plat and the Preliminary Plat shall expire. 2) The final construction plans must be revised to the satisfaction of the City Engineer to include the removal and restoration of the temporary Manning Avenue access at the corner of 32"d Street and Linden Avenue. The Development Agreement security shall include the full costs for this work to be completed as part of the subdivision improvements. Said closure and removal of the temporary access must be completed by the Applicant before the City will hold a pre -construction meeting for the development of the subdivision. 3) 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 City staff before the release of the Final Plat by the City for recording. The City Council's approval of the Final Plat is contingent upon the Applicant making all changes and modifications to the plans requested by the City Engineer in the Easton Village 7th Addition Construction Plan Review Memorandum dated October 31, 2022. Said changes and modifications to the plans must made to the satisfaction of the City Engineer. 4) The conditions listed by City's Landscape Architect in the memo dated April 23, 2021 shall be incorporated by the Applicant into the final construction/landscape plans and approved by the City's Landscape Architect before the Final Plat is released by the City for recording. LA515-89-843818.0 5) Comments listed by the Fire Chief in his memo dated April 6", 2021 must be addressed by the Applicant to the satisfaction of the Fire Chief before the Final Plat is released by the City for recording. 6) 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 subdivision with financial guarantees therefor. 7) All easements as requested by the City Engineer and the Public Works Department, including but not limited to, a public trail easement from the northern cul-de-sac of Linden Avenue to Village Parkway shall be documented on the Final Plat or by separate instrument to the satisfaction of the City Engineer and the Public Works Department before the execution of the Final Plat by City officials. 8) A Landscape License and Maintenance Agreement in the City's standard form shall be executed by the Applicant for the maintenance of landscaping within HOA and City outlots and rights -of -way before the release of the Final Plat by the City. 9) The Applicant shall provide a disclosure statement to all initial home buyers in the development advising of the location of the Lake Elmo Airport and associated over- flights. 10) All builders shall be encouraged by the Applicant to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council's Builder Guide. 11) The Applicant must notify all home builders about possible City outdoor watering restrictions and that all home builders must 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 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 the release of the Final Plat by the City. 12) The City will not issue any building permits until all public subdivision improvements have been accepted by the City. 13) Approval of Final Plat by the City Council is conditioned upon the execution of an agreement to extend the Preliminary Plat which has since expired. 14) The Applicant must provide adequate title evidence satisfactory to the City Attorney prior to the Final Plat being signed by City officials. 15) The Applicant must obtain a Valley Branch Watershed District permit. LA515.89-843818.0 16) The Applicant must pay for a portion of the costs to secure, build, and install a public railroad crossing. The amount of the cash payment for the Final Plat is $23,125.00. Said payment must be made to the City prior to the Final Plat being released for recording. Passed and duly adopted this 13' day of December, 2022 by the City Council of the City of Lake Elmo, Minnesota. L� arles Cadenhead, Mayor ATTEST: J ie ohnson/C_K Clerk LA515-89-843818A EXHIBIT 1 Legal Description of the Property Outlots D and G, Easton Village 3rd Addition, according to the recorded plat thereof, County of Washington, State of Minnesota. 1,A515-23-707753.v2 LA515-113-836040.v3 LA515-89-844000.v2