HomeMy WebLinkAbout#11 - Royal Golf 4th Add Final PlatSTAFF REPORT
DATE: 12/7/2021 CONSENT AGENDA
TO: City Council FROM: Corrin Bemis, Planning Consultant ITEM: Royal Golf Club at Lake Elmo 4th Addition Final Plat REVIEWED BY: Molly Just, Planning Director Jack Griffin, City Engineer Planning Commission
BACKGROUND:
The City Council is being asked to consider a request by U.S. Home Corporation d/b/a Lennar for approval of the Final Plat for the Royal Golf Club at Lake Elmo 4th Addition. Per City Code Section 103.00.100, Final Major Subdivisions, the Planning Commission reviewed and recommended
approval on the submitted plans and supporting data for the final plat application at their November 22, 2021 meeting.
The Final Plat for the 4th Addition will create five new outlots for conveyance purposes. U.S. Home Corporation, d/b/a Lennar, is under contract to purchase the 4th phase of the Royal Golf Club from
H.C. Golf Land, LLC, and the final plat with be used to assist in facilitation of the transaction. Outlot C of the Royal Golf Club at Lake Elmo 3rd Addition and Outlot B of the Royal Golf Club at Lake Elmo will be subdivided into:
• Outlot A (0.9 acres / 39,076 sf) • Outlot B (61.53 acres / 2,680,384 sf)
• Outlot C (7.59 acres / 330,779 sf) • Outlot D (1.86 acres / 80,884 sf) • Outlot E (16.02 acres / 697,916 sf)
The review and approval of the Final Plat does not require a public hearing. Future development of
the outlots requires review and approval of a Final PUD. A public hearing will take place as part of that process. The applicant has noted that future development will be consistent with existing homes in the area. Staff is recommending approval of the request subject to meeting the conditions of approval listed in this report.
ISSUES BEFORE THE CITY COUNCIL
The City Council is being asked to take the following action:
1. Approve the Final Plat for Royal Golf Club at Lake Elmo 4th Addition.
PROPOSAL DETAILS/ANALYSIS:
Applicant: U.S. Home Corporation d/b/a Lennar
Owner: Outlot B, H.C. Golf Land, LLC Outlot C, Royal Development, Inc.
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Location: Outlot B, The Royal Golf Club at Lake Elmo,
PID #25.029.21.22.0005 Outlot C, The Royal Golf Club at Lake Elmo, PID #25.029.21.22.0002
Request: Application for Final Plat
Existing Land Use: Vacant Outlot; Current Zoning: GCC – Golf Course Community
Surrounding Land Use: North – Rural Single Family (RS) and Rural Residential (RR), South – Golf Course Community (GCC), East – Golf Course Community (GCC), West – Public Facilities (PF)
Comprehensive Plan: GCC – Golf Course Community
History: Preliminary Plat and PUD Plan approval was granted on June 6, 2017 by Resolution 2017-047. Final Plat and PUD Plans for 1st Addition was granted on September 5, 2017 by Resolution 2017-093. Final Plat
and PUD Plans for 2nd Addition was granted on July 3, 2018 by
Resolution 2018-070. Final Plat and PUD Plans for 3rd Addition was granted on December 4, 2018 by Resolution 2019-005. City Council approved a time extension, giving the developer until July 31, 2022 to record the 3rd Addition Final Plat.
Deadline for Action: Application Complete – 10/12/21 60 Day Deadline – 12/11/21 Extension Letter Mailed – No 120 Day Deadline – NA
Applicable Regulations: 103.00.100 – Final Major Subdivisions Article 10 – Urban Residential Districts (GCC)
PROJECT ANALYSIS
Consistency with Preliminary Plat. As the proposed Final Plat is only for conveyance purposes, the application does not include home sites, right-of-ways, or any associated information of the future 4th Addition. A final plat and PUD for the 4th Addition will be submitted at a later date which will
include all necessary development information. Final density of the 4th phase of The Royal Golf Club at Lake Elmo will be calculated with the final plat and PUD application. Associated infrastructure, improvements and wetland or natural area disturbances will be also be included in the same final plat and PUD.
Staff will review consistency with the Preliminary Plat conditions as part of the future final plat and PUD submittal.
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Approved Preliminary Plat
Proposed Final Plat
Outlots. The Final Outlot Plat will create five (5) new outlots.
• Outlot A (0.9 acres / 39,076 sf)
• Outlot B (61.53 acres / 2,680,384 sf)
• Outlot C (7.59 acres / 330,779 sf)
• Outlot D (1.86 acres / 80,884 sf)
• Outlot E (16.02 acres / 697,916sf)
The gross area being subdivided into five (5) outlots on this Final Outlot Plat is 87.9 acres (3,829,039
sf). A map of the proposed outlots is included in Attachment 5.
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Lot Sizes and Widths. Lot sizes and widths will be included in a future final plat and PUD
submittal.
Density. Density calculations will be included in a future final plat and PUD submittal.
Parkland Dedication. Calculations for parks, trails, and dedicated public space and values associated with dedicated land and improvements will be included in a future final plat and PUD submittal.
Landscaping. Landscaping details will be included in a future final plat and PUD submittal
Street Design and Naming. Street design and naming details will be included in a future final plat and PUD submittal.
Engineering Comments. On November 5, 2021, the City Engineer reviewed the final plat application and wrote:
“Engineering has no comments on the Royal Golf Club 4th Addition Final Plat. The 4th Addition Final Plat appears to be retaining the required existing drainage and utility easements previously platted/granted to the City/VBWD.”
City Attorney Comments. The Plat Opinion for the Royal Golf Club at Lake Elmo 4th Addition is
included in Attachment 7. On November 11, 2021, the City Attorney reviewed the final pat application and wrote:
“I reviewed the final plat application for The Royal Golf Club at Lake Elmo 4th Addition. This looks to be the “outlot plat” that we had talked about with them (to help with the purchase and transfer of property
from Royal to Lennar). It appears to me that Outlot A is for drainage and utility purposes and Outlot C consists of a wetland, leaving Outlot B to be platted in a future plat into lots and blocks. There is already a drainage and utility easement over Outlot A, so nothing further needs to be done with respect to that
Outlot. However, there does not appear to be a drainage and utility easement over Outlot C (the wetland property). The City may want to require that a drainage and utility easement be dedicated over Outlot C. Also, it appears that some of the wetland is located within Outlot B. The City may want to require a
drainage and utility easement over that area in Outlot B as well (just to make sure that it is covered).”
Planning Commission Review. The Planning Commission reviewed the Royal Golf Club at Lake Elmo 4th Addition Final Plat at its November 22, 2021 meeting. There were no comments or
discussion following the presentation by the Planning Director. The Planning Commission recommended approval 5-0, subject to the conditions listed in the staff report.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff is recommending conditions as part of this final plat review to address issues highlighted in this report, as well as comment made by the City Engineer and City Attorney. Based on the above Staff report and analysis, Staff is recommending approval of the final plat for Phase Four of the Royal
Golf Club at Lake Elmo with the following conditions:
1) Prior to the City issuing building permits, the developer shall receive City Council approval on a Final PUD for the Royal Golf Club 4th Addition and enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council. This
agreement shall delineate who is responsible for the design, construction, and payment of the required improvements with financial guarantees.
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2) 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 prior to the commencement of any grading or development activity on the site.
3) The Final Plat approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution.
DRAFT FINDINGS
Staff is recommending the City Council consider the following findings with regards to the proposed Royal Golf Club at Lake Elmo 4th Addition Final Plat.
1) That all the requirements of City Code Section 103.00.100 – Final Major Subdivisions have been met by the Applicant.
2) That the Royal Golf Club at Lake Elmo 4th Addition Final Plat complies with the City’s subdivision ordinance.
3) That the Royal Golf Club at Lake Elmo 4th Addition Final Plat complies with the City’s Engineering Standards, as noted by the City Engineer on November 5, 2021.
4) That the Final Outlot Plat will be utilized for conveyance purposes and will assist in facilitation of U.S. Home Corporation, d/b/a Lennar’s, purchase of the 4th phase of the Royal Golf Club from H.C. Golf Land, LLC.
5) That the Final Outlot Plat will create five (5) new outlots from Outlot C of the Royal Golf Club at Lake Elmo 3rd Addition and Outlot B of the Royal Golf Club at Lake Elmo.
a. Outlot A (0.9 acres / 39,076 sf)
b. Outlot B (61.53 acres / 2,680,384 sf)
c. Outlot C (7.59 acres / 330,779 sf)
d. Outlot D (1.86 acres / 80,884 sf)
e. Outlot E (16.02 acres / 697,916sf)
6) That the Final Outlot Plat will be named The Royal Golf Club at Lake Elmo 4th Addition Washington County Minnesota, to remain consistent with previous phases of The Royal Golf
Club at Lake Elmo.
7) That consistency with Preliminary Plat and PUD Plans approved by the City of Lake Elmo on June 6, 2017 will be reviewed at the time of submittal for a final PUD for the Royal Golf Club 4th Addition.
8) That consistency with the Lake Elmo Comprehensive Plan and Zoning Code will be reviewed at the time of submittal for a final PUD for the Royal Golf Club 4th Addition.
RECOMMENDATION:
Staff recommends that the City Council approve the Royal Golf Club at Lake Elmo 4th Addition Final Plat, based on the findings of fact and conditions outlined in the Staff Report.
“Move to adopt Resolution 2021-135 approving the Royal Golf Club at Lake Elmo 4th Addition Final Plat based on the findings of fact and conditions outlined in the Staff Report.”
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ATTACHMENTS:
1. Final Plat Application for Outlot B 2. Final Plat Application for Outlot C 3. The Royal Golf Club at Lake Elmo 4th Addition Final Outlot Plat Narrative 4. The Royal Golf Club at Lake Elmo 4th Addition Final Plat 5. The Golf Club at Lake Elmo 4th Addition Area Map
6. Royal Golf Club Preliminary PUD Map 7. Plat Opinion for The Royal Golf Club at Lake Elmo 4th Addition
FINAL PLAT APPLICATION REQUIREMENTS1
All Subdivisions of Land creating four (4) or more lots
This handout is intended to provide guidance on putting together and submitting a Final Plat
application for the subdivision of property in Lake Elmo. The purpose of the Final Plat is to
incorporate all conditions placed on the Preliminary Plat application into the final plans, and to
finalize all documentation for legal recording at the County. This steps completes the
subdivision process.
In order to have your Final Plat application be complete and reviewed in a timely fashion, there
are a number of steps that must be followed:
1.Pre-submittal Meeting: Contact City Staff to discuss the status of any outstanding
Preliminary Plat conditions, to discuss the requirements for Final Plat application submittal
and obtain another land use application.
2.Final Plat Submittal: Prepare an informational packet (described herein) that fulfills the
Final Plat submittal requirements. Providing a detailed and thorough application packet will
greatly reduce the overall review time. Submit your completed packet to Staff to initiate
review.
3.Completeness Review: Staff will examine your submittal to determine if the application is
complete, and contact you if additional information is required or was omitted. It is to your
advantage to submit your materials as early as possible so Staff can assist you in meeting all
requirements. Applications found to be incomplete will be returned to the applicant.2
4.Final Plat Review/Processing: Staff will process completed applications. This process
typically requires at least one applicant revision and resubmittal of plans to work through
review comments. The process may also include additional applicant meetings, requesting
review comments from partnering agencies, and writing reports.
5.City Council Meeting: Once the plans are revised to fully meet the Zoning and Subdivision
Ordinance and Engineering Design Standards as outlined by Staff, planning and engineering
reports are prepared and the item is scheduled for the next available City Council meeting (1st
or 3rd Tuesday of the month3). If the proposed final plat has significant changes from the
approved preliminary plat, the City requires the Planning Commission to make a
recommendation about the proposal before the City Council considers the final plat.
1 The information provided in this document is intended to be a correct statement of the law as set forth in
the Lake Elmo City Code and the laws of the State of Minnesota. However, the applicant should refer
to the actual sources and consult with their own legal advisor regarding applicability to their
application. In providing this information, the City makes no representations nor provides any legal
advice or opinion.
2 Minnesota State Statute 15.99 requires local governments to review an application within 15 business
days of its submission to determine if an application is complete and/or if additional information is
needed to adequately review the subject request.
3 Staff will determine when applications are reviewed based on the time needed to review the application
and the number of items already scheduled on future agendas. Please note that meeting dates are ange
due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times.
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6.Revisions: If needed, the applicant revises the Final Plat to address City staff
recommendation(s) and any outstanding review comments before City Council consideration.
7.City Council Meeting: Once the plans are finalized and ready for the City Council’s
consideration, staff reports are prepared and the Final Plat is placed on the next available City
Council meeting agenda (1st or 3rd Tuesday of the month3). Applicants are advised to attend
both the Planning Commission and City Council meetings and be open to questions regarding
the request.
8.Decision: The City Council will review the request and either grant or deny the Final Plat.
9.Title Work: If the Final Plat application is approved by the City Council, all title work must
be reviewed and approved by the City Attorney before the plat is recorded by the County.
The applicant shall provide evidence in a form satisfactory to the City Attorney that he/she
has fee interest in the subject property.
Above all else, it is imperative that an applicant begin preparations as early as possible and to
ensure that a complete application is submitted. Review by the Planning Commission will not
occur until at least three weeks have passed from when the City has deemed the application
complete.
Final Plat Fees: The City Council has established a non-refundable fee4 for processing Final
Plat applications. Please see the current fee schedule on our website. In addition, the City
requires that the applicant enter into an Escrow Agreement with the City and post an $8,000
escrow to reimburse the City for all technical planning, engineering, public works and legal
review.
You will find that a great deal of the information requested for a Final Plat application matches
the requirements for Preliminary Plat application submittal. While we have your original
applications, the City does require that all applicants submit a new and complete application at
every stage of the development process (updating information as needed). This allows us to track
changes as the application progresses through the various levels of review. With this in mind,
the following materials must be submitted prior to deeming an application complete:
Sub: Req: Item:
1.A completed land use application form signed by all property owners along
with payment of the proper filing fee, escrow and escrow agreement.
4 Applicant is also responsible for any additional fees incurred by the City (i.e. engineering, planning,
postage, legal expenses, et cetera).
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2.Written statements providing information regarding your proposal. Please
provide a separate answer for each of the lettered items listed below (answers
must be submitted in both hard copy and electronic form-- MS Word format or
PDF):
a.A listing of contact information including name(s), address(es) and
phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates.
b.A listing of the following site data: Address, current zoning, parcel size
in acres and square feet, property identification number(s) (PID), and
current legal description(s).
c.Final Subdivision and Lot Information:
i.The name of the Final Plat.
ii.A table listing the lot and block number, size of lot, width of lot,
and depth of lot.
iii.Final exact area calculations of parks, trails, and any other
dedicated public open space; and estimated values of all dedicated
land and improvements (trails, park equipment, sports fields, etc.).
iv.Final exact area calculations of wetlands and buffers.
v.Final proposed area calculations for all dedicated right-of-ways.
vi.Proposed legal descriptions for: all lots, easements to be created (if
not being dedicated on the plat), and easements to be vacated (if
any).
d.An explanation of how issues have been addressed since the Preliminary
Plat phase of the development.
e.A statement showing the final density of the project with the method of
calculating said density shown.
f.Discuss proposed infrastructure improvements and phasing thereof (i.e.
proposed roadways, sewer systems, water systems, sidewalks/trails,
parking, etc) necessary to serve the subdivision.
g.If applicable, a narrative addressing how concerns/issues raised by
neighboring properties have been addressed (discussing your proposal
with the neighboring land owners is recommended to get a sense of
what issues may arise as your application is processed).
h.If applicable, a description of how conflicts with nearby land uses
(livability, value, potential future development, etc.) and/or disturbances
to wetlands or natural areas are being avoided or mitigated.
i.Provide justification that the proposal will not place an excessive burden
on roads (traffic), sewage, water supply, parks, schools, fire, police, or
other public facilities/services (including traffic flows) in the area.
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Written statements continued:
j.If applicable, provide a description of proposed lakeshore access (i.e.
shared dock with multiple slips, individual docks for each lot, etc.).
k.A description of proposed parks and/or open space, including a brief
statement of the overall land dedication of fees to be paid in lieu of land
dedication that meets the public land dedication requirements of the
Subdivision Ordinance.
l.A proposed development schedule indicating the approximate date when
construction of the project, or stages of the same, can be expected to
begin and be completed (including the proposed phasing of construction
of public improvements and recreational and common space areas).
3.Plat & Associated Plans: Ten (10) packets of reduced size (11x17) and five
(5) packets of full plan size (24x36) containing each of the following required
pieces of information depicting the proposed subdivision. Each document shall
be at a consistent, readable, and measurable engineering scale, include a title
and a page number (Sheet 1 of 5+, Sheet 2 of 5+, et cetera), ).Staff will assist
you in determining what is required. The plan sets will not be considered
complete unless all required elements are included. Additionally, each of the
packet items must be submitted in an electronic format (.jpg, .pdf, etc.) for use
in presentations.
The following pages outline the information that is required to deem your
application complete.
Please refer to the City’s Engineering Design and Construction Standards
Manual to ensure compliance prior to submitting plans.
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Final Plat:
Sub: Required: Item:
1.Administrative Information:
Appropriate identification of the drawing (i.e. final plat, grading
plan, etc).
Name of the subdivision, which shall not duplicate or too closely
approximate the name of any existing platted subdivision in
Washington County. Proposed names must be verified by the
Washington County Recorder.
Signature of surveyor, engineer, landscape architect, and all
other professionals certifying the documents.
Date of plan preparation with revision date(s) (if any).
Graphic scale and true north arrow(engineering scale only, not
less than one (1) inch equals one hundred (100) feet.
A complete Legend depicting all line types and symbols used
within the plans.
2.General Property Information:
Address(es) and PID(s) for the subject property.
Existing legal description(s) for the subject property.
Existing parcel boundaries shown with survey measurement data
matching the existing legal description of the parcel of land to be
platted.
Date of survey.
Name, address, and phone number of landowner (and subdivider
if not the same)
Name, address, and phone number of engineer, surveyor,
landscape architect, or land planner preparing the plat (include
registration #’s)
3.Indication of the gross area being subdivided and the proposed
number of lots shown in square feet and acres.
4.Existing site improvements within the parcel of land to be platted and
for a distance of 150 feet outside of the parcel boundaries.
5.Zoning district(s) of the land being subdivided (if more than one
zoning district, zoning boundary lines must be shown) and proposed
future zoning for the subdivided land.
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6.Layout of proposed lots with future lot and block numbers. The
boundary lines of the subdivision should be clearly distinguishable
from other property lines. Denote outlots planned for public
dedication and/or open space (schools, parks, trails, stormwater
ponds, etc.).
7.Layout of existing property lines if (different from proposed lot
lines). Existing lot lines should be easily distinguishable from the
proposed lot lines and not be a prominent feature on the plat.
8.Denote the area within each of the proposed parcels (in the
appropriate units of acres and/or square feet)
9.Existing contours at intervals of two feet. Contours must extend a
minimum of 150 feet beyond the boundary of the parcel(s) in
question.
10.Delineation of wetlands and/or watercourses on the plat and within
150 feet of the perimeter of the subdivision parcel. The ordinary high
water elevation and the 100 year flood elevation shall be shown for
all existing water bodies.
11.Location, width, and names of existing and proposed streets within
and immediately adjacent to the subdivision parcel, showing
pavement type and width.
12.All easements of record within or adjacent to the plat.
13.Lines establishing the buildable area on each lot (setbacks)
14.Boundary lines of adjoining parcels within three hundred fifty (350)
feet beyond the plat. Individual parcels shall be identified by name
and ownership including all contiguous land owned or controlled by
the subdivider.
15.Location and dimensions of existing buildings or significant above
ground structures on or within one hundred and fifty (150) feet of the
outer plat boundary.
16.Location of any unique natural and/or historic features (if any)
Final Grading, Drainage& Erosion Control Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final grading,
drainage and erosion control plan.”
2.Administrative information as required for the Final Plat.
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3.Final Grading Plan: The developer shall submit a final grading,
drainage and erosion control plan utilizing a copy of the current
certificate of survey as a base for the site in question, prepared and
signed by a Minnesota licensed engineer, depicting the following
information:
4.North arrow and date of preparation.
5.Graphic Scale (engineering scale only, not less than one (1) inch
equals fifth (50) feet).
6. For each lot, provide lot and block numbers, easement locations,
building pad location, building type and proposed building first
floor elevation, low floor elevation and elevation at garage slab.
7.Stormwater Management Plan, with a narrative, including the
configuration of drainage areas and calculations that meet the
requirements of the City Code and City Engineering Stormwater
Management Requirements and/or applicable Watershed
Standards.
8.Location of all natural features on the tract. Natural features are
considered to include, but are not limited to the following: tree
lines, wetlands, ponds, lakes, streams, drainage channels, bluffs,
steep slopes, etc.
9.All delineated Wetlands and watercourse buffers per the City and
Watershed standards; and wetland replacement plan, if needed.
10.Location of all existing storm sewer facilities, including pipes,
manholes, catch basins, ponds, swales, and drainage channels
within one hundred fifty (150) feet of the tract. Existing pipe
type, grades, rim and invert elevations and normal and high water
elevations must be included.
11.Normal water level (NWL) and 100-year high water level (100-
year HWL) for all water bodies, existing and proposed.
12.Spot elevations at drainage break points and emergency
overflows (in BOLD) with directional arrows indicating site,
swale and lot drainage.
13.Retaining Walls (wall heights and elevations).
14.Locations, grades, rim and invert elevations of all storm sewer
facilities, including ponds and BMP’s proposed to serve the tract.
15.Locations and elevations of all street high and low points.
16.Street grades shown.
17.Provide phasing plan for site grading.
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18.All soil erosion and sediment control measures to be incorporated
during and after construction must be shown. Locations and
standard detail plates for each measure must be included on the
plan using Lake Elmo city standard details. Plan must meet the
requirements of MPCA General Permit Construction Activity.
19. All revegetation measures proposed for the tract, including seed
and mulch types and application rates must be included on the
plan.
20. Existing contours at two (2) foot intervals shown as dashed lines
(may be prepared by a Minnesota licensed surveyor). Existing
contours shall extend one hundred fifty (150) feet outside of the
tract.
21. Proposed grade elevations at two (2) foot intervals shown as solid
lines.
22.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Utility Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final utility plan.”
2.Administrative information as required for the Final Plat.
3.Final Utility Plan, prepared and signed by a Minnesota licensed
engineer, depicting the following information:
4. Easements: Location, dimension and purpose of all utility
easements.
5. Underground and Overhead Facilities: Location and size of
existing utilities including sewers, water mains, culverts, gas,
electric, phone, cable, fiberoptic, utility poles or other underground
facilities within the tract and to a distance of one hundred fifty
(150) feet beyond the tract. Such data as grades, invert elevations,
and location of catch basins, manholes and hydrants shall also be
shown.
6. Proposed utility plans including sanitary sewer, watermain, and
storm sewer, all in accordance with the current City of Lake Elmo
engineering design standards manual.
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7. Water Supply, Public: Water mains shall be provided to serve the
subdivision by extension of an existing community system
wherever feasible. Service connections shall be stubbed to the
property line. Extensions of the public water supply system shall
be designed so as to provide public water in accordance with the
engineering design standards as approved by the City Engineer and
in accordance with the City’s Comprehensive Water Plan. The
Final Utility Plan shall indicate the location of all hydrants and
valves.
8.Water Supply, Private: In areas where public water supply is not
available, individual wells shall be provided on each lot, properly
placed in relationship to the individual sewage disposal facilities.
Well plans must comply with the State Well Code, as may be
amended, and be submitted for the approval of the City Engineer.
9.Sewage Disposal, Public: Sanitary sewer laterals and service
connections shall be installed in accordance with the design
standards of the City as approved by the City Engineer. The Final
Utility Plan shall provide the locations, grades, rim and invert
elevations, and sizes of all proposed sanitary sewer facilities to
serve the tract. Demonstration of two separate and distinct land
area of at least 10,000 square feet suitable for septic drainfields is
required.
10.Sewage Disposal, Private: All individual sewage treatment
systems shall be installed in accordance with all applicable State,
County, and City requirements.
11.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Street & Storm Sewer Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final street & storm
sewer plan.”
2.Administrative information as required for the preliminary plat.
3.Final Street and Storm Sewer Plan, prepared and signed by a
Minnesota licensed engineer, depicting the following information:
4.Layout of proposed streets showing the proposed lot lines, right-
of-way widths, and proposed names of streets in conformance with
the County Uniform Street Naming and Addressing System.
5.Locations and widths of proposed streets, alleys and pedestrian-
ways.
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6.Location, dimensions and purpose of all easements.
7.Annotation of street geometrics for all horizontal curves, tangent
lengths and corner radii.
8. Centerline profile and gradients for all streets, with vertical
geometrics annotated on the plan profiles.
9.Typical cross section of proposed street improvements.
10.Minimum front and side street building setback lines.
11.When lots are located on a curve, the width of the lot at the
building setback line.
12.Location and number of off-street parking spaces (guest,
handicapped, bicycle, motorcycle, etc.) including typical
dimensions of each. Note: not required for single family
residential developments.
13.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Tree Preservation Plan5:
Sub: Required: Item:
1.Appropriate identification of the drawing(s) as the “final tree
preservation plan.”
2.Administrative information as required for the Final Plat.
3.Final Tree Preservation Plan, prepared and signed by a Minnesota
licensed forrestor or landscape architect, depicting the following
information:
4. Tree inventory and survey, including a total listing of all healthy
significant trees, all healthy significant trees to be removed and all
healthy significant trees to remain. Information should be
presented in both graphic (at a scale not less than one (1) inch
equals one hundred (100) feet) and tabular form (charts listing
significant trees by field tag number).
5. General description of the trees on the site not meeting the
significant size threshold.
6. Locations of proposed buildings, structure, or impervious surfaces.
7. Delineation of all areas to be graded and limits of land disturbance.
5 All tree preservation plans shall be certified by a forester or landscape architect.
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8.Identification of all significant trees to be removed in the
construction area, presented in both graphic and tabular form.
9.Measures to protect the significant trees that are to remain.
10.Size, species, number and location of all replacement trees proposed
to be planted on the property in accordance with the Mitigation Plan,
if necessary, presented in both graphic (at a scale not less than one
(1) inch equals one hundred (100) feet) and tabular form.
Final Landscaping Plan6:
Sub: Required: Item:
1.Appropriate identification of the drawing(s) as the “final landscaping
plan.”
2.Administrative information as required for the Final Plat.
3.The proposed location, size, quantity, and species of all existing and
proposed plant materials as required in §154.258. Information should
also be provided in tabular form.
4.Methods for protecting existing trees and other landscape material,
consistent with §154.257.
5.Proposed structural and ground cover materials.
6.Proposed provisions for irrigation and other water supplies. Irrigation
plan must comply with the City Standard Specifications Standards.
7.If required, proposed screening showing details and typical cross-
sections.
Ghost Plat (Note: Ghost Plat may be required dependent on potential future land uses of adjacent
property as guided by the City’s Comprehensive Plan):
Sub: Required: Item:
1.Appropriate identification of the drawing as a “ghost plat.”
2.Administrative information as required for the Final Plat.
3.Show potential future subdivision possibilities for the land if your
proposal was approved (i.e. if you are not subdividing to the
maximum density, how might the land be further divided in the
future to reach the maximum density).
4.Indicate how the proposed subdivision will relate to potential future
subdivisions of adjacent properties (you may need to ghost plat
development on adjacent properties to establish this relation).
6 All landscape plans shall be certified by a landscape architect.
Final Plat Application Handout City of Lake Elmo
12
Electronic files
Sub: Required: Item:
1.A flash drive must be submitted which includes electronic files for
the written statements regarding the proposal, the plat and all
associated plans. Staff can generally work with most file formats
(.jpg or .pdf files are preferred). An electronic drop-box to access all
project files and plans also are acceptable.
Sub: Req: Item:
4.Supplemental Information. Depending upon the submittal, the following items
may also be required:
Feasibility report(s) for proposed individual on-site sewer and water systems.
Such reports will be required with any future plat;
Proposed protective covenants;
Ten (10) copies of a context diagram that graphically depicts how the
development plan relates to its surrounding neighborhood or community context
including the pedestrian, bike, and street (vehicular access) network (existing
and potential);
A Traffic Impact Study (TIS) (6 copies) prepared in accordance with State,
County and/or City Engineering guidelines;
A soil survey and report; Include a report indicating results of deep soil tests and
percolation tests at the rate of no fewer than 2 successful test results for reach
proposed septic disposal area (4) tests per lot.;
Signed letters of intent indicating that all required off-site easements and off-site
rights-of-way necessary for the project could be negotiated and obtained;
A hydrological/groundwater report;
Any other special natural area or environmental study or report pursuant to Lake
Elmo Code as requested by the City, if such exists or is deemed necessary;
Any other information required by Staff, Commissioners, or Council Members
necessary to provide a complete review of the preliminary plat and associated
plans7. Additional items include:
7 Number of copies, size, and other such administrative details may also be imposed when requiring
additional information.
Final Plat Application Handout City of Lake Elmo
13
Sub: Req: Item:
5.Variances: If you are requesting variances in any portion of the submitted Final
Plat, the City asks that you list each of the requested variances and provide an
explanation as to why each is necessary and cannot be avoided. Additionally,
you must provide written answers to the following questions:
(1)Identify the unusual hardship on the land that necessitates the variance
request; and
(2)Explain the nature of the proposed use of land and the existing use of
land in the vicinity of the property; and
(3)Estimate the number of persons to reside or work in the proposed
subdivision; and
(4)Indicate the anticipated effect of the proposed subdivision upon traffic
conditions in the vicinity.
Sub: Req: Item:
6.Additional Applications: If your request involves a rezoning or a vacation
request, additional applications and materials will be required.
Zoning Map Amendment Application
Vacation Application
Upon City Council approval of Final Plat, and before any construction commencing, a pre-
construction meeting must occur for both grading and street utility construction. These meetings
may be combined into one meeting provided all items on both check lists are completed. Pre-
construction meetings may not occur before the City Council approves the Final Plat and
Development Agreement.
Checklist for Pre-Construction Conference for Grading
1. Payment of Development Fees
2. Issuance of securities on City of Lake Elmo approved form
3. Copy of Certificate of Insurance for both Developer and General
Contractor identifying City of Lake Elmo as additional insured on City
of Lake Elmo approved form
4. Copy of NPDES card
5. Grading specifications
6. Proposed construction schedule
Final Plat Application Handout City of Lake Elmo
14
7. List of subcontractors and contacts
8. List of materials and suppliers
Prior to grading operations commencing, contractor shall install all perimeter erosion control and
other required erosion control best management practices and have the site inspected and
approved by the City of Lake Elmo’s Field Inspector or Observer.
Checklist for Pre-Construction Conference for Streets and Utilities
1. Payment of Development Fees
2. Issuance of securities on City of Lake Elmo approved form
3. Copy of Certificate of Insurance for both Developer and General
Contractor identifying City of Lake Elmo as additional insured on City
of Lake Elmo approved form
4. Approved construction plans and specifications. (Note: these may not
be the same as the approved Final Plat Street and Utility Plans.
Questions about construction plans and specifications should be
directed to the City Engineer)
5. Minnesota Department of Health Watermain Permit
6. Minnesota Pollution Control Agency Sanitary Sewer Extension Permit
7. Proposed construction schedule
8. List of subcontractors and contacts
9. List of materials and suppliers
State Statutes provide City staff with fifteen (15) business days to review an application to
determine if it is complete. Applications found to be incomplete will be returned to the applicant.
Please contact staff at (651) 747-3900 if you have any questions.
Thank you!
This handout last updated on 1/15/2020
City of Lake Elmo
Escrow Agreement for Municipal Review Services
Deposit Agreement
THIS AGREEMENT is made this _____ day of _____________________ 201 , by the Applicant and
Owner (hereinafter individually and collectively referred to as “Applicant”) in favor of the City of Lake
Elmo, a municipal corporation of Minnesota (hereinafter referred to as “City”).
A.“Applicant” whose name and address is:
_________________________________________________________
_________________________________________________________
_________________________________________________________
B.“Owner” whose name and address is:
_________________________________________________________
_________________________________________________________
_________________________________________________________
RECITALS
WHEREAS, the Applicant has applied to the City for approval for one or more of the following:
(Circle One)
1.Concept / Sketch Plan
2 Preliminary Plat
3.Final Plat
4.Planned Unit Development
5.Open Space Development
6.Conditional Use Permit
7. Commercial Zoning / Use
8. EAW Review
WHEREAS, the Applicant acknowledges the receipt of benefit to the property, from the City’s technical
and compliance review of the application; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412 and 462, the City
will process the application on the condition that the Applicant enter into this Deposit Agreement,
which agreement defines certain duties and responsibilities of the Applicant, as well as the City; and
the Applicant shall provide cash to the City in the amount satisfactory to the City; and provide security
to the City for the payment of all review costs incurred by the City.
24th September 21
U.S. Home Corporation d/b/a Lennar
16305 36th Avenue North, Suite 600
Plymouth, MN 55446
H.C. Golf Land, LLC
941 Hillwind Road NE, Suite 301
Fridley, MN 55432
X
NOW THEREFORE, the City and Applicant agree as follows:
1.Requirement. The Applicant is required to make the necessary deposits prior to the process of
municipal planning, public works, legal & engineering review commences.
2.Review Process. Applicant acknowledges and agrees that the City shall commence to review
and process the review request checked above at such a time that this Agreement is executed
by all parties and the cash required for the specific review is deposited and posted by the City’s
Finance Department. The City may provide a review completion schedule to the Applicant at
the time of deposit. The City reserves the right to modify the schedule based on the
completeness of the application, the need for additional information for review, or revisions to
the application that may occur during the scheduled review.
3.Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs in
connection with reviewing the application. The City shall determine all of its costs, including
both administrative and consulting services, at the rates charged by the City or its consultants,
determined according to the City’s adopted fee schedule. A copy of the current administrative
and consulting rates is attached as Exhibit “A”, which rates are subject to change by the City,
without notice to the Applicant. Exhibit “A” should not be construed as an exhaustive list of
consultants and Applicants shall be responsible for all other consulting fees related to the
application. The City shall provide Applicant with the applicable rates for consultants used in
the review prior to commencement. This Agreement does not pertain to ancillary charges
incurred by reviewing of other governmental bodies, including but not limited to, Soil & Water
Conservation Districts, Washington County Government, Water Shed, or any other unit of
government that may, by right,have review authority.
4.Conditions of Deposit. The following stipulations and conditions shall apply to the deposit
account for review services contemplated under this Agreement.
a.Payment shall be made to City consultants, included but not limited to legal and
planning, in the amounts billed to the City, according to consulting rates in effect at the time of
the execution of the agreement. Such consulting deemed necessary for the proper review of
the application shall be at a usual and customary rate as it relates to the subject matter of the
application for payment as determined by the City.
b.The City shall reimburse itself from deposit accounts for all costs and expense incurred
by the City in connection with the implementation and enforcement of this Agreement.
Reimbursement shall occur on a monthly basis and the City’s Finance Department shall notify
Applicant of the reimbursement via account reconciliation report.
c.The City shall not be responsible for paying any interest on the money deposited under
the Agreement.
d.If in the discretion of both the City’s Finance Department and the Community
Development Department, there is deemed to be an inadequate balance in the deposit account
to pay for all fees and costs incurred by the City, the City will notify the Applicant for the need
for an additional deposit. The total of the additional deposit shall be calculated by City staff
based on the amount of work yet to be completed in the review of the application. Applicant
agrees to make the additional deposit within (10) days of a receipt of such notice. For purposes
hereof, receipt of notice shall be deemed made upon the depositing of the notice in the U.S.
Mail, postage paid. In the event, the Applicant fails to make the additional deposit with (10)
days of receipt of the notice, the City will terminate its review process and not re-commence
until the appropriate deposit is made and posted by the City’s Finance Department.
e.No applications will be processed or forwarded to the appropriate governing reviewing
body by the City until all amounts due under this Agreement have been paid in full.
5.Positive Balance in Escrow Accounts. Upon the happening of any of the following events, the
balance in the deposit account less outstanding fees shall be paid to the Applicant within (90)
days of receipt by the City of a written request by the Applicant for payment: (1) completion of
the development process; or (2) the application is withdrawn by the Application; (3) the
applicant is denied by the City for any reason.
6.Deposit Amounts. The initial deposit amount contemplated for each the purposes described
under the Agreement, which may be revised by the City from time to time, are set forth for
Exhibit “B” attached hereto.
7.Accounting. If there has been activity in the account, the City will provide a monthly
accounting of all expenses charged against the account or when requested by the Applicant. An
accounting will also be provided when the City notices the need for an additional escrow
deposit.
8.Terms of Breach. In the event of any terms of this Agreement are breached by the
Applicant, including, but not limited to failure to make additional deposits when required by the
City, the City may cease processing any application submitted by the Applicant or order the
Applicant to cease any further development or progress under the terms of this Agreement, or
both. Applicant indemnifies and holds the City harmless from any liability, claim, action or suit
by or any obligation to the Applicant arising from or in connection with the City exercising or
enforcing the terms and conditions of this Agreement or action on the Application. The
Applicant shall pay all costs and expenses, including reasonable attorney fees and suit costs,
incurred by the City arising from or in connection with the City any terms and conditions of this
Agreement.
9.Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the
remaining portion of this Agreement.
10.Binding Agreement. The parties mutually recognize and agree that all terms and conditions of
this Agreement shall run with the land herein described and shall be binding upon the heirs,
successors, administrators and assigns of the parties referenced in this Agreement.
11.Amendments. The terms of this Agreement shall not be amended without the written consent
of the City and all parties hereto.
[ Signature Page Follows ]
CITY OF LAKE ELMO
_______________________________
By: Kristina Handt
Its: City Administrator
_________________________________
Attest: Julie Johnson, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 201 , before me a Notary Public within and for said
County, personally appeared ______________________ and _________________________ to me
personally known, to be the person described in and who executed the foregoing instrument and
acknowledged that he / she/ they executed that same as his / her / their free act and deed.
________________________
Notary Public
Lake Elmo City Hall
651-747-3900
3800 Laverne Avenue North
Lake Elmo, MN 55042
Revised 3/13/2014 9:11 AM
ACKNOWLEDGEMENT OF RESPONSIBILITY
This is to certify that I am making application for the described action by the City and that I am responsible
for complying with all City requirements with regard to this request. This application should be processed in
my name and I am the party whom the City should contact regarding any matter pertaining to this application.
I have read and understand the instructions supplied for processing this application. The documents and/or
information I have submitted are true and correct to the best of my knowledge. I will keep myself informed
of the deadlines for submission of material and of the progress of this application.
I understand that this application may be reviewed by City staff and consultants. I further understand that
additional information, including, but not limited to, traffic analysis and expert testimony may be required for
review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that
the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to
be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal
expenses and other consultant expenses.
I agree to allow access by City personnel to the property for purposes of review of my application.
Signature of applicant__________________________________Date______________________________
Name of applicant____________________________________Phone_____________________________
(Please Print)
Name and address of Contact (if other than applicant)__________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
September 24, 2021
Melissa Duce 651-261-8273
FINAL PLAT APPLICATION REQUIREMENTS1
All Subdivisions of Land creating four (4) or more lots
This handout is intended to provide guidance on putting together and submitting a Final Plat
application for the subdivision of property in Lake Elmo. The purpose of the Final Plat is to
incorporate all conditions placed on the Preliminary Plat application into the final plans, and to
finalize all documentation for legal recording at the County. This steps completes the
subdivision process.
In order to have your Final Plat application be complete and reviewed in a timely fashion, there
are a number of steps that must be followed:
1.Pre-submittal Meeting: Contact City Staff to discuss the status of any outstanding
Preliminary Plat conditions, to discuss the requirements for Final Plat application submittal
and obtain another land use application.
2.Final Plat Submittal: Prepare an informational packet (described herein) that fulfills the
Final Plat submittal requirements. Providing a detailed and thorough application packet will
greatly reduce the overall review time. Submit your completed packet to Staff to initiate
review.
3.Completeness Review: Staff will examine your submittal to determine if the application is
complete, and contact you if additional information is required or was omitted. It is to your
advantage to submit your materials as early as possible so Staff can assist you in meeting all
requirements. Applications found to be incomplete will be returned to the applicant.2
4.Final Plat Review/Processing: Staff will process completed applications. This process
typically requires at least one applicant revision and resubmittal of plans to work through
review comments. The process may also include additional applicant meetings, requesting
review comments from partnering agencies, and writing reports.
5.City Council Meeting: Once the plans are revised to fully meet the Zoning and Subdivision
Ordinance and Engineering Design Standards as outlined by Staff, planning and engineering
reports are prepared and the item is scheduled for the next available City Council meeting (1st
or 3rd Tuesday of the month3). If the proposed final plat has significant changes from the
approved preliminary plat, the City requires the Planning Commission to make a
recommendation about the proposal before the City Council considers the final plat.
1 The information provided in this document is intended to be a correct statement of the law as set forth in
the Lake Elmo City Code and the laws of the State of Minnesota. However, the applicant should refer
to the actual sources and consult with their own legal advisor regarding applicability to their
application. In providing this information, the City makes no representations nor provides any legal
advice or opinion.
2 Minnesota State Statute 15.99 requires local governments to review an application within 15 business
days of its submission to determine if an application is complete and/or if additional information is
needed to adequately review the subject request.
3 Staff will determine when applications are reviewed based on the time needed to review the application
and the number of items already scheduled on future agendas. Please note that meeting dates are ange
due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times.
Final Plat Application Handout City of Lake Elmo
2
6.Revisions: If needed, the applicant revises the Final Plat to address City staff
recommendation(s) and any outstanding review comments before City Council consideration.
7.City Council Meeting: Once the plans are finalized and ready for the City Council’s
consideration, staff reports are prepared and the Final Plat is placed on the next available City
Council meeting agenda (1st or 3rd Tuesday of the month3). Applicants are advised to attend
both the Planning Commission and City Council meetings and be open to questions regarding
the request.
8.Decision: The City Council will review the request and either grant or deny the Final Plat.
9.Title Work: If the Final Plat application is approved by the City Council, all title work must
be reviewed and approved by the City Attorney before the plat is recorded by the County.
The applicant shall provide evidence in a form satisfactory to the City Attorney that he/she
has fee interest in the subject property.
Above all else, it is imperative that an applicant begin preparations as early as possible and to
ensure that a complete application is submitted. Review by the Planning Commission will not
occur until at least three weeks have passed from when the City has deemed the application
complete.
Final Plat Fees: The City Council has established a non-refundable fee4 for processing Final
Plat applications. Please see the current fee schedule on our website. In addition, the City
requires that the applicant enter into an Escrow Agreement with the City and post an $8,000
escrow to reimburse the City for all technical planning, engineering, public works and legal
review.
You will find that a great deal of the information requested for a Final Plat application matches
the requirements for Preliminary Plat application submittal. While we have your original
applications, the City does require that all applicants submit a new and complete application at
every stage of the development process (updating information as needed). This allows us to track
changes as the application progresses through the various levels of review. With this in mind,
the following materials must be submitted prior to deeming an application complete:
Sub: Req: Item:
1.A completed land use application form signed by all property owners along
with payment of the proper filing fee, escrow and escrow agreement.
4 Applicant is also responsible for any additional fees incurred by the City (i.e. engineering, planning,
postage, legal expenses, et cetera).
Final Plat Application Handout City of Lake Elmo
3
2.Written statements providing information regarding your proposal. Please
provide a separate answer for each of the lettered items listed below (answers
must be submitted in both hard copy and electronic form-- MS Word format or
PDF):
a.A listing of contact information including name(s), address(es) and
phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates.
b.A listing of the following site data: Address, current zoning, parcel size
in acres and square feet, property identification number(s) (PID), and
current legal description(s).
c.Final Subdivision and Lot Information:
i.The name of the Final Plat.
ii.A table listing the lot and block number, size of lot, width of lot,
and depth of lot.
iii.Final exact area calculations of parks, trails, and any other
dedicated public open space; and estimated values of all dedicated
land and improvements (trails, park equipment, sports fields, etc.).
iv.Final exact area calculations of wetlands and buffers.
v.Final proposed area calculations for all dedicated right-of-ways.
vi.Proposed legal descriptions for: all lots, easements to be created (if
not being dedicated on the plat), and easements to be vacated (if
any).
d.An explanation of how issues have been addressed since the Preliminary
Plat phase of the development.
e.A statement showing the final density of the project with the method of
calculating said density shown.
f.Discuss proposed infrastructure improvements and phasing thereof (i.e.
proposed roadways, sewer systems, water systems, sidewalks/trails,
parking, etc) necessary to serve the subdivision.
g.If applicable, a narrative addressing how concerns/issues raised by
neighboring properties have been addressed (discussing your proposal
with the neighboring land owners is recommended to get a sense of
what issues may arise as your application is processed).
h.If applicable, a description of how conflicts with nearby land uses
(livability, value, potential future development, etc.) and/or disturbances
to wetlands or natural areas are being avoided or mitigated.
i.Provide justification that the proposal will not place an excessive burden
on roads (traffic), sewage, water supply, parks, schools, fire, police, or
other public facilities/services (including traffic flows) in the area.
Final Plat Application Handout City of Lake Elmo
4
Written statements continued:
j.If applicable, provide a description of proposed lakeshore access (i.e.
shared dock with multiple slips, individual docks for each lot, etc.).
k.A description of proposed parks and/or open space, including a brief
statement of the overall land dedication of fees to be paid in lieu of land
dedication that meets the public land dedication requirements of the
Subdivision Ordinance.
l.A proposed development schedule indicating the approximate date when
construction of the project, or stages of the same, can be expected to
begin and be completed (including the proposed phasing of construction
of public improvements and recreational and common space areas).
3.Plat & Associated Plans: Ten (10) packets of reduced size (11x17) and five
(5) packets of full plan size (24x36) containing each of the following required
pieces of information depicting the proposed subdivision. Each document shall
be at a consistent, readable, and measurable engineering scale, include a title
and a page number (Sheet 1 of 5+, Sheet 2 of 5+, et cetera), ).Staff will assist
you in determining what is required. The plan sets will not be considered
complete unless all required elements are included. Additionally, each of the
packet items must be submitted in an electronic format (.jpg, .pdf, etc.) for use
in presentations.
The following pages outline the information that is required to deem your
application complete.
Please refer to the City’s Engineering Design and Construction Standards
Manual to ensure compliance prior to submitting plans.
Final Plat Application Handout City of Lake Elmo
5
Final Plat:
Sub: Required: Item:
1.Administrative Information:
Appropriate identification of the drawing (i.e. final plat, grading
plan, etc).
Name of the subdivision, which shall not duplicate or too closely
approximate the name of any existing platted subdivision in
Washington County. Proposed names must be verified by the
Washington County Recorder.
Signature of surveyor, engineer, landscape architect, and all
other professionals certifying the documents.
Date of plan preparation with revision date(s) (if any).
Graphic scale and true north arrow(engineering scale only, not
less than one (1) inch equals one hundred (100) feet.
A complete Legend depicting all line types and symbols used
within the plans.
2.General Property Information:
Address(es) and PID(s) for the subject property.
Existing legal description(s) for the subject property.
Existing parcel boundaries shown with survey measurement data
matching the existing legal description of the parcel of land to be
platted.
Date of survey.
Name, address, and phone number of landowner (and subdivider
if not the same)
Name, address, and phone number of engineer, surveyor,
landscape architect, or land planner preparing the plat (include
registration #’s)
3.Indication of the gross area being subdivided and the proposed
number of lots shown in square feet and acres.
4.Existing site improvements within the parcel of land to be platted and
for a distance of 150 feet outside of the parcel boundaries.
5.Zoning district(s) of the land being subdivided (if more than one
zoning district, zoning boundary lines must be shown) and proposed
future zoning for the subdivided land.
Final Plat Application Handout City of Lake Elmo
6
6.Layout of proposed lots with future lot and block numbers. The
boundary lines of the subdivision should be clearly distinguishable
from other property lines. Denote outlots planned for public
dedication and/or open space (schools, parks, trails, stormwater
ponds, etc.).
7.Layout of existing property lines if (different from proposed lot
lines). Existing lot lines should be easily distinguishable from the
proposed lot lines and not be a prominent feature on the plat.
8.Denote the area within each of the proposed parcels (in the
appropriate units of acres and/or square feet)
9.Existing contours at intervals of two feet. Contours must extend a
minimum of 150 feet beyond the boundary of the parcel(s) in
question.
10.Delineation of wetlands and/or watercourses on the plat and within
150 feet of the perimeter of the subdivision parcel. The ordinary high
water elevation and the 100 year flood elevation shall be shown for
all existing water bodies.
11.Location, width, and names of existing and proposed streets within
and immediately adjacent to the subdivision parcel, showing
pavement type and width.
12.All easements of record within or adjacent to the plat.
13.Lines establishing the buildable area on each lot (setbacks)
14.Boundary lines of adjoining parcels within three hundred fifty (350)
feet beyond the plat. Individual parcels shall be identified by name
and ownership including all contiguous land owned or controlled by
the subdivider.
15.Location and dimensions of existing buildings or significant above
ground structures on or within one hundred and fifty (150) feet of the
outer plat boundary.
16.Location of any unique natural and/or historic features (if any)
Final Grading, Drainage& Erosion Control Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final grading,
drainage and erosion control plan.”
2.Administrative information as required for the Final Plat.
Final Plat Application Handout City of Lake Elmo
7
3.Final Grading Plan: The developer shall submit a final grading,
drainage and erosion control plan utilizing a copy of the current
certificate of survey as a base for the site in question, prepared and
signed by a Minnesota licensed engineer, depicting the following
information:
4.North arrow and date of preparation.
5.Graphic Scale (engineering scale only, not less than one (1) inch
equals fifth (50) feet).
6. For each lot, provide lot and block numbers, easement locations,
building pad location, building type and proposed building first
floor elevation, low floor elevation and elevation at garage slab.
7.Stormwater Management Plan, with a narrative, including the
configuration of drainage areas and calculations that meet the
requirements of the City Code and City Engineering Stormwater
Management Requirements and/or applicable Watershed
Standards.
8.Location of all natural features on the tract. Natural features are
considered to include, but are not limited to the following: tree
lines, wetlands, ponds, lakes, streams, drainage channels, bluffs,
steep slopes, etc.
9.All delineated Wetlands and watercourse buffers per the City and
Watershed standards; and wetland replacement plan, if needed.
10.Location of all existing storm sewer facilities, including pipes,
manholes, catch basins, ponds, swales, and drainage channels
within one hundred fifty (150) feet of the tract. Existing pipe
type, grades, rim and invert elevations and normal and high water
elevations must be included.
11.Normal water level (NWL) and 100-year high water level (100-
year HWL) for all water bodies, existing and proposed.
12.Spot elevations at drainage break points and emergency
overflows (in BOLD) with directional arrows indicating site,
swale and lot drainage.
13.Retaining Walls (wall heights and elevations).
14.Locations, grades, rim and invert elevations of all storm sewer
facilities, including ponds and BMP’s proposed to serve the tract.
15.Locations and elevations of all street high and low points.
16.Street grades shown.
17.Provide phasing plan for site grading.
Final Plat Application Handout City of Lake Elmo
8
18.All soil erosion and sediment control measures to be incorporated
during and after construction must be shown. Locations and
standard detail plates for each measure must be included on the
plan using Lake Elmo city standard details. Plan must meet the
requirements of MPCA General Permit Construction Activity.
19. All revegetation measures proposed for the tract, including seed
and mulch types and application rates must be included on the
plan.
20. Existing contours at two (2) foot intervals shown as dashed lines
(may be prepared by a Minnesota licensed surveyor). Existing
contours shall extend one hundred fifty (150) feet outside of the
tract.
21. Proposed grade elevations at two (2) foot intervals shown as solid
lines.
22.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Utility Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final utility plan.”
2.Administrative information as required for the Final Plat.
3.Final Utility Plan, prepared and signed by a Minnesota licensed
engineer, depicting the following information:
4. Easements: Location, dimension and purpose of all utility
easements.
5. Underground and Overhead Facilities: Location and size of
existing utilities including sewers, water mains, culverts, gas,
electric, phone, cable, fiberoptic, utility poles or other underground
facilities within the tract and to a distance of one hundred fifty
(150) feet beyond the tract. Such data as grades, invert elevations,
and location of catch basins, manholes and hydrants shall also be
shown.
6. Proposed utility plans including sanitary sewer, watermain, and
storm sewer, all in accordance with the current City of Lake Elmo
engineering design standards manual.
Final Plat Application Handout City of Lake Elmo
9
7. Water Supply, Public: Water mains shall be provided to serve the
subdivision by extension of an existing community system
wherever feasible. Service connections shall be stubbed to the
property line. Extensions of the public water supply system shall
be designed so as to provide public water in accordance with the
engineering design standards as approved by the City Engineer and
in accordance with the City’s Comprehensive Water Plan. The
Final Utility Plan shall indicate the location of all hydrants and
valves.
8.Water Supply, Private: In areas where public water supply is not
available, individual wells shall be provided on each lot, properly
placed in relationship to the individual sewage disposal facilities.
Well plans must comply with the State Well Code, as may be
amended, and be submitted for the approval of the City Engineer.
9.Sewage Disposal, Public: Sanitary sewer laterals and service
connections shall be installed in accordance with the design
standards of the City as approved by the City Engineer. The Final
Utility Plan shall provide the locations, grades, rim and invert
elevations, and sizes of all proposed sanitary sewer facilities to
serve the tract. Demonstration of two separate and distinct land
area of at least 10,000 square feet suitable for septic drainfields is
required.
10.Sewage Disposal, Private: All individual sewage treatment
systems shall be installed in accordance with all applicable State,
County, and City requirements.
11.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Street & Storm Sewer Plan:
Sub: Required: Item:
1.Appropriate identification of the drawing as a “final street & storm
sewer plan.”
2.Administrative information as required for the preliminary plat.
3.Final Street and Storm Sewer Plan, prepared and signed by a
Minnesota licensed engineer, depicting the following information:
4.Layout of proposed streets showing the proposed lot lines, right-
of-way widths, and proposed names of streets in conformance with
the County Uniform Street Naming and Addressing System.
5.Locations and widths of proposed streets, alleys and pedestrian-
ways.
Final Plat Application Handout City of Lake Elmo
10
6.Location, dimensions and purpose of all easements.
7.Annotation of street geometrics for all horizontal curves, tangent
lengths and corner radii.
8. Centerline profile and gradients for all streets, with vertical
geometrics annotated on the plan profiles.
9.Typical cross section of proposed street improvements.
10.Minimum front and side street building setback lines.
11.When lots are located on a curve, the width of the lot at the
building setback line.
12.Location and number of off-street parking spaces (guest,
handicapped, bicycle, motorcycle, etc.) including typical
dimensions of each. Note: not required for single family
residential developments.
13.Other information as required and outlined in the City Plan Sheet
Format Requirements.
Final Tree Preservation Plan5:
Sub: Required: Item:
1.Appropriate identification of the drawing(s) as the “final tree
preservation plan.”
2.Administrative information as required for the Final Plat.
3.Final Tree Preservation Plan, prepared and signed by a Minnesota
licensed forrestor or landscape architect, depicting the following
information:
4. Tree inventory and survey, including a total listing of all healthy
significant trees, all healthy significant trees to be removed and all
healthy significant trees to remain. Information should be
presented in both graphic (at a scale not less than one (1) inch
equals one hundred (100) feet) and tabular form (charts listing
significant trees by field tag number).
5. General description of the trees on the site not meeting the
significant size threshold.
6. Locations of proposed buildings, structure, or impervious surfaces.
7. Delineation of all areas to be graded and limits of land disturbance.
5 All tree preservation plans shall be certified by a forester or landscape architect.
Final Plat Application Handout City of Lake Elmo
11
8.Identification of all significant trees to be removed in the
construction area, presented in both graphic and tabular form.
9.Measures to protect the significant trees that are to remain.
10.Size, species, number and location of all replacement trees proposed
to be planted on the property in accordance with the Mitigation Plan,
if necessary, presented in both graphic (at a scale not less than one
(1) inch equals one hundred (100) feet) and tabular form.
Final Landscaping Plan6:
Sub: Required: Item:
1.Appropriate identification of the drawing(s) as the “final landscaping
plan.”
2.Administrative information as required for the Final Plat.
3.The proposed location, size, quantity, and species of all existing and
proposed plant materials as required in §154.258. Information should
also be provided in tabular form.
4.Methods for protecting existing trees and other landscape material,
consistent with §154.257.
5.Proposed structural and ground cover materials.
6.Proposed provisions for irrigation and other water supplies. Irrigation
plan must comply with the City Standard Specifications Standards.
7.If required, proposed screening showing details and typical cross-
sections.
Ghost Plat (Note: Ghost Plat may be required dependent on potential future land uses of adjacent
property as guided by the City’s Comprehensive Plan):
Sub: Required: Item:
1.Appropriate identification of the drawing as a “ghost plat.”
2.Administrative information as required for the Final Plat.
3.Show potential future subdivision possibilities for the land if your
proposal was approved (i.e. if you are not subdividing to the
maximum density, how might the land be further divided in the
future to reach the maximum density).
4.Indicate how the proposed subdivision will relate to potential future
subdivisions of adjacent properties (you may need to ghost plat
development on adjacent properties to establish this relation).
6 All landscape plans shall be certified by a landscape architect.
Final Plat Application Handout City of Lake Elmo
12
Electronic files
Sub: Required: Item:
1.A flash drive must be submitted which includes electronic files for
the written statements regarding the proposal, the plat and all
associated plans. Staff can generally work with most file formats
(.jpg or .pdf files are preferred). An electronic drop-box to access all
project files and plans also are acceptable.
Sub: Req: Item:
4.Supplemental Information. Depending upon the submittal, the following items
may also be required:
Feasibility report(s) for proposed individual on-site sewer and water systems.
Such reports will be required with any future plat;
Proposed protective covenants;
Ten (10) copies of a context diagram that graphically depicts how the
development plan relates to its surrounding neighborhood or community context
including the pedestrian, bike, and street (vehicular access) network (existing
and potential);
A Traffic Impact Study (TIS) (6 copies) prepared in accordance with State,
County and/or City Engineering guidelines;
A soil survey and report; Include a report indicating results of deep soil tests and
percolation tests at the rate of no fewer than 2 successful test results for reach
proposed septic disposal area (4) tests per lot.;
Signed letters of intent indicating that all required off-site easements and off-site
rights-of-way necessary for the project could be negotiated and obtained;
A hydrological/groundwater report;
Any other special natural area or environmental study or report pursuant to Lake
Elmo Code as requested by the City, if such exists or is deemed necessary;
Any other information required by Staff, Commissioners, or Council Members
necessary to provide a complete review of the preliminary plat and associated
plans7. Additional items include:
7 Number of copies, size, and other such administrative details may also be imposed when requiring
additional information.
Final Plat Application Handout City of Lake Elmo
13
Sub: Req: Item:
5.Variances: If you are requesting variances in any portion of the submitted Final
Plat, the City asks that you list each of the requested variances and provide an
explanation as to why each is necessary and cannot be avoided. Additionally,
you must provide written answers to the following questions:
(1)Identify the unusual hardship on the land that necessitates the variance
request; and
(2)Explain the nature of the proposed use of land and the existing use of
land in the vicinity of the property; and
(3)Estimate the number of persons to reside or work in the proposed
subdivision; and
(4)Indicate the anticipated effect of the proposed subdivision upon traffic
conditions in the vicinity.
Sub: Req: Item:
6.Additional Applications: If your request involves a rezoning or a vacation
request, additional applications and materials will be required.
Zoning Map Amendment Application
Vacation Application
Upon City Council approval of Final Plat, and before any construction commencing, a pre-
construction meeting must occur for both grading and street utility construction. These meetings
may be combined into one meeting provided all items on both check lists are completed. Pre-
construction meetings may not occur before the City Council approves the Final Plat and
Development Agreement.
Checklist for Pre-Construction Conference for Grading
1. Payment of Development Fees
2. Issuance of securities on City of Lake Elmo approved form
3. Copy of Certificate of Insurance for both Developer and General
Contractor identifying City of Lake Elmo as additional insured on City
of Lake Elmo approved form
4. Copy of NPDES card
5. Grading specifications
6. Proposed construction schedule
Final Plat Application Handout City of Lake Elmo
14
7. List of subcontractors and contacts
8. List of materials and suppliers
Prior to grading operations commencing, contractor shall install all perimeter erosion control and
other required erosion control best management practices and have the site inspected and
approved by the City of Lake Elmo’s Field Inspector or Observer.
Checklist for Pre-Construction Conference for Streets and Utilities
1. Payment of Development Fees
2. Issuance of securities on City of Lake Elmo approved form
3. Copy of Certificate of Insurance for both Developer and General
Contractor identifying City of Lake Elmo as additional insured on City
of Lake Elmo approved form
4. Approved construction plans and specifications. (Note: these may not
be the same as the approved Final Plat Street and Utility Plans.
Questions about construction plans and specifications should be
directed to the City Engineer)
5. Minnesota Department of Health Watermain Permit
6. Minnesota Pollution Control Agency Sanitary Sewer Extension Permit
7. Proposed construction schedule
8. List of subcontractors and contacts
9. List of materials and suppliers
State Statutes provide City staff with fifteen (15) business days to review an application to
determine if it is complete. Applications found to be incomplete will be returned to the applicant.
Please contact staff at (651) 747-3900 if you have any questions.
Thank you!
This handout last updated on 1/15/2020
October 12, 2021
City of Lake Elmo
Attention: Corrin Bemis, Interim City Planner
3880 Laverne Avenue North, Suite 100
Lake Elmo, MN 55042
RE: Narrative – Royal Golf Club 4th Addition Final Outlot Plat
Dear Corrin:
U.S. Home Corporation, dba Lennar, is pleased to submit this Final Outlot Plat for Royal Golf Club 4th
Addition. Lennar is under contract to purchase the 4th phase of the Royal Golf Club from H.C. Golf Land,
LLC and will develop a villa and single family product to complement the existing homes found in the area.
This Final Outlot Plat will be utilized for conveyance purposes and will assist in facilitation of the
transaction.
The Final Outlot Plat consists of two (2) existing outlots located at the SEC of 20th Street North and Lake
Elmo Avenue North:
PID# 25-029-21-22-0002 (70.68 acres / 3,078,809 sf)
Outlot C The Royal Golf Club at Lake Elmo 3rd Addition, Washington County, Minnesota
Currently zoned GCC – Golf Course Community
And
PID# 25-029-21-12-0005 (17.22 acres / 750,230 sf)
Outlot B The Royal Golf Club at Lake Elmo, Washington County, Minnesota
Currently zoned GCC – Golf Course Community
The Final Outlot Plat will create five (5) new outlots.
Outlot A (0.9 acres / 39,076 sf)
Outlot B (61.53 acres / 2,680,384 sf)
Outlot C (7.59 acres / 330,779 sf)
Outlot D (1.86 acres / 80,884 sf)
Outlot E (16.02 acres / 697,916sf)
The gross area being subdivided into five (5) outlots on this Final Outlot Plat is 87.9 acres (3,829,039 sf).
The enclosed Area Map details the layout of proposed outlots including boundary lines and area(s) within
each of the proposed outlots.
The Final Outlot Plat will be named The Royal Golf Club at Lake Elmo 4th Addition Washington County
Minnesota, to remain consistent with previous phases of The Royal Golf Club at Lake Elmo. As this Final
Outlot Plat is only for conveyance purposes: there is currently no table available for homesites, there is
not final exact area calculations or parks, trails, or dedicated public open space nor any values associated
with dedicated land and improvements. Final exact area calculations of wetland and buffers is not
available, final proposed area calculations for all dedicated right-of-ways is not available, proposed legal
descriptions for all lots, easements to be created or vacated are also not available. A final plat for the
newly created Outlot B will be submitted at a later date which will include the future homesites, right-of-
ways and all associated information. As mentioned above, Lennar will be purchasing Outlot B and H.C.
Golf Land, LLC will retain the newly created Outlots A, C, D and E.
Final density of the 4th and final phase of The Royal Golf Club at Lake Elmo will be calculated with the final
plat of the newly created Outlot B. Associated infrastructure, improvements and wetland or natural area
disturbances will be included in the same final plat of the newly created Outlot B. This Final Outlot Plat
will not place excessive burdens on roads or facilities/services as it is only creating outlots consistent with
the Preliminary Plat approved on June 6, 2017. Land dedication fees will be calculated in accordance with
underlying PUD requirements at the time the final plat of the newly created Outlot B is proposed and is
not applicable to this Final Outlot Plat.
Please contact me with any questions and/or concerns.
Thank you,
Melissa Duce
Land Entitlement Manager
Lennar Minnesota
ENGINEERINGSURVEYINGENVIRONMENTALTHE ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITION
ENGINEERINGSURVEYINGENVIRONMENTALTHE ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITIONVICINITY MAPMATCH LINE A(SEE SHEET 3 OF 3 SHEETS)
ENGINEERINGSURVEYINGENVIRONMENTALTHE ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITIONMATCH LINE A(SEE SHEET 2 OF 3 SHEETS) VICINITY MAPDETAIL ASEE DETAIL A(FOR EASEMENT DIMENSIONS)
THE GOLF CLUB AT LAKE ELMO 4TH ADDITIONENGINEERINGSURVEYINGENVIRONMENTALarea map
LA515-104-758163.v4
Offices in
Minneapolis
Saint Paul
St. Cloud
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
SARAH J. SONSALLA
Attorney at Law
Direct Dial: (612) 337-9284
Email: ssonsalla@kennedy-graven.com
November 22, 2021
Ms. Molly Just VIA E-MAIL ONLY
Planning Director
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
RE: Plat Opinion for THE ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITION
Dear Molly:
At your request, I have reviewed the title commitment issued by Stewart Title Company, as
agent for Stewart Title Guaranty Company, with an effective date of September 16, 2021, (the
“Commitment”). I have also reviewed the final plat drawing prepared by Thomas R. Balluff, of
Carlson McCain, Inc., which is titled THE ROYAL GOLF CLUB AT LAKE ELMO 4TH
ADDITION (the “Plat”):
The Commitments purport to cover the following described property:
Parcel 1:
Outlot B - The Royal Golf Club at Lake Elmo
Parcel 2:
Outlot C - The Royal Golf Club at Lake Elmo 3rd Addition
All in Washington County, Minnesota
Abstract Property
(the “Property”).
Based on my review of the Commitment and the Plat, I have the following comments regarding
the Plat.
1. Plat Execution. The Plat must be executed with all the formalities of a deed of title. The
names and signatures of all of the following parties must appear on the Plat in black ink
(not ballpoint):
Ms. Molly Just
November 22, 2021
Page 2
LA515-104-758163.v4
a. The fee owner, as shown on the Commitment: H.C. Golf Land, LLC, a Minnesota
limited liability company (as to Parcel 1); and Royal Development, Inc., a Minnesota
corporation (as to Parcel 2). The Plat is set up to be signed by Joel T. LeVahn, Chief
Financial Officer, H.C. Golf Land, LLC, a Minnesota limited liability company. The
Commitment does not show a conveyance requirement at Schedule B-I; that said, an
additional signature/notary block must be added to the Plat to accommodate fee
owner, Royal Development, Inc. Also, the legal description on the Plat will need to
be separated into two parts, so that each fee owner may sign beneath their respective
parcels. However, if Royal Development, Inc. conveys its interest in Parcel 2 (Outlot
C, The Royal Golf Club at Lake Elmo 3rd Addition) to H.C. Golf Land, LLC, the legal
description may remain intact. I require review of such a conveyance document.
The Plat must be executed with all the formalities of a deed of title. I require a
certificate of good standing from the Minnesota Secretary of State and evidence that
H.C. Golf Land, LLC, a Minnesota limited liability company, and Royal
Development, Inc., a Minnesota corporation, are authorized to convey the
easements dedicated in the Plat, and that the signatories for each company are
authorized to execute the Plat on behalf of said company.
b. The mortgagee, as indicated on the Commitment: Northeast Bank. In lieu of signing
the Plat, a consent to Plat may be signed by the mortgagee or a satisfaction or
release of mortgage may be provided. I require review of this instrument.
2. Taxes and Special Assessments. The County Auditor will require that all taxes and
assessments due on the Property be paid in full before approving the Plat for recording.
The following tax and assessment information is provided in the Commitment:
Tax I.D. No.: 25.029.21.12.0005.
Taxes for the year 2021 are $2,760.00 and are paid.
Base tax: $2,760.00.
Non-Homestead.
There are no delinquent taxes of record.
Tax I.D. No.: 25.029.21.22.0001.
Taxes for the year 2021 are $25,022.00 and are paid.
Base tax: $25,022.00.
Non-Homestead.
There are no delinquent taxes of record.
Tax I.D. No.: 25.029.21.31.0041.
Taxes for the year 2021 are $5,358.00 and are paid.
Base tax: $5,358.00.
Non-Homestead.
There are no delinquent taxes of record.
Ms. Molly Just
November 22, 2021
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LA515-104-758163.v4
The Commitment does not indicate any levied or pending special assessments. Special
assessment searches must be completed, and I must be provided with the results of those
searches. Additionally, 2021 taxes must be updated for Tax I.D. No. 25-029-21-12-0005.
3. Title Commitment Exceptions. Based on the information in the Commitment, the Plat
is subject to the following:
a. Terms and conditions of Easement Grant dated March 30, 1956, filed April 11, 1956,
in Book 199 of Deeds, page 508-509, as Document No. 185072, in favor of Northern
Natural Gas Company, a Delaware corporation.
As amended by Modification and Amendment of Easement Grant dated February 24,
2016, filed March 17, 2016, as Document No. 4060634.
This easement is initially granted by Harry and Adelaide McNeely (and further by
Tartan Park, LLC via modification), for the construction and maintenance of
pipelines and appurtenances along, with the right of ingress/egress, over and through
the West Half of the Northeast Quarter, Section 25, Township 29, Range 21; as such,
it appears to overlap with the Plat and is marked therein with a reference number
(4060634). The City should review the easement in order to ensure that it does not
interfere with any public improvements.
b. Terms and conditions of Surface Water Drainage Easement dated February 6, 1990,
filed February 21, 1990, as Document No. 623371, in favor of Valley Branch
Watershed District, a Minnesota Municipal Corporation. Lake Elmo Foundation,
Inc. grants a perpetual easement to the Valley Branch Watershed District for the
installation and maintenance of storm sewers and other surface drainage
improvements over parts of lands contained within Section 25, Township 29 North,
Range 21 West and Section 30, Township 29 North, Range 20 West. This easement
overlaps with the Plat and is marked thereon with a reference number. The City
should review the easement in order to ensure that it does not interfere with any
public improvements.
c. Terms and conditions of Storm Water Quality Treatment Facility Maintenance
Agreement between H.C. Golf Course Development, LLC and the Valley Branch
Watershed District dated June 9, 2016, filed July 12, 2016, as Document No.
4074234.
Amended Storm Water Quality Treatment Facility Maintenance Agreement, as to the
above, dated July 13, 2017, filed July 28, 2017, as Document No. 4121597.
As amended by Partial Release of Storm Water Quality Treatment Facility
Maintenance Agreement, as to the above, dated March 28, 2019, filed May 8, 2019,
as Document No. 4192257.
Ms. Molly Just
November 22, 2021
Page 4
LA515-104-758163.v4
As amended by Second Partial Release of Storm Water Quality Treatment Facility
Maintenance Agreement, as to the above, dated July 13, 2017, filed September 15,
2021, as Document No. 4333580.
This maintenance agreement with the Valley Branch Watershed District sets up
certain conditions for the construction of storm water treatment facilities located
within parts of Section 25, Township 29 North, Range 21 West, part of which appears
to reside within the Northwest Quarter, the City should review this agreement and
determine its impact on the current phase of the development.
d. Terms and conditions of Site Grading Agreement between the City of Lake Elmo and
H.C. Golf Land, LLC dated June 1, 2017, filed June 28, 2017, as Document No.
4117554.
Amendment to Site Grading Agreement, as to the above, dated October 17, 2017,
filed November 9, 2017, as Document No. 4134802.
Partial Release of Site Grading Agreement, as to the above, dated April 30, 2019,
filed May 8, 2019, as Document No. 4192258.
This agreement, amendment, and partial release pertain to the site development of
The Royal Golf Club at Lake Elmo situated in various parts of Section 25, Township
29 North, Range 21 West, and appear to overlap with the Plat. The City should
review this agreement with the developer and determine if the conditions have been
met and whether an amendment is required for the current phase of the development.
e. Terms and conditions of City of Lake Elmo Site Improvement Agreement between
the City of Lake Elmo and H.C. Golf Land, LLC, dated August 15, 2017, filed
August 25, 2017, as Document No. 4125499. This agreement pertains to the site
development of The Royal Golf Club at Lake Elmo situated in various parts of Section
25, Township 29 North, Range 21 West, and appear to overlap with the Plat. The
City should review this agreement with the developer and determine if the conditions
have been met and whether an amendment is required for the current phase of the
development.
f. Terms and conditions of Development Agreement between the City of Lake Elmo
and Royal Development, Inc., dated September 19, 2017, filed September 29, 2017,
as Document No. 4129865.
Second Amendment to Development Agreement dated August 10, 2021, filed August
19, 2021, as Document No. 4330026.
This development agreement between the City and Royal Development, Inc. sets out
to regulate the construction of certain public and private improvements, drainage and
utility easements, storm water agreements, park dedication requirements, and phased
development. The amendment provides for cash donations from the developer to the
Ms. Molly Just
November 22, 2021
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LA515-104-758163.v4
City parks fund before permits may be issued. The City and the developer should
review this agreement to determine if all the conditions have been met, and whether
further amendments are required for the current phase of the development.
g. Terms and conditions of Master Declaration of Royal Golf Club Master Community
dated September 28, 2017, filed September 29, 2017, as Document No. 4129866.
First Amendment to the Master Declaration of Royal Golf Club Master Community
dated July 26, 2018, filed August 3, 2018, as Document No. 4163569
Second Amendment to the Master Declaration of Royal Golf Club Master
Community dated January 4, 2019, filed January 10, 2019, as Document No.
4181540.
Third Amendment to the Master Declaration of Royal Golf Club Master Community
dated August 18, 2021, filed August 19, 2021, as Document No. 4330028.
This master declaration (and its amendments) by Royal Development, Inc. sets out to
establish a general plan and uniform improvements scheme to develop residential lots
with single family dwellings, including provisions for the enforcement of covenants,
conditions, and restrictions. No further action is required.
h. Terms and conditions of Development Agreement between the City of Lake Elmo
and Royal Development, Inc. dated July 26, 2018, filed August 3, 2018, as Document
No. 4163573.
First Amendment to Development Agreement dated August 10, 2021, filed August
19, 2021, as Document No. 4330025.
This development agreement between the City and Royal Development, Inc. sets out
to regulate the construction of certain public and private improvements, drainage and
utility easements, storm water agreements, park dedication requirements, and phased
development. The amendment provides for cash donations from the developer to the
City parks fund before permits may be issued. The City and the developer should
review this agreement to determine if all the conditions have been met, and whether
further amendments are required for the current phase of the development.
i. Terms and conditions of Development Agreement between the City of Lake Elmo and
U.S. Home Corporation (Lennar) dated August 10, 2021, filed August 19, 2021, as
Document No. 4330024. This development agreement between the City and U.S.
Home Corporation (dba Lennar) sets out to regulate the construction of certain public
and private improvements, drainage and utility easements, storm water agreements,
park dedication requirements, and phased development. The agreement provides for
cash donations from the developer to the City parks fund before permits may be
issued. The City and the developer should review this agreement to determine if all
Ms. Molly Just
November 22, 2021
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LA515-104-758163.v4
the conditions have been met, and whether further amendments are required for the
current phase of the development.
j. Terms and conditions of Declaration of Covenants, Conditions, Restrictions and
Easements dated August 18, 2021, filed August 19, 2021, as Document No. 4330027.
This declaration by Royal Development, Inc. establishes provisions for adding future
development property to the master community. No further action is required.
k. The rights of the State of Minnesota and the Department of Natural Resources, if any,
in and to the wetlands as shown on the Plat of The Royal Golf Club at Lake Elmo and
The Royal Golf Club at Lake Elmo 3rd Addition. See number 5 below.
l. Drainage and utility easements as shown on the Plat of The Royal Golf Club at Lake
Elmo 4th Addition. Drainage and utility easements shown on the Plat have been
carried over from the plats of The Royal Golf Club at Lake Elmo and The Royal Golf
Club at Lake Elmo 3rd Addition.
4. Compliance with Minnesota Statutes Section 505.03. Minnesota law requires any
preliminary plat abutting upon an existing or proposed county road to be submitted to the
County Engineer for review in accordance with Minnesota Statutes Section 505.03,
subdivision 2. The Property abuts the existing County State Aid Highway No. 17 (aka
Lake Elmo Avenue North). As such, the Plat should be submitted, if it has not been
already, to the County Engineer for review and an opportunity to provide written
comments. Upon recording, the City will be required to also submit a certificate or other
evidence showing submission of the preliminary plat to the County Engineer.
5. Wetlands. The Plat includes wetlands and thus may be subject to additional restrictions
by the Minnesota Department of Natural Resources and other water management
agencies. Contained within Outlot C on the Plat is a notation delineating Minnesota
DNR protected waters (No. 82-417W). This area is currently not contained within a
drainage and utility easement. The City should determine whether a drainage and utility
easement is necessary.
6. Additional Comments on the Plat and Commitment.
a. The notification paragraph on the Plat needs to begin with “KNOW ALL PERSONS
BY THESE PRESENTS.” Presently, the Plat notification reads as “KNOW ALL BY
THESE PRESENTS.”
b. Drainage and utility easements shown around all of the lot lines within the Plat appear
to be those carried over from The Royal Golf Club at Lake Elmo 3rd Addition, and
there are no drainage and utility easements marked on new Outlot E of the Plat. The
City should review the Plat and determine if additional drainage and utility
easements are needed in these locations.
Ms. Molly Just
November 22, 2021
Page 7
LA515-104-758163.v4
This letter does not purport to set forth every matter relevant to a determination of whether title
to the Property is marketable, and no one should rely upon it for that purpose. The sole purpose
of this letter is to identify required signatories to the Plat and related issues of interest to the City
in connection with platting, as evidenced by the Commitment.
This opinion is subject to and conditioned upon the issuance of a title policy in favor of the City
of Lake Elmo, insuring the interests as they appear in the Plat, in an amount acceptable to the
City.
Please contact me if you have any questions regarding this information. Thank you.
Sincerely,
Sarah J. Sonsalla
Sarah J. Sonsalla
SJS:pat
1 Resolution 2021-135
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2021-135
A RESOLUTION APPROVING A FINAL PLAT FOR THE ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation d/b/a Lennar has submitted an application to the City of Lake Elmo (“City”) for a Final Plat for the Royal Golf Club at Lake Elmo Fourth
Addition, a copy of which is on file in the City of Lake Elmo Community Development
Department; and WHEREAS, the City approved the Crossroads East Preliminary Plat and Preliminary PUD Plan on June 6, 2017; and
WHEREAS, the proposed Royal Golf Club at Lake Elmo Fourth Addition Final Plat includes five outlots on 87.9 acres of land located at the southeast corner of Lake Elmo Avenue and 20th Street N; and
WHEREAS, the outlots will be used for conveyance purposes to facilitate the sale of the fourth phase of the Royal Golf Club from H.C. Golf Land, LLC to U.S. Home Corporation, d/b/a Lennar; and WHEREAS, future development of the outlots will require review and approval of a
Final PUD; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat subject to 4 conditions of approval on November 22, 2021; and
WHEREAS, the City Council reviewed the Royal Golf Club at Lake Elmo Fourth Addition Final Plat at its meeting held on December 7, 2021 and made the following findings of fact: 1) That all the requirements of City Code Section 103.00.100 – Final Major Subdivisions have
been met by the Applicant. 2) That the Royal Golf Club at Lake Elmo 4th Addition Final Plat complies with the City’s subdivision ordinance.
3) That the Royal Golf Club at Lake Elmo 4th Addition Final Plat complies with the City’s Engineering Standards, as noted by the City Engineer on November 5, 2021.
2 Resolution 2021-135
4) That the Final Outlot Plat will be utilized for conveyance purposes and will assist in facilitation of U.S. Home Corporation, d/b/a Lennar’s, purchase of the 4th phase of the Royal Golf Club from H.C. Golf Land, LLC.
5) That the Final Outlot Plat will create five (5) new outlots from Outlot C of the Royal Golf Club at Lake Elmo 3rd Addition and Outlot B of the Royal Golf Club at Lake Elmo. a. Outlot A (0.9 acres / 39,076 sf) b. Outlot B (61.53 acres / 2,680,384 sf)
c. Outlot C (7.59 acres / 330,779 sf) d. Outlot D (1.86 acres / 80,884 sf) e. Outlot E (16.02 acres / 697,916sf)
6) That the Final Outlot Plat will be named The Royal Golf Club at Lake Elmo 4th Addition Washington County Minnesota, to remain consistent with previous phases of The Royal Golf Club at Lake Elmo.
7) That consistency with Preliminary Plat and PUD Plans approved by the City of Lake Elmo on June 6, 2017 will be reviewed at the time of submittal for a final PUD for the Royal Golf Club 4th Addition. 8) That consistency with the Lake Elmo Comprehensive Plan and Zoning Code will be
reviewed at the time of submittal for a final PUD for the Royal Golf Club 4th Addition.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Royal Golf Club at Lake Elmo Fourth Addition Final Plat subject to the following conditions: 1) Prior to the City issuing building permits, the developer shall receive City Council approval
on a Final PUD for the Royal Golf Club 4th Addition and enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council. This agreement shall delineate who is responsible for the design, construction, and payment of the required improvements with financial guarantees.
2) 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 prior to the commencement of any grading or development activity on the site.
3) The Final Plat approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution. Passed and duly adopted this 7th day of December, 2021 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mayor Charles Cadenhead
3 Resolution 2021-135
ATTEST:
____________________________________
Julie Johnson, City Clerk