HomeMy WebLinkAbout2023-047CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2023-047
RES'OL UTIONAPPROVING THE FINAL PLAT AND FINAL PUD PLAN FOR JON
HA USER, DRAKE MOTOR PARTNERS LE LLC, FOR THE EBERTZ SITE (PID
34.029.21.44.0006 AND 34.029.21.44.0004)
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that includes
background data, policy statements, standards, and maps that help to guide the future physical,
social, and economic development of the City; and
WHEREAS, Jon Hauser, Drake Motor Partners LE LLC, has submitted application to the
City of Lake Elmo (City) for a Preliminary Plat and Preliminary PUD Plan for four lot subdivision
with one lot proposed as an auto dealership, one lot as a fast food restaurant, and two vacant lots
located on the north and south sides of Hudson Blvd, west of Keats Avenue, a copy of which is on
file in the City of Lake Elmo Planning Department; and
WHEREAS, through Resolution 2023-023, the City of Lake Elmo approved a Preliminary
Plat and PUD, for a four -lot subdivision with one lot proposed as an auto dealership, one lot as a
fast food restaurant, and two vacant lots; and
WHEREAS, the Applicant, Jon Hauser, Drake Motor Partners LE LLC, has requested a
Final Plat and PUD with the plans submitted to the City on April 14, 2023, along with subsequent
revisions; and
WHEREAS, the applications for Final Plat and PUD were not found by the city to be
complete until May 2, 2023; and
WHEREAS, notice was published, mailed and posted pursuant to the Lake Elmo Zoning
Ordinance, Section 105.12.250; and
WHEREAS, the Lake Elmo City Council held a public hearing on May 16th, 2023 and
heard from those interested;
WHEREAS, the Lake Elmo City Council reviewed the Final Plat and PUD requests as its
meeting held on May 16, 2023 and voted to approve the item with the following findings of fact:
1. That the final plat and Final PUD Plan is consistent with the preliminary plat and
Preliminary PUD Plan approval.
2. That the Final PUD Plan would be consistent with the intent of the 2040 Lake Elmo
Comprehensive Plan and the 2040 Land Use Map for this area.
3. That the Final PUD Plan complies with the general intent of the C- Commercial zoning
district with PUD modifications.
4. That the Final PUD Plan generally complies with the Lake Elmo Design Guidelines and
Standards Manual.
5. That the final plat generally complies with the City's Subdivision regulations.
6. That the final plat generally complies with the City's design standards.
7. That the final plat generally complies with the City's Zoning Code with the exceptions
provided for in the PUD.
8. That the final plat and PUD Plan must be revised to address the comments noted in the City
Engineer's memorandum.
9. That the final PUD Plan must be revised to be consistent with City's landscape plan and tree
replacement standards pursuant to the Landscape Architects memo.
10. That the final plat and PUD Plan must be revised to address the comments noted in the Fire
Department memo.
11. That the final PUD Plan meets the minimum requirements for a PUD.
12. That the final PUD Plan meets items a, c, d, and i from the identified PUD objectives
identified in Section 105.12.1130. Planned unit developments should not be allowed simply
for the purpose of increasing overall density or allowing development that otherwise could
not be approved.
a) Innovation in land development techniques that may be more suitable for a given parcel
than conventional approaches. The shared access drive and stormwater ponding areas
allow for more efficient use of land.
c) Establishment of appropriate transitions between differing land uses. This overall PUD
provides a buffer between the interstate highway and residential uses. There are
significant site specific plantings proposed to buffer the adjacent residential uses and to
the most reasonable extent possible, existing trees are being preserved within the buffer
area.
d) Provision of more adequate, usable, and suitably located open space, recreational
amenities, natural resource protection and other public facilities than would otherwise be
provided under conventional land development techniques. This is achieved with shared
stormwater ponding.
i) Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and/or the promotion of energy resource conservation. With the proposed
private access drive, there will be less demand on public services.
13. That the site will be served by public utilities, not have a detrimental impact on traffic, supply
adequate off-street parking.
14. That the proposed land uses will be compatible both in terms of internal site plans, and with
regard to adjacent land uses.
15. That the site complies with wetland, stormwater management requirements.
16. That the use will maintain standards of architectural design and building quality consistent
with the uniform building code and all other applicable city codes,
17. That the proposed use will not create fiscal problems for the city or adversely impact the
health, safety, or welfare of the city.
18. That the applicant has proposed significant mitigating efforts to buffer the proposed
commercial uses on Block 2 form the adjacent residential uses including no wall signs facing
north or west, additional landscaping, and higher quality fencing materials.
19. That the proposed uses will bring commerce and employment to the city.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve Jon
Hauser, Drake Motor Partners LE LLC Final Plat, and PUD requests subject to the following
conditions:
l . The Final Plat/Final PUD approval is conditioned upon the applicant meeting all City
standards and design requirements unless specifically addressed otherwise in these
conditions.
2. Prior to the City releasing the final plat, the applicant shall address all comments in the
City Engineer's memo dated May 9, 2023, to the satisfaction of the City Engineer.
3. Prior to the City releasing the final plat the applicant shall revise the landscape plan and
tree preservation plan in accordance with the City Landscape Architect's memo dated
May 2, 2023 to the satisfaction of the City Landscape Architect.
4. Prior to the City releasing the final plat, the applicant shall demonstrate compliance with
the items listed in the April 17, 2023, memo from the Fire Department to the satisfaction
of the Fire Chief.
5. All public improvements constructed to support the development must be designed and
constructed in accordance with the City Engineering Design Standards Manual dated
January 2022, unless approved otherwise by the City Engineer.
6. The applicant shall verify compliance with Valley Branch Watershed (VBWD) comments
and that the applicant provide the City evidence that all conditions attached to a VBWD
permit will be met before the starting any grading activity on the site.
7. The applicant shall verify compliance with Minnesota Department of Transportation (MnDOT)
comments (dated May 4, 2023) and permitting, and that the applicant provide the City
evidence that all conditions attached to a MnDOT permit will be met before the starting any
grading activity on the site.
8. That the applicant shall obtain all necessary permits including but not limited to all applicable
City permits (building, grading, wetland; sign, etc.), NPDES/SWPPP permits and Valley
Branch Watershed District approval before starting any grading or construction activities.
9. A wetland permit is required for the proposed wetland filling. Required wetland mitigation
shall be provided for at the time of permit.
10. The applicant/developer is responsible, at their own expense, for installing all required right of
way improvements. Improvements in Hudson Boulevard shall be consistent with Washington
County and city standards.
11. Park dedication in the amount of $102,360.00 shall be paid prior to paid prior to recording of
the final plat.
12. A storm water maintenance and easement agreement in a form acceptable to the City shall
be executed and recorded with the final plat.
13. A landscape and irrigation license agreement in a form acceptable to the City shall be
executed and recorded with the final plat.
14. The finalization, adoption, and publication of an overlay district ordinance shall occur before
the recording of the final plat.
IS. Before the execution and recording of a final plat for the development, the developer or
applicant shall enter into a Developer's Agreement with the City. Such an Agreement must
be approved by the City Attorney and by the City Council. The Agreement shall delineate
who is responsible for the design, construction and payment for the required improvements
with financial guarantees therefore. The Agreement shall outline any approved phasing
plan.
16. The Developer shall pay all outstanding taxes and assessments at the time of recording the
final plat.
17. The Developer shall provide the City with a copy of final title insurance policy at the time
of recording the final plat.
18. The future owner of Lot 1, Block 1 (the DQ) shall enter into a Site Work Agreement prior to
any permit being issued for said lot. This will require separate securities for code compliance.
19. For Lot l,Block 1, the drive aisle widths shall be modified to meet City Code minimum
requirements prior to issuance of a permit.
20. The applicant or developer shall enter into a separate grading agreement with the City before
starting any grading activity in advance of final plat/ PUD approval. The City Engineer shall
review any grading plan that is submitted in advance of a final plat or final PUD, and said plan
shall document the extent of any proposed grading on the site.
21. If necessary, the applicant shall provide the City with a copy of written permission for any off -
site grading work and storm sewer discharges to adjacent properties before starting any site
work, grading and as part of any final plat or final PUD application.
22. The land exchange for the 50-foot-tall ground sign shall be completed prior to issuance of
said sign permit. If the land exchange is technically not feasible, then the developer may
grant the city an easement and the city may grant the developer an Encroachment
Agreement to achieve the same purpose.
23. Approval of the final plat expires if not recorded within 180 days of the approval date.
Extensions may be granted per City Code 103.00. 1 00(b)(7).
Passed and duly adopted thisl6th day of May, 2023 by the Lake Elmo Minnesota City Council.
Charles Cadenhead, Mayor
ATTEST:
Jultonson, tArk