HomeMy WebLinkAbout4a - Frisbie Minor SubdivisionPLANNING COMMISSION DATE: 03/27/23
ITEM: Public Hearing: Minor Subdivision – Brookman 3rd Addition
SUBMITTED BY: Jenni Faulkner, Consulting Planner REVIEWED BY: Sophia Jensen, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a minor subdivision request from Frisbie Properties LLC to divide Lot 3, Block 2 of Brookman 3rd Addition into two separate parcels. The proposed minor subdivision would facilitate the separation of 5.01 acres (218,242 sq. ft.) into a
proposed Lot 1 consisting of 2 acres (87,121 sq. ft.) and proposed Lot 2 consisting of 3.01 acres
(131,121 sq. ft.). Staff is recommending approval of the minor subdivision as presented.
GENERAL INFORMATION
Applicant: Frisbie Properties LLC,
Property Owners: Frisbie Properties LLC,
Location: Lot 3, Block 2, Brookman 3rd Addition. PID Number 13.029.21.22.0014
2
Request: Application for a Minor Subdivision to split said property into two parcels
Existing Land Use and Zoning: Open field; Current Zoning: Village Mixed Use V-MX
Zoning Map
Surrounding Land Use and Zoning: North – Low-Density Residential on 40th Street N and Lady Slipper Road
East – Future residential site across Wildflower Drive
West – The Fields at Arbor Glen (High Density Residential) connected along 39th Street N
South – Village Mixed Use with Retail and Commercial businesses across 39th Street N
3
Comprehensive Plan: V-MX (Village Mixed Use)
Future Land Use Map
History: The City Council approved the Final Plat of Brookman 3rd Addition in 1988. Staff have reviewed concepts for a daycare and townhomes at this site. However, neither of
those were final plans. Specific plans for a daycare and townhomes are expected to be submitted for review and approval in the coming months.
Deadline for Action: Application Complete – 2-27-2023 60 Day Deadline – 4-28-2023
Extension Letter Mailed – No 120 Day Deadline – N/A
Applicable Regulations: Chapter 153 – Subdivision Regulations
4
REQUEST DETAILS
The City of Lake Elmo has received a request from Frisbie Properties LLC (the property owners), for a
minor subdivision to divide their parcel of the Brookman 3rd Addition into two lots. The purpose of the proposed minor subdivision is to facilitate the creation of two separate lots for future proposed townhomes and a daycare facility on each respective lot. The proposed minor subdivision would create a 2-acre lot on the south end of the parcel for the future daycare and a 3.01-acre lot on the north half of
the parcel for future townhomes. No grading or tree removal is proposed with this plat.
The City’s Subdivision regulations allow for certain major subdivision procedures and requirements to be waived for when platting when no more than four lots are being created, when no new public infrastructure or rights-of-way or streets are necessary and when the proposed lots meet the minimum road frontage and area requirements of the underlying zoning. This is known as a “minor subdivision”
under the ordinance. The minor subdivision process allows for concurrent review and approval of a preliminary and final plat.
The proposed minor subdivision does not require any new public infrastructure or any new public streets as those improvements are in place. Each of the lots the minor subdivision would create exceed
the village mixed use zoning requirements concerning lot size and lot frontage (20,000 square feet and 100 feet respectfully). As such, the proposed plat meets all the City requirements for a minor subdivision.
There are exiting drainage and utility easements on the perimeter of the existing lot being subdivided. Those will remain in place. New drainage and utility easements will be dedicated with the new plat
along the newly created common lot line.
The City Attorney has provided a Plat Opinion. There are items to be addressed prior to final plat approval and recording of the plat. The City Engineer has provided comments regarding future driveway access, drainage and utility easements, and the need for additional right-of-way on
Wildflower. Both of those comment memo items will need to be addressed prior to City Council approval. The comments from the Landscape Architect and Fire Chief relate to future development and are not specific to the proposed subdivision.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Lot 3, Block 2 Brookman 3rd Addition minor subdivision:
• That the Brookman 3rd Addition minor subdivision is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
• That the Brookman 3rd Addition minor subdivision is consistent with the future development plans of the area and with the standards of the City’s V-MX – Village Mixed Use zoning district including lot width and minimum lot area.
• That the Brookman 3rd Addition minor subdivision meets the requirements of the City’s subdivision ordinance and specifically the requirements concerning exceptions to platting.
5
RECOMMENDED CONDITIONS OF APPROVAL
Staff recommends the following conditions as part of an approval:
1. The City Engineers ‘comments shall be addressed prior to Council approval of the final plat, specifically the dedication of additional right-of-way. 2. The City Attorneys comments related to the plat opinion shall be addressed prior to Council approval of the final plat.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the minor subdivision request from Frisbie Properties LLC to divide this parcel of the Brookman 3rd Addition into two separate parcels.
Suggested motion:
“Move to recommend approval of the Brookman 3rd Addition minor subdivision based on the findings of fact and conditions presented in the staff report.”
ATTACHMENTS:
1. Minor Subdivision Survey 2. Preliminary Plat 3. Final Plat
4. Engineering Comments 5. Fire Comments 6. Landscape Architect Comments 7. Plat Opinion
40TH STREET N.LADY SLIPPER RD.
WILDFLOWER DR. N.39TH STREET N.PRIVATE DRIVE
SUNFLOWERLANELAVERNE AVE.PID#1302921220014BENCHMARKSELEVATIONS BASED ON AN ASSUMED VERTICAL DATUM DERIVEDFROM GPS VALUES (NAVD 88). LOCAL PROJECT BENCHMARKS SHOWNGRAPHICALLY.CONTACT:Matt FrisbieFRISBIE COMPANIESmatt@frisbiecompanies.comCell: 612-770-5784UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROMFIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THESURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIESSHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICEOR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THATTHE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATIONINDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED ASACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THISSURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.GOPHER STATE ONE CALL LOCATE TICKET NUMBER(S) 230500012.SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPONDTO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE AREUNAWARE MAY EXIST.COUNTY/CITY:REVISIONS:PROJECT LOCATION:DATEREVISIONXXXXXCALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:39TH STREET N.SURVEY NOTES:CITY OF LAKE ELMOWASHINGTONCOUNTYThe following Legal Description is as shown on FSATitle Services as agent for First American TitleInsurance Company Title Commitment No. 220174,dated April 21, 2022.Lot 3, Block 2, Brookman 3rd Addition, WashingtonCounty, Minnesota.02-15-2023INITIAL ISSUE02-21-2023ADD OL, SERVICE03-01-2023ESMT, UTILITY ADDCERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________TITLE NOTES:FRISBIEPROPERTIES0NORTH4080KH23016SURVKH16BOUNDARY/TOPOGRAPHICSURVEYLAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern AveStillwater, MN 55082Phone 651.275.8969Fax 651.275.8976dan@cssurvey.netPROJECT NO.FILE NAMEPARCEL AREA = 218,242 SQ. FT. / 5.01 ACRESAREAThe following exceptions appear on FSA Title Services as agent forFirst American Title Insurance Company Title Commitment No.220174, dated April 21, 2022.9. Drainage Easements per plat of Brookman 3rd Addition. SHOWNGRAPHICALLY.11. Assessments, covenants, conditions, terms, retrictions,easements and opbligations contained in Petition and WaiverAgreement per Doc. No. 4011597. AFFECTS ENTIRE PROPERTY.12. City of Lake Elmo Ordinance No. 08-145, Renaming LaytonAvenue North to Wildflower Drive North, per Doc. No.4125502. SHOWN GRAPHICALLY.02-15-20231. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATESYSTEM (NAD83). BEARINGS ARE DIFFERENT THAN SHOWN ON THERECORDED PLAT. ALL INTERIOR ANGLES MATCH THE RECORDED PLATANGLES.2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES ANDAS-BUILTS PLANS PROVIDED BY THE CITY OF LAKE ELMO.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOTSHOWN OR LOCATED.4. SURVEY PERFORMED UNDER WINTER CONDITIONS ON FEB. 7 AND 20,2023. SOME IMPROVEMENTS MAY HAVE BEEN OBSCURED BY SNOW/ICE.A SPRING INSPECTION OF THIS SITE IS RECOMMENDED.5. ELECTRIC, GAS AND TELEPHONE LINES SHOWN PER FLAG/PAINTLOCATIONS PURSUANT TO GOPHER STATE ONE CALL LOCATE REQUESTNOTED BELOW. FLAGS WERE PLACED ON TOP OF TALL SNOWBANKS INSNOW AND ICE CONDITIONS.LEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONTOURSFOUND MONUMENTSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGSPOT ELEVATIONTRAFFIC SIGNALTREE WITH NUMBER ASLOCATED BY REHDERFORESTERY CONSULTANTS.TREE LOCATION NOTES:TREES LOCATED AND IDENTIFIED FEBRUARY 2023 BY REHDERFORESTRY CONSULTING. PLEASE CONTACT MARK REHDER WITHQUESTIONS REGARDING TREES AT PHONE: 612-760-3519 OREMAIL: mark@rehderforestryconsulting.com.TREE INVENTORY:
40TH STREET N.LADY SLIPPER RD.
WILDFLOWER DR. N.39TH STREET N.PRIVATE DRIVE
SUNFLOWERLANELAVERNE AVE.PROPOSED DAYCARE LOTAREA=87,121 SQ. FT./2.00 ACRESFUTURE TOWNHOME LOTAREA=131,121 SQ. FT./3.01 ACRES210.00 302.40160.00 S89°21'23"W302.41N0
0
°
0
9
'
1
1
"
W
50.
0
0
S89°21'23"W147.59210.01 274.99
314.99160.01PROPOSED LOT 1PROPOSED LOT 2PROPOSED BLOCK 1PROPOSED DRAINAGEAND UTILITY EASEMENTPROPOSED DRAINAGEAND UTILITY EASEMENTPID#1302921220014BENCHMARKSELEVATIONS BASED ON AN ASSUMED VERTICAL DATUM DERIVED FROM GPSVALUES (NAVD 88). LOCAL PROJECT BENCHMARKS SHOWN GRAPHICALLY.CONTACT:Matt FrisbieFRISBIE COMPANIESmatt@frisbiecompanies.comCell: 612-770-5784UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEYINFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEETHAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THEAREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOTWARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACTLOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED ASACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HASNOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONECALL LOCATE TICKET NUMBER(S) 230500012. SOME MAPS WERE RECEIVED, WHILEOTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONALUTILITIES OF WHICH WE ARE UNAWARE MAY EXIST.COUNTY/CITY:REVISIONS:PROJECT LOCATION:DATEREVISIONXXXXXCALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:39TH STREET N.SURVEY NOTES:CITY OF LAKE ELMOWASHINGTONCOUNTYThe following Legal Description is as shown on FSA Title Services asagent for First American Title Insurance Company Title Commitment No.220174, dated April 21, 2022.Lot 3, Block 2, Brookman 3rd Addition, Washington County, Minnesota.02-15-2023INITIAL ISSUE02-21-2023ADD OL, SERVICE02-27-2023PRELIMINARY PLATCERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________TITLE NOTES:WILDFLOWERAT 39TH0NORTH4080KH23016SURVKH16PRELIMINARYPLATLAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern AveStillwater, MN 55082Phone 651.275.8969Fax 651.275.8976dan@cssurvey.netPROJECT NO.FILE NAMEThe following exceptions appear on FSA Title Services as agent for FirstAmerican Title Insurance Company Title Commitment No. 220174, dated April21, 2022.9. Drainage Easements per plat of Brookman 3rd Addition. SHOWNGRAPHICALLY.11. Assessments, covenants, conditions, terms, retrictions, easements andopbligations contained in Petition and Waiver Agreement per Doc. No.4011597. AFFECTS ENTIRE PROPERTY.12. City of Lake Elmo Ordinance No. 08-145, Renaming Layton Avenue Northto Wildflower Drive North, per Doc. No. 4125502. SHOWN GRAPHICALLY.02-15-20231. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM(NAD83). BEARINGS ARE DIFFERENT THAN SHOWN ON THE RECORDED PLAT.ALL INTERIOR ANGLES MATCH THE RECORDED PLAT ANGLES.2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES ANDAS-BUILTS PLANS PROVIDED BY THE CITY OF LAKE ELMO.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOTSHOWN OR LOCATED.4. SURVEY PERFORMED UNDER WINTER CONDITIONS ON FEB. 7 AND 20, 2023.SOME IMPROVEMENTS MAY HAVE BEEN OBSCURED BY SNOW/ICE. A SPRINGINSPECTION OF THIS SITE IS RECOMMENDED.LEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONTOURSFOUND MONUMENTSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGSPOT ELEVATIONTRAFFIC SIGNALTREE WITH NUMBER ASLOCATED BY REHDERFORESTERY CONSULTANTS.TREE LOCATION NOTES:TREES LOCATED AND IDENTIFIED FEBRUARY 2023 BY REHDER FORESTRYCONSULTING. PLEASE CONTACT MARK REHDER WITH QUESTIONS REGARDINGTREES AT PHONE: 612-760-3519 OR EMAIL: mark@rehderforestryconsulting.com.1010EASEMENTS ARE SHOWN AS THUS:(NOT TO SCALE)BEING 10 FEET IN WIDTH AND ADJOINING PLATBOUNDARIES UNLESS OTHERWISE SHOWN ON THE PLAT.PROPOSED DRAINAGE AND UTILITYDEVELOPMENT DATA:TOTAL AREA OF LOT 1, BLOCK 1 = 87,121 SQ. FT. / 2.00 ACRESTOTAL AREA OF LOT 2, BLOCK 1 = 131,121 SQ. FT. / 3.01 ACRESTOTAL PARCEL AREA = 218,242 SQ. FT. / 5.01 ACRESVICINITY MAPS
E
1
/
4
S
W
1
/
4
NE1/4N
W
1
/
4 SITESEC. 13, TWP. 29, RNG. 21, WASHINGTON COUNTY, MN(NOT TO SCALE)PROPOSED EASEMENT DETAILTHIS PROPERTY LIES WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN AS SHOWN ON FEMA FLOOD INSURANCE RATE MAPNUMBER 27163C0245E HAVING AN EFFECTIVE DATE OF FEBRUARY 3RD, 2010.FLOOD INFORMATION:
12BLOCK 1KNOW ALL PERSONS BY THESE PRESENTS: That Frisbie Properties,LLC, a Minnesota limited liability company, fee owner of thefollowing described property situated in the County of Washington,State of Minnesota, to wit:Lot 3, Block 2, Brookman 3rd Addition, Washington County,Minnesota.Have caused the same to be surveyed and platted as WILDFLOWERAND 39TH and does hereby dedicate to the public for public useforever the easements created by this plat for drainage and utilitypurposes only.In witness whereof said Frisbie Properties, LLC, a Minnesota limitedliability company, has caused these presents to be signed by itsproper officer this __________day of ______________________, 20__.Signed: Frisbie Properties, LLC, a Minnesota limited liabilitycompany________________________, PresidentMatthew J. FrisbieSTATE OF _________________COUNTY OF________________The foregoing instrument was acknowledged before methis_________day of________________, 20__, by Matthew J. Frisbie,President of Frisbie Properties, LLC, a Minnesota limited liabilitycompany, on behalf of the corporation._______________________________________________________________(signature) (printed name)Notary Public,__________________County, ______________My Commission Expires________________________________I, Daniel L. Thurmes, do hereby certify that I have surveyed andplatted or directly supervised the surveying and platting of theproperty described on this plat as WILDFLOWER AND 39TH; that Iam a duly Licensed Land Surveyor in the State of Minnesota; thatthis plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat;that all monuments depicted on the plat have been correctly set;that all water boundaries and wet lands as of this date, as defined inMinnesota Statutes Section 505.01, Subd. 3, are shown and labeled;and all public ways are shown and labeled on this plat.Dated this _________ day of ___________________, 202___.__________________________________________Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No.25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged before meon this _________ day of ___________________, 202___, by Daniel L.Thurmes, Licensed Land Surveyor.____________________________________________ (signature)____________________________________________ (print)Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2025SCALE IN FEETNORTHSCALE: 1 INCH = 40 FEET04080DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. DENOTES FOUND 1/2 INCH IRON PIPE MARKED AS SHOWN.LAND SURVEYING, INC.CORNERSTONEWILDFLOWER AND 39THPLANNING AND ZONING COMMISSION OF THE CITY OF LAKEELMOApproved by the Planning and Zoning Commission of theLake Elmo, Minnesota, this _________dayof__________________, 202____.By _______________________________________ ,ChairpersonBy________________________________________ ,SecretaryCITY COUNCIL OF THE CITY OF LAKE ELMOThis plat was approved by the City Council of the City ofLake Elmo, Minnesota, this _________dayof__________________, 202___ and hereby certifiescompliance with all requirements as set forth in MinnesotaStatutes, Section 505.03, Subd. 2, Minnesota StatutesBy _____________________________________, MayorBy____________________________________________, ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and inaccordance with Minnesota Statutes, Section 505.021, Subd.11, this plat has been reviewed and approved this _______day of ______________, 202_____.By _______________________________________Washington County SurveyorBy________________________________________ WASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9,taxes payable for the year 202___, on the land hereinbeforedescribed, have been paid. Also pursuant to MinnesotaStatutes, Section 272.12, there are no delinquent taxes andtransfer entered, on this _________ day of ________________202_____.By ________________________________Washington CountyAuditor/TreasurerBy ________________________________________ DeputyWASHINGTON COUNTY RECORDERDocument Number ___________________I hereby certify that this instrument was recorded in theOffice of the County Recorder for record on this _______ dayof __________________, 202___, at __________________ o'clock____. M., and was duly recorded in Washington CountyRecords.By________________________________________________ Washington County RecorderBy ____________________________________________ DeputyVICINITY MAPDENOTES FOUND WASHINGTON COUNTY MONUMENTAS NOTED1010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)BEING 10 FEET IN WIDTH ANDADJOINING PLAT BOUNDARIES UNLESSOTHERWISE SHOWN ON THE PLAT.THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPONNORTH LINE OF THE NW1/4 OF THE OF SECTION 13. TWP. 29,RNG. 21 WHICH IS ASSUMED TO HAVE THE BEARING OFN89°21'23"E.S
E
1
/
4SW1/4NE1/4NW1/4SITESEC. 13, TWP. 29, RNG. 21, WASHINGTON COUNTY, MN(NOT TO SCALE)1010
PAGE 1 of 1
MEMORANDUM
Date: March 14, 2023
To: Sophia Jensen, City Planner Re: Frisbie Properties 2‐Lot Minor Subdivision
Cc: Jenni Faulkner, Planning Consultant (NW Corner of 39th Street & Wildflower Dr)
Chad Isakson, PE, Assistant City Engineer PID 1302921220014
From: Jack Griffin, PE, City Engineer
Engineering has reviewed the 2 lot minor subdivision application for Frisbie Properties located at the northwest
corner of 39th Street and Wildflower Drive (PID 1302921220014) received on March 1, 2023. The review
consisted of the following documentation:
Preliminary Plat dated February 27, 2023.
Final Plat dated February 27, 2023.
Concept Overlay dated February 27, 2023.
Topographic Survey dated March 1, 2023.
1. Site Access. The Minor Subdivision will result in two separate lots. In order to maintain city approved
access spacing, Lot 1 will be allowed only one access to 39th Street North. Lot 2 will be allowed only one
access to Wildflower Drive. The specific access location for each Lot will be reviewed and approved by the
city with any future site improvement plans/applications. No specific access location is approved with this
Minor Subdivision.
2. Lot Development Limitations. The future development on both Lot 1 and Lot 2 will be limited to structures
requiring only a single access per the state fire code.
3. Public right‐of‐way. Additional public right‐of‐way dedication should be provided along Wildflower Drive
to provide the necessary right‐of‐way for the construction of a future dedicated southbound right turn
lane along Wildflower Drive, at the intersection with 39th Street. The additional right‐of‐way dedication is
needed for a width of 10‐feet for a distance of 240 feet along the easterly property line of the parcel. A
10‐foot‐wide lot drainage and utility easement is still required along the right‐of‐way frontage.
4. Drainage and Utility Easements. A 10‐ft drainage and utility easement must be dedicated as part of the
minor subdivision along each property line and in particular along all public right‐of‐way.
5. The drainage and utility easements must be reserved for the use of small/dry utilities and remain free
from all site design encroachments including trees, retaining walls, stormwater basins, and slopes
exceeding 4%.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
From:Dustin Kalis
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Review - March 1st Batch
Date:Wednesday, March 1, 2023 1:36:49 PM
The Fire Department does not have specific comments regarding the 2 lot minor subdivision.
Previous comments regarding the daycare and future townhome proposal have not changed:
Minor Subdivision - Frisbie: PID 12.029.21.22.0014
The Fire Department has reviewed this development concept and has the following comments:
· All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths
and turning radiuses.
· On-street parking shall be provided in approved locations following review by Engineering
and Public Works.
· An approved signage and marking plan shall be determined for all No Parking and Fire Lane
access roads.
· Fire hydrants shall be provided in approved locations following review by Engineering and
Public Works.
· Building address numbers shall be plainly visible from the street fronting the property and
shall contrasting color from the background.
· Child Care Center shall have a fire sprinkler system installed compliant with provisions of
2016 NFPA Standard 13 and the Minnesota State Fire Code. City permit required prior to
initiation of work.
· Future townhomes: may require a fire sprinkler system installed compliant with provisions
of 2016 NFPA Standard 13D and the Minnesota State Fire Code. City permit required prior to
initiation of work.
Dustin Kalis | Fire ChiefLake Elmo Fire DepartmentFire Station #1 - 3510 Laverne Ave. N. | Lake Elmo, MN | 55042651-747-3933 office | www.lakeelmo.org
From: Sophia Jensen
Sent: Wednesday, March 1, 2023 10:55 AM
To: Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Dustin Kalis <DKalis@lakeelmo.org>; Sarah
Evenson <sarah@hkgi.com>
Cc: Jenni Faulkner <jenni.faulkner@bolton-menk.com>
Subject: Lake Elmo Land Use Review - March 1st Batch
You are being asked to review the following applications as a stakeholder in the area of a pending
application. Please see link below.
Minor Subdivision - Frisbie: PID 12.029.21.22.0014 Frisbie properties LLC has submitted a 2 lot
minor subdivision application. Zoning: Village Mixed Use. Reviewers: Engineer, Fire, Landscape
Architect. Please have feedback to Sophia Jensen by Wednesday March 15th 2023.
https://drive.google.com/drive/folders/1CpNPhLjg9FP-1lt6YyRtCS6K1BuHbWnp?usp=share_link
Thank you,
Sophia Jensen
City Planner
City of Lake Elmo3800 Laverne Ave N
Lake Elmo, MN 55042
651-747-3911
Hoisington Koegler Group Inc.
800 Washington Ave. N., Suite 103
Minneapolis, Minnesota 55401
(612) 338-0800 www.hkgi.com
Creating Places that Enrich People’s Lives
Hoisington Koegler Group Inc.
MEMORANDUM
TO: Sophia Jensen
FROM: Tim Solomonson, PLA
DATE: 3/15/2023
RE: Minor Subdivision – Frisbie: PID 1302921220014 – Wildflower Dr N and 39th St N
The Frisbie Minor Subdivision
Submittals
Minor Subdivision Application dated 2/27/23, received 3/1/2023
Review History
• N/a
Location: Wildflower Dr N and 39th St N
Current Land Use Category: Village Mixed Use(Zoned and FLU)
Adjacent and Surrounding Land Use: Fully built out Low Density Residential to the north and
surrounded by Village Mixed Use on all other sides.
Special Landscape Provisions in addition to the zoning code: none
Tree Preservation: 105. 12. 470
• A Survey and Preliminary Platting Plan have been provided but a tree preservation plan that
meets all Code requirements has not been submitted.
o A survey signed by a licensed survey does not meet the requirements for a tree
preservation plan.
Landscape Requirements: 105. 12. 480
• A Survey and Preliminary Platting Plan have been provided but a landscaping plan that meets
all Code requirements has not been submitted.
Recommendation:
• Submit Landscape and Tree Preservation plans per code requirements above.
Hoisington Koegler Group, Inc.
Minor Subdivision - Frisbie: PID 1302921220014 – Wildflower Dr N and 39th St N - 3/15/23
2
Tim Solomonson, PLA (MN)
City of Lake Elmo Municipal Landscape Architect
P: (612) 802-0142
E: tim@hkgi.com
Offices in
Minneapolis
St. Cloud
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
860125.v3. 3.16.23
SAMANTHA C. ZUEHLKE
Attorney at Law
Direct Dial (612) 337-9205
Email: szuehlke@kennedy-graven.com
March 16, 2023
VIA E-MAIL ONLY
Ms. Jenni Faulkner
Senior Planner
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337
RE: City of Lake Elmo - Plat Opinion for WILDFLOWER AND 39TH
Dear Jenni:
At the City’s request, I have reviewed the title commitment issued by FSA Title Services, as
issuing agent for First American Title Insurance Company, Commitment No. 220174, with an
effective date of April 21, 2022 (the “Commitment”). I have also reviewed a plat prepared by
Cornerstone Land Surveying, Inc., which is titled WILDFLOWER AND 39TH (the “Plat”).
The Commitment purports to cover the following legal description:
Lot 3, Block 2, Brookman 3rd Addition, Washington County, Minnesota.
Abstract Property
(the “Property”).
Based on my review of the Commitment and the Plat, I have the following comments relative to
the proposed Plat:
1. Plat execution. The Plat must be signed by:
a. The fee owner: Lake Elmo Business Park Company, a Minnesota general
partnership.
The Plat is set up for signature by Frisbie Properties, LLC, a Minnesota limited
liability company. The Commitment and a search of the Wisconsin Secretary of
State records indicate that Frisbie Properties, LLC is a Wisconsin limited liability
company, and revisions to the Plat must be made per 2.a., below.
Ms. Jenni Faulkner
March 16, 2023
Page 2
860125.v3. 3.16.23
The Plat must be executed with all the formalities of a deed of title. If the Property
has been, or will be conveyed to Frisbie Properties, LLC, I require review of the
documents of conveyance from Lake Elmo Business Park Company, general
partnership, to Frisbie Properties, LLC. I require a certificate of good standing from
the Wisconsin Secretary of State and evidence that the fee owner of the Property is
authorized to convey the easements dedicated on the Plat and that the person
signing is authorized to execute the Plat on the fee owner’s behalf. I require review
of these instruments.
b. The Commitment indicates that there is no mortgage on the Property. I require
verification that no mortgages will be recorded against the Property prior to the
recording of the Plat.
2. Plat Corrections:
a. The fee owner as on the Commitment and on the Plat must match exactly. If the
Property is to be conveyed to Frisbie Properties, LLC, I require review of the
documents as described in 1.a., above. Additionally, the Commitment and the
Wisconsin Secretary of State indicate that Frisbie Properties, LLC, is an entity
registered in Wisconsin, rather than Minnesota, and, if Frisbie Properties, LLC, is
the fee owner of record, the Plat must be revised accordingly. I require review of
this revision.
b. The fee owner’s certificate should be revised from “Have caused the same to be
surveyed” to “Has caused the same to be surveyed”. I require review of this
revision.
c. The fee owner’s certificate should be revised from “public use forever the
easements as created by this plat for drainage and utility purposes only.” to “public
use the drainage and utility easements as created by this plat.”. I require review of
this revision.
d. The fee owner’s certificate should be revised from “Signed: Frisbie Properties,
LLC, a Minnesota limited liability company” to “Signed: Frisbie Properties, LLC”.
I require review of this revision.
e. The fee owner’s acknowledgment should be revised from “on behalf of the
corporation” to either “on behalf of the company” or it may be omitted entirely. I
require review of this revision.
f. The fee owner’s acknowledgment section appears to not leave enough space for
both the Notary’s signature and printed name. The line for both the Notary’s
Ms. Jenni Faulkner
March 16, 2023
Page 3
860125.v3. 3.16.23
signature and printed name must be revised to allow for both to appear on the Plat.
I require review of this revision.
g. The surveyor’s certificate should be revised from “do hereby certify that I have
surveyed and platted or directly supervised the surveying and platting of the
property described on this plat as WILDFLOWER AND 39TH;” to “do hereby
certify that this plat was prepared by me or under my direct supervision;”. I require
review of this revision.
h. The surveyor’s certificate should be revised from “monuments depicted on the plat
have been correctly set;” to “monuments depicted on this plat have been, or will be
correctly set within one year;”. I require review of this revision.
i. The surveyor’s certificate should be revised from “wet lands as of this date, as
defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled;” to
“wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date
of this certificate are shown and labeled on this plat;”. I require review of this
revision.
j. The surveyor’s certificate should be revised from “The foregoing Surveyor’s
Certificate was acknowledged before me this _______ day of ___________, 202__,
by Daniel L. Thurmes, Licensed Land Surveyor.” to “This instrument was
acknowledged before me this _______ day of ___________, 202__, by Daniel L.
Thurmes.” I require review of this revision.
k. The surveyor should confirm the information in the notary block for the surveyor’s
certificate. I require review of any revisions to the Plat.
l. The heading for the Planning Commission review and approval certificate should
be revised from “PLANNING AND ZONING COMMISSION OF THE CITY OF
LAKE ELMO” to “LAKE ELMO PLANNING COMMISION”. I require review
of this revision.
m. The Planning Commission review certificate should be revised from: “Planning and
Zoning Commission of the Lake Elmo, Minnesota, this ______day
of___________” to “Planning Commission of the City of Lake Elmo, this ____ day
of ____________”. I require review of this revision.
n. The Planning Commission signature lines should be revised to include spaces
following the commas on the byline (for example: “_______________, Secretary”.
I require review of this revision.
Ms. Jenni Faulkner
March 16, 2023
Page 4
860125.v3. 3.16.23
o. The City Council certificate should be revised from “this ______day
of___________,” to “this _____ day of _______,”. I require review of this revision.
p. The City Council certificate should be revised from “Subd. 2, Minnesota Statutes”
to “Subd. 2.”. I require review of this revision.
q. The County Auditor/Treasurer approval should be revised from “Subd. 9, taxes
payable for the year 202__, on the land hereinbefore described, have been paid.
Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes
and transfer entered” to “Subd. 9 and Section 272.12, taxes payable in the year
202__, on real estate hereinbefore described, have been paid; and there are no
delinquent taxes, and transfer has been entered”. I require review of this revision.
3. Title Commitment Exceptions. The Commitment is subject to the following exceptions:
a. Drainage and utility easements as shown on the plat of Brookman 3rd Addition, if
any. The drainage and utility easements as shown on Lot 3 of Brookman 3rd
Addition encompass the entire perimeter of Lot 3, where the drainage and utility
easements on the Plat encompass the perimeter of the new Lots 1 and 2 of Block 1.
The City and the developer should discuss if the easements that were dedicated by
the plat of Brookman 3rd Addition should be vacated.
b. Overhead and/or underground utility lines that may currently exist and rights of the
utility companies to use and maintain any such existing lines. The developer and
surveyor should provide the location of these utility lines, if any, so that the City
may determine if they interfere with any utilities dedicated to the public by the Plat.
c. Assessments, covenants, conditions, terms, restrictions, easements, and obligations
contained in Petition and Waiver Agreement between the developer and the City of
Lake Elmo, dated May 28, 2014, filed January 2, 2015, as Document No. 4011597,
which does not contain a forfeiture or revisionary clause. The Petition and Waiver
Agreement was amended on August 13, 2014 to increase the assessment amount to
$103,708. The Agreement levies funds to finance certain public improvements and
permits those charges to be assessed against on the Property. The City should
determine if there are any pending special assessments against the Property as
those assessments will need to be paid off at the time of recording of the final plat.
d. City of Lake Elmo Ordinance No. 08-145, renaming Layton Avenue North to
Wildflower Drive North, dated July 5, 2016, recorded August 25, 2017, as
Document No. 4125502. The Ordinance only renames the foregoing street name.
No further action is required.
4. Property taxes and assessments. All real estate taxes due in the year the Plat is to be
recorded must be paid prior to recording. All assessments must also be paid.
Ms. Jenni Faulkner
March 16, 2023
Page 5
860125.v3. 3.16.23
Taxes payable in 2022 are in the amount of $2,874 and are paid (PID No.
13.029.21.22.0014). According to Washington County property tax records, taxes due and
payable in 2023 have been proposed in the amount of $2,658.00. There are no delinquent
taxes of record which must be paid prior to recording.
5. Title Commitment.
The Commitment is dated April 21, 2022. I require review of a Commitment that is less
than 90 days old.
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 conditioned upon the issuance of a title policy in the amount of $100,000 in favor
of the City of Lake Elmo, insuring the City’s interests as they appear on the Plat.
Please contact me if you have any questions regarding this information. Thank you.
Sincerely,
Samantha C. Zuehlke
Samantha C. Zuehlke