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HomeMy WebLinkAbout2024-007I ♦ 1 i ♦ MINIMUM i RESOLUTION NO.2024-007 RESOL UTIONAPPROVING THE PRELIMINARY PLAT OF BRIDGEWATER VILLAGE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Bridgewater Bancshares, Inc. (the "Applicant") submitted an application to the City of Lake Elmo for a preliminary plat of Bridgewater Village, for the property legally described on the attached Exhibit A (the "Property"), a copy of the preliminary plat is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on October 23, 2023 to review and consider the preliminary plat application; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and unanimous recommendation of approval of the preliminary plat to the City Council as part of a staff report dated November 8, 2023; and WHEREAS, the City Council considered the preliminary plat at its November 8, 2023 meeting and voted unanimously to table consideration of the item until January 2024 due to ongoing discussion regarding the City's water appropriations; and WHEREAS, the City Council considered the Requests on January 2, 2024, approved the Comprehensive Plan Amendment, Rezoning, and Conditional Use permit, and agreed to an extension as requested by the Applicant on the Preliminary Plat until February 20, 2024; and WHEREAS, the City Council considered the preliminary plat at its February b, 2024, meeting and hereby makes the following findings of fact: 1. That the preliminary plat is consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area. 2. That the preliminary plat complies with the general intent of the Village Medium Density Residential and Commercial zoning districts. 3. That the preliminary plat generally complies with the Lake Elmo Design Guidelines and Standards Manual. 4. That the preliminary plat generally complies with the City's subdivision regulations. 5. That the preliminary plat generally complies with the City's design standards. 6. That the preliminary plat generally complies with the City's Zoning Code. LA515-137-923112.v2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Bridgewater Village preliminary plat subject to the following conditions: l . Submission of the Comprehensive Plan amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that it has reviewed and approved the proposed Comprehensive Plan amendment for the Property. 2. Prior to the City finding any application for the final plat to be complete, the Applicant must address all comments in the City Engineer's memo dated October 10, 2023 to the satisfaction of the City. 3. Prior to the City finding any application for the final plat to be complete, the Applicant must revise the landscape plan and tree preservation plan in accordance with the City Landscape Architect's memo dated October 9, 2023 to the satisfaction of the City. 4. Prior to the City finding any application for the final plat to be complete, the Applicant shall demonstrate compliance with the items listed in the September 28, 2023 memo from the Fire Department to the satisfaction of the City. 5. The City Attorney shall issue a plat opinion certifying that the final plat, title evidence, and all agreements and documents meet the requirements of the City Code and state statutes prior to the City Council review or approval of the final plat. 6. The final plat shall include all necessary and additional public right-of-way and easements. 7. If necessary, the Applicant must provide the City with a copy of written permission from adjacent property owners 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 application. 8. No flexibility from City standards is provided by this approval. All lots to be platted in this subdivision must meet existing City standards at the time of building permit submittal. 9. Sign permits are required and must comply with the City Code. 10. All public improvements constructed to support the subdivision must be designed and constructed in accordance with the City Engineering Design Standards Manual dated January 2022, unless approved otherwise by the City Engineer. 11. The Applicant shall verify compliance with Valley Branch Watershed District ("VBWD") comments. The Applicant must provide the City with evidence that all conditions attached to any VBWD permit will be met before the starting of any grading activity on the Property. 12. That the Applicant must obtain all necessary permits including but not limited to all applicable City permits (building, grading, wetland, sign, etc.), NPDES/SWPPP permits and VBWD permits before starting any grading or construction activities. 13. Park dedication shall be paid prior to paid prior to recording of the final plat. 14. The City's Village AUAR Fee must be paid prior to recording of the final plat. 15. A storm water maintenance and easement agreement in the City's standard form shall be executed and recorded with the final plat. 16. A landscape license agreement in the City's standard form shall be executed and recorded with the final plat. 17. Before the execution and recording of a final plat for the development, the developer or the Applicant shall enter into a Development Agreement with the City. Such an agreement must be approved by the City Attorney. The Development Agreement must 2 LA515-137-923112.v2 be approved by the City Council. The agreement shall delineate who is responsible for the design, construction, and payment for the required improvernents with financial guarantees therefore. The agreement shall outline any approved phasing plan. 18. The Applicant or developer must enter into a separate grading agreement with the City before starting any grading activity in advance of final plat approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat and said plan shall document the extent of any proposed grading on the site. 19. The Applicant must submit a revised preliminary plat and project plans meeting all conditions of approval for City review and approval, The revised Applicant project plans and other materials shall meet all of the above conditions before the City will find complete any final plat application for the development and before the start of any clearing or grading activity on the site. 20. That the Applicant must submit the final plat within 480 days after City Council approval of the preliminary plat or approval of the preliminary plat shall be considered void unless a request for a time extension is submitted in writing and approved by the City Council. Passed and duly adopted this 6 day of February, 2024, by the City Council of the City of Lake Elmo, Minnesota. f 4 Mayor Charles Cadenhead no Julie ola on, Ci erk 3 LA515-137-923112.Q Resolution 2024- Exhibit A Legal Description of Subject Property Title Commitment No 67354: That port of the East Half of the East Half of the Southeast Quarter of Section 12 Township 29 North, Range 21 Nest, Washington County Minnesota, which lies southeasterly of Minnesota State Highway No. 5, and which lies southwesterly of County State Aid Highway No, 14 and 15, (Washington County Highway Plat No. 33). And That part of the West Half of the East Half of the Southeast Quarter of Section 12, Township 29 North, Range 21 West, Washington County; Minnesota, which lies southeasterly of State Highway No. 5, Together with That part of the north 50 rods of the Northeast Quarter of the Northeast Quarter of Section 13„ Township 29 North, Range, 21 West, Washington County, Minnesota, which lies westerly of County State Aid Highway No. 15, (Washington County Highway Prat No. 33), and lies northerly of Parcel 5 of Washington County Highway Right —of —Way Plot No. 178, recorded as Document No, 4120980 in the Recorder's Office of Washington County, Minnesota, (Abstract Property) Tins Commitment No. 67354-1; All that part of Parcel 5 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 33, according to the plat thereof, on file and of record In the Office of the Recorder, Washington County Minnesota, which lies westerly of the westerly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 179—C.S.A.H. 15, according to the plat thereof, on file and of record in the Office of the Recorder for sold Washington County, and which lies northerly of the South 200.00 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 29 North, Range 21 West, Washington County, Minnesota, excepting therefrom the following. All that part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 29 North, Range 21 West, Washington County. Minnesota, described as follows, Commencing at the southeast corner of said Section 12, thence South 89 degrees 20 minutes 50 seconds West, bearings are based on the Washington County Coordinate System NAD83f1986, along the south line of sold Southeast Quarter of the Southeast quarter, a distance of 89.38 feet to boundary corner B104 of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 179 — C.S.A.H. 15, according to the plot thereof on file and of record in the Office of the Recorder for said County; thence northerly a distance of 4,14 feet, along the westerly line of said WASHINGTON COUNTY HIGHWAY MIGHT OFF WAY PLAT NO. 179 — C.S,A.H.. 15, on a curve concave to the west, not tangent to the last described line, sold curve having a radius of 1849.86 feet and a central angle of OO degrees 07 minutes 41 seconds and a chord that bears North 11 degrees 10 minutes 03 seconds West for a distance of 414 feet to boundary corner 8103 of sold WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO, 179 — C.S,A,H, 15„ thence North 45 degrees 18 minutes 43 seconds East, along said westerly line of WASHiNGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 179 — C.S,A.H. 15, a distance of 27.72 feet to boundary corner B1 of said WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 179 — G.S.A.H. 15, thence North OO degrees 06 minutes tat seconds West, along said westerly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 179 — C,S,A.H. 15, a distance of 413.61 feet to the point of beginnina� ; thence South 89 degrees 53 minutes 58 seconds West a distance of 59.17 feet; thence North 31 degrees 35 minutes 12 seconds West a distance of 110.43 feet, thence North D5 degrees 27 minutes 53 seconds West a distance of 170.€ 0 feet to a point on the easterly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO, 33, according to the plot thereof on file and of record in the Office of the Recorder for sold County; thence southeasterly along sold easterly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 33 to the westerly line of said WASHINGTON COUNTY HIGHWAY RIGHT Of WAY PLAT NO. 179 — C.S.A.H. 15 thence South OO degrees 06 minutes 02 seconds East, along said westerly line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO, 179 — C.S.A.H. 15, a distance of 7,87 feet to the point of beginning. 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