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HomeMy WebLinkAbout10-15-25Planning Commission Meeting 3880 Laverne Avenue North Wednesday October 15th, 2025 6:30 p.m. AGENDA Pledge Of Allegiance Approve Agenda Approve Minutes 7 -28 -25 Planning Commission Meeting Minutes PZ MINUTES 7 -28 -25.PDF Public Hearing Registered Land Survey (RLS) #132 - 3481 Laverne Ave PC STAFF REPORT -- RLS 132.PDF RLS NO. 132 PRESENTATION --.PDF Tree Fund TREE FUND TEXT AMENDMENT.PDF PC STAFF REPORT -TREE FUND.PDF New/Unfinished Business Communications/Updates GIS Tool Available On City Website TAP Update - City 180 -Acres City Council Updates Inwood Townhomes 1st Addition Final Plat, PUD And Easement Vacation - 10/7/25 RFP Fire Hall And Parks Building - 10/7/2025 Upcoming Meetings October 27th, 2025 November 10th, 2025 Adjourn ***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations. 1. 2. 3. a. Documents: 4. a. Documents: b. Documents: 5. 6. a. b. c. i. ii. d. i. ii. 7. Planning Commission Meeting3880 Laverne Avenue NorthWednesday October 15th, 20256:30 p.m.AGENDAPledge Of AllegianceApprove AgendaApprove Minutes7-28 -25 Planning Commission Meeting MinutesPZ MINUTES 7 -28 -25.PDFPublic HearingRegistered Land Survey (RLS) #132 - 3481 Laverne AvePC STAFF REPORT -- RLS 132.PDFRLS NO. 132 PRESENTATION --.PDFTree FundTREE FUND TEXT AMENDMENT.PDFPC STAFF REPORT -TREE FUND.PDFNew/Unfinished BusinessCommunications/UpdatesGIS Tool Available On City WebsiteTAP Update - City 180 -AcresCity Council Updates Inwood Townhomes 1st Addition Final Plat, PUD And Easement Vacation - 10/7/25 RFP Fire Hall And Parks Building - 10/7/2025 Upcoming Meetings October 27th, 2025 November 10th, 2025 Adjourn ***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations. 1.2.3.a.Documents:4.a.Documents:b.Documents:5.6.a.b.c. i. ii. d. i. ii. 7. Planning Commission Meeting Minutes: 5-27-25 City of Lake Elmo Planning Commission Meeting City Council Chambers – 3880 Laverne Avenue North Minutes of Regular Meeting of July 28th, 2025 CALL TO ORDER: Commission Chair Rehkamp called to order the meeting of the Lake Elmo Planning Commission at 6:30 p.m. COMMISSIONERS PRESENT: Amend, Bohlig, Chars, Dunn, Rehkamp, Sarro, Vrieze COMMISSIONERS ABSENT: N/A STAFF PRESENT: Senior City Planner Sophia Jensen, Bolton-Menk Consultant, Nathan Fuerst Pledge of Allegiance at 6:30 PM Approve Agenda: M/S/P: Rehkamp / Bohlig made a motion to amend the agenda to include new commissioner welcome. Vote: 7-0, motion carried unanimously New Planning Commissioner Daniell Sarro introduced herself. M/S/P: Bohlig / Dunn made a motion to approve the agenda Vote: 7-0, motion carried unanimously Approve Minutes: M/S/P: Bohlig / Dunn made a motion to approve the 5-12-25 meeting minutes. Vote: 6-0, motion carried unanimously. Public Hearing: a) Highpointe Crossing Rachel Development has submitted a comprehensive plan amendment application for the property located at 2298 Inwood Ave (PID 2102921320001). The request would cause the City of Lake Elmo to amend the Land Use Chapter, Chapter 3, in its 2040 Comprehensive Plan to create a new Future Land Use Category called Open Space Low Density Residential (OP-LDR). In addition, Map 3-3, the Future Land Use Map, and Map 3-7, the MUSA Growth and Phasing Map, are proposed for amendment to reguide the subject property as OP-LDR. Bolton-Menk Consultant, Nathan Fuerst gave presentation and answered questions. Applicant, Rachel Development – Paul Robinson spoke and answered questions. M/S/P: Bohlig / Chars moved to open the public hearing at 7:16 PM. Vote: 7-0, motion carried unanimously. Public Comments: i. Ann Bucheck, 2301 Legion Lane North: Emailed comment read into record by Rehkamp. Requests denial due to spot zoning and density issues. ii. Rosemary Armstrong, 8291 15th Street North: Requests denial due to traffic, density and MUSA relocation issues. M/S/P: Amed / Vrieze moved to close the public hearing at 7:23 PM. Vote: 7-0, motion carried unanimously. Planning Commission Meeting Minutes: 5-27-25 Planning Commission findings: approve of the development, but feel it is premature, they want to know the impact of ag preserve/park, sewer future need, more research needed, unknowns for site, want to see engineering analysis, spot zoning feeling, MUSA, lot sizing. M/S/P: Chars / Dunn moved to recommend tabling the project for future review, Chars then rescinded the motion. M/S/P: Chars / Dunn moved to recommend the City Council deny the requests from Rachel Development, for Comprehensive Plan amendments with the findings and conditions presented in the staff report. Vote: 7-0, motion carried unanimously. New/Unfinished Business N/A Communications/Updates: City Council Updates i. Primrose Daycare Conditional Use Permit – Approved 6/3/25 ii. Berschens Shores 3rd Addition Minor Subdivision and Zoning Map Amendment – Approved 6/3/25 iii. Inwood 8th Addition Preliminary Plat and Comprehensive Plan Amendment – Approved 6/17/25 Upcoming Meetings: i. August 11th, 2025 ii. August 25th 2025 Meeting adjourned at 7:49 PM. Respectfully Submitted, Diane Wendt Permit Technician Planning Commission Date:10/15/2025 Agenda Item: 4A PUBLIC HEARING TO: Planning Commission ITEM: Registered Land Survey #132 (RLS) – 3481 Laverne Ave SUBMITTED BY: Ashley Monterusso, City Planner REVIEWED BY: Jason Stopa, Community Development Director Sarah Sonsalla, City Attorney INTRODUCTION/BACKGROUND: The Planning Commission is being asked to review, conduct a public hearing and make a recommendation about a registered land survey (RLS)/minor subdivision proposed by CHAMA Mission LLC and John Pecchia at the property addressed as 3481 Laverne Avenue N., Lake Elmo. The request is to reconfigure the property boundaries to ensure that the former creamery building (building on west side of the site) is fully contained within its own dedicated parcel, so that this parcel may be sold by CHAMA Mission LLC to a different owner (John Pecchia). The subject property is currently made up of three parcels and through the RLS, it will consolidate into two parcels, one parcel containing the building for 3481 Laverne Avenue N. GENERAL INFORMATION Applicants: Location: Request: CHAMA Mission LLC and John Pecchia, 3481 Laverne Ave, Lake Elmo 3481 Laverne Ave, Lake Elmo | PIDs: 1302921320083, 1302921310003, 1302921310016 The request is to reconfigure the property boundaries to ensure that the former creamery building (building on west side of the site) is fully contained within its own dedicated parcel. Existing Zoning: VMX – Village Mixed Use Future Zoning: VMX - Village Mixed Use History: The Western building on site was formerly the Lake Elmo Creamery. The East side of the site was previously used as a lumber yard. Buildings on the site are currently used for storage and there is not a proposed change in use at this time. 2 Deadline Application Complete – 09/09/2025 for Action: 60 Day Deadline – 11/08/2025 City Council – 11/05/2025 Applicable Registered Land Survey: 103.00.040 Registered Land Survey Subdivision Regulations: 103.00.070 Minor Subdivisions VMX Zoning District: REQUEST DETAILS Registered Land Survey. Chama Mission LLC and John Pecchia are requesting City approval of an RLS to reconfigure the property lines at 3481 Laverne Ave. The proposed subdivision will result in the creation of two tracts. The former creamery building (3481 Laverne) is located on Tract A. Tract B is directly to the East which includes storage buildings that will remain the same use. This request would not create any additional building sites. Washington County is requiring a RLS instead of a lot line adjustment/consolidation process. REVIEW AND ANALYSIS Registered Land Survey (RLS): An RLS is a means of subdividing a Torrens parcel into separate tracts of land. Minnesota Statutes Section 508.47 outlines the standards and requirements for conveying Torrens property in Minnesota. The statute notes that “[t]he County Registrar of Title may require the owner of a registered parcel who wishes to convey any part of the Parcel to prepare a drawing known as a registered land survey.” Additionally, the statute states that an RLS must be approved by the City in the manner required for approval of subdivision plats. For this reason, the project is going through the minor subdivision process instead of an administrative lot line adjustment/consolidation process. Property Ownership: There are two different ways of owning and indexing real property in Minnesota: Abstract and Torrens (Registered). With Torrens property, the owner is issued a Certificate of Title, which forgoes the need for a chain of title (an abstract). A person who owns Torrens Property is assured that no one else has a claim to the property. Each time an owner voluntarily transfers property, a new Certificate of Title is created and only information that is currently relevant to title is shown on the Certificate (similar to a Certificate of Title for a vehicle). This process keeps the title of a Torrens property up to date. Once a property’s title is registered and becomes Torrens, no one can gain adverse possession rights against the title, including any prescriptive easement or statutory user rights. Registered Land Survey: No registered land survey of land in the city shall be recorded with the registrar of titles until the registered land survey has been approved by the city. The approval shall be indicated by resolution endorsed on or attached to the registered land survey signed by the mayor and city clerk. No registered land survey shall be approved by the city or signed by the officers if the recording of the registered land survey will result in a subdivision in violation of any provision, regulation, or requirement of this title. 3 Review of Registered Land Survey. The City may review the proposed RLS as a minor subdivision, as the proposed subdivision (RLS) is a division of land that results in no more than four parcels. The City may consider and review an RLS with one set of actions. This review process is the equivalent to the City reviewing a preliminary and a final plat simultaneously. CITY AGENCY REVIEW: 1.Fire Memo dated 9.23.2025 Provided standard fire comments regarding addressing, alarms and sprinkler system. 2.Engineering Memo dated 9.23.2025. Provided comments on utilities and access to properties. Conditions have been added regarding this memo. 3.Landscaping Memo dated 9.26.2025 4.City Attorney: Provided a RLS opionion dated 9.26.25 with request revisions. Conditions have been added regarding this memo. 5.Valley Branch Watershed District email (9.29.25) states that a VBWD permit must be obtained for all minor subdivisions. Utilities and Access: The engineering memo addresses concerns related to utilities to the site and how they will connect to the site to the east. The proposed easement through the parking area shall include the existing water and sewer stubs along with the vehicle access lane, which may result in an easement wider than the proposed 33’. To ensure flexibility for future development to the east, the City may require a utility easement along Upper 33rd Street. PUBLIC COMMENT: A public hearing notice was sent to surrounding properties on September 30, 2025.. A public hearing notice was published in the City’s official newspaper on October 3, 2025. •Staff has not received any public comment at this time. FINDINGS: Staff is recommending that the Planning Commission consider the following findings regarding the requests: •That the Former Creamery Building Registered Land Survey is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. •That the Former Creamery Building Registered Land Survey is consistent with the future development plans of the area and with the standards of the City’s Village Mixed Use zoning district. •That the Former Creamery Building Registered Land Survey meets the requirements of the City’s Registered Land Survey and Minor Subdivision regulations. RECOMMENDED CONDITIONS OF APPROVAL: 4 1. The applicant must obtain all other necessary City, state, and other governing body permits and approvals prior to release of the registered land survey for recording. 2. The City Attorney’s comments set forth in the plat opinion shall be addressed prior to release of the registered land survey for recording. 3.Any special assessments currently levied against the property subject to the minor subdivision shall be transferred or paid in full prior to release of the final registered land survey for recording. 4. The City Engineer’s comments set forth in the memo dated 9/23/2025 shall be addressed prior to release of any building permits to the satisfaction of the City. 5. Prior to recording the registered land survey, the applicant must dedicate right of way to the satisfaction of the City Engineer. 6. All proposed easements shall be subject to review and approval by the City prior to the release of the registered land survey for recording. 7.Redevelopment at 3481 Laverne must obtain sewer and water permits and pay associated fees prior to issuing any building permit and plans must be approved by the City engineer. 8.Redevelopment at 11320 Upper 33rd Laverne must obtain sewer, and water permits and pay associated fees prior to issuing any building permit and plans must be approved by the City engineer. 9. The applicant shall record the registered land survey and resolution within 180 days after approval and provide proof to the City. If both are not recorded within 180 days, approval of the minor subdivision shall be considered void, unless a request for a time extension is submitted in writing and approved by the council. RECOMMENDATION: Staff recommend that the Planning Commission recommend approval of the Registered Land Survey (RLS) No. 132. “Move to recommend approval of proposed Registered Land Survey No. 132 for the property located at 3481 Laverne Ave based on the findings of fact and the conditions presented in the staff report.” ATTACHMENTS: 1.Application Materials 2.Agency Review Memos •Fire Memo dated 9.23.2025 •Engineering Memo dated 9.23.2025 •Landscaping Memo dated 9.26.2025 •City Attorney Plat Opinion dated 9.26.25 •Valley Branch Watershed District email (9.29.25) 36TH ST. N.LAYTON AVE. N.LAVERNE AVE. N.UPPER 33RD ST . N .TITLE NOTES:0NORTH50100The following survey related exceptions appear on theLand Title, Inc., as agent for First American TitleInsurance Company Title Commitment No. 651265dated November 30, 2021.A reservation of all mineral rights and the right to exploreand remove such products and a right to maintain utilities oftypes per Book 310 of Deeds, page 47,(now as toTerms of Easement per Document Number 1155779.Easement and right of way for telecommunications cablesystem per Document Number 1234818.AREAS:EXISTINGTOTAL PARCEL AREA = 267,564 SQ.FT. / 6.14 ACRES.Parcels 2, 3 & 4 (COT #81073)= 191,919 SQ.FT. / 4.41 acres.Parcel 5 (COT #81074) = 35,722 SQ.FT. / 0.82 ACRES.Parcel 7 (COT #81072) = 39,923 SQ.FT. / 0.92 ACRESPID#1302921310016CONTACT:CHAMA MISSIONC/O David K. Snyder david@johnsonturner.com  / Direct Dial: 651-403-8972  /  F:651-464-7348  / www.johnsonturner.comMail to: 56 E. Broadway Ave.#206, Forest Lake, MN  55025JT23021SURVJT21EXISTINGCONDITIONSCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME3481 LAVERNE AVE. N.CITY OF LAKE ELMOWASHINGTONCOUNTY2-13-23PRELIMINARY ISSUECERTIFICATION: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:__________________3-3-22LAKE ELMOCREAMERY1.BEARINGS ARE BASED ON THE WASHINGTON COUNTYCOORDINATE SYSTEM NAD 1983. BEARING AREDIFFERENT THAN SHOWN ON THE LEGAL DESCRIPTIONS.ALL INTERIOR ANGLES MATCH THE CERTIFICATE OF TITLEANGLES .2.UNDERGROUND UTILITIES SHOWN PER EXISTING SURVEYINFORMATION AND AS-BUILTS PLANS PROVIDED BY THECITY OF LAKE ELMO PUBLIC WORKS DEPARTMENT.3.THERE MAY SOME UNDERGROUND UTILITIES, GAS,ELECTRIC, ETC. NOT SHOWN OR LOCATED.4.ALL IMPROVEMENTS SHOWN PER DIGITAL DATA PROVIDEDBY ANDERSON ENGINEERING OF MINNESOTA, LLC ASPROVDED BY THE OWNER. NOT FIELD VERIFIED.LEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONCRETE SURFACEBITUMINOUS SURFACESET 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 BORINGTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEFOUND MONUMENT MARKEDRLS 43501FOUND 3.5" JUDICIALLANDMARK MARKED RLS13775FOUND WASHINGTONCOUNTY MONUMENTMARKED RLS 26004PID#1302921320083PID#130292131003PID#130292131001711320UPPER 33RD ST. N.PID#1302921240020PID#1302921240024PID#1302921240021PID#1302921240022PID#1302921240019EXISTING LEGAL DESCRIPTION:UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELDSURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYORFURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWNARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THATTHEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUNDUTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST.CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallSURVEY NOTES:The legal description is as shown on the Land Title, Inc., as agent for First American Title Insurance Company TitleCommitment No. 651265 dated November 30, 2021.TRACT A: CERTIFICATE OF TITLE #81073Parcels 2, 3 and 4:All that part of the West half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County,Minnesota and all that part of Lots 13 through 22, Block 1, ELMO PARK and all that part of Lot 40, COUNTY AUDITOR’SPLAT NO. 8 according to the plats thereof; on file and of record in the office of the County Recorder, WashingtonCounty, Minnesota, described as follows: Commencing at the North Quarter Section corner of said Section 13; thenceSouth 88 degrees 32 minutes 13 seconds West, (bearings are based on the Washington County Project CoordinateSystem, South Zone), along the North line of said Section 13, a distance of 726.05 feet to its intersection with the Westline of the East 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, alongsaid West line of the East 726.00 feet of the West Half of Section 13, a distance of 2633.85 feet to Judicial Landmark No.7 and to its intersection with a Northeasterly extension of the Southerly line of Block 1, of said ELMO PARK, and to thepoint of beginning of this description; thence South 71 degrees 44 minutes 52 seconds West, along said Northeasterlyextension of the Southerly line of Block 1 ELMO PARK and along the Southerly line of Block 1, ELMO PARK, a distance of478.71 feet to Judicial Landmark No. 8 and to a point which is 21.25 feet Northeasterly from the Southwesterly cornerof said Lot 13, Block 1, ELMO PARK, and as measured along the Southerly line of said Lot 13, Block 1, ELMO PARK;thence North 18 degrees 15 minutes 08 seconds West, perpendicular to said Southerly line of Lot 13, Block 1, ELMOPARK, a distance of 157.29 feet to Judicial Landmark No. 16 and to its intersection with a line that bears North 89degrees 47 minutes 31 seconds East from the Northeast corner of Lot 21, Block 4, CLOVERDALE, according to the platthereof, on file and of record in the office of the County Recorder, Washington County, Minnesota; thence North 89degrees 47 minutes 31 seconds East, a distance of 11.09 feet to Judicial Landmark No. 1; thence North 71 degrees 45minutes 35 seconds East, a distance of 188.02 feet to Judicial Landmark No. 2; thence North 00 degrees 52 minutes 30seconds West, parallel with the East line of said Block 4,CLOVERDALE, distance of 346.30 feet to Judicial Landmark No.3 and to its intersection with an Easterly extension of the South line of 36TH Street North, formerly known as BuschAvenue, as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO on file and of recordin the office of the County Recorder, Washington County, Minnesota; thence South 89 degrees 07 minutes 28 secondsWest, along said Easterly extension of said South line of 36TH Street North, a distance of 40.00 feet to JudicialLandmark No. 4 and to its intersection with the East line of Layton Avenue North, formerly known as Chicago Avenue, asdescribed and dedicated in said BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees, 43 minutes04 seconds West, along said East line of Layton Avenue North, a distance of 59.97 feet to Judicial Landmark No. 5 andto its intersection with an Easterly extension of the North line of said 36TH Street North; thence North 89 degrees 02minutes 11 seconds East, along said Easterly extension of the North line of 36TH Street North, a distance of 353.76feet, more or less, to Judicial Landmark No. 6 and to its intersection with said West line of the East 726.00 feet of theWest Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of he East 726.00feet of the West Half of Section 13, a distance of 469.94 feet to Judicial Landmark No. 7 and to the point of beginning.The boundaries of Parcels 2, 3 and 4 have been marked by Judicial Landmarks set pursuant to Order in Torrens, CaseNo. C3-88-5612.Together with easement for storage purposes reserved in Document Number 1155779.(Torrens Property)TRACT B: CERTIFICATE OF TITLE #81074Parcel 5 – All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo,Washington County, Minnesota, and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the platthereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows:Beginning at Judicial Landmark No. 5 which is a point on the easterly line of Layton Avenue North as described anddedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO, on file and of record in the Office of theCounty Recorder, Washington County, Minnesota, with its intersection with an easterly extension of the north line of36th Street North, formerly known as Busch Avenue, as described and dedicated in said plat of BUSCH’S FIRSTADDITION TO CLOVERDALE ELMO; thence North 00 degrees 43 minutes 04 seconds West, along said east line of LaytonAvenue North, a distance of 101.00 feet to Judicial Landmark No. 14; thence North 89 degrees 02 minutes 11 secondsEast, parallel with said north line of 36th Street North, a distance of 353.61 feet to Judicial Landmark No. 15 and to itsintersection with the west line of the east 726.00 feet of said West Half of Section 13; thence South 00 degrees 48minutes 00 seconds East, along said west line of the east 726.00 of the West Half of Section 13, a distance of 101.00feet to Judicial Landmark No. 6 and to its intersection with an easterly extension of said north line of 36th Street North,and said point of intersection bears North 89 degrees 02 minutes 11 seconds East from the point of beginning; thenceSouth 89 degrees 02 minutes 11 seconds West, along said easterly extension of the north line of 36th Street North, adistance of 353.76 feet to Judicial Landmark No. 5 and to the point of beginning.Parcel 7: CERTIFICATE OF TITLE #81072All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County,Minnesota, and all that part of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4,CLOVERDALE and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plats thereof, on file and ofrecord in the office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at JudicialLandmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly fromthe southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13,Block 1, ELMO PARK; thence South 71 degrees 44 minutes 52 seconds West, along said southerly line of said Block 1,ELMO PARK, a distance of 228.65 feet to Judicial Landmark No. 9 and its intersection with the west line of the east 7.40feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to lastdescribed line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet toJudicial Landmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK; thence north 71degrees 44 minutes 52 seconds East, along said northerly line of Block 1, ELMO PARK, a distance of 1.70 feet to JudicialLandmark No. 11 and to its intersection with a southerly extension of the west line of Block 4, of said CLOVERDALE;thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block 4,CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 andto the middle of Lot 22, said Block 4, CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of123.67 feet to Judicial Landmark No. 13 and to the northeast corner of said Lot 21, Block 4 CLOVERDALE; THENCE North89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16 and to its intersectionwith a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15minutes 08 seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along saidperpendicular line, a distance of 157.29 feet to Judicial Landmark No. 8 and to the point of beginning.The boundaries of Parcel 5 and Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens CaseNo. C5-88-5613.(Torrens Property)1-15-23PRELIMINARY ISSUE3-1-24ISSUED3-1-24RESTRICTED AREA4-2-25EXISTING CONDITIONS SURVEYDENOTES DISTANCE AS SHOWN ON THECERTIFICATE OF TITLEDENOTES BEARING AS SHOWN ON THECERTIFICATE OF TITLEDENOTES BEARING PER WASHINGTONCOUNTY COORDINATES.8-5-25ADD WELL/SEPTIC NORTH(NOT TO SCALE)SEC. 13, TWP. 29, RNG. 21,LAKE ELMO, WASHINGTON COUNTY,MINNESOTAVICINITY MAPSITESCALE IN FEETNORTHSCALE: 1 INCH = 30 FEET03060DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718. DENOTES FOUND WASHINGTON COUNTY CAST IRON MONUMENT13THE ORIENTATION OF THIS BEARING SYSTEM IS BASEDUPON THE NORTH LINE OF THE NW 1/4 OF SEC. 13,T29, R21, WHICH IS ASSUMED TO HAVE THEBEARING OF S89°21'23"E.DENOTES BEARING OR DISTANCE AS SHOWN ON CERTIFICATE OF TITLE NO. 81072LAND SURVEYING, INC.CORNERSTONEREGISTERED LAND SURVEY NO. 132I, Daniel L. Thurmes, Licensed Land Surveyor, do hereby certify that, in accordance with the provisions of Minnesota Statutes, Section 508.47, I have surveyedand divided the following described property situated in the County of Washington, State of Minnesota to wit:Certificate of Title No. 81072PARCEL 7: All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all thatpart of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4, CLOVERDALE and all that part of Lot 40, COUNTYAUDITOR'S PLAT NO. 8, according to the plats thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota, describedas follows: Beginning at Judicial Landmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly from thesouthwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13, Block 1, ELMO PARK: thence South 71degrees 44 minutes 52 seconds West, along said southerly line of said Block 1 ELMO PARK, a distance of 228.65 feet to Judicial Landmark No. 9 and itsintersection with the west line of the east 7.40 feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West,perpendicular to last described line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet to JudicialLandmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK: thence north 71 degrees 44 minutes 52 seconds East, alongsaid northerly line of Block 1, ELMO PARK, a distance of 1. 70 feet to Judicial Landmark No. 11 and to its intersection with a southerly extension of thewest line of Block 4, of said CLOVERDALE; thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block4, CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 and to the middle of Lot 22, saidBlock 4 CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of 123.67 feet to Judicial Landmark No. 13 and to the northeastcorner of said Lot 21 Block 4 CLOVERDALE; thence North 89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16and to its intersection with a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15 minutes 08seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along said perpendicular line, a distance of 157.29 feetto Judicial Landmark No. 8 and to the point of beginning.The boundaries of Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens Case No. C5-88-5613.I hereby certify that this Registered Land Survey was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor under the lawsof the State of Minnesota and that this Registered Land Survey is a correct representation of said parcel of land.Dated this __________________ day of __________________________, 202_____.________________________________________Daniel L. Thurmes, Licensed Land SurveyorMinnesota License No. 25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged before me on this ________________ day of _________________________________________, 202___, byDaniel L. Thurmes, Licensed Land Surveyor.___________________________________________ (signature) ___________________________________________________ (print)Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2030CITY OF LAKE ELMOI do hereby certify that on this _________ day of _______________________________, 202___, the City Clerk of the City of Lake Elmo, Washington County,Minnesota, has approved this Registered Land Survey.By:__________________________________________ ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and Minnesota Statutes, Section 389.09, Subd. 1, this Registered Land Survey has been approvedthis __________________ day of ____________________________________, 202___.By: ______________________________________________ By___________________________________________ Washington County SurveyorWASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 508.47, Subd. 4, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Alsopursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered,on this ___________ day of _____________________________ 202___.By ________________________________ By ________________________________________Washington County Auditor/Treasurer DeputyWASHINGTON COUNTY REGISTRAR OF TITLESDocument Number _________________________________I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record onthis ____________ day of __________________________, 202___, at __________________ o'clock ____. M., and was duly recorded in Washington County Records.By_____________________________________ By ___________________________________________Washington County Registrar of Titles DeputyN17°08'56"W176.73168.0262.7816.79 60.63FOUND MONUMENT MARKED RLS 43501FOUND 3.5 INCH JUDICIAL LANDMARK MARKED RLS 13775FOUND WASHINGTON COUNTY MONUMENT MARKED RLS 26004TRACT ATRACT B 36TH ST. N.LAYTON AVE. N.LAVERNE AVE. N.UPPER 33RD ST . N .EDGE OFBRICKBUILDINGPROPOSED EASEMENTN17°08'56"W176.73168.0262.7816.7960.63EXISTINGPARCEL LINEPER DOC. NO.__________UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELDSURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYORFURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWNARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THATTHEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUNDUTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST.CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallSURVEY NOTES:TITLE NOTES:0NORTH50100The following survey related exceptions appear on theLand Title, Inc., as agent for First American TitleInsurance Company Title Commitment No. 651265dated November 30, 2021.A reservation of all mineral rights and the right to exploreand remove such products and a right to maintain utilities oftypes per Book 310 of Deeds, page 47,(now as toTerms of Easement per Document Number 1155779.Easement and right of way for telecommunications cablesystem per Document Number 1234818.PROPOSED AREAS:PARCEL A (TRACT A) = 29,871 SQ.FT.PARCEL B (REMAINDER) = 237,693 SQ.FT.EASEMENT AREA = 4,623 SQ.FT.PID#1302921310016CONTACT:CHAMA MISSIONC/O David K. Snyder david@johnsonturner.com  / Direct Dial: 651-403-8972  /  F:651-464-7348  / www.johnsonturner.comMail to: 56 E. Broadway Ave.#206, Forest Lake, MN  55025JT23021SURVJT21PROPOSEDCONDITIONSCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME3481 LAVERNE AVE. N.CITY OF LAKE ELMOWASHINGTONCOUNTY2-13-23PRELIMINARY ISSUECERTIFICATION: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:__________________LAKE ELMOCREAMERY1.BEARINGS ARE BASED ON THE WASHINGTON COUNTYCOORDINATE SYSTEM NAD 1983. BEARING AREDIFFERENT THAN SHOWN ON THE LEGAL DESCRIPTIONS.ALL INTERIOR ANGLES MATCH THE RECORDED PLATANGLES .2.UNDERGROUND UTILITIES SHOWN PER EXISTING SURVEYINFORMATION AND AS-BUILTS PLANS PROVIDED BY THECITY OF LAKE ELMO PUBLIC WORKS DEPARTMENT.3.THERE MAY SOME UNDERGROUND UTILITIES, GAS,ELECTRIC, ETC. NOT SHOWN OR LOCATED.4.ALL IMPROVEMENTS SHOWN PER DIGITAL DATA PROVIDEDBY ANDERSON ENGINEERING OF MINNESOTA, LLC ASPROVDED BY THE OWNER. NOT FIELD VERIFIED.LEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONCRETE SURFACEBITUMINOUS SURFACESET 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 BORINGTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEFOUND MONUMENT MARKEDRLS 43501FOUND 3.5" JUDICIALLANDMARK MARKED RLS13775FOUND WASHINGTONCOUNTY MONUMENTMARKED RLS 26004PID#1302921320083PID#130292131003PID#130292131001711320UPPER 33RD ST. N.PID#1302921240020PID#1302921240024PID#1302921240021PID#1302921240022PID#1302921240019PROPOSED LEGAL DESCRIPTION:An easement for Ingress, Egress, Driveway, Drainage and Utility purposes 33.00 feet inwidth over, under and across that part of the following described property: Tract A, REGISTERED LAND SURVEY NO. ______, Washington County, Minnesota.The northerly line of said easement is described as COMMENCING at the northwesterlycorner of said Tract A; thence South 00 degrees 05 minutes 34 seconds East along thewesterly line of said Tract A a distance of 28.20 feet to the POINT OF BEGINNING of theline to be described; thence North 89 degrees 55 minutes 22 seconds East a distance of32.01 feet; thence North 74 degrees 08 minutes 07 seconds East a distance of 117.20feet to the easterly line of said Tract A and said line there terminating.PROPOSED EASEMENT1-15-23PRELIMINARY ISSUE3-1-24ISSUED3-1-24RESTRICTED AREA3-3-22THE FOLLOWING PROPOSED LEGAL DESCRIPTIONS ARE BASED ON THE REGISTERED LAND SURVEY NO. _____ BEINGRECORDED.TRACT A: CERTIFICATE OF TITLE #81073Parcels 2, 3 and 4:All that part of the West half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County,Minnesota and all that part of Lots 13 through 22, Block 1, ELMO PARK and all that part of Lot 40, COUNTY AUDITOR’SPLAT NO. 8 according to the plats thereof; on file and of record in the office of the County Recorder, WashingtonCounty, Minnesota, described as follows: Commencing at the North Quarter Section corner of said Section 13; thenceSouth 88 degrees 32 minutes 13 seconds West, (bearings are based on the Washington County Project CoordinateSystem, South Zone), along the North line of said Section 13, a distance of 726.05 feet to its intersection with the Westline of the East 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, alongsaid West line of the East 726.00 feet of the West Half of Section 13, a distance of 2633.85 feet to Judicial Landmark No.7 and to its intersection with a Northeasterly extension of the Southerly line of Block 1, of said ELMO PARK, and to thepoint of beginning of this description; thence South 71 degrees 44 minutes 52 seconds West, along said Northeasterlyextension of the Southerly line of Block 1 ELMO PARK and along the Southerly line of Block 1, ELMO PARK, a distance of478.71 feet to Judicial Landmark No. 8 and to a point which is 21.25 feet Northeasterly from the Southwesterly cornerof said Lot 13, Block 1, ELMO PARK, and as measured along the Southerly line of said Lot 13, Block 1, ELMO PARK;thence North 18 degrees 15 minutes 08 seconds West, perpendicular to said Southerly line of Lot 13, Block 1, ELMOPARK, a distance of 157.29 feet to Judicial Landmark No. 16 and to its intersection with a line that bears North 89degrees 47 minutes 31 seconds East from the Northeast corner of Lot 21, Block 4, CLOVERDALE, according to the platthereof, on file and of record in the office of the County Recorder, Washington County, Minnesota; thence North 89degrees 47 minutes 31 seconds East, a distance of 11.09 feet to Judicial Landmark No. 1; thence North 71 degrees 45minutes 35 seconds East, a distance of 188.02 feet to Judicial Landmark No. 2; thence North 00 degrees 52 minutes 30seconds West, parallel with the East line of said Block 4,CLOVERDALE, distance of 346.30 feet to Judicial Landmark No.3 and to its intersection with an Easterly extension of the South line of 36TH Street North, formerly known as BuschAvenue, as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO on file and of recordin the office of the County Recorder, Washington County, Minnesota; thence South 89 degrees 07 minutes 28 secondsWest, along said Easterly extension of said South line of 36TH Street North, a distance of 40.00 feet to JudicialLandmark No. 4 and to its intersection with the East line of Layton Avenue North, formerly known as Chicago Avenue, asdescribed and dedicated in said BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees, 43 minutes04 seconds West, along said East line of Layton Avenue North, a distance of 59.97 feet to Judicial Landmark No. 5 andto its intersection with an Easterly extension of the North line of said 36TH Street North; thence North 89 degrees 02minutes 11 seconds East, along said Easterly extension of the North line of 36TH Street North, a distance of 353.76feet, more or less, to Judicial Landmark No. 6 and to its intersection with said West line of the East 726.00 feet of theWest Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of he East 726.00feet of the West Half of Section 13, a distance of 469.94 feet to Judicial Landmark No. 7 and to the point of beginning.The boundaries of Parcels 2, 3 and 4 have been marked by Judicial Landmarks set pursuant to Order in Torrens, CaseNo. C3-88-5612.Together with easement for storage purposes reserved in Document Number 1155779.(Torrens Property)ANDTRACT B: CERTIFICATE OF TITLE #81074Parcel 5 – All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo,Washington County, Minnesota, and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the platthereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows:Beginning at Judicial Landmark No. 5 which is a point on the easterly line of Layton Avenue North as described anddedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO, on file and of record in the Office of theCounty Recorder, Washington County, Minnesota, with its intersection with an easterly extension of the north line of36th Street North, formerly known as Busch Avenue, as described and dedicated in said plat of BUSCH’S FIRSTADDITION TO CLOVERDALE ELMO; thence North 00 degrees 43 minutes 04 seconds West, along said east line of LaytonAvenue North, a distance of 101.00 feet to Judicial Landmark No. 14; thence North 89 degrees 02 minutes 11 secondsEast, parallel with said north line of 36th Street North, a distance of 353.61 feet to Judicial Landmark No. 15 and to itsintersection with the west line of the east 726.00 feet of said West Half of Section 13; thence South 00 degrees 48minutes 00 seconds East, along said west line of the east 726.00 of the West Half of Section 13, a distance of 101.00feet to Judicial Landmark No. 6 and to its intersection with an easterly extension of said north line of 36th Street North,and said point of intersection bears North 89 degrees 02 minutes 11 seconds East from the point of beginning; thenceSouth 89 degrees 02 minutes 11 seconds West, along said easterly extension of the north line of 36th Street North, adistance of 353.76 feet to Judicial Landmark No. 5 and to the point of beginning.ANDTract B, REGISTERED LAND SURVEY NO. ______Tract A, REGISTERED LAND SURVEY NO. ______4-2-25REMAINDER SURVEYDENOTES DISTANCE AS SHOWN ON THECERTIFICATE OF TITLEDENOTES BEARING AS SHOWN ON THECERTIFICATE OF TITLEDENOTES BEARING PER WASHINGTONCOUNTY COORDINATES.TRACT ATRACT BPROPOSEDREGISTEREDLANDSURVEYNEWPARCELLINEPARCEL BPARCEL A 8-5-25PROPOSED CONDITIONS LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education September 23, 2025 Sophia Jensen, Planner City of Lake Elmo Re: Minor Subdivision - Creamery Prepared by: Anthony Svoboda, Fire Marshal Approved by: Dustin Kalis, Fire Chief Applicable Codes: • 2020 Minnesota State Fire Code • 2020 Minnesota State Building Code • Lake Elmo Fire Department Fire Code Policies • NFPA 13, 2016 edition • NFPA 13D, 2016 edition Fire Department Comments: 1) Street names and addressing shall be consistent with the Washington County Uniform Street Naming and Property Numbering System. 2) Building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background. Size and placement of address numbers shall be approved by the fire and planning departments. 3) A fire sprinkler system shall be installed in commercial buildings when a change in use occurs in accordance with the Minnesota State Fire Code and Chapter 1306 of the Minnesota State Building Code. A permit is required prior to work. a. Fire Department sprinkler connection locations shall be approved prior to installation. 4) A fire alarm system shall be installed in commercial buildings in accordance with the Minnesota State Fire Code (907.2.3) and Lake Elmo Ordinances. A permit is required prior to work. 5) A KNOX rapid access lockbox shall be installed in an approved location, on all commercial buildings. a. Multiple KNOX rapid access lockboxes may be required as determined by the fire department. 6) KNOX locking Fire Department Connection Caps shall be installed on all fire department connections. Questions, clarifications, or the request to provide code documents can be made using the contact information listed below. Respectfully, MEMORANDUM Date: September 23, 2025 To: Ashley Monterusso, City Planner Re: Minor Subdivision Jason Stopa, Community Development Director 3481 Laverne Avenue Marty Powers, Public Works Director Nate Stanley, City Engineer Chad Isakson, Assistant City Engineer From: Jack Griffin, Sr. Project Manager An engineering review has been completed for the proposed Minor Subdivision at 3481 Laverne Avenue and 11320 Upper 33rd Street, received on September 9, 2025. The review consisted of the following documentation: · Existing Conditions Certificate of Survey with revision date of August 5, 2025. · Proposed Conditions Certificate of Survey with revision date of August 5, 2025. STATUS/FINDINGS: A review of the existing and proposed legal descriptions and surveys was not completed by engineering. If a review of this information is needed, a legal land surveyor will need to be retained for the review. Engineering has the following comments for consideration. 1. Right-of-way Dedication. Additional ROW dedication is required along Laverne Avenue as depicted on the attached Exhibit A. 2. Public Roadway Access. The Minor Subdivision application needs to address access to a public roadway for each property, including 3481 Lavene Avenue and 11320 Upper 33rd Street. The application remains silent on this issue. The Proposed Certificate of Survey appears to show a proposed 33-ft wide easement, however an easement agreement has not been included that identifies the purpose of this easement nor the applicable parties to the easement. 3. As part of the Minor Subdivision the driveway access should be brought to code, requiring the driveway to be paved within the entire right-of-way. 4. Both properties reside within the MUSA. As part of the Minor Subdivision both properties must be connected to city sewer and city water. A drainage and utility easement must be provided across the property at 3481 Laverne Avenue for the private water/sewer services extending to 11320 Upper 33rd Street. Existing septic systems must be properly abandoned. LaverneAveNU p p e r 3 3 r d S t NLaverneAveNLakeElmoFire D e p a r t m e n t C a n d N W R a ilr o a d U p p e r 3 3 r d S t N U p p e r 3 3 r d S t N C a n d N W R a ilr o a d U p p e r 3 3 r d S t N U p p e r 3 3 r d S t N 3520 11320 11320 3585 3407 3413 3415 3481 3411 3510 11178 11200 11320 WH317 WH318 WH316 WH319 WM44 WV453 WV459 WV200418 SI1212 SI1211 SI1207 SI1210 SI1209 SI1213 130047 130049 SMH242 SMH240 130048 SMH239 S-13-02 SMH241 WWMH198 WWMH206 WWMH205 WWMH208 WWMH207 Lake Elmo GIS Maxar, Microsoft, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community Sewer Manhole Sewer Pipe Storm Manhole Storm Inlet Storm Pipe Storm Catchment Water Valve Water Meter Water Hydrant Water Curb Stop Water Pipe Water Lateral City Limits Parcels 9/23/2025, 11:37:58 AM 0 80 16040 ft 0 25 5012.5 m 1:971 Memorandum 800 Washington Avenue North, Suite 207 Minneapolis, MN 55401 September 26, 2025 TO : ASHLEY MONTERUSSO FROM: PATRICK O’KEEFFE, PLA RE: PECCHIA MINOR SUBDIVISION/REGISTERD LAND SURVEY – SUBDIVISION PARCEL REVIEW SUBMITTALS 1. Subdivision Parcel Review, dated July 7, 2025, received September 09, 2025. REVIEW HISTORY 1. Subdivision Parce l Review September 26, 2025 LOCATION: 3481 Laverne Ave N, Lake Elmo, MN 55042 CURRENT LAND USE CATEGORY: Commercial ADJACENT AND SURROUNDING LAND USE: Commercial SPECIAL LANDSCAPE PROVISIONS: ex. Shoreland overlay district GENERAL NOTES: • Nothing landscape related is needed at this time but will need to be addressed with any change of use/building permits. RECOMMENDATION: Once the landscape plans have been developed, they must be submitted for review and approval. Patrick O’Keeffe, PLA (MN, CO) City of Lake Elmo Municipal Landscape Architect P: (651) 324-5277 E: patrick@hkgi.com 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 LA515\161\1051418.v2 SAMANTHA C. ZUEHLKE Attorney at Law Direct Dial (612) 337-9205 Email: szuehlke@kennedy-graven.com September 26, 2025 VIA E-MAIL ONLY Ms. Ashley Monterusso City Planner City of Lake Elmo 3880 Laverne Avenue N Lake Elmo, MN 55042 RE: City of Lake Elmo - Opinion for Minor Subdivision - REGISTERED LAND SURVEY NO. 132 Dear Sophia: At the City’s request, I have reviewed the title commitment issued by Stewart Title Guaranty Company, their File No. MN72016, with an effective date of June 16, 2025 (the “Commitment”). I have reviewed Certificate of Title No. 81072 (the “Certificate”). I have also reviewed a registered land survey prepared by Cornerstone Land Surveying, Inc., which is titled REGISTERED LAND SURVEY NO. 132 (the “RLS”). This minor subdivision letter is in response to an application made to the City of Lake Elmo dated July 16, 2025. The Commitment purports to cover the following legal description: Parcel 7: All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4, CLOVERDALE and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plats thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly from the southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13, Block 1, ELMO PARK; thence South 71 degrees 44 minutes 52 seconds West, along said southerly line of said Block 1 ELMO PARK, a distance of 228.65 feet to Judicial Landmark Ms. Ashley Monterusso September 26, 2025 Page 2 LA515\161\1051418.v2 No. 9 and its intersection with the west line of the east 7.40 feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to last described line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet to Judicial Landmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK; thence north 71 degrees 44 minutes 52 seconds East, along said northerly line of Block 1, ELMO PARK, a distance of 1.70 feet to Judicial Landmark No. 11 and to its intersection with a southerly extension of the west line of Block 4, of said CLOVERDALE; thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block 4, CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 and to the middle of Lot 22, said Block 4 CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of 123.67 feet to Judicial Landmark No. 13 and to the northeast corner of said Lot 21 Block 4 CLOVERDALE; thence North 89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16 and to its intersection with a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15 minutes 08 seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along said perpendicular line, a distance of 157.29 feet to Judicial Landmark No. 8 and to the point of beginning. The boundaries of Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens Case No. C5-88-5613. Torrens Property: Certificate of Title No. 81072. (the “Property”). Based on my review of the Commitment, the Certificate, and the RLS, I have the following comments regarding the minor subdivision application: 1. Ownership Interests. According to the Commitment and the Certificate, the owner of the Property is Chama Mission, LLC, a Minnesota limited liability company. a. The fee owner of the Property does not need to sign the RLS. A Brian Zeller signed both the minor subdivision application and the affirmation of sufficient interest. From reviewing the Minnesota Secretary of State records, Brian Zeller’s affiliation with Chama Mission, LLC is unclear. The fee owner should provide documentation that Brian Zeller is affiliated with the fee owner of the Property and may sign on its behalf. b. According to the Commitment and the Certificate, Royal Credit Union has a mortgagee interest in the Property. The mortgage will likely need to be amended or partially released to reflect the legal description of the Property after the subdivision Ms. Ashley Monterusso September 26, 2025 Page 3 LA515\161\1051418.v2 and the sale of a portion of the Property to the Applicant. No further action is required. 2. Application for Subdivision. a. The surveys depict the Property before and after the subdivision. The application conforms with City Code Sec. 103.00.070(b), allowing for minor subdivisions resulting in four or fewer parcels. The surveys prepared by Cornerstone Land Surveying identify the intent to adjust the lot lines of three parcels, resulting in two parcels. The resulting parcels will have access to Upper 33rd Street North. There is an existing building that will extend across the property line created by the RLS. The fee owner of the Property will need to enter into either a party wall or an encroachment agreement to address their rights and responsibilities with respect to the wall. PID Nos. 13.029.21.31.0016, 13.029.21.31.0003, and are each zoned C - Commercial 13.029.21.32.0083. Both Tract A and Tract B resulting from the RLS must comply with the lot dimension and setback requirements for the C – Commercial District located in City Code Sec. 105.12.930, Table 12-2. As described above, the fee owner should provide documentation that Brian Zeller is affiliated with the fee owner of the Property and may sign the subdivision application materials on its behalf. The Applicant and the Owner have not yet signed the deposit agreement. 3. Commitment Exceptions. The Commitment is subject to the following exceptions: a. A Mortgage in favor of Royal Credit Union, filed April 18, 2022, as Document No. 1280979; and Assignment of Rents and Leases in favor of Royal Credit Union, filed April 18, 2022, as Document No. 1280980. The mortgage will likely need to be amended or partially released to reflect the legal description of the Property after the subdivision and the sale of a portion of the Property to the Applicant, as described above in Paragraph 1.b. No further action is required. The Certificate additionally discloses a temporary construction easement in favor of Washington County, filed July 20, 2015 as Document No. 1235230. The easement has expired by its terms. No further action is required. 4. Registered Land Survey. I require review of the following revisions. Ms. Ashley Monterusso September 26, 2025 Page 4 LA515\161\1051418.v2 a. The legal description on the RLS must match the Commitment and the Certificate exactly. “Block 1 ELMO PARK, a distance of 228.65” must be revised to “Block 1, ELMO PARK, a distance of 228.65” and “1. 70 feet to Judicial Landmark No. 11” must be revised to “1.70 feet to Judicial Landmark No. 11”. b. The City governing body approval certificate must be revised to: We do hereby certify that on the ___ day of ________________, 20__, the City Council of the City of Lake Elmo, Minnesota, has approved this Registered Land Survey. c. The RLS must be signed by both the City Clerk and the Mayor, pursuant to City Code 103.00.040. d. The County surveyor certificate must be revised as follows: Pursuant to Minnesota Statutes, Section 389.09, Subd. 1, this Registered Land Survey is approved this ____ day of _____________, 20__. ______________________________ (insert County Surveyor’s name here) Washington County Surveyor 5. Taxes and Special Assessments. All real estate taxes due in the year the RLS is to be recorded (including delinquent taxes and any deferred Green Acres taxes) must be paid prior to recording the RLS. All special assessments must be paid prior to recording the RLS. Any special assessments against any part of the Property can be reapportioned among the new lots as provided in Minnesota Statutes Section 429.071(3). PID No. 13.029.21.31.0016 (Commercial/Industrial) 2025 base taxes: $5,924.00 2025 taxes in the amount of $5,924.00 are half paid. There are no levied or pending special assessments. PID No. 13.029.21.31.0003 (Commercial/Industrial) 2025 base taxes: $332.00 2025 taxes in the amount of $332.00 are half paid. There are no levied or pending special assessments. PID No. 13.029.21.32.0083 (Commercial/Industrial) 2025 base taxes: $566.00 2025 taxes in the amount of $566.00 are half paid. There are no levied or pending special assessments. Ms. Ashley Monterusso September 26, 2025 Page 5 LA515\161\1051418.v2 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 RLS and related issues of interest to the City in connection with the subdivision, as evidenced by the Commitment. Please contact me if you have any questions regarding this information. Thank you. Sincerely, Samantha C. Zuehlke Samantha C. Zuehlke Registered Land Survey #132 | Minor Subdivision 3481 Laverne Ave Planning Commission Meeting 10/15/2025 Background/Context Why does a Registered Land Survey need to go through the Minor Subdivision process? Typically, an application that requests lot line adjustments or division can be processed administratively. However – because this property is Torrens, the county has required that it be processed as a registered land survey . The City reviews registered land surveys through the minor subdivision process per state statute. Background Proposed RLS Proposal Analysis - Minor Subdivision TRACT A TRACT B Current Proposed Analysis – Review of the minor subdivision criteria: •RLS #132 will result in no more than four parcels. The property will become two parcels. •RLS #132 will not require any new rights -of -way or streets. Existing road right -of -way will be dedicated to clean up the area. •Easements are to be dedicated where applicable. •This request will meet the City’s VMX zoning lot dimension and bulk building requirements. The buildings are already existing. •The request will comply with the City of Lake Elmo’s access spacing and location. No new driveways or access points are proposed with the request . Agency Review •Fire Memo dated 9.26.2025 ⚬Provided standard fire comments regarding addressing, alarms and sprinklers system. •Engineering Memo dated 9.26.2025⚬Provided comments on utilities and access to properties. Conditions have been added regarding this memo. •Landscaping Memo dated 9.26.2025⚬No comments at this time •City Attorney provided registered land survey opinion dated 9.26.25 ⚬Requested revisions. Conditions have been added regarding this memo. •Valley Branch Watershed District email (10.3.25)⚬ States that a VBWD permit must be obtained for all minor subdivisions. Public Hearing A public hearing notice was sent to surrounding properties on September 30, 2025. A public hearing notice was published in the City’s official newspaper on October 3, 2025. Staff have not received public comments at this time. Recommended Conditions of Approval (9) 1.The applicant must obtain all other necessary City, state, and other governing body permits and approvals prior to release of the registered land survey for recording. 2.The City Attorney’s comments set forth in the RLS opinion shall be addressed prior to release of the registered land survey for recording. 3.Any special assessments currently levied against the property subject to the RLS shall be transferred or paid in full prior to release of the final registered land survey for recording. 4.The City Engineer’s comments set forth in the memo dated 9/23/2025 shall be addressed prior to release of any building permits to the satisfaction of the City. 5. Prior to recording the registered land survey, the applicant must dedicate right of way to the satisfaction of the City Engineer. Recommended Conditions of Approval (continued) 6. All proposed easements shall be subject to review and approval by the City prior to the release of the registered land survey for recording. 7. Redevelopment at 3481 Laverne must obtain sewer and water permits and pay associated fees prior to issuing any building permit and plans must be approved by the City engineer. 8. Redevelopment at 11320 Upper 33rd Laverne must obtain sewer, and water permits and pay associated fees prior to issuing any building permit and plans must be approved by the City engineer. 9. The applicant shall record the registered land survey and resolution within 180 days after approval and provide proof to the City. If both are not recorded within 180 days, approval of the Registered Land Survey #132 shall be considered void, unless a request for a time extension is submitted in writing and approved by the council. Recommended Findings Staff is recommending that the Planning Commission consider the following findings regarding the requests: •That the Registered Land Survey #132 is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. •Registered Land Survey #132 meets the requirements of the City’s Registered Land Survey / Minor Subdivision regulations. “Move to recommend approval of proposed Registered Land Survey No. 132 for the property located at 3481 Laverne Ave based on the findings of fact and the conditions presented in the staff report.” RECOMMENDED MOTION TREE FUND TEXT AMENDMENT Planning Commission| October 15, 2025 Background •The Tree Fund was presented at the June 2025 Council Workshop •The City received a $50,000 payment from Greater Stillwater Schools for tree mitigation when the new elementary school was approved. •The current code allows for a fee-in-lieu but doesn’t specify how the funds should be spent. Using the funds to replace trees was discussed during the approval process. •The City does not have a tree fund separate from park dedication funds. •The City does not have a right-of-way (ROW) boulevard tree replacement program. Issue Before the Commission Should the City of Lake Elmo consider a zoning text amendment to create a Tree Fund? Proposed Language Chapter 105.12.470 Tree Preservation and add section (g) Tree Fund. g) Tree Fund. (1) Purpose. The purpose is to provide a dedicated fund for tree replacement throughout the city. (2) Funding Sources. The primary funding sources will be from fee-in-lieu of tree replacement, funds allocated by the City Council, and individual and business donations. (3) Eligible Expenses. Funds shall be spent on programs approved by the City Council, which include but are not limited to, a boulevard tree program. Public Comment Staff did not receive comments. Recommendation Staff recommend that the Planning Commission hold a public hearing for this item and consider the following recommendation to the City Council for approval: Motion “Move to recommend the City Council approve the text amendment to create a Tree Fund” STAFF REPORT DATE: 10/15/2025 Public Hearing TO: Lake Elmo City Council FROM: Jason Stopa, Community Development Director AGENDA ITEM: Tree Fund Zoning Text Amendment REVIEWED BY: Ashley Monterusso, City Planner CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☒ Resilient Infrastructure BACKGROUND: The City received a $50,000 payment from Greater Stillwater Schools for tree mitigation when the new elementary school was approved. The current code allows for a fee-in-lieu but doesn’t specify how the funds should be spent. Using the funds to replace trees was discussed during the approval process. The City does not have a tree fund separate from park dedication funds. The City does not have a right -of-way (ROW) boulevard tree replacement program. 105.12.470 Tree Preservation(f)(2). The City Council may require payment to the City of a fee-in-lieu of tree replacement, payment of additional park dedication fees; the implementation of woodland management practices by the applicant; or the planting of replacement trees on City property by the applicant under direction of the City Public Works Director; or a combination of these methods as a condition of the City approving relief or an exception from the City tree preservation and replacement standards. The amount of the fee-in-lieu of tree replacement is set forth in the City's fee schedule. This item was presented at the June 2025 workshop and was well received by the Council. ISSUE BEFORE the PLANNING COMMISSION: Should the City of Lake Elmo consider a zoning text amendment to create a Tree Fund? PROPOSAL DETAILS/ANALYSIS: The City could amend chapter 105.12.470 Tree Preservation and add section (g) Tree Fund. Proposed Language: g) Tree Fund. (1) Purpose. The purpose is to provide a dedicated fund for tree replacement throughout the city. (2) Funding Sources. The primary funding sources will be from fee-in-lieu of tree replacement, funds allocated by the City Council, and individual and business donations. (3) Eligible Expenses. Funds shall be spent on programs approved by the City Council, which include but are not limited to, a boulevard tree program. This would allow for the City to receive funds directly for tree preservation and replacement. It would also provide a fund for the $50,000 payment from the School District. The fund could be used on boulevard trees and/or other programs approved by the Council. PUBLIC COMMENTS: Staff did not receive comments. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Staff recommend that the Planning Commission hold a public hearing for this item and consider the following recommendation to the City Council for approval: “Move to recommend the City Council approve the text amendment to create a Tree Fund” ATTACHMENTS: