HomeMy WebLinkAboutResolution 2015-56 Lennar Diedrich Preliminary Plat Res 2015-056 (2)CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2015-056
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR
THE LENNAR DIEDRICH TOWNHOUSES
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Lennar Corporation, 16305 36th Avenue North, Plymouth, MN (Applicant)
has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the
Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo
Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015
to consider the Preliminary Plat request; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
from Community Development Director Kyle Klatt for the July 7, 2015 Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July
7, 2014 and made the following findings of fact:
1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2) That the preliminary plat complies with the City’s Urban Medium Density Residential
zoning district regulations.
3) That the preliminary plat complies with all other applicable zoning requirements,
including the City’s landscaping, storm water, sediment and erosion control and other
ordinances with the plan revisions as requested by City Staff and consultants.
4) That the preliminary plat complies with the City’s subdivision ordinance.
5) That the preliminary plat is consistent with the City’s engineering standards provided the
plans are updated to address the City Engineer’s comments documented in a letter dated
June 17, 2014.
6) That there are no City parks located within ½ mile of the proposed subdivision.
7) That the updated development plans indicate that proposed structures on Lots 29-32 are
located too close to the property line and that the development plans must be updated to
move these structures to the required setbacks prior to the submission of a final plat.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the
following conditions:
1) The landscape plan and tree preservation plan shall be reviewed and approved by an
independent forester or landscape architect in advance of the approval of a final plat and
final construction plans.
2) The final landscape plan shall incorporate additional plantings where feasible adjacent to
the shared property lines with parcel at 11490 Hudson Boulevard.
3) The applicant shall be responsible for updating the final construction plans to include the
construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way
as required by Washington County and further described in the review letter received
from the County dated March 3, 2015. The required improvements shall include, but not
be limited to the construction of a northbound right turn lane and southbound center turn
lane.
4) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from the Valley Branch
Watershed District prior to the commencement of any grading or development activity on
the site.
5) The applicant shall enter into a maintenance agreement with the City that clarifies the
individuals or entities responsible for any landscaping installed in areas outside of land
dedicated as public park and open space on the final plat.
6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to
the fair market value for the amount of land that is required to be dedicated for such
purposes in the City’s Subdivision Ordinance. A cash payment in lieu of land dedication
shall be paid by the applicant prior to the release of the final plat for recording.
7) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The
City Engineer shall review any grading plan that is submitted in advance of a final plat,
and said plan shall document extent of any proposed grading on the site.
8) All required modifications to the plans as requested by the City Engineer in a review
letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a
final plat.
9) The applicant shall update all of the landscaping and construction plans to reflect the
updated site plan that includes a public right-of-way within the project area. These
updated plan shall be subject to review and approval by the City Engineer.
10) Although the updated site plan does not incorporate a private street, any request for
flexibility from City regulations and standards must be considered and addressed as part
of the final plat submission.
11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a
minimum, the northern portion of 5th Street if a joint construction project between the
applicant and Ryland Homes does not proceed in advance of a final plat submission for
the applicant’s site.
12) The architectural covenants for the homeowner’s association shall include provisions that
discourage blank garage doors. All garage doors shall incorporate windows or decorative
trim to minimize the visual impact of the garage-forward home design.
13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat,
the Developer shall enter into a Developers Agreement acceptable to the City Attorney
that delineates who is responsible for the design, construction, and payment of public
improvements.
14) The site plan and construction plans shall be revised to include a sidewalk along at least
one side of all streets within the subdivision.
15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee
Schedule for the entire development prior to the release of the final plat for recording,
regardless of project phasing.
16) The developer shall secure a written grading agreement from Excel Energy concerning
the proposed grading activity underneath an existing power line easement across the
property prior to submission of a final plat.
Passed and duly adopted this 21st day of July 2015 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk