96-050 RESRESOLUTION NO. 96 - ~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Pheasant Run
Case NQ, P 96-5
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on June 17, 1996; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning OrdinarJce
and conforms with all of its requirements.
Bo
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
Co
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
.1
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
Eo
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
This final plat approval shall expire two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member
Dietz and duly seconded by Council Member
Holmgren The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber
and Holmgren
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ?-5"_.___~ ~
day of ~ ,1996.
.'Hen...~ Duitsman, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct COlby of the resolution as adopted by the City Council of the City of Elk
River on ~L~ /~- ,1996.
WITNESS my han~officially as such Clerk and the corporate seal of the
City this /3'~C~ay of/-~-~L ,1996.
Sandra Thackeray, City Clerk.~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
.e foregoing instrument was acknowledged before me this /day of
, 1996, by Henry Duitsman, Mayor, City of Elk River,
.~nnes(~ta.
'N~'tary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /,.~L"'~ day of
~ , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
IVffnnesota.
NOTARY PUBUC-MINNESOTA
SHERBURNE COUNTY
My Comm. Expires Jan. 31,2000
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
Northeast Quarter of the Southwest Quarter Section 13, Township 33, Range 26,
Sherburne County, Minnesota. PID # 75-113-3100
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EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
COMMENTS AS REQUESTED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT BE
INCORPORATED AS PART OF THE PLAT.
ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 5/22/96 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF
THIS APPROVAL.
A LETrER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY
WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT-OF-WAY BE OBTAINED PRIOR TO
COMMENCING WORK.
SURFACE WATER MANAGEMENT FEE IN THE AN AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE
COUNTY.
ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION
FORM BE COMPLETED AND FILED.
AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS
DEVELOPMENT.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL
PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
A SEALCOAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE
SUBDIVISION. ELK RIVER UTILITIES HAS RECOMMENDED THREE STREET LIGHTS FOR THIS
PROJECT.
ALL EXISTING OUTBUILDINGS SHALL BE REMOVED FROM THE PROPERTY PRIOR TO
COMMENCING THE STREET IMPROVEMENTS.
A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
THE GRADING FOR THE DEVELOPMENT WILL NEED TO BE CERTIFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS.
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RESTRICTED ACCESS ALONG COUNTY ROAD 33 SHOULD BE INCORPORATED ON THE
PLAT, NO LOTS SHALL BE ACCESSED FROM COUNTY ROAD 33.
A LANDSCAPING PLAN WITH SPECIES AND SIZE, WHICH INCLUDES A COMBINATION
OF BERMING AND TREES ALONG COUNTY ROAD 33 BE PROVIDED AND APPROVED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
FRONT YARD TREES BE PROVIDED THROUGHOUT THE DEVELOPMENT AS SET FORTH IN
THE CITY ORDINANCE. THESE FRONT YARD TREES SHOULD BE ILLUSTRATED ON THE
SUBMI'ITED LANDSCAPING PLAN.
ALL COMMENTS IN SHERBURNE COUNTY HIGHWAY DEPARTMENT'S LETTER DATED
6/5/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A
CONDITION OF THIS APPROVAL.
SOIL BORINGS BE COMPLETED ON EACH LOT AND THE RESULTS PROVIDED ON THE
DEVELOPMENT PLAN.
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