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03-059 RES RESOLUTION NO. 03 -5_~9 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: West Oaks Case No, P 03-04 WHEREAS, application has been made for final plat approval, pursuant to Article V. Section 30-374 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 July 21,2003; 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 Ordinance and conforms with all of its requirements. 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. The physical characteristics of the site, including , but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. 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. The proposed subdivision will not cause substantial environmental damage. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. 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 one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Tveite and duly seconded by Council Member Dietz The following voted in favor of the Resolution. Member Mayor Klinzing, Councilmembers Motin, Kuester, Dietz, and Tveite. The following voted against the Resolution: None The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 15th day of September, 2003. ~'-"""~te pi~a nie Klinzi~g,~__~.v~r / CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on September 15, 2003. WITNESS my hand officially as such acting Clerk and the corporate seal of the City this i~'~day of ~o-~',.,..~e_~'- ,2003. Patrick Klaers, City Administrator STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this .~O~¢~.~:~ , 2003, by Stephanie t;',,',~,~:~ NO, ARY PUBLIC- MINNESOTA ~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Klinzing, Mayor, City of Elk day of River, . The foregoing instrument was acknowledged before me this I~' day of 4:-~¢~,,.,..1oe¢- , 2003, by Patrick Klaers, City Admini~ator, City of .Blk~iver, Minnesota. __ ~~ ~/~ EXHIBIT A Legal Description: The Northwest Quarter of the Southwest Quarter of Section 3l, Township 55, Range 25, EXCEPT the following tracts: The East 500 feet of the North 400 feet of the Northwest Quarter of the Southwest Quarter of Section 51, Township 5.3, Range 26; ALSO EXCEPT Beginning at the Southeest corner of said West Half of the Southwest Quarter of said Section; thence North on the East line of said West Half of the Southwest Quarter, 1591.10 feet to the point of beginning of the tract to be described; thence West on a deflection angle to the left of 90 degrees 40 minutes, e distance of 185 feet; thence North end parallel to the East line of said West Half of the Southwest Quarter a distance of 150 feet; thence East 185 feet to the point on the East line of said West Half of the Southwest Quarter, 150 feet North of the ptece of beginning, thence South on the East line of said West Half of the Southwest Quarter, 150 feet to the point of beginning, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Conditions: EXHIBIT B 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 7. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 8. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 9. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 10. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 11. 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 THE PERIOD OF ONE YEAR. 12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES BE CLUSTERED. 17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT.