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03-058 RES RESOLUTION NO. 03- _fib CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Woods at Hillside 4~ Addition Case No. P 03-12 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 legaJly 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 April 19, 1999; 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 TI--IE 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: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. 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. C. 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 aaad uses contemplated. D. The proposed subdivision makes adequate provision for water storm drainage, sewage transportation, erosion control and all other facilities and improvements otherwise required herein. supply, servlces, E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. 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 Member Motin and duly seconded by Council Member Die~:z . The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers, Motin, Dietz, Kuester, and Tveite The following voted against the Resolution: None The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 15rh day of September, 2003. Steph~e Klinzing, CERTIFICATE STATE OF MENNESOTA 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. this WITNESS my hand officially as such acting Clerk and the corporate seal of the City ~..--. Patrick Klaers, City Administrator STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this I~- day ~ ~linzing, Mayor, City of Elk River, Minnesota. N'~ary PubLic STATE OF MINNESOTA SS. COUNTY OF SHERBURNE of The foregoing instrument was acknowledged before me this i~ day of _ City Adrninistrat , City of E ' er, Minnesota. Notary PubLic - NOTARY PUBLIO - MINNESOTA ~ EXHIBIT A Legal Description: Ail of the Southwest Quarter of the Northwest Quarter of Section 25, Township 33, Range 26, Sherburne County, Minnesota Except that part platted as The Woods at Hillside Addition Except that part platted as The Woods at Hillside Second Addition Except that part platted as The Woods at Hillside Third Addition EXHIBIT B Conditions: 1. All comments of the City Engineer shall be addressed. 2. The developer shall enter into a developer's agreement outlining the terms and conditions of the development. 3. That the mailboxes shall be clustered. 4. A sealcoat fee in the amount determined by the City be paid prior to releasing the plat for recording. 5. An engineering escrow in the amount determined by the Citybe paid prior to releasing the plat for recording. 6. Park dedication fees for 17 lots at the current rate be paid prior to releasing the plat for recording. 7. Storm water management fees in the amount determined by the City be paid prior to releasing the plat for recording. 8. Water accessibility fees in the amount determined by the City be paid prior to releasing the plat for recording. 9. The developer shall provide at letter of credit for 100% of the cost of the improvements. 10. A warranty bond shall be provided after the improvements are accepted by the City and shall be held for one year. 11. 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. 12. The landscape plan will have to comply with the landscaping required in the subdivision ordinance.