02-022 RES RESOLUTION NO. 02 - 22
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Oak Hill 2nd Addition
Case No. P 02-06
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 October 18, 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 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:
Ao
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
o
o
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.
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 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
D±etz and duly seconded by Council Member
Hot±n The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Tveite, Kuester, Motin,
and Dietz
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 J~'~ day of
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 copy of the resolution as adopted by the City Council of the City of Elk
River on ~ /,~ ,2002.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this / ~- ~ay of .~'~P~/~-~--'~-z~... ,2002.
Sandra Peine, City Clerk
- STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~kday of
~_~,~L~ , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this I~~'' day of
,~-c~ ,2002, by Sandra Peine, City Clerk, Cit~of Elk River, Minnesota.
N6t~ry pUbic
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EXHIBIT A
Legal Description:
Outlot A, Windsor Oak Hill, Sherburne County, Minnesota
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Conditions:
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS
TO BE RECORDED WITH THE FINAL PLAT.
THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE
THAT PLACES THE RESPONSIBILITY FO THE SUCCESS OF THE WETLAND
MITIGATION ON THE DEVELOPER.
3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO
FILLING ANY WETLANDS.
THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE
RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF
THE FINAL PLAT.
THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE
MITIGATION WORK.
THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS
COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO
RELEASING THE LETTER OF CREDIT.
7. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. 1 BE OBTAINED
FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
9. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
10. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS PRIOR
TO RELEASING THE PLAT FOR RECORDING.
11.
THAT DEVELOPER PROVIDE SCREENING ALONG COUNTY ROAD 1 IN A
LANDSCAPE EASEMENT TO BE RECORDED WITH THE COUNTY AGAINST THESE
LOTS WITH THE RECORDING OF THE FINAL PLAT.
12. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK AND
OUTLOT B AS PART OF THE PLAT IMPROVEMENTS IN THE FIRST PHASE AND
CONSTRUCTED TO CITY STANDARDS.
13. THAT 5 ACRES OF LAND BE ACCEPTED AS DEDICATED PARK LAND AND THE
REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN LIEU OF
LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT
AND PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY
ORDINANCE.
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15.
THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF
BUILDING PERMITS.
16. THAT LANDSCAPING PLAN BE SUBMITTED THAT SHOWS THE REQUIRED STREET
AND YARD TREES AND SCREENING ALONG COUNTY ROAD 1.
17. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
18.
19.
20.
21.
22.
23.
THAT TEMPORARY CUL DE SACS BE PROVIDED AS DETERMINED BY THE CITY
ENGINEER.
THAT 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.
THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY.
THAT THE SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY.
THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED
TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO
PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR
EQUIPMENT.
THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE DEVELOPER
OBTAIN A SIGN PERMIT FROM THE CITY AND PROVIDE ANY REQUIRED
EASEMENTS.
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