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02-023 RES RESOLUTION NO. 02 - 23 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms South Case No. P 01-14 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 December 17, 2001and February 19, 2002; 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. 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 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. 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. o 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 Tveite and duly seconded by Council Member The following voted in favor of the Resolution. Dietz Mayor Klinzing, Councilmembers Motin, Tveite, Kuester, and Dietz The following voted against the Resolution: None The following were absent: None S:\PLANNING\RESOLUTI\FinalPlat. DOC Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 18th day of March ,2002. Stephanie Klinzing, 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 copy of the resolution as adopted by the City Council of the City of Elk River on ~ / ? ,2002. WITN_ !~SS my City this /,~ay of ~'/'~Y as such Clerk and the corporate seal of the ,2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _~day of ~'~-r~., , 2002, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. Notary Public S:\PLANNING\RESOLUTI\FinalPlat. DOC Page 3 EXHIBIT A Legal Description: KNOW AL(. P~/~SON~ ~¥ ~'H~ PRES'[.N~'S. l'hat O.R. Herren, )nc.-Minnesota, o Oetqware corporation, o~ner$ end proprietors of the follow,no described property ~tuated in the County of ~her~u~ne. State of ~nneso~o, to ~t: ~e Northeast 1/4 of the Northwest ti4 of ~ection 2 ~ownshi~ ~2, Range 2~. except the North 4 rods of the We~t 20 rod~ thereof ~nd except ~qtcel i4 q$ depicted on ~her~urne County Highway Right of Way Riot No. 7. according to the Un~fe~ ~tote$ Government Survey together ~ith: of Outlet A to the Northwest corn~ of OuUot B qccqr~inq lo t~e recorded plot end s~tuqted in ~herOurne Count~ Mmnesotq EXCEPT that port of O~tlot A, ~/k ~i~r Cros~n~. according to the ptq~ on file and of record m the office of the County Recorder. ~her~urne C~nty. Minnesota ~h~ch lies Northeasterly of q line qescribed qS follows: Co~mencin~ ot the ~ost Northerly corner of said Outlet A; thenc~ ~outh O0 ~e~te~E 08 minutes 2~ seconds East os qssu~ed ~eqrinq qton~ the ~qsterty line of sotd Outlet A. o distance of 9~.40 feet to the actual ~oint of beginning of said tine to be here,halter described: thence North ~0 de~re~s ]2 m,nules 4~ seconds West. o ~istqnce qf ~.~ feet the imtem~ection ~ith the Northwesterly tine of said Outlet A end there terminating. ANO: ~hqt Foray ~eol ~stote k Constr~ctlon. LLC. q Minnesota limited /ioOilty company, owners end proorietors of the following deEcribeo the ~outneo~t Quarter of the Northwest ~qrter of ~ection 2. Towns~tO J2 North. Rcnge 26 West. ~herOurne Count~ Minnesolo. excepl that. part thereo[ d~ct/be~ o$ fo/IowE: Commencing ot the NortDeost corner of said 5out,east Quarter of the Northwest Ouorter: thence on on qxsu~ed bearing of ~outh ~ de~ree ~7 minut~ IJ seconds West. along the ~qst tine t~ereo~ q di~toncm of 4j0.84 feet to the actual point of Oegmning of the lend to be described; thence North 88 de~rees ~2 m~nute$ 47 ~ec~qs We~t q d[~tonce of 27286 feet: lhence ~outhwesterly q distance of 57.79 feet along q no~tqngentioI curve concave to the Northwest having ~ rod[us of JdO. O0 feet. q central amgte of li degrees 46 ~inutes /2 secon~s fe~t otongo rever~e cu~ concave to the Southeqs~ ~qvm9 rodlu$ of 370.00 f~et. o c~trqt ongle of 6~ degrees 5~ ~mutes 2~ second$ end t~e chord of soi~ curve be~rs South ~2 Ce~ree5 4~ ~nute$ 5~ seconds We~t; thence South I de~ree /7 mmu~e~ ~ Seconds We~t, tangent to sold cur~. o di=tqnCe of I52. E5 feet: thence Southerl~ 5outheos~mrly end ~qsterly ~ distance of 2~9 78 feet olonq q tcngenUol curve concive to t~e Northeast howng o ~qdius of ~70.00 feet end q central on~e of gO degree~ 5~ ~inutes ~6 $econd$; thence Eout~ 8g d~gree~ 38 ~nuteE 2~ $econds test. tangent to sold curve, q disfqnce Of rtl.57 feet: ~hence EqEteriy qnd ~out~eo~ter/y q distance of 69 74 feet otongo tqngenUoi curve concave fo the South,,est ~qving o radius o/ I05.00 feet end o central angle of ]8 d~gree~ OJ mmute5 ~5 ~econd~; t~nce North ]8 de~ree~ 24 m~nutes 52 seconC~ East. ~mt tangent to ~qid curve, o distance of 2~8.~4 feet; thence Sout~ ~ degrees ~8 mmute~ 2~ $econds East ~ ~istonce of ~g. 54 feet to the Eqst line of said 5out~eo~t Quart. er of the Northwest Ouorteq t~ence Nort~ ~ degree t7 ~inutms ~ ~ec~ds East. a~ong so,d East line. o distance of 5JJ. 02 feet to the po~nt of b~gmnmg. Together ~ith: Outlet ~. ~/k Rive~ Business Park. qccord~n~ to t~e recorded ~lot t~ereo~ and Situate ~n SherOurne Count~ Minnesota. EXHIBIT B I. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE CUL-DE-SAC ON STREET A SHALL BE RELOCATED TO BE ADJACENT TO THE BLACK PROPERTY UNLESS THE NECESSARY LAND OR EASEMENT IS OBTAINED FROM THE BLACKS SO THAT THE CUL DE SAC CAN BE PARTIALLY LOCATED ON THE BLACK PROPERTY. 3. PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIMED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO T~VIN LAKES ROAD. 4. STORMWATER DISCHARGE FROM THE SITE SHALL NOT EXCEED $ CFS (CUBIC FEET PER SECOND). THE DEVELOPER SHALL PAY FOR A TRAFFIC STUDY COMPLETED BY A CONSULTANT HIRED BY SHERBURNE COUNTY. 6. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 8. THAT THE MAILBOXES SHALL BE CLUSTERED. ANY ADDITIONAL ARTIFACTS THAT ARE FOUND DURING ANY PHASE OF THE PROJECT SHALL BE REPORTED IMMEDIATELY TO THE CITY AND SHPO. THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. 10. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. I I.AN ENGINEERING ESCROW IN THE AI~IOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13.STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. IS.THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 16. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 17. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS A, B, C AND D. 18. A 25 FOOT WIDE TRAIL EASEMENT SHALL BE PROVIDED THROUGH OUTLOT D AND THE DEVELOPER SHALL CONSTRUCT A TRAIL TO HILLSIDE CITY PARK THROUGH OUTLOT D FROM STREET C. 19. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 20. A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. 21.A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 22. THE APPLICANT SHALL MAKE, AND THE CITY SHALL ACCEPT AN OFFER FOR THE PURCHASE OF OUTLOTS A AND B, ELK RIVER CROSSING AND OUTLOT A, ELK RIVER BUSINESS PARK PRIOR TO RECORDING THE PLAT. 23.OFF-STREET PARKING SHALL BE PROVIDED AS REQUIRED BY THE ORDINANCE. 24. BUILDING MATERIALS SHALL COMPLY WITH THE ORDINANCE. 2S. EMERGENCY VEHICLE ACCESS WILL BE PROVIDED IN ORDER TO SHORTEN THE CUL-DE-SAC OF STREET A. 26. PLACEMENT OF THE STORM SEWER IN THE WETLAND SHALL BE COMPLETED AND THE PHYSICAL CHARACTERISTICS OF THE WETLAND SHALL BE RESTORED WITHIN SIX MONTHS OF THE START OF THE ACTIVITY; INCLUDING GROUND ELEVATION, CONTOURS, INLET DIMENSIONS, OUTLET DIMENSIONS, SUBSTRATE, AND HYDROPONICS REGIME. 27. THE COST OF SAID RESTORATION IS COVERED IN THE LETTER OF CREDIT FOR THE PROJECT. 28. 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. 29. THE COACH TOWNHOMES SHALL HAVE A 32" BREAK IN THE REAR ELEVATION. THE DECK IS NOT CONSIDERED A BREAK IN THE ELEVATION. 30. THAT OPTION A BE USED FOR THE EXTERIOR BUILDING DESIGN FOR THE TOWN HOUSES LOCATED ON LOTS 7 AND 8, BLOCK 6, LOTS I AND 2, BLOCK 7, LOTS I-3, BLOCK 8. 31.THE TOWNHOMES LOCATED IN BLOCKS 6, 7 AND 8 SHALL BE SETBACKA MINIMUM OF 25 FEET FROPI THE BACK OF THE CURBLINE OF ALL PRIVATE STREETS. 32. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE.