RES 13-59 City of
Wver
Resolution 13-59
Resolution of the City of Ellc River Granting Final Plat Approval for Eagles
Marsh 3rd Addition.
Case Igo. P 13-02
WHEREAS, application has been made for final plat approval,pursuant to 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 prelminary plat of the Property was approved by the City Council on
August 20, 2001; and
WHEREAS, the City Council granted an extension to the prelitninaiT plat approval in
2005, 2008, 2009, 2010, and 2013; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
MERE S, 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, E IT RESOLVED
1. It is hereby determu7ed by the City Council for the City of Ells 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 liv-nited 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.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services, facilities and
ivnprovements othei\vise requited herein.
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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.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. 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.
4. The owner of the Property is authorized to record the final plat as requited by law
and shall file proof of said recording with the City. No building perimits will be issued for
the Property until the final plat is recorded.
5. This final plat approval shall expire one year from the date of this resolution if the
final plat is not recorded within that tithe.
Passed and adopted this 16t`' day of September 2013.
lin J.�/Oietz,Iv>ayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
Outlots A and C, Eagles Marsh 2nd Addition
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EXHIBIT B
CONDITIONS OF APPROVAL
Approve by resolution the final plat for phase 3 of Eagles Marsh, subject to the following
conditions.
1. A Developers Agreement be prepared and executed outlining the terms and
conditions of the plat approval and installation of improvements prior to
releasing the plat for recording.
2. A letter of credit or other security acceptable to the city be provided in the
amount of 100% of the cost of public improvements.
3. 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.
4. 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. ($208 per lot,
2013 rate)
5. Sealcoat fee in the amount to be determined by the city engineer be paid to
the city prior to releasing the plat for recording.
6. All appropriate wetland and grading permits must be obtained prior to
commencing work on the site.
7. The wetland buffer area shall be signed per city ordinance.
8. Grading and erosion control plan and development plan be submitted and
approved by the city engineer prior to the issuance of building permits.
9. All grading will need to be certified prior to the issuance of building permits.
10. Street lights shall be installed as recommended by Ell-,River Municipal
Utilities.
11. Water availability charge be paid prior to releasing the plat for recording.
12. Any item or condition found that indicates the site is likely to yield
information ivnportant to pre-lnistory 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.
13. 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
the fencing prior to grading commencing.
14. Staff and the developer shall work to develop a grading plan and tree
preservation plan that will save as many trees on the site as possible.
15. The existing house at 17798 Johnson Street shall connect to public utilities as
required by ordinance. The address for this house may be adjusted.