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04-093 RES RESOLUTION NO. 04 _ ~3 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: West Oaks Third Addition Case No. P 04-25 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, 2Q03; 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: 1. 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 conforms with all of its requirements. and B. The proposed subdivision is consistent with all applicable general specialized city, county, and regional plans including, but not limited to, Comprehensive Development Plan. and the City's 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. D. 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. 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 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. 5. 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 Kuester. The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Motin, Kuester, and Tveite The following voted against the Resolution: None The following were absent: Councilmember Dietz WHEREUPON the resolution is adopted. Passed and adopted this 15'" day of November, 2004. ~.~ . Step anie Klinzing, or CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the 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 November 15, 2004. ~ WITN~ ~ officially as such Clerk and the corporate seal of the City this ~y of .' If.<<-J , 2004. ,~ J a Schmidt, City Clerk STATE OF MINNESOTA SS, COUNTY OF SHERBURNE U.... TI~~,\r'J~Lt,RJ .~--- " W:~:'.:-.Y i'~'=-'_::. t:,:,';"ESOTA ..:_' " t.~, Comt,ii':'::~;1 C;;pif~ Jan. 31, 2005 IS'1-\-" was acknowledged before me this_ day of zing, Mayor, City o~ Rive,~!"Minnr " /,~ . y~, t'C(: Notary Public The foregoing instrument ,.. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~ The foregoing instrument was acknowledged before me this 1"'5 l-"- day of \~ -cve "'oJ",,.. , 2004, by Joan Schmidt, City Clerk, Ci~ T~ta. Notary Public U'" m~,\r'lcV.RD "'--':' t~~~. ~'( ~'_ -,. r::,';NESOTA ," ,;' f:/ Corr:;;,:.._:_:] c.;,;;:.ji:)':' Jd.fI. 31, 20QI EXHIBIT A Legal Description: Outlot B, West Oaks EXHIBIT B Conditions: 1. 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. 2. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 3. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 5. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 6. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 7. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 8. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 9. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL MAILBOXES BE CLUSTERED. 11. A TREE PRESERVATION PLAN SHALL 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. 22. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR CONTRIBUTION TOWARDS THE COST OF THE WACO STREET INPROVEMENTS.