RES 05-024
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RESOLUTION NO. 05 - 24
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Zylstra Addition
Case No. P 05-02
WHEREAS, application has been made for [mal plat approval, pursuant to Section
1008.08 (l)(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
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WHEREAS, a preliminary plat of the Property was approved by the City Council on
March 11, 1996; and
WHEREAS, the proposed [mal plat is consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed [mal 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 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 and uses contemplated.
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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.
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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 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 Dietz and duly
seconded by Council Member Morin. The following voted in favor of the
Resolution:
Mayor Klinzing, Councilmembers Dietz, Morin, and Gumphrey
The following voted against the Resolution:
None
The following were absent:
Councilmember Farber
WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of March, 2005.
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ATTEST:
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EXHIBIT A
Outlot B, Hillside Crossing 2 and Outlot A, Hillside Estates 9thAddition
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. A 50 FOOT "NO CUT" ZONE SHALL BE MAINTAINED ALONG THE
NORTH PROPERTY LINE. A DEED RESTRICTION RESTRICTING
CUTTING IN THIS AREA SHALL BE RECORDED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
3. THAT PORTION OF THE PLAT, SHOWN AS OUTLOT A, HILLSIDE
ESTATES 9TH ADDITION, SHALL BE MAINTAINED AS A "NO CUT" STRIP.
A DEED RESTRICTION RESTRICTING CUTTING ON THIS LOT SHALL BE
RECORDED PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. PARK DEDICATION SHALL BE CASH FOR 4.18 ACRES AND SHALL BE PAID
PRIOR TO THE PLAT BEING RELEASED FOR RECORDING.
5. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OFFINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, THE
APPLICANT SHALL APPLY FOR A LAND USE PLAN AMENDMENT AND A
REZONING FOR OUTLOT A.
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