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RES 05-024 . 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 . 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. . 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 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. <" ATTEST: .~ . EXHIBIT A Outlot B, Hillside Crossing 2 and Outlot A, Hillside Estates 9thAddition . . . 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. . .