RES 05-046
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RESOLUTION NO. 05 - .A.6
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
River Park
Case No. P 04-09
WHEREAS, application has been made for final 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
December 6, 2004; 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 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.
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 Motin The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Dip-tz, Farber, Gumphrey, and Motin
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 2nd day of May, 2005.
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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 M~y ')
2005.
f" nd WITNESS my hand officially as such Clerk and the corpor~te seal of the City this
~ day of /1 CUfi , 2005. .
J~~
chmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
rd
The foregoing instrument was acknowledged before me this c9 day of
l~aL;jJ , 2005, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
Q
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
8. JESSICA tv;' I";'lo.L..,E. R
NOrMY PUBUC . !',,,NN.. "OTA
.., ().,l_.:bdDll ExpIres Jar. 31, 2007
t The foregoing insttwnent was acknowledged before me~~ ' 'day of
, {.1 T ,2005, by Joa~Schmjdt, City Clerk, City 0 lk River, Minn.' esot.
, J
C' ,
e JESSICA M. MILLER
N01'ARY PUBLIC. MINNESOTA
..,CommISsIoIl expireS Ja, 31, 2007
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Legal
EXHIBIT A
That part of the Southwest Quarter of Section 25 Township 33 Range 26,
Sherburne County, Minnesota lying east of the west 1092.00 feet thereof.
AND
The West 883.29 feet of the Southeast Quarter of Section 25 Township 33 Range 26,
Sherburne County, Minnesota.
AND
That part of the Northeast Quarter of Section 35 Township 33 Range 26, Sherburne
County, Minnesota lying northeasterly of the following described line:
Commencing at the Northeast corner of said Northeast Quarter; thence on an
assumed bearing of North 89 degrees 52 minutes 06 seconds West, along the north
line of said Northeast Quarter, a distance of 282.50 feet, to the point of beginning of
the line to be described; thence South 28 degrees 56 minutes 22 seconds East, to the
east line of said Northeast Quarter and said line there terminating,
AND
That part of the north half of the Northwest Quarter of Section 36 Township 33
Range 26, Sherburne County, Minnesota lying northeasterly and southeasterly of the
following described line:
Commencing at the northeast corner of the Northeast Quarter of Section 35
Township 33 Range 26, Sherburne County, Minnesota; thence on an assumed
bearing of North 89 degrees 52 minutes 06 seconds West, along the north line of
said Northeast Quarter of said Section 35, a distance of 282.50 feet; thence South 28
degrees 56 minutes 22 seconds East, a distance of 590.87 feet, to the east line of said
Northeast Quarter, also being the point of beginning of the line to be described;
thence continue South 28 degree 56 minutes 22 seconds East, a distance of 436.13
feet; thence South 13 degrees 26 minutes 22 seconds East, a distance of 320.00 feet;
thence South 56 degrees 03 minutes 38 seconds West, a distance of 218.22 feet to
the south line of the north half of the Northwest Quarter of said Section 36 and said
line there terminating.
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EXHIBIT B
Conditions:
1. A Developers Agreement be prepared and executed outlining the terms
and conditions of the plat approval prior to releasing the plat for
recording.
2. A Planned Unit Development agreement be prepared and executed prior
to releasing the plat for recording.
3. 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.
4. A sealcoat fee in the amount to be determined by the City Engineer be
paid prior to releasing the plat for recording.
5. Water accessibilty fees in the amount determined by the city be paid to
Elk River Municipal Utilities prior to releasing the plat for recording.
6. The site (185.61acres) shall be assessed for trunk utilities at $6,955 per acre
for a total assessment of $1,290,918.00, less credit provided for oversizing
facilities if required. Said assessments shall be levied equally against all
lots in the plat except for Lots 8 & 9, Block 1. The developer's agreement
shall reflect credit for oversizing infrastructure as determined by the City
Engineer.
7. A letter of credit shall be provided to the city in the amount of 100% of the
costs of the public improvements.
8. 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 the period of one year.
9. All comments contained in Building and environmental administrator's
memo dated August 10, 2004 shall be addressed.
10. The Letter of Credit shall cover wetland mitigation. Drainage easements
shall be in place over the wetland and the wetland mitigation areas.
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11. Restrictive covenants shall be recorded on the wetland and the wetland
mitigation areas.
12. A three year monitoring report on the wetland mitigation is required.
13. The City Engineer's comments be incorporated into the plans.
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14. The street names shall be revised as indicated on the plat dated April 4,
2005.
15. Street lights shall be installed as required by Elk River Utilities
16. A grading and erosion control plan shall be approved by the City Engineer
prior to the issuance of building permits.
17. A development plan shall be approved by the City Engineer prior to the
issuance of building permits.
18. All mailboxes shall be clustered.
19. A tree preservation plan shall be approved prior to releasing the plat for
recording.
20. 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.
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21. 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 the work
authorized in its approval until the site is appropriately investigated and
work is authorized.
22. Park dedication requirements shall be met with a combination of land and
cash based on the net area of the development minus the 22.5 acres for the
well/fire station/school site. The developer shall not receive park
dedication credit for slopes 4:1 or greater, wedands or stormwater ponds
located in the parks. The developer's agreement shall contain calculations
to determine the prorata share to be paid by each phase
23. The landscape plan shall be amended to include additional screening
along County Roads 13 and 40. Additional trees and screening shall be
provided along the rear yards of single family lots that are adjacent to
townhouses or private streets. Street trees shall be planted along all streets
at a minimum of 30 feet on center.
24. Each public street will have a sidewalk on at least one side, the main
north/ south street will have sidewalks on both sides and the street in the
northeast comer, will have sidewalks on both sides. Sidewalks that will be
maintained by the city shall be 6 feet in width. A pedestrian facility shall
be installed along the west side of County Road 40.
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26. The townhouses design and exterior elevations shall at a minimum
comply with the design standards of the R3 zoning district.
27. The applicant shall provide the school district two deeds for the property
in the area of Lot 8, Block 1; a metes and bounds deed prior to the
commencement of site grading, and a second deed after the plat is
recorded representing the short legal. The applicant shall provide the city
a deed for Lot 9, Block 1 after the plat is recorded.
28. The developer shall be assessed $1000 per single family unit and $500 per
townhouse unit as his prorata share for the reconstruction of Cleveland
Street.
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