97-064 RESRESOLUTION NO. 97 - 64
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
OAKWOOD HILLS
Case No. P 97-1
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(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 April 21, 1997; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
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.
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
o
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
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.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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.
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
Farber
Th r~mp .~ an
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
All
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ,,t~/,"~f-day of ~'~,,~ , 1997.
/~n~uitSma~: May~r -
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 cop,,y of the resolution as adopted by the City Council of the City of Elk
River on ~ ?./ ,1997.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ?f..~rday of ~.._.~ , 1997~,~~~
~;andra Thack'~ray, City Cl~fk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this~_l ~day of
~zZ~,~ , 1997, by Henry Duitsman, Mayor, City of Elk River,
I~nnes~ta.
NOT~Y PUBLIC-MINNESOTA
, SHERBURNE COUNTY
F~,y Cc,;~::;2:ica Expires Jan. 31, 2000
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ ~ day of
~/"~.~...l , 1997, by Sandra Thackeray, City Clerk, City of Elk River,
M~'nnes~a.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
The Southeast Quarter of the Southeast Quarter of Section 19, Township 33,
Range 26, Sherburne County, Minnesota.
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°
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10.
11.
12.
13.
14.
15.
EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
ALL OF THE COMMENTS IN THE CITY ENGINEER BE ADDRESSED OR INCORPORATED
INTO THE FINAL PLAT AND MADE A CONDITION OF THIS APPROVAL.
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS. THE LETTER OF CREDIT SHALL ALSO COVER
COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE WETLAND MITIGATION PLAN.
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.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE
COUNTY.
ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION
FORM BE COMPLETED AND RETURNED TO THE CITY.
AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS
DEVELOPMENT.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL
PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
A SEAL COAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE
SUBDIVISION PER ELK RIVER UTILITIES RECOMMENDATION.
A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING
PERMITS.
SOIL BORINGS WILL HAVE TO BE PERFORMED AND APPROVED PRIOR TO FINAL PLAT
VERIFYING SEPTIC LOCATIONS.
THE PLAT WILL HAVE TO BE REVIEWED AND THE LOCATION OF THE COUNTY DITCHES
VERIFIED BY THE COUNTY DITCH INSPECTOR PRIOR TO FINAL PLAT.
A LANDSCAPE PLAN, CLEARING AND TREE PROTECTION PLAN SHALL BE PROVIDED
PRIOR TO FINAL PLAT.
16.
THE DEVELOPER IS REQUIRED TO UPGRADE PASCAL STREET FROM 200TH AVENUE TO
THE NORTHWEST CORNER OF HIS PLAT AND TO PROVIDE DOCUMENTATION THAT THE
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17.
18.
19
20.
21.
22.
PASCAL STREET EASEMENT OVER THIS STRETCH OF ROAD DOES EXIST AND IS IN
FAVOR OF THE CITY.
ADDITIONAL TOPOGRAPHIC INFORMATION ON THE ADJACENT PROPERTY NEAR THE
SOUTHWEST CORNER OF THE PLAT IS REQUIRED TO DETERMINE IF THE STREET AVOIDS
WETLANDS PRIOR TO FINAL PLAT.
ALL NECESSARY WETLAND PERMITS SHALL BE OBTAINED PRIOR TO ANY WETLAND
DISTURBANCES ASSOCIATED WITH THIS PROJECT
AN EASEMENT BE DEDICATED FOR THE TEMPORARY CUL DE SAC:.
STORM DRAINAGE SHALL BE HANDLED ON SITE WITH NO INCREASE IN OFFSITE
STORMWATER RATE OR VOLUME.
DRAINAGE EASEMENTS BE IN PLACE OVER THE COUNTY DRAINAGE DITCHES.
RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS INCLUDED AS
PART OF THE WETLAND MITIGATION PLAN.
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