RES 05-061
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RESOLUTION NO. 05- ~l
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Jackson Place
Case No. P 04-19
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
October 18, 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 fue 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 Gumphrey and
duly seconded by Council Member Dietz . The following votea. in favor
of the Resolution.
Mayor Klinzing, Councilmembers Gumphrey and Dietz
The following voted agamst the Resolution:
Councilmember Farber
The following were absent:
Councilmember Motin
WHEREUPON the resolution is adopted.
Passed and adopted this 6 th day of June
,2005.
ATTEST:
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EXHIBIT A
Legal Description:
That part of Princeton Street, now known as Jackson Avenue, lying between Blocks 2 and 3,
Village of Elk River, according to the recorded plat thereof, Sherburne County, Minnesota,
described as follows:
Beginning at the southwest comer of Lot 1, Block 3, Village of Elk River, according
to the recorded plat thereof; thence northerly along the West line of said Lot 1 to the
northeast comer of said Lot 1, being a point on the southerly right of way line of
Trunk Highway No. 10; thence northwesterly along said southerly right of way line
to intersect a line 80 feet easterly of and parallel with the East line of Block 2, Village
of Elk River, thence southerly parallel with said East line of said Block 2 to the
westerly extension of the South line of said Block 3; thence easterly along said
westerly extension to the point of beginning.
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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. 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.
3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE
PLANS.
5. 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.
6. 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.
7. CASH SHALL BE PAID FOR PARK DEDICATION.
8. THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS OF
THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT OF WAY.
THESE ENCROACHMENTS WILL BE ALLOWED FOR FOOTINGS,
CANOPIES, AND DOOR SWINGS INTO THE PUBLIC RIGHT OF WAY, AS
THE CITY IS AUTHORIZING ZERO LOT LINE CONSTRUCTION TO
FURTHER THE TRADITIONAL DEVELOPMENT PATTERN OF THE
DOWN AREA. THE BUILDING OWNER SHALL MAINTAIN LIABILITY
INSURANCE TO INDEMNIFY THE CITY FOR ALLOWING THESE
ENCROACHMENTS.
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