97-081 RESRESOLUTION NO. 97 - 81
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Cherrywood Hills
Case No. P 96-13
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 July 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:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
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.
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.
Eo
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.
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 resolution was introduced by Council Member
Farber and duly seconded by Council Member
Holmgren The following voted in favor of the Resolution.
Mayor Duitsman,
Councilmembers: Farber, Holmgren, Dietz, and Thompson
The following voted against the Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this /~ay of ~_~.~..,_.~/ , 1997.
.//~t~nCuitsma~: MaYor
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.~ of the resolution as adopted by the City Council of the City of Elk
on~
River ./~v , 1997.
WITN_I~SS my ha..~c) officially as such Clerk and the corporate seal of the
City this /,,¢¢-~day of (./(~.~.,.:~,z ,1997.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /,~ day of
~4.o44.~ , 1997, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
_z~-~(~', 1997, by Sandra Thackeray, City Clerk, City of Elk
Minne~/ota.
_ day of
River,
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 Southwest Quarter of the Northeast Quarter of Section 28, Sherburne
County, Minnesota.
Save and Except:
The East 330 feet of the North 330 feet of the South 515 feet thereof.
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EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF PLAT APPROVAL AND NECESSARY IMPROVEMENTS TO BE
MADE AS PART OF THE DEVELOPMENT.
ALL COMMENTS FROM THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 AND
AUGUST 6, 1997 BE INCORPORATED IN THE PLAT PRIOR TO RECORDING AT
SHERBURNE COUNTY.
THE PARK & RECREATION COMMISSION'S RECOMMENDATION FOR PAYMENT OF
CASH BASED ON THE NUMBER OF LOTS IN AN AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT APPROVAL.
A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. THE
DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY
ADDITIONAL CHARGES RELATING TO WATER CONNECTION FEES AND ELECTRICAL
HOOKUPS.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY OF ELK
RIVER AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
APPROPRIATE APPROVALS FROM THE CORPS OF ENGINEERS, DNR AND LOCAL
AGENCIES FOR FILLING OF ANY WETLANDS ON SITE BE GRANTED PRIOR TO THE FINAL
PLAT BEING RECORDED WITH SHERBURNE COUNTY.
A SPECIFIC TREE PRESERVATION PLAN BE SUBMITrED ALONG WITH THE GRADING
PLAN IDENTIFYING THOSE AREAS WHICH WILL BE SAVED DURING THE INITIAL
GRADING OF THE SITE. SOME TREE PROTECTION {FENCE) SHALL BE INSTALLED PRIOR
TO GRADING THE SITE.
AN NPDES PERMIT BE OBTAINED FROM MPCA PRIOR TO BEGINNING ANY GRADING
ON SITE.
A GRADING PLAN BE SUBMITrED, REVIEWED AND APPROVED BY THE CITY ENGINEER
PRIOR TO BEGINNING GRADING ON THE SITE. THIS GRADING PLAN SHALL IDENTIFY
EROSION CONTROL MEASURES THAT WILL BE USED DURING THE GRADING PROCESS.
ALL EROSION CONTROL MUST BE ESTABLISHED AND PUT INTO PLACE PRIOR TO
COMMENCING GRADING WORK.
THE DEVELOPER SHALL BE RESPONSIBLE FOR IMPROVEMENTS TO PROCTOR IN
ACCORDANCE WITH THE RECOMMENDATIONS FROM SHERBURNE COUNTY
HIGHWAY DEPARTMENT DATED MAY 21, 1997. THESE ROAD IMPROVEMENTS SHALL
BE REFLECTED ON THE IMPROVEMENT PLANS AND PROVIDED TO SHERBURNE COUNTY
FOR REVIEW PRIOR TO THE CITY APPROVAL.
PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN WILL NEED
TO BE SUBMITrED OUTLINING THE STYLE OF HOMES AND FINISHED FLOOR
ELEVATIONS. THIS PLAN WILL NEED TO BE APPROVED BY THE CITY ENGINEER PRIOR
TO ISSUANCE OF ANY BUILDING PERMITS.
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THE DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING AT SHERBURNE
COUNTY.
THE DEVELOPER WILL NEED TO PROVIDE A LETTER OF CREDIT TO THE CITY OF ELK
RIVER IN THE AMOUNT OF 100% OF THE IMPROVEMENT COSTS WITHIN THE
DEVELOPMENT PRIOR TO COMMENCING STREET AND UTILITY WORK ON SITE.
STREET LIGHTS WILL NEED TO BE PROVIDED THROUGHOUT THE DEVELOPMENT IN
LOCATIONS AS RECOMMENDED BY THE ELK RIVER MUNICIPAL UTILITIES. THESE
IMPROVEMENTS MUST BE INSTALLED PRIOR THE CITY ACCEPTING THE INSTALLED
IMPROVEMENTS.
A CLUSTER MAILBOX DESIGN MUST BE UTILIZED THROUGHOUT THE DEVELOPMENT. A
PLAT ILLUSTRATING THESE LOCATIONS SHALL BE SUBMITTED FOR APPROVAL BY CITY
STAFF PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY.
A COMPLETE LANDSCAPING PLAN BE SUBMITTED FOR APPROVAL PRIOR TO
RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS PLAN SHALL INCLUDE YARD
TREES AS REQUIRED BY THE SUBDIVISION ORDINANCE. LANDSCAPING SHALL ALSO
BE ILLUSTRATED ALONG PROCTOR AVENUE CONSISTING OF EARTH BERMING AND A
VARIETY OF CONIFERS AND OVERSTORY TREES.
BOULEVARD TREES BE INSTALLED BY THE DEVELOPER ALONG BOTH SIDES OF
HIGHLAND ROAD AND RUSH STREET WHERE THE SIDEWALK IS PROPOSED TO BE
LOCATED SIMILAR TO THE INSTALLION IN LAFAYETTE WOODS. IN ADDITION,
BOULEVARD TREES SHALL BE INSTALLED ALONG ALL OTHER STREETS IN THE
SUBDIVISION.
AS PART OF THE DEVELOPER'S AGREEMENT A DEED RESTRICTION WILL NEED TO BE
PLACED ON LOT 21 PREVENTING ANY FURTHER SUBDIVISION OF THIS LOT IN THE
FUTURE.
A LETTER FROM THE DEVELOPER'S ENGINEER CERTIFYING THE GRADING HAS BEEN
COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING PLAN MUST BE
SUBMITTED TO THE CITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
OUTLOT B BE DEEDED TO THE CITY.
TRUNK WATER AND SEWER COSTS BE INCORPORATED INTO THE DEVELOPER'S
AGREEMENT FOR THE SUBJECT PROPERTY.
RUN OFF FROM THE SITE SHALL NOT EXCEED THE PRE-DEVELOPMENT CONDITIONS
AND THE DRAINAGE CALCULATIONS AND PLANS BE APPROVED BY THE CITY
ENGINEER.
IF 193RD AVENUE IS UTILIZED FOR UTILITY CONSTRUCTION, THE DEVELOPER SHALL BE
RESPONSIBLE FOR RESTORING THE STREET WITH A 10'WIDE BITUMINOUS TRAIL AND
SOD.
STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. THE
STREET LIGHTS SHALL BE INSTALLED PRIOR TO THE CITY ACCEPTING THE PUBLIC
IMPROVEMENTS.
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