RES 23-28Of
`�•'►—� City of Elk River
ver City Council
Resolution 23-28
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for The Cove
Case No. P 23-07
WHEREAS, an application has been made for final plat approval, pursuant to Section 30-
374 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, a preliminary plat of the Property was approved by the City Council on July
17, 2023; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, in October of 2015, the city commissioned a Park dedication Study prepared
by HKGi Consulting to determine the impacts of development on the city park system. The
study was supplemented with an Appraisal Study prepared by Patchin Messner Valuation
Consultants in April of 2016. The city's Park Dedication Ordinance was subsequently
amended in July of 2016 to reflect the findings of these studies and to incorporate Park
Dedication Fee requirements that reflect the impacts of various types of development on the
need for the acquisition, development, and improvement of park land. The proposed
development is a residential development which will create park land acquisition,
development and improvement needs proportionate to the park dedication fee set by the
park dedication ordinance; 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
1. It is hereby determined by the City Council for the City of Elk River as Follows:
A. The proposed subdivision is consistent with Chapter 30 of the City Code of
Ordinances and conforms with all 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 Plan.
NATURE
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.
This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 7th day of August 2023.
ATTEST:
Tina Allar , City Clerk
4J J. Di tVMor
E
III I1
TLlR�
EXHIBIT A
LEGAL DESCIRPTI0N
That part of West One-half of the Northeast Quarter of Section 32, Township 33, Range 26,
lying North of the Right-of-way of U.S. Highway 10, as presently located and established
and South of the Southerly shoreline of Lake Orono; so-called, except that part thereof
heretofore acquired by the State of Minnesota for highway purposes, Sherburne County,
Minnesota.
r I* F I E I 11
NATURE
EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed by the city and developer prior to releasing the
final plat for recording.
2. Park Dedication be paid for the final number of dwelling units, at the applicable rate when
the subdivision is released for recording.
3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements.
4. Upon completion of all improvements and acceptance by the city, a security or warranty in a
form acceptable to the city engineer must be secured.
5. A Development Plan shall be approved by the city engineer prior to issuance of building
permits.
6. Staff approval of all updated site and engineering plans.
7. A trail easement, providing access to PID 75-132-2125, shall be recorded across the
southwest corner of Lot 5, Block 1.
8. All conditions included in the preliminary plat approval shall be addressed prior to releasing
the plat for recording.
9. Any item or condition found that indicates the site is likely to yield information important to
prehistory 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.
lIWEaII 11
NA1URE