RES 23-43City of Elk River
Ver City Council
Resolution 23-43
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Bradford Park
Case No. P 23-09
WHEREAS, 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, 2015 the City commissioned a park dedication study prepared by
HKGi Consulting to determine the impacts of development on the City's park system. This
study was supplemented with an Appraisal study prepared by Patchin Messner Valuation
Consultants in April 2016. The City's Park dedication ordinance was subsequently amended,
in July 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 the Chapter of 30 of the City
Code of Ordinances 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 Plan.
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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.
5. 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 6th day of November 2023.
6hnjDie ., Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
All that part of the South Half of the Northwest Quarter and that part of the North Half of
the Southwest Quarter, all in Section 36, Township 33 North, Range 26 West, Sherburne
County, Minnesota, described as follows:
Beginning at the West Quarter corner of said Section 36; thence North 00 degrees 22
minutes 42 seconds West (assumed bearing) on the west line of said Northwest Quarter,
1329.37 feet to the northwest corner of the South Half of the Northwest Quarter of said
Section 36; thence South 89 degrees 15 minutes 25 seconds East on the north line of said
South Half of the Northwest Quarter, 1485.35 feet; thence South 09 degrees 50 minutes 04
seconds East, 334.87 feet; thence South 33 degrees 40 minutes 54 seconds West, 641.03 feet;
thence South 89 degrees 37 minutes 36 seconds West, 443.76 feet; thence South 00 degrees
22 minutes 24 seconds East, 518.90 feet; thence South 89 degrees 37 minutes 36 seconds
West, 737.27 feet to a point on the west line of the Southwest Quarter of said Section 36;
thence North 00 degrees 22 minutes 24 seconds West on said west line, 79.88 feet to the
point of beginning.
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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. The Planned Unit Development Agreement shall be recorded prior to the plat and
development agreement.
3. The applicant must receive final approval of all state and federal wetland permits and
application prior to recording.
4. Water Availability Charge shall be paid in the amount required by the city when the final plat
is released for recording (currently $390/plumbing unit).
5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements.
6. Upon completion of all improvements and acceptance by the city, a security or warranty in a
form acceptable to the Public Works Director must be secured.
7. The Development Plan shall be approved by the public works director prior to issuance of
building permits.
8. Staff approval of all plans prior to releasing the plat for recording.
9. All mailboxes shall be clustered.
10. 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.
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