98-023 RES RESOLUTION NO. 98 -_Z3_
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
WINDSOR WOODS
Case No. P 97-20
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 February 17, 1998; 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.
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
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.
Eo
The proposed subdivision will not cause substantial environmental
damage.
Fo
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
Thompson The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber,
Holmgren
The following voted against the Resolution:
None
and
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ,..I~/, ~/~-day of ~.~,~/~.-,-~---/' , 1998.
4qenry,,~uitsman, 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 c.op~_ _of the resolution as adopted by the City Council of the City of Elk
River on 7f')~,,./, /~, ,1998.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ,/~ Z~day of ~/~.,..,../~ 1998.
, ./ .......? ..... "}.: _ ..
Sandra Thackeray, City Clerk ~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
~"lO.x,~('.-- , 1998, 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 /~, day of
~/'~_~/t~.._ , 1998, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
N. ICE K. HEINEC ~ )~
~ota~ ~uUlic
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
I) The Sout. hwest Q~orte~ of the N~rtheast Queerer.
AND
2) '[he South Half of the Southwest Oucrter of the Noethwe~t Quarter of m3;d Northeast
AND
3) That part of the East Half of maid Northwest Quarter of the Northeast Quarter lying south
of the cee~te~line of County Rood No. 53. also kno~n~ o~ Ranch Rood N.W.. ~oid centerline being
desc~'ibed as follow~.
Commencing at 'the Northwest come~ of ~ald East Half of the Northwest Quarter 6f the
Northeast Quarter;. thence o~ an assumed bearing of South 0 degrees
teconds East along the Welt llne thereof foe o dl1~tonce of 351.70 feet to Inter,act
said centefllne at the actual Point Of Beginning to be hereby descn~oed; thence South
56 degrees 17 minutes 46 ~econdm East alar,] maid centerline foe a distance of 461.25
feet; thence continue ~outheosterly along mold cente~'line being a tangential
concave to the northeamt with a radium of 1789.00 feet fo~ a central angle of
degrees 14 mlnutem 08 ~econda and length 413.27 feet; thence South 49 degree~
minutes 54 seconds East. along said centerline, c~d tangent to said cur~e for a
distance of 159.0;3 feet. more or lees. to intermect with and tes3-nlnate maid centerline
at the East line of mold Noethwe~t Quarter of the Northeast Quarter.
AND
4) That part of the Southeast Quarte~ of the Northwest Quarter lyin§ south of the South line
of the North 528 feet. as measured at Hght ang~ee, thereof;, and lyi3g east of the East line
of the West 545 feel as measured at Hght angles thereof.
AND
5) That port of said North 528 feet of the Southeast Quarter of the Northwest Quart.er. lying,
southwesterly of 'Line X" to be hereinafter desa'lbed, and lying southeasterly of Line Y
to be heeeinafter described; Said Lines X and Y are descried as follows:.
Commencing at the Northeast comer of said Northwest Quorte~. thence South 88 degrees
43 minutes 28 ,econd~ West, assumed basis of bearings, otong the Noeth line of maid
Noethwe~t Quarter for a distance of 101.44 feet to Inter,act the centerline of County
State Aid Highway No. I as now laid out and cor~$tructed; thence South 51 degrees 55
minutes 54 seconds West along sold cente~line far a distance of 1342.50 feet to the
actual Point Of Beginning of ~aid line X to be hereby descrbed; thence South 58
degrees 04 minutes 06 seconds East along said Line X for a distance of g70.64 feet.
more ar les,~ to intersect the East line of said Southeast Quarter of the Northwest
Quarter Md there to terminate said Line X;
Sold Line Y being deec~roed ~ Commencing at ~otd point of terminotlon of Line X;
thence return North 58 degrees 04 minutes 06 seconds West along said Line X foe a
distance of 254.13 feet to the actual Point Of Beginning of taid Line Y to be hereby
described: thence South ,31 degrees 55 minutes O~ seconds We~t along ~old Line Y for o
distance of 410.76 feet to intersect said South llne of the Nc~th 528 feet and there
to terminate said Une Y.
ALL being within Section 17. Township 3-%. Range 26, Sherbu~ne County. Minnesota. Containing
71.00 ccres, more or less. Subject to that I:~rt thereof token foe said County Rood No. ,%3
OVer and across the Northeasterly 32 feet thereof as measured at right angles to said
ce~tedine. Also ~ubject to that p~-t theeeof token for eo~eenents to Northern Stote~ Power
Company. Also ~ubject to other easements of mc-ord, if on),.
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o
10.
EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED
IMPROVEMENTS.
ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE
INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT.
A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND
APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE.
AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED
PRIOR TO COMMENCING GRADING ON SITE.
IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A
LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF
A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM
NSP STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH
THE EASEMENT TO SERVICE LOTS 1 AND 2, BLOCK 2.
ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM THE
CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE
FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET.
CONDITIONS PERTAINING TO APPROVAL OF THE MITIGATION PLAN BE SATISFIED.
THESE CONDITIONS INCLUDE THE FOLLOWING:
THAT ONLY THE RUN-OFF FROM THE PROPOED ROAD AND NOT OVERFLOW
FROM THE ADJACENT WETLAND BE FILTERED TRHOUGH THE PROPOSED
SEDIMENTATION PONDS.
THAT THE COST OF THE PROPOSED MITIGATION PLAN BE COVERED BY A LETTER
OF CREDIT IN FAVOR OF THE CITYI FOR A PERIOD OF ONE YEAR AFTER
COMPLETION.
o THAT A RESTRICTIVE COVENANT BE RECORDED ON THE MITIGATION AREAS.
· THAT SHERBURNE COUNTY APPROVED THE PLAT'S DRAINAGE PLAN.
· THAT THE DEVELOPER SUBMITS A REPORT ON THE WETLANDS TO THE CITY ONE
YEAR AFTER THEIR CONSTRUCTION.
A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM
DRAINAGE INTO COUNTY DITCH NO. 31.
A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED
FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO.
33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR
WITHIN THE COUNTY'S RIGHT OF WAY.
THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED
TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE
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11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH
CONSTRUCTION OF A POND.
OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY.
THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS
AND STREET SIGNS AS PART OF STREET CONSTRUCTION.
A SHARED DRIVEWAY SHALL BE UTILIZED TO SERVE LOTS ,~ AND 6, BLOCK 1.
THE LOCATION OF THE DRIVEWAY SHALL MINIMIZE LOSS OF TREES AND GRADING
ALONG THE NEW ROAD. ANY GRADING ON THE ADJACENT PROPERTY TO THE
SOUTH SHALL BE DONE WITH CONSENT OF THE PROPERTY OWNER.
PARK DEDICATION IN THE AMOUNT OF $13,000 SHALL BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $1,376.60 SHALL BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO
COMMENCING WORK ON THE SITE.
A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN
SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY.
PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED
AND CERTIFIED.
A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND
FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY
ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF
BUILDING PERMITS.
A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
SHALL BE PAID PRIOR TO RECORDING THE PLAT.
A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE
CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE
TREE PROTECTION.
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