RES 06-041
.
.
.
RESOLUTION NO. 06 _ 41
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Heritage Maples
Case No. P 05-16
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, 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
January 17, 2006; 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.
ch-lf I
.
.
.
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 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 Motinand duly
seconded by Council Member Dietz The following voted in favor of the
Resolution:
Mayor Klinzing, Councilmembers Motin, Dietz, Gumphrey,
and Farber
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 17th day of April, 2006.
Page 2
.
.
.
EXHIBIT A
LEGAL DESCRIPTION
That part of the Southwest % of the Northwest % of Section 31 , Township 33, Range 26,
Sherburne County, lying South of the right-of-way for US Highway 10 & 52
And
Oudot A, West Oaks Addition, Sherburne County
Page 4
.
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. The Letter of Credit shall cover wetland mitigation. Drainage easements shall be in
place over the wetland and the wetland mitigation areas.
4. Restrictive covenants shall be recorded on the wetland and the wetland mitigation
areas.
5.
6.
7.
8.
.
9.
A three year monitoring report on the wetland mitigation is required.
The City Engineer's comments be incorporated into the plans.
Street lights be installed as required by Elk River Utilities
A letter of credit be provided to the city in the amount of 100% of the costs of the
public improvements.
Upon completing all of the improvements and having them accepted by the city, a
warranty bond in the amount of 25% of the improvement costs shall be submitted to
the city for the period of one year.
10. A sealcoat fee in the amount to be determined by the City Engineer be paid prior to
releasing the plat for recording.
11. A grading and erosion control plan be approved by the City Engineer prior to the
issuance of building permits.
12. A development plan be approved by the City Engineer prior to the issuance of
building permits.
13. All grading be certified prior to the issuance of building permits.
14. All mailboxes be clustered.
15. A tree preservation plan be approved prior to releasing the plat for recording.
.
16. 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
Page 5
.
storage of equipment, debris or materials. Staff shall inspect fencing prior to grading
commencmg.
17 . Water accessibility fees in an amount determined by the city be paid prior to
releasing the plat for recording.
19. The developer shall work with the city on an oak wilt suppression program. This
program shall be approved and in place prior to any tree removal.
20. All comments contained in Rebecca Haug's memos dated 9/13/05 and 9/29/05
shall be addressed.
21. Park dedication fee in the amount applicable at the time of final plat approval shall
be paid for the 52 units.
22. The townhome development shall be for residents 55 and older. The Developer shall
develop a legal covenant, acceptable to the City Attorney, that allows rental or sales
only to individuals 55 or older.
23. Developer shall construct a service drive from 144th Street in Big Lake Township to the east
boundary of the plat.
.
.
Page 6
.
.
.
CERTIFICATE
STATE OF MINNESOTA
COUN1Y OF SHERBURNE
CI1Y 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 copy of the
resolution as adopted by the City Council of the City of Elk River on April17, 2006.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
-U..t:)jay of April , 2006.
.~
Page 3