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RESOLUTION NO. 04 - 58
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
West Oaks Second Addition
Case No. P 04-15
WHEREAS, application has been made for final plat approval, pursuant to Article
V. 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
July 21, 2003; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed fmal 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
conforms with all of its requirements.
and
B. The proposed subdivision is consistent with all applicable general
specialized city, county, and regional plans including, but not limited to,
Comprehensive Development Plan.
and
the City's
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.
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D. The proposed subdivision makes adequate provision for water supply,
storm drainage, sewage transportation, erosion control and all other setvlces,
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 f11e 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 Morin and dilly
seconded by Council Member Dietz. The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Motin, Dietz, Kuester, and Tveite
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of July, 2004.
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
I, the undersigned, being the 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 July 19, 2004.
dJ#. WITN~ officially., ,ueh Clerk and the corporate ,cal of the City. this
_'-day of ( , 2004. ~ A /./. ~ "-0'
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
kn I d d b r thi fl\'\~ d f
was ac ow e ge elOre me s L- ay 0
zing, Mayor, City of E
Notary Public
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v'\SY
foregoing instrument was acknowledged befo e me
,~, by Joan Schmidt, City Clerk, City of
~O 0 L/
day of
@~' TINA M. I\LLARD
'.--
'. . '. >;' NOTARY PUBLIC. MiNNESOTA
.:.,:. My Commission Expires Jan. 31, 2005
Notary Public
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EXHIBIT A
Legal Description:
Oudots E and F, West Oaks
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Conditions:
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EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
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.
THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
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.
10. 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.
11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL MAILBOXES BE CLUSTERED.
16. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
18. 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 STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS.
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STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
20. 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.
21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
22. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR
CONTRIBUTION TOWARDS THE COST OF THE WACO STREET INPROVEMENTS.
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