RES 06-082
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RESOLUTION NO. 06- Jl2
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Carverwood Hills
Case No. P 06-0 I
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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
May 1, 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, lHEREFORE, BE IT RESOLVED BY lHE CITY COUNCIL OF lHE
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.
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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 fmal 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 Gumphrey and
duly seconded by Council Member Farber . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Motin, Dietz, Gumphrey,
The following voted against the Resolution: and Farber
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 19thdayof June
,2006.
JP~
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EXHIBIT A
Legal Description:
Parcel I
The North 330 feet of the South Half of the Southwest Quarter of the Southwest Quarter, lying
East of the Road, Section 11, Township 33, Range 26;
Parcel II
The North 330 feet of the South Half of the Southeast of the Southwest Quarter, Section 11,
Township 33, Range 26;
Parcel III
The South Half of the Southwest Quarter of the Southeast Quarter of Section 11, Township 33,
Range 26; ALSO the East Half of the North Half of the Southwest Quarter of the Southeast
Quarter of Section 11, Township 33, Range 26;
Parcel IV
The South Half of the Southeast Quarter of the Southwest Quarter of the South Half of the
Southwest Quarter of the Southwest Quarter, lying East of Road, all in Section 11, Township 33,
Range 26;, EXCEPT the North 330 feet of the South Half of the Southeast Quarter of the
Southwest Quarter and the North 330 feet of the South Half of the Southwest Quarter of the
Southwest Quarter, lying East of the Road, all in Section 11, Township 33, Range 26.
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EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. 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 A ONE YEAR
PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON
THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTILTIIES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE
EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND
MITIGATION AREAS.
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE
WETLAND MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS
REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS
DEPARTMENT LETTER DATED 2/22/06 SHALL BE ADDRESSED
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16. PARK DEDICATION FEE IN THE AMOUNT OF $11,760 SHALL BE PAID FOR 4 LOTS
PRIOR TO RELEASING THE PLAT FOR RECORDING. A 10 FOOT WIDE TRAIL
EASEMENT BE GRANTED ALONG COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4
TREES PER CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR
RECORDING
18. THE RIGHT-OF-WAY FOR THE FUTURE CUL DE SAC AT COUNTY ROAD 121
SHOUlD BE PLATTED. THE LOT LINES FOR LOTS 1 AND 5 SHOUlD BE
ADJUSTED SO THAT A 2.5 MINIMUM LOT SIZE IS MAINTAINED.
19. THE LANDSCAPING PLAN BE AMENDED THAT INCLUDES 2 ADDITIONAL
TREES IN EACH OF LOT 1, BLOCK 1 AND 2, THAT ALL BOULEVARD TREES BE
2.5" OAK, MAPLE, LINDEN, OR OTHER STAFF APPROVED TREE.
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