96-013 RES RESOLUTION NO. 96 - 13
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
LAFAYETTE WOODS
CASE NO. P 95-2
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 June 19, 1995; and
WHEREAS, a final plat was previously approved by the City Council on
February 26, 1996; and
WHEREAS, the proposed final plat is an amendment to the final plat
approved on February 26, 1996, and 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.
o
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
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 co,rt
G. 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 two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
Farber
Scheel
Mayor Duitsman,
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmembers Dietz, Scheel, Farber and Holmgren
The following voted against the Resolution:
None
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The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this ,.,~Z'~'~ay of
, 1996.
.,/H~n,)~; Duitsman, 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 copy of the resolution as adopted by the City Council of the City of Elk
River on -~~ ,~ ~ ,1996.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ -~'~ay of -P~,,--.--~,~ ,1996.
Sandra Thackeray, City C/rerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~5- day of
~('~'~,cJ~'u , 1996, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
~ [~.~ NOTARY PUBUC-MINNESOTA
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
~'7'~c.~.~t~L- , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
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
Page 5
o
10.
11.
12.
13.
14.
15.
EXHIBIT B
A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE
ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT.
A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER UTILITIES. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY
ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLATTING BE PAID PRIOR TO RECORDING THE PLAT.
A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN WITH
EACH PHASE OF THE DEVELOPMENT TO MAXIMIZE TREE PRESERVATION DURING
CONSTRUCTION; AND, THAT THE USE OF RETAINING WALLS AND OTHER
APPROPRIATE METHODS BE UTILIZED TO PRESERVE AS MANY TREES AS POSSIBLE.
AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THE
DEVELOPMENT.
PROPER EROSION CONTROL BE PROVIDED DURING THE CONSTRUCTION.
AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE DEDICATED ALONG COUNTY ROAD
77.
PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE
SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED GRADES ON EACH LOT.
THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING
THIS PLAT PRIOR RECORDING THE FINAL PLAT WITH SHERBURNE COUNTY.
THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE AMOUNT
REQUIRED BY THE CITY TO COVER THE COSTS OF THE IMPROVEMENTS.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 PERCENT OF THE
IMPROVEMENT COSTS SHALL BE SUBMITTED WITH THE CITY FOR A ONE YEAR
PERIOD.
SIDEWALKS BE PROVIDED ACCORDING TO EXHIBIT C INCLUDED IN THE STAFF
REPORT DATED JUNE 19, 1995.
A COMPLETE AMENITY PACKAGE BE SUBMITTED TO THE CITY FOR REVIEW. THIS
INFORMATION SHALL ADDRESS THE ENTRANCES AT BOTH PROCTOR AND COUNTY
ROAD 1, AS WELL AS LANDSCAPING AND OTHER FEATURES PROPOSED FOR THE
PLAT.
THE RECOMMENDATIONS BY TIM EDGETON OF THE SHERBURNE COUNTY TREE
BOARD BE INCORPORATED IN THE REVISED PLANS, AS STATED IN HIS LETTER TO CITY
PLANNER STEVE ACH.
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16.
17.
18.
19.
20.
21.
22.
FUTURE PHASES OF LAFAYETTE WOODS BE PREPARED IN ACCORDANCE WITH THE
CONDITIONS OF PRELIMINARY PLAT APPROVAL.
PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL
PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN
THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL
NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED
DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE CITY COUNCIL
PRIOR TO FINAL PLAT APPROVAL OF THAT PHASE CLOSEST TO RIDGEWOOD
SUBDIVISION.
APPROPRIATE EASEMENTS BE SHOWN ON FINAL PLAT TO COVER UTILITIES,
WETLANDS, AND DRAINAGE AREAS.
THE CITY ACCEPT OUTLOT A AS A CHARITABLE CONTRIBUTION FROM THE
DEVELOPER.
THE DEVELOPER BE RESPONSIBLE FOR INSTALLING A SECONDARY ACCESS FROM
THE WEST END OF THE FINAL PLAT TO COUNTY ROAD NO. 1 AT THE APPROPRIATE
TIME AS DETERMINED BY THE CITY.
AN EASEMENT FOR PUBLIC STREET, DRAINAGE AND UTILITY PURPOSES BE GRANTED
TO THE CITY TO ACCOMMODATE THE SECONDARY ACCESS FROM THE WEST END
OF THE PLAT TO COUNTY ROAD NO. 1.
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