96-020 RES RESOLUTION NO. 96 - 20
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
NORDIC WOODS
CASE NO. P 95-8
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 March 25, 1996; 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.
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.
o
o
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.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
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
HolmKren
resolution was introduced by Counci! Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Farber, Holmgren and Duitsman.
The following voted against the Resolution:
None.
Thefollowing were absent:
Dietz and Scheel.
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VVHEREUPON the resolution is adopted.
Passed and adopted this 'l'lthday of A_oz:~.]_ ,1996.
enr'~uit~man, 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 ~/m..,.'? ././ ,1996.
WlTN.ESS my ha~d officially as such Clerk and the corporate seal of the
City this /,/-c'"day of ¢/../__...o_.~, ~, 1996.
, , /
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
.(,~The foregoing instrument was acknowledged before me this /'/¥)'~day of
762¢' , 1996, by Henry Duitsman, Mayor, City of Elk River,
M~nr~esota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
{~,~:) _~.(¢/q _.,/The foregoing instrument was acknowledged before me this /f/~/'~ day of
' , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
M~nnesota.
T~IY PIJBM~II~iESO'B,
~ ~ My Comm. ~i~ J~. 31, 2~
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
That part of the North Half of the Northeast Quarter of Section 29, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Southeast corner of said North Half of Northeast
Quarter and proceeding thence north along the east line thereof for a distance of
36 rods; proceeding thence west and parallel with the south line of said North
Half of Northeast Quarter to the center line of the Meadow Vale Road, as the
same is now laid out and traveled; proceeding thence southeasterly along the
center line of said Meadow Vale Road to the south line of said North Half of
Northeast Quarter proceeding thence easterly along said south line to the point
of commencement.
and,
That part of the South Half of the Northeast Quarter of Section 29, Township 33,
Range 26, Sherburne County, Minnesota, lying northeasterly of the centerline of
County Road No. 1 and which lies westerly and northerly of the following
described line:
Commencing at the Northeast corner of said South Half of Northeast
Quarter; thence on an assumed bearing of South 89 degrees 14 minutes
18 seconds West along the north line thereof a distance of 1005.69 feet to
the point of beginning of the line to be described; thence southerly 4.11
feet on a non tangential curve concave to the west having a radius of
230.00 feet a central angle of 01 degrees 01 minutes 21 seconds and a
chord that bears South 2 degrees 20 minutes 34 seconds East; thence
South 01 degrees 49 minutes 53 seconds East tangent to said curve a
distance of 98.54 feet; thence southeasterly 60.54 feet on a tangential
curve concave to the east having a radius of 120.00 feet and a central
angle of 28 degrees 54 minutes 16 seconds; thence South 30 degrees 44
minutes 09 seconds East tangent to said curve a distance of 81.98 feet;
thence South 60 degrees 02 minutes 31 seconds West a distance of 280
feet more or less to the centerline of County Road No. 1 and said line
there terminating.
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EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS
FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 2/19/96, BE
ADDRESSED AND INCORPORATED INTO REVISED PLAT.
RECOMMENDATIONS FROM THE PARK AND RECREATION COMMISSION BE
INCORPORATED INTO THE PLAT AND A PARK DEDICATION PAYMENT BASED ON A
PER LOT BASIS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. DEVELOPER
SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE
TO WATER CONNECTION FEES.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $5,067.60 BE PAID PRIOR
TO RECORDING THE PLAT WITH SHERBURNE COUNTY.
ALL OF THE APPROPRIATE APPROVALS BE RECEIVED FROM THE DNR REGARDING
ANY IMPACT TO THE STREAM, PRIOR TO RECORDING THE FINAL PLAT.
A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH THE GRADING PLAN FOR
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
DURING THE CONSTRUCTION.
AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS
DEVELOPMENT.
A DETAILED EROSION CONTROL PLAN BE SUBMIT[ED AND APPROVED BY THE CITY
ENGINEER AND DEPARTMENT OF NATURAL RESOURCES, PRIOR TO COMMENCING
GRADING ON SITE.
APPROPRIATE PERMITS BE OBTAINED FROM SHERBURNE COUNTY HIGHWAY
DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT-OF-
WAY.
PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE
SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED FLOOR ELEVATIONS AND
APPROVED BY THE CITY ENGINEER.
THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING
THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH THE COUNTY.
THE DEVELOPER PROVIDE A LETTER OF CREDIT TO THE CITY IN THE AMOUNT OF 100%
THE COSTS ASSOCIATED WITH IMPROVEMENTS.
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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 TO THE CITY FOR A ONE YEAR PERIOD.
LOTS 6 AND 7, BLOCK 1, BE DEVELOPED WITH A SHARED DRIVEWAY IN ORDER TO
MINIMIZE IMPACTS TO THE DNR STREAM,
LOT 8, BLOCK 1, BE REQUIRED TO UTILIZE THE EXISTING DRIVEWAY AS ACCESS TO
THE BUILDABLE PORTION OF THE LOT.
CONTROLLED ACCESS BE PROVIDED ON THE PLAT ALONG COUNTY ROAD NO. 1.
TO HELP BUFFER THE HOMES FROM COUNTY ROAD NO. 1, PARTICULARLY LOT 8,
BLOCK 1, ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE WESTERN LIMITS
OF THE PLAT. A PLAN MUST BE SUBMITTED DEMONSTRATING THE ADDITIONAL
LANDSCAPING.
TREE PROTECTION PLANS ALONG WITH EACH BUILDING PERMIT BE SUBMITTED TO
MAXIMIZE THE SAVING OF TREES DURING HOME CONSTRUCTION.
THE PROPOSED STREET EXITING THE DEVELOPMENT ONTO COUNTY ROAD NO. 1 BE
DESIGNED WITH THE APPROPRIATE GEOMETRICS TO ALIGN WITH COUNTY ROAD
NO. 44 WEST OF COUNTY ROAD NO. 1.
STREET LIGHTS BE PROVIDED THROUGHOUT THE DEVELOPMENT AS REQUIRED BY ELK
RIVER UTILITIES.
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