00-042 RESRESOLUTION NO. 00 - 42
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Rolling Hills
Case No. P 00-6
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 May 15, 2000; 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:
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.
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.
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.
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 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
FARBER and duly seconded by Council Member
THOMPSON The following voted in favor of the Resolution.
NAYOR KLINZING, COUNClI2iEHBERS FARBER AND THOHPSON
The following voted against the Resolution:
COUNCILHEHBER MOTIN
The following were absent:
COUNCII.NEHBER DIETZ
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WHEREUPON the resolution is adopted.
Passed and adopted this/4 ~day of ~~ ,2000.
S~ep a~ni~ Klinzin~,*~gor~
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 co, p~y of the resolution as adopted by the City Council of the City of Elk
River on ~ /~' ,2000.
WITNF__~S my hand..~officially as such Clerk and the corporate seal of the
City this ?e"'~ay of~,~~_ ,2000.
S"andra Peine, Cit-y Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
~t_..~.ct-G. , 2000, by Stephanie
Mir~esota.
'~ day of
Klinzing, Mayor, City of Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~)~ day of
Mi~nes--r~- , 2000, by Sandra Peine, City Clerk, City of Elk River,
ota.
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
Legal Description:
The Northeast Quarter of the Northwest Quarter, together with the South Half of
the Northeast Quarter of Section 1, Township 33, Range 26, Sherburne County,
Minnesota.
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EXHIBIT B
o
10.
11.
12.
13.
14.
15.
16.
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE
RECORDED WITH THE FINAL PLAT.
THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE
PRELIMINARY PLAT.
THAT A HOMEOWNER'S ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE
CITY AI"rORNEY REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
THAT STREETLIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
PUBLIC IMPROVEMENTS.
THAT PARK DEDICATION BE PAID AT THE RATE REQUIRED BY THE CITY FOR 11 LOTS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
THAT AN ACCESS EASEMENT BE GRANTED TO THE CITY OVER THE 40-ACRE SET ASIDE
FOR TRAIL ACCESS SHOULD A REGIONAL RECREATIONAL FACILITY BE CREATED ON
AN ADJACENT PARCEL.
THAT 68.36 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT TO BE HELD
EITHER BY THE HOMEOWNER'S ASSOCIATION OR A QUALIFIED LAND TRUST.
THAT 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.
THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY
BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
THAT THE CLEVELAND STREET EXTENSION BE PAVED TO THE NORTH PROPERTY LINE.
THAT A GRADING AND EROSION CONTROL PLAN AND LIMITED DEVELOPMENT PLAN
BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
THAT A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
RELEASING THE PLAT FOR RECORDING.
THAT A LANDSCAPE PLAN BE SUBMITTED THAT SHOWS ONE STREET AND ONE YARD
TREE PER LOT AND ADDITIONAL PLANTINGS ALONG THE PROPERTY LINES OF LOT 1,
BLOCK 1, AND LOT 7, BLOCK 3.
THAT ALL MAILBOXES IN THE DEVELOPMENT BE CLUSTERED.
THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIPLINE TO PREVENT
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17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT PRIOR TO
COMMENCEMENT OF GRADING.
THAT THE PRIMARY AND SECONDARY SEPTIC SITES BE PROTECTED WITH SNOW FENCE
TO PREVENT GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT
PRIOR TO COMMENCEMENT OF GRADING.
THAT AN ENDOWMENT TO THE CONSERVATION EASEMENT HOLDER BE PROVIDED
WHERE THE PRINCIPLE WOULD GENERATE SUFFICIENT ANNUAL INTEREST TO COVER
THE HOLDER'S YEARLY COSTS TO ENFORCE THE CONDITIONS OF THE EASEMENT.
THAT THE APPLICANT IS REQUIRED TO SUBMIT A THEME, WHICH IS DEFINED AND
DOCUMENTED, INCLUDING THE LOCATION OF SIDE-LOADED GARAGES AND FRONT
PORCHES.
THAT THE OWNERSHIP AND REMODELING OF THE BARN BE SPECIFICALLY DEFINED BY
THE DEVELOPER.
THAT SIDEWALK AND TRAIL DETAILS BE PROVIDED, SHOWING A SIDEWALK TO
CONNECT JARVIS TO THE TRAIL SYSTEM, AND ALSO SHOWING WHERE THE TRAIL WILL
GO THROUGH THE LOWLANDS AND WHAT IT WILL LOOK LIKE.
STAFF AND THE DEVELOPER SHALL REACH AN AGREEMENT REGARDING THE
DEVELOPER'S SHARE OF PAVING JARVIS STREET.
THE APPLICANT SHALL COMPLETE THE WETLAND MITIGATION PROCESS FOR
WETLANDS IMPACTED ON THE SITE PRIOR TO APPROVAL OF THE FINAL PLAT.
THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE
RECORDED ON THE MITIGATION AREAS.
THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT
PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE
DEVELOPER.
THAT THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF THE MITIGATION
WORK.
THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED
AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE
LETTER OF CREDIT.
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