00-058 RESRESOLUTION NO. 00 -58
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Twin Lakes Townhomes
Case No. P 00-7
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk Ri~er 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
Farber
Dietz
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing; Council Members Dietz, Farber and Motin
The following voted against the Resolution:
Council Member Thompson abstained - conflict of interest
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ,~//~day of ~-~ ,2000.
Stepl~anie Klinzing, May~ /
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 cop,3( of the resolution as adopted by the City Council of the City of Elk
River on C,~ ,~ ,2000.
WITNESS my hap, d offi. cially as such Clerk and the corporate seal of the
City this,~?f-~day ofC~ ,2000.
~andra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Mi~e The foregoing instrument was acknowledged before me this ¢,'¢ day of
· M.-.L-'-/, 2000, by Stephanie Klinzing, Mayor, City of Elk River,
sota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~cf day of
~-"~j~.~ , 2000, by Sandra Peine, 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
Legal Description:
THE NORTH LINE OF THE SW ¼ OF THE NW ¼, SECTION 35, TOWNSHIP
33, RANGE 26, ASSUMED TO BEAR NORTH 89° 52' 20" EAST, SHERBURNE
COUNTY, MINNESOTA.
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EXHIBIT B
o
o
o
11.
12.
13.
14.
THAT THE COMMENTS OF THE COUNTY HIGHWAY ENGINEER BE INCORPORATED INTO
THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM
SHERBURNE COUNTY FOR THE PROPOSED ACCESS ONTO COUNTY ROAD 13 PRIOR
TO CONSTRUCTION.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL.
THAT THE PLAT AND DEVELOPMENT CONFORM TO THE CITY OF ELK RIVER
ORDINANCES.
THAT THE DEVELOPER PROVIDES HOMEOWNERS ASSOCIATION DOCUMENTS FOR THE
CITY AI'rORNEYS REVIEW AND APPROVAL PRIOR TO THE RECORDING OF THE 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 WITH
SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH
SHERBURNE COUNTY.
THAT AN EASEMENT BE PROVIDED FOR A CITY TRAIL AS RECOMMENDED BY THE PARK
AND RECREATION COMMISSION OVER THE EAST AND WEST TRAILS TO ALLOW PUBLIC
ACCESS.
THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY
PLAT AND SITE PLANS.
THAT ALL LANDSCAPED AREAS BE IRRIGATED.
THAT PHASE TWO BE CONTINGENT ON THE RECOMMENDATIONS OF THE TECH PANEL
AND ARMY CORPS OF ENGINEER REVIEWS, OR, AVOIDANCE OF ALL WETLAND
IMPACTS.
THAT THE DEVELOPER OBTAINS WRI'n'EN APPROVAL FROM THE UTILITIES TO GRADE IN
THE GAS AND POWER LINE EASEMENTS.
THAT THE PARKING AND PAVEMENT BE REMOVED FROM THE 6TM STREET BOULEVARD
WHERE DISRUPTED BY UTILITY WORK AND RESTORED WITH TURF.
THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT
PLANS AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO
INSTALLATION OF ANY SIGNS.
THAT THE PRIVATE ROADS BE RESTRICTED TO PARKING ON ONE SIDE OF THE STREET
WITH SIGNS INDICATING NO PARKING.
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15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE
PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR
CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLINE TO PREVENT
DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND
STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES.
16. THAT RIGHT-OF-WAY BE GRANTED FOR THE LINE AVENUE CUL-DE-SAC.
17. ANY SIGNIFICANT CHANGES TO THE PRELIMINARY PLAT INCLUDING REMOVAL OF
THE CUL-DE-SACS NECESSITATES A REPLAT OF PHASE II.
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