00-070 RESRESOLUTION NO. 00 - 70
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Woods at Hillside Second Addition
Case No. P 00-14
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 April 19, 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.
Bo
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
o
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
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
Mo~in
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Dietz, Farber, and Motin
The following voted against the Resolution:
None
The following were absent:
Councilmember Thompson
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WHEREUPON the resolution is adopted.
Passed and adopted this~:~//'~ay of ~ ,2000.
~n:ing,~'y~or~
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)/of the resolution as adopted by the City Council of the City of Elk
River on ~ ~/ ,2000.
City this ~/~ay of/Zz.~.'-'""_...~ ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~The foregoing instrument was acknowledged before me this ~ (
~ , 2000, by Stephanie Klinzing, Mayor, City of Elk
MinnesVota.
day of
River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of
,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:
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EXHIBIT B
A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed
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 the public improvements.
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 the period of one year.
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. A 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. A grading and erosion control plan and development plan be approved
by the City Engineer prior to the issuance of building permits.
7. All grading be certified prior to the issuance of building permits.
8. Street lights be installed as recommended by Elk River Municipal
Utilities.
9. A landscape plan and clearing and tree protection plan shall be
approved prior to releasing the plat for recording.
10. All comments of the city Engineer shall be addressed.
11. Minimum setbacks shall be:
Front yard 30 feet
Side yard 10 feet
Rear yard 30 feet
Garage side 5 feet
12.Accessory structure setbacks shall be:
Front yard 30 feet
Side yard 5 feet
Rear yard 5 feet
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13.All mailboxes shall be clustered.
14. Water availability charges to be paid to Elk River Utilities prior to
releasing the plat for recording.
15. The applicant pay park dedication fees consistent with the ordinance
prior to releasing the plat for recording.
16. The name of the street between 195th and 193ra Avenues shall be
labeled as Zane Street on the final plat.
17. Drainage and utility easements be placed over the wetlands on Lots 1
and 2, Block 3 and on Lots 4 and 5, Block 2.
18.Any trees off-site or on-site near the limit of grading that are to be
preserved shall be fenced with a snow fence at the drip line. Staff shall
inspect fencing prior to grading commencing.
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