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02-061 RES-- RESOLUTION NO. 02 - 61 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms South 2"d Addition Case No. P 02-14 ,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 I~as 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 December 17, 2001; 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. 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. 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. 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 Tveite and duly seconded by Council Member Motln The following voted in favor of the Resolution. Mayor Klin~-ing, Councilmembers Kuester, Motin, and Tveite The following voted against the Resolution: None The following were absent: coUncilmember Dietz Document4 Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 15th day of July, 2002. Stepl~nie Klinz~' 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 July 15, 2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this 15 day of , 2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE · The foregoing instrument was acknowledged before me this ~ ~t.,t~¢; , 2002, by Stephanie Klinzing, Mayor, City of Elk MinnesOta. day of River, Notary Public Document4 Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE foregoing instrument was acknowledged before me this /S day of ,2002, by Sandra Peine, City Clerk, City 9f Elk River,-'~--~nesota.  Notary Public Document4 Page 4 EXHIBIT A Legal Description: Outlots C and D, Trott Brook Farms South Document4 Page 5 - EXHIBIT B Conditions: I0. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIPIED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO TWIN LAKES ROAD. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEYELOPER'S AGREEPIENT OUTLINING THE TERPIS AND CONDITIONS OF THE DEVELOPMENT. THAT THE MAILBOXES SHALL BE CLUSTERED. ANY ADDITIONAL ARTIFACTS THAT ARE FOUND DURING ANY PHASE OF THE PROJECT SHALL BE REPORTED IPIPIEDIATELY TO THE CITY AND SHPO. THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEES IN THE APIOUNT DETERPIINED BY THE CiTY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERHINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. Document4 Page 6 I I.WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 13.A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 14. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 15.A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. 16. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 17. OFF-STREET PARKING SHALL BE PROVIDED AS REQUIRED BY THE ORDINANCE. 18. BUILDING MATERIALS SHALL COMPLY WITH THE ORDINANCE. 19. 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 TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 20. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. Document4 Page 7 Document4 Page 8