02-096 RES RESOLUTION NO. 02- qR
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Birchview
Case No. P 02-12
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 July 15, 2002; 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.
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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.
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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
Diet-. The following voted in favor of the Resolution.
Councilmembers Dietz, Tveite, Kuester, and Motin
Mayor Klinzing
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of October, 2002.
teph~nie Klinzing, It/~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 copy of the resolution as adopted by the City Council of the City of Elk
River on October 21, 2002.
WITNESS my hand qfficially as such Clerk and the corporate seal of the
City this ;n'),~~ day of O C~,o~ ~- ,2002.
S'ar{d-ra Pei'ne, City ~lerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~The foregoing instrument was acknowledged before me this ~J_~day of
(~c.~.~'- , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
NOTARY PUBLIC - MINNE,5OTA ~
Notary Public
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STATE OF MINNESOTA SS.
COUNTY OF SHERBURNE
F- ,2002, by Sandra Peine, City Clerk, City pf Elk River, Minnesota.
/
~ ~-~ N¢~Y~L~-~INNE~A ~ N&ta~ Public ~ -
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EXHIBIT A
Legal Description:
The South Half of the Northeast Quarter of the Southeast Quarter of section 14,
Township 33, Range 26, Sherburne County, Minnesota
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Conditions:
EXHIBIT B
1. THERE WILL BE NO ACCESS FROM LOT 1 TO COUNTY ROAD 13.
2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
7. 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.
8. A 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.
9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
12. 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.
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13.
THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT
THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING.
14. ALL MAILBOXES SHALL BE CLUSTERED.
15. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT
SHALL BE ADDRESSED.
16. THAT THE APPLICANT COMPLIES WITH THE WETLAND
CONSERVATION ACT AND THAT:
· A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR
MITIGATION OF WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE
SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR
TO FILLING ANY WETLANDS.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE WETLAND MITIGATION
AREAS WITH THE RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
· THAT THE DEVELOPER 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 RELEASING
THE LETTER OF CREDIT.
· THE SWALE FOR RUN-OFF FROM THE EASTERN PORTION OF
THE ROAD SHALL BE BUILT WITH A DIKE ACROSS IT (MINIMUM
ONE FOOT HIGH) TO TRAP SEDIMENT PRIOR TO DISCHARGING
INTO THE NATURAL WETLAND ON THE PROPERTY AND/OR A
PORTION OF IT IS DEEPENED TO SERVE THE SAME PURPOSE. A
PAD FOR CLEANING THE TRAPPED SEDIMENT SHALL ALSO BE
CONSTRUCTED ADJACENT TO WHATEVER IS SUED FOR THIS
PURPOSE.
17. THE NAME OF THE STREET SHALL BE CHANGED TO 207TM
CIRCLE.
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