6.2. SR 02-11-2002River
13065 0rono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
SUBJECT:
Item # 6.2.
MEMORANDUM
Mayor and City Council n/
Scott Harlicker, Senior Plann~ ' ·
February I I, 2002
Case No. P 01-13
Request by Dynamic's Design and Land Company for Final Plat
Approval - Park Pointe
Request
The applicant, Dynamic's Design and Land Company, requests that the City Council
consider their requests for final plat approval of Park Point
Attachments
· Location map
· Preliminary plat
· Final plat
· Memo from the City Engineer
· Resolution No. 02-
Location
NW corner of 175th Ave & Filmore Street
Zoning/Land Use
Rle (Single Family Residential) / MR (Medium Density Residential)
Overview
Phone: 763.441.74:~0
Fax: 763.441.7425
www. ci.elk-river, mn.us
Memo to Mayor and City Council/P01-13
February 11, 2002
Page 2
Existing Conditions
The subject property is 79 acres and has rolling wooded topography covering most of the
site with the exception of the southeast corner. The entire western edge includes a portion
of Kliever's Marsh and a 50-foot wide utility easement traverses the property from east to
west along the north property line. The property includes 2,620 feet of frontage on 175th
avenue and 1,312 feet on frontage on Filmore Street.
The 40 acre parcel to the north recently received preliminary plat approval to be platted as
Eagles Marsh, a 39 lot single family development serviced by municipal sewer and water.
There are also two 20 acre parcels north of the project. One is undeveloped and the other is
a single family residence. The single family residences on the east side of Filmore Street are
zoned Rla (Single Family Residential 2 ~ minimum lot size) and are not within the Urban
Service District. The property on the south side of 175th Avenue is owned by Cargill, zoned
AR (Agricultural Research) and is also not within the Urban Service District.
Kliever's Marsh is considered a Natural Environment Lake by the Department of Natural
Resources; therefore, the Shoreland Ordinance will provide additional lot restrictions above
those required by the underlying zoning of Rle (Single Family Residential 12,000 square foot
minimum lot size).
The City Council approved an amendment to the Comprehensive Plan to include the
property in the Urban Service District prior to 2007 on December 17, 2001. The City
Council approved the preliminary plat for Park Point on January 22, 2002.
Analysis
Final Plat
Overview
The plat is comprised of 95 lots and 8 outlots on 64.13 developable acres. The outlots
include cul de sac islands and median islands at the entrances to the plat and shoreline along
Kliever's Marsh. There is also a 5.6 acre parcel (Outlot E) that will likely be replatted in the
future as a residential lot and a 1.15-acre parcel (Outlot G) for a neighborhood park. The
plat is comprised of 4 cul-de-sac streets and 3 through streets. There is an existing single
family residence on the property that will remain on one of the newly platted lots.
Analysis
Lots
As stated earlier, Kliever's Marsh is classified as a Natural Environment Lake. Therefore,
the Department of Natural Resources and the City of Elk River's Shoreland Ordinance
provides additional restrictions for plats adjacent to shoreland areas. The underlying zoning
district of Rle, Single Family, allows a minimum lot area of 12,000 square feet, with a
minimum lot width of 80 feet. The Shoreland Ordinance requires lots adjacent to Natural
S:\PLANNING\Case Files\P 01-13 ParkPointe\P01-13fin.doc
Memo to Mayor and City Council/P01-13
February I1, 2002
Page 3
Environment Lakes to be 40,000 square feet in area if they are riparian lots (lots adjacent to
the water), or 20,000 square feet in area for non-riparian lots (lots not directly adjacent to the
water). The minimum lot width for these lots must be 125 feet at the front setback. These
standards apply to all lots within 1,000 feet of a Natural Environment Lake's ordinary high
water level. The lots in this plat comply with Shoreline Ordinance and the underlying Rle
zoning district.
The proposed lots are consistent with the preliminary plat approved on January 22na.
Access
The plat will include 3 through streets. Ivanhoe Street, the only access to and from 175th
Ave on the south side of the property and 176th Lane, which runs parallel to the north edge
of the property, connects with Filmore Street to the east. 175th Lane and Grant Street are
internal streets that connect Ivanhoe Street with 176th Lane. 176th Court will connect to the
Eagles Marsh development located north of the property.
The proposed street layout is consistent with the preliminary plat approved on January 22na.
Grading, Drainage and Utilities
The City Engineer will address grading, drainage and utility in his memo. The City Engineer
also notes the following:
· The City Council should authorize the inclusion of sanitary sewer and water in the
175~h Avenue improvement project.
The developer should be required to pay the costs associated with the cost of the
175th Avenue sewer and water improvements.
Landscaping
The developer has submitted a landscape plan, which complies with the ordinance
requirement for one street tree and one yard tree per lot with two of each on corner lots.
Park and Recreation
A total of 5.51-acres will be accepted as park dedication, which is to indude Outlot A and a
1.15-acre parcel (Outlot G) for a neighborhood park with space for a playground structure.
Recommendation
If the City Council authorizes sewer and water be included in the 175th Avenue improvement
project, staff recommends that the City Council approve Resolution No. 02- granting
final plat approval for Park Point with the following conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
S:\PLANNING\Case Files\P 01-13 ParkPointe\P01-13fin.doc
Memo to Mayor and City Council/POI-13
February 11, 2002
Page 4
2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE
STREETS.
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.
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.
ge
ge
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
11.
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.
12.
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.
13.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PER_MITS.
14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
S:\PLANNING\Case Files\P 01-13 ParkPointe\P01-13fin.doc
Memo to Mayor and City Council/P01-13
February 11, 2002
Page 5
16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
17.
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.
18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT
A.
19. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G
TO THE CITY FOR PARK PURPOSES.
20. THE DEVELOPER SHALL PAY FOR THE COSTS OF INSTALLING
SEWER AND WATER ALONG 175TM AVENUE.
S:\PLANNING\Case Files\P 01-13 ParkPointe\P01-13fin.doc
H~LL~DE
PARK
Case Number:
Location Map
P01-13
N
KLIEVER'S ,' 3 '/
MARSH
oUTLOT A
OUTLOT E
- - COURT- m- --
/ 1
~C]IC~ I, TOWNS-tiP 52, RANGE 26
~ ~.
t,j j.,. t.
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5-I
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,,,,,
/
PARK
POINTE
That Cascade I Land Co.. LLC, a Minnesota lin~ted liability company, fee owner of the folloW~ng described
KNOW ALL PERSONS BY THESE PRESENTS:
property situated in the County of Sherburne, State of Minnesota, to
The North Half of the Southwest Quarter of Section t, Township 32, Range 26, Sherburne County. Minnesota.
Has caused the same to be surveyed and platted as PARK PoINTE and does hereby donate and dedicate to the public for public use forever the
streets, avenue, lanes and courts as sba'.~rl on this plat. Also dedlcating to the public for public use forever the easements as show~n on this
plat for drainage and utility purposes only.
In witness whereof s~id Cascade I Land Co., tLC has caused these presents to be signed by its Managing partner this __~ day of 200__.
CASCADE I LAND C0., tLC
Marion Ghnes, Manager
State of Minnesota, County of 200___, by Marion Glines, Manager of Cascade I
The foregoing instrument was acknowledged before me this ..... day of
Land Co., tLC, a Minnesota limited liability company, on behalf of the company~
Notary Public
County, Minnesota
My Comnnssi°n expires:_
I hereby certify that I have surveyed and platted the property described on this plat as PARK POINTE; that this plat is a correct representation and hundredths of a foot; that all monuments have been or will be
of the survey; that all distances see correctly shown on the plat in feet as specified by the approving local governmental unit; that
correctly placed in the ground as shown within one year after recording, or sooner,
the outside boundary lines are correctly designated on the plat; and that there see no wet lands or public highways to be designated other than
as shown on the plat as defined in Minnesota Statutes 505.02. Suud. 1.
Rick M. Blare, Land Surveyor
Minnesota License No. 21729
State of Minnesota, County of
The foregoing Surveyor's Certificate was acknowledged before me i:his
Surveyor, Minnesota Lzcense No. 21729.
day of
200__, by Rick M. Blom. Land
Notary Public
County, Minnesota
My Commission exp~res:__-
Approved and accepted by the City Council of the City of Elk Rim;r, Sherbu~ne County. Minnesota at a meeting held on the ~ day of
200___.
Mayor
Bye_
Clerk
Attested:_
I hereby certify that proper evidence of title has been presented to ~ud examined by me and I hereby approve this plat as to. form and execution
200__.
this ~ day of
Elk River City Attorney
pursuant to Sherburne County Ordinance Number 006. I hereby certify that this plat has been checked and approved as to compliance with Chapter
505, Minnesota Statutes this _~ day of ' 200__
Sherburne County Surveyor
I hereby certify taxes payable in the year
transfer was entered this ~ day of
on lands herein described are paid in full, and there see no delinquent taxes, and that
200--
Sherburne County Auditor/Treasurer
I hereby certify that this instrmnent was filed in the Office of the County Recorder for record on tIns
200 ....at __~ o'clock ..... M. and was duly recorded as Document No.
day of
Sherburne County Recorder
CITY OF ELK RIVER,
SHERBURNE COUNTY, MN.
John Oliver & Associates
SHEET I OF 5 SHEETS
CURVE TABLE
CURVE I LENGTH ~ RADIUS DELTA CURVE LENGTN RADIUS DELTA
el 48.44 {ZO.O0 23°07'48" CI6 56.54 25.00 83°~.4'51''
C2 48.76 180.00 15°31'10'' CI7 43.04 480.00 5°08"17"
C5 23.91 i80.00 7°36'38" CI8 21.29 4-20.00 2'54'16"
C4 2L95 ~70.00 7'2Y53" CI9 39.27 25.00 90°00'00"
C5 52.98 370.00 8°12'18'' C20 59.27 25.00 90'00'00"
C6 39.2f ~00.00 22'27'50" C21 39.27 25.00 90'00'00"
C7 23.03 100.00 13°11'43'' 022 39.27 25.00 90°00'OO"
C8 45.37 I00.00 25~59'45" C23 16.34 ~00.00 9°21"4Y'
C9 ~6.87 I00.00 9°39'47" C24 61.46 I00.00 35°12'48''
CIO 58.52 25.00 87°49'14'' C25 50.70 82.50 21°19'25"
CII 39.79 25.00 gl°Il'Il" C26 30.23 180.00 9°3T20''
CI2 37.23 470.00 4°32'21" C27 5.57 120.00 1'42'21"
C13 3961 500.00 4°32'21" C28 18.26 255.00 4°06hl''
CI4 41.99 530.00 4°32'2¢ C29 ¢9.08 ~80.00 15°37'26`'
CI5 36.54 25.00 83°44'51'' C30 30.16 82.50 20°56'54''
175TH COURT
175TH
175TH LANE N.W.
33.5
AVE.
DETAIL
N
100
PARK
GRAPHIC SCALE
0 50 100
200
( SCALE IN FEET )
WITNESS CORNER TO WEST I/4
CORNER OF SEC. I, T. S2, R. 26.
~- A SHERBURNE COUNTY MONUMENT
~.~.. ~- ?K' xx /
..w. co..~ OF s.w. ,/~ / ~ ..... ~__ J. ~ . . ~ . . __ q-
PO NTE
Scale: I inch = I00 feet
For the purposes of this ptot, the West
Line of the $.W. I/4 of Sec. I, T. 32, R. 26,
is assumed to bear South 01°31'24'' West.
o Denotes I/2 inch x 14 inch iron pipe set
with o ptostic plug stomped R.L.S. 21729.
0 Denotes I/2 inch x 14- inch iron pipe with
o plastic plu9 stomped R.L.S. 21729 to be
set within I year of recording this plot.
297.08
Droindge and Utility Easements shall
be shown thus:
Wet Land
Wet Land
OUTLOT A
£__Jl~_ _fL_
t
Being 10 feet in width and adjoining
right-of-way lines, unless otherwise
indicated, also being 5 feet in width
and adjoining lot lines, unless other-
wise indicated, OS shown on the plat.
/.....~-- NORTH LINE OF ~W.l/4 OF SPC. I, T. 32, R. 2~-
'"2625.27 .~ ~
4
lO
'--i'
OUTLOT E ';' =
9
11
Nsg%2'20"E 485.1A ·
.... ~.~ - 7~o- - 7 ~/
3 ~ .~ ~
4
S.W. CO~NER OF THE
NORTH I/2 OF THE S.W. I/4
I /
[86 t0
6
COURT
188.70
1
162.94
N86°sg'23"W
-I
-- 175TH 5{ ~ 175TH LANE
'1
,,," UTIUTY EASEMENT "~ Iii ~ z
175TH AVENUE '--o~ ~ N.W,
21
CITY OF ELK RIVER,
SHERB URNE CO UNTY,
17STH AVENUE ..... eg'52'20"E ..... ' Z_ ~ -.7 bO ~ &..~.~, 58 "r_r-
..... SOUTH UNE Of' THE NORTH I/2 OF S.W. 1/4 OF S¢'0. I, T. 32. R. 26.
SEC. I, TWP. 32, RNG. 26
\
\
\
6 2
5
6
19
20
2620.12 ---
John Oliver
MN.
& Associates
CURVE TABLE
CURVE LENGTH RADIUS DELTA
CI 39.27 25.00 90°00'00''
C2 3927 25.00 90°00'00"
C3 61.29 60.00 58°31'30°
C4 51.71 I00.00 18010'00`'
C5 6.98 60.00 6°39'46"
66 56.77 200.00 t6'15'51°
67 25.59 260.00 5°38'18"
C8 1646 26000 5°37'41''
C9 40.95 25.00 93°50'41''
CIO 3759 25.00 86°09'19''
Oil 21.55 330.00 3°¢4'28''
Cl2 54.79 270.00 7'25'00"
Cf3 42.93 25.00 98'23'34"
CI4 55.71 330.00 9°40'24''
6~5 35.25 330.00 6°OTiO''
016 19.40 270.00 4°0700"
CI7 59.98 270.00 12°43'38''
C18 19.95 330.00 3°27'35"
CI9 19.76 330,00 3°25'49''
C20 55.85 270.00 11°51'07'`
C21 39.27 25.00 90°00'00"
C22 12.69 270.00 2°4¢32°
023 40.90 270.00 8°40'4T'
C24 34.82 25.00 79"48'28"
C25 22.02 180,00 7°00'29''
C26 53.62 I00.00 30°43'23'
C27 30.1l I00.00 17"15'14"
C28 47.71 82.50 33°07'55''
CZ9 50.80 82.50 35°16'46"
C30 50.,~9 82.50 35°03'¢4''
C31 47.54 100.00 27'07'2¢°
C32 28.01 I00.00 16°03'00"
C33 15.08 25.00 34°33'46"
C34 16.17 25.00 37°03'42''
C35 20.39 330.00 3°32'26'
C36 45.11 330.00 7°¢9'53"
9
g 176TH
OUTLOT F--~.NI59.sg'2T'w N89'Jg'27"W
30.00 .... 55.29
--,,g~ ~..,..~.%..--"_ - ":--7 ~ - -
.~ ~" ,,,, ,,,,
LANE
DETAIL
DETAIL
PARK
NORTH LINE OF S.W.I/4 OF SEC. I, T. 32, R. 26.-~-........
.....S89%9'27"E 2625.27 .... ,
t3 . 5 10
POINTE
N86°$g'25"W
ii 176..~TH_ __--
4
10
N86'59'23"W
~7
10t.~ ~.
?
145.52
OUTLOT G
N~)"sg'27'W ._~91.34
LANE
~ N.W. N89"39'27"W 420.53
57&4~
12
.:.; II
I
N~8~d I§ °W
I
N89' 4~'58 "__W 383.05
175TH LANE N.W.
7
11
! 381.01 ~ Z30.98"
o 175TH AVENUE N.W.
86Z98
\
8\
\
10
-~,,,.,. ~ __S89O¢4,58,,E '--,~5='~0"E 2620.12---- ~75,m ^V.~r,'UE N.',V.
'"~'----sOUTH LINE OF THE NORTH I/2 0¢ S.W. 1/4 OF SEC. l, T. 32, R. 26.
N.E. CORNER OF THE
NORTH I/2 0¢' THE S.W. I/~,
OF SEC. I. T. 32. R. 26.
$*E. CORNER OF THE
NORTH I/2 CF THE S.W. I/4
,- o,~., ,-o
CITY OF ELK RIVER,
SHERBURNE CO UNTY, MN.
SEC. I, TWP. 52. RNG. 26
N
GRAPHIC SCALE
100 0 50 100 200
( SCALE IN FEET )
Scole: I inch : I00 feet
For the purposes of this plot, the West
Line of the S.W. I/4 of Sec. 1, T. 32, R. 26,
is ossumed to beor South 0¢31'24" West.
0 Denotes I/2 inch x 14 inch iron pipe set
with o plastic plug stomped R.L.$. 21729.
® Denotes I/2 inch x 14 inch ~ron pipe with
s plostic plug stamped RIL,S. 21729 to be
set within I year of recording this plat.
Drainage and Utility Easements shall
be shown thus:
,°[ iiI __t®
Being I0 feet in width and odjoinin9
right-of-way lines, unless otherwise
indicated, also being 5 feet in width
ond adjoining lot lines, unless other-
wise indicoted, os shown on the plat.
John Oliver & Associates
Howard R, Green Company
February 7, 2002
File: 8~ 5360J-0240
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: PARK POINTE FINAL PLAT
Dear Council Members:
We have reviewed the final plat of Park Pointe, which is the development of the Mitchell
property north of 175th Avenue and west of Fillmore Street. During our review, we noted a
number of minor issues that needed to be addressed relative to drainage and utility easements.
The Developer has made all the adjustments noted; therefore, we are prepared to recommend
approval of the final plat of Park Pointe contingent upon two items. These two items are as
follows:
As the City Council is aware, sanitary sewer and water to serve Park Pointe is located at
Tyler Street and 175th Avenue. In order to provide utility service to Park Pointe, sanitary
sewer and water need to be extended along with the reconstruction of 175th Avenue. At
a recent City Council meeting, the Council adopted a resolution authorizing eminent
domain for the remaining easements necessary to construct 175th Avenue. In order to
proceed with the final plat of Park Pointe, the City Council should authorize the inclusion
of sanitary sewer and water in the 175th Avenue improvement project.
Staff would recommend that a condition of the final plat be that the Developer pay for
any and all costs associated with the extension of sanitary sewer and water down 175th
Avenue from Tyler Street to the Park Pointe plat. The sanitary sewer in 175th Avenue
would be lateral in nature, and the watermain would be trunk sized. The reason for this
recommendation is that the abutting properties along 175th Avenue are either out of the
urban service area on the south side or in the urban service area but noted to not
receive service until at least 2007. Therefore, the City has no other option available for
funding this extension of sanitary sewer and water, other than to be paid for by the
Developer of Park Pointe.
This is the same approach that was used when Kliever Lake Fields requested inclusion
into the urban service area a year or so ago. The condition put on that plat was that they
had to pay all costs associated with getting sanitary sewer and water to their
development. In their case, the extension of sanitary sewer and water to their
development was much shorter, since Trott Brook Farms is located across the street at
their northwest corner.
Ltr 2-7q:)2 Council
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Honorable Mayor and City Council
February 7, 2002
Page Two
It has just come to staff's attention on Wednesday, February 6, 2002, that this position
was misunderstood by the Developer of Park Pointe. Staff had been discussing this
issue with the Developer and thought that the staff and Developer were understanding
the same. Apparently, the Developer was under the impression that the trunk sanitary
sewer and water assessment that would be levied against his development when it is
included in the urban service area would used to fund the extension of sanitary sewer
and water facilities under 175th Avenue. This had never been the City staff's intent.
If you have any questions regarding these issues, I will be in attendance at your February 11,
2002, City Council meeting.
Sincerely,
Howard R. Green Company
Terry J/Maurer, P.E.
TJM:tw
Ltr 2-7-02 Council
Howard R, Green Company
CONSULTING ENGINEERS
RESOLUTION NO. 02 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Park Point
Case No. P 01-13
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 January 22, 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.
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.
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
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
The following voted against the Resolution:
The following were absent:
Document2 Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,2002.
Stephanie Klinzing, Mayor
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 ., 2002.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2002.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
., 2002, by Stephanie Klinzing, Mayor, City of Elk
Minnesota.
day of
River,
Notary Public
Document2 Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
Document2 Page 4
EXHIBIT A
Legal Description:
The north half of the southwest quarter of Section 1, Township 32, Range 26,
Snerburne County, Minnesota
Document2 Page 5
EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE
STREETS.
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. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL
UTILITIES FOR WATER AVAILABILITY CHARGES.
8. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL
GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER.
9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
10.THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
11.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.
12. 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.
13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
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14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
17.
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.
18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A.
19. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G TO
THE CITY FOR PARK PURPOSES.
20. THE DEVELOPER SHALL PAY FOR THE COSTS OF INSTALLING SEWER
AND WATER ALONG 175TM AVENUE.
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