01-018 RESRESOLUTION NO. 01 - 18
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
RIDGES AT RICE LAKE
Case No. P 01-02
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 February 20, 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.
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.
Co 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.
Eo
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 Motin and
duly seconded by Council Member Tveite. The following voted in favor of
the Resolution.
Mayor Klinzing, Councilmembers, Motin, Tveite, Kuester, and Dietz
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 19th day of March, 2001.
-steph~nie Klinzing,~Ma'yor
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 ~'/'/~.~..~./~ , ~ /
WITNESS my hand officially as such Clerk and the corporate seal of the
City this/~ ~--day of ~~/_..__ ,2001.
'~a~dra p~ine,' City~'Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
~'~-(.'~., , 2001, by Stephanie Klinzing, Mayor, .City of
I~day of
Elk River,
Minnesota.
Notary blic/~~~
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this IC{~'~ day of
~¢~r~", ,2001, by Sandra Peine, City Clerk, ~/,~y of EIk, Ri?r,r,r~innesota.
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 Southwest Quarter of the Southwest Quarter of Section 4, in Township 33
North, of Range 26 West, Sherburne County, Minnesota, LESS AND EXCEPT
therefrom the following described tracts: (1) The West 300.00 feet of the South
290.00 feet, as measured along the South and West lines respectively, thereof.
(2) The East 250.00 feet of the West 850.00 feet of the South 468.00 feet, as
measured along the South and West lines respectively, thereof.
AND
The Southeast Quarter qf the Southwest Quarter of Section 4, Township 33,
Range 26, Sherburne County, Minnesota;
AND
The North Half of the Southwest Quarter of Section 4, Township 33, Range 26,
Sherburne County, Minnesota;
AND
The South Half of the Northwest Quarter of Section 4, Township 33, Range 26,
Sherburne County, Minnesota;
AND
The Southwest Quarter of the Northeast Quarter of Section 4, Township 33,
Range 26, Sherburne County, Minnesota.
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EXHIBIT B
1. 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. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED.
3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY
A'ITORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
6. 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 SUBMITrED TO THE CITY FOR THE PERIOD OF ONE YEAR.
7. 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.
8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER 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. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. OUTLOT A, OTLOT B, OUTLOT D AND OUTLOT R BE PLACED IN A CONSERVATION
EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND
TRUST.
13. ALL MAILBOXES BE CLUSTERED.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
15. 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 CLEARING OR GRADING COMMENCING.
16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
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17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
THE BITUMINOUS TRAIL SHALL BE INSTALLED BY THE DEVELOPER. A TRAIL EASEMENT
SHALL BE PROVIDE OVER OUTLOT R AND THAT PORTION OF THE TRAIL ON OUTLOT R
SHALL BE 10 FEET WIDE.
MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED MEDIANS AND
THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE REPOSIBILITY OF THE
HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS
ASSOCIATION AGREEMENT.
ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT INCLUDES FRONT YARD
TREES AND LANDSCAPING DETAILS FOR THE OUTLOTS.
OUTLOT C SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION
REQUIREMENTS.
A WRITTEN NARRATIVE OUTLINING THE ARCHITECTURAL THEME SHALL BE COMPLETED
AND APPROVE BY THE CITY IN ORDER TO RECEIVE THE DENSITY BONUS.
OUTLOT G EITHER BE ELIMINATED OR INCORPORATED INTO THE RIGHT-OF-WAY FOR
TIPTON STREET.
IF STRUCTURES ARE PLANNED FOR ANY OF THE OUTLOTS AND BUILDING PERMITS WILL
BE NEEDED, THOSE OUTLOTS SHOULD BE PLATTED AS LOTS.
THAT A FAIR SHARE CONTRIBUTION TO PAVE 221sT AVENUE BE AGREED TO BY THE
DEVELOPER AND APPROVED BY THE COUNCIL PRIOR TO THE FINAL PLAT BEING
RECORDED°
THERE BE A 25 FOOT FRONT YARD SETBACK TO PRESERVE TREES.
DEED RESTRICTIONS THAT PROHIBIT TREE REMOVAL ON THE REAR 30 FEET OF LOTS 1
AND 2, BLOCK 1 BE RECORDED ALONG WITH THE FINAL PLAT.
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