01-038 RES RESOLUTION NO. 01 -38
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Twin Lake Townhomes 3rd Addition
Case No. P 01-10
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 March 12, 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.
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 a§ 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 ~regoing
Motin
Tveite
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing, Councilmember Motin, Councilmember Tveite,
Councilmember Kuester, Councilmember Dietz
The ~llowing voted againstthe Resolution:
None
The ~llowing we~ absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this /~day of ~.~ , 2001.
CERTIFICATE
STATE OF MINNESOTA
COUN'I-Y 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 L..~/'~ / ? , ~,~/.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this/~'~-day of ~-'~..~...~ ,~oc./
s'andra Peine, ~ity Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ]J~r.~day of
.~me , 2001, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 18thday of
Jtme ,2001, 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:
Outlot A, Twin Lake Townhomes 2nd Addition, Sherburne County, Minnesota
AND,
Outlot J, Trott Brook Farms, Sherburne County, Minnesota.
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EXHIBIT B
Se
e
e
A developer's agreement be prepared and executed outlining the terms and
conditions of plat approval.
That the developer provides homeowner association documents for the City
Attorney's review and approval prior to recording of the final plat.
That an access permit be obtained from Sherburne County for construction
of the proposed access to County Road No. 13 prior to construction.
Surface water management fees be paid in the amount required by the City
at the time of final plat, prior to releasing the plat for recording with
Sherburne County.
Park dedication and trail fees in the amount required by the City at the time
of final plat be paid prior to releasing the plat for recording with Sherburne
County.
That the City Engineer's comments be incorporated into the final plat and
site plan.
That all landscaped areas be irrigated.
All comments and conditions included in the Building and Zoning
Administrator's memo of June 18, 2001 regarding the Technical Evaluation
Panel (TEP) review be included an addressed as follows:
That buffer areas are created in a manner and locations agreed to by the
petitioner and the TEP. In addition, that signage identifying the buffer
areas is placed in the locations agreed to by both.
· That a restrictive covenant and drainage and utility easement be
recorded on the mitigation and buffer areas.
That the Developer's Agreement for the project includes language that
places the responsibility for the success of the wetland mitigation on the
developer.
· That the letter of credit, which covers the public improvements
associated with the project, also includes the cost of the mitigation work.
That the developers 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 the release of the
letter of credit.
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10.
II.
12.
That the developer obtains written approval from the utility to grade in the
gas. line easement.
That any proposed development signs be shown on the development plan
and that a sign permit be obtained from the City prior to installation of any
signs.
That the private road be restricted to parking on one side of the street with
signs indicating "no parking".
That any trees on or off site near the limits of grading that are to be
protected be fenced with a snow fence prior to tree removal or construction
of the public improvements at the drip line to prevent damage to trees be
inadvertent grading, erosion, soil compaction and storage of debris or
equipment in the trees.
1 3. That the retaining walls be structurally engineered and fenced.
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