03-026 RES RESOLUTION NO. 03 - 2__6
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Hillside Estates 9th Addition
Case No. P 03-03
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 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:
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.
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.
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.
Mayor Klinzing, Councilmembers Tveite, Dietz, and Kuester
The ~llowing voted againstthe Resolution:
Councilmember Motin
The ~llowing we~ absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of April, 2003.
~te~p ;nie Klinzing~-'~'~r/' '7
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 _]-~-)_~,\ ~,,.\$'/' , 2003.
WITNESS my hand officially as such Clerk and th~ corporate seal of the
City this ~j:~l- day of ._~-')~-',/ ,2003.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
,~O The foregoing instrument was acknowledged before me this ~ day of
i"~ , 2003, by Stephanie Klinzing, Maygr, City of Elk River,
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged befo~re me this ~,1Sfl- day of
../~. ",~. ,2003, by Sandra Peine, City Clerk, C~y'of EIk/~i~ver.~ innesota.
.................... ._ ,.. ;/Z/:' '
~~J Notary Public
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EXHIBIT A
Legal Description:
That peat of the Northeost Quartet' of Section 2'7 and the Northwest Oueater ol the Northwest Quarter ct Sectio~t 26, oil being in Townshio 53, Range 26, SherOurne
t0 seconds West. not tcmgent to said test described curve, a distance of 205.39; thence South 86 degrees 4.5 minutes 50 seconds [est, a distance of 94.4.2 feet;
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Conditions:
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTAI.I ATION
OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
4. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
THAT THE PROPOSED PARK (OUTLOT D) BE ACCEPTED TOWARDS PARK
DEDICATION (WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND
UTILITY CORRIEX2}R) AND THE REMAINING DEDICATION REQUIREMENTS
BE ACCEPTED AS CASH IN LEIU OF LAND IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT AND PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING.
6. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
THAT 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 A ONE-YEAR PERIOD.
THAT 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 WITH SHERBURNE COUNTY.
10. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE
CITY ENGINEER.
11.
THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF
PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED
WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING,
COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE
DRIPLINE.
12. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM
OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL.
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13. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION
ACT AND THAT:
· A TECHNICAL PANEL REVIEW OF 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 OBTAINS 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.
14. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK
AS PART OF THE PLAT IMPROVEMENTS AND CONSTRUCTED TO CITY
STANDARDS.
15. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY
ORDINANCE.
16. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE
UTILITIES TO GRADE IN THE POWER LINE EASEMENTS.
17. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT
THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT.
18. THE FOLLOWING CONDITIONS OF THE PARKAND RECREATION
COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL:
1. THAT LOT 1, BLOCK 5, BE INCORPORATED INTO THE PARK.
2. THAT A PAVED TRAIL BE CONSTRUCTED IN THE POWER LINE
CORRIDOR AS FAR AS 196TM LANE THAT HAS A MAXIMUM GRADE OF 8%
AND SIDE SLOPES NO GREATER THAN 3:1.
3. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT
THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST.
4. THAT NO WETLANDS OR STORM PONDS BE ACCEPTED AS PART OF
THE PARK DEDICATION.
5. THAT IMPROVEMENTS TO LAND DEDICATED FOR PARK, TRAIL AND
PUBLIC OPEN SPACE PURPOSES INCLUDE, BUT NOT LIMITED TO,
FINISH GRADING, GROUND COVER, CONSTRUCTION OF TRAILS AND
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CLEARLY IDENTIFYING PARK AND TRAIL BOUNDARIES WITH CITY
APPROVED MARKERS.
6. THAT IN ADDITION TO THE LAND DEDICATED FOR PARK, THE
DEVELOPER PAY IN CASH THE REMAINDER OF THE REQUIRED PARK
DEDICATION.
7. PARK BOUNDARY MARKERS BE INSTALLED, CLEARLY STATING PARK
DEVELOPMENT INFORMATION.
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