RES 05-098
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RESOLUTION NO. 05- 98
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Path Business Center Third Addition
Case No. P 05-14
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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
September 6, 2005; 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:
1. I t is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Zoning Ordinance and
conforms with all of its requirements.
B. 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.
C. 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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D. 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.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. 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.
4. 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.
5.
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 Dietz and
duly seconded by Council Member Motin . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Motin, Dietz, and Gumphrey
The following voted against the Resolution:
None
The following were absent:
Councilmember Farber
WHEREUPON the resolution is adopted.
Passed and adopted this 6th day of September, 2005.
ATTEST:
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EXHIBIT A
Legal Description:
Outlot A, ELK PATH BUSINESS CENTER SECOND ADDITION, Sherburne County,
Minnesota.
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
2. ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED.
3. THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES FOR
24.73 ACRES.
4. THE APPLICANT SHALL PAY FOR PARK DEDICATION IN CASH FOR 24.73
ACRES AND PROVIDE A 15 FOOT TRAIL EASEMENT ADJACENT TO COUNTY
ROAD 30 RIGHT-OF-WAY.
5. THE APPLICANT SHALL ENTER INTO A DEVELOPER AGREEMENT WITH
THE CITY TO ENSURE INSTALLATION OF THE PUBLIC IMPROVEMENTS.
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