07-062 RES
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RESOLUTION NO. 07 - 62
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Ar-Mon Commercial Park 2nd Addition
Case No. P 07-05
WHEREAS, application has been made for flnal plat approval, pursuant to Section
1008.08 (l)(c) of the Elk River City Code of Ordinances, of the property legally described as
Lot 1, Block 1, Ar-Mon Commercial Park Addition (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
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WHEREAS, a preliminary plat of the Property was approved by the City Council on
June 18,2007; and
WHEREAS, the proposed flnal plat is consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed flnal 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. It 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 ftnal approval of the plat.
4. The owner of the Property is authorized to record the ftnal plat as required by law
and shall fue proof of said recording with the City. No building permits will be
issued for the Property until the ftnal plat is recorded.
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This ftnal plat approval shall expire one year from the date of this resolution if the
ftnal plat is not recorded within that time.
The foregoing resolution was introduced by Council Member Zerwas and duly
seconded by Council Member Gumphrey. The following voted in favor of the
Resolution:
Mayor Klinzing, Councilmembers Zerwas, Gumphrey, Farber, and Morin
The following voted against the Resolution: None
The following were absent: Nne
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of June, 2007.
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Tina Allard, City Clerk
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EXHIBIT A
Legal Description:
Lot 1, Block 1, AR-MON COMMERCIAL PARI<, Sherburne County, Minnesota.
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EXHIBIT B
Conditions:
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1. All comments of the City Engineer's memo dated June 7, 2007 shall be addressed.
2. The development shall meet all applicable fIre codes. The Fire Chief shall verify the
location of all fIre hydrants, and may require additional hydrants necessary to
preserve the health and safety of the residents.
3. In addition to the easements shown on the preliminary plat, the following easements
shall be provided:
A. Trail easement of 10 feet along Jarvis Street
B. Cross access and parking easements between all four lots
C. Drainage and utility easements over the ponds
D. Cross access easements for shared septic and well
4. The applicant shall execute a Planned Unit Development Agreement outlining the
terms and conditions of approval for the Final Plat, uses, setbacks etc.
5. An association shall be developed to maintain the common elements of the
development, once the lots are sold.
6. All required subdivision information shall be provided in an electronic format (.dwg
fue) as required by the City Ordinance and Land Use Application prior to recording
of the plat.
7. This approval of the Plat shall expire after 1 year, unless the property owner or
owner's agent has submitted a Final Plat or letter of request for extension.
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CERTIFICATE
13065 Orono Parkway
Elk River, MN 55330
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 June 18,2007.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
18'"dayof]une,2007. '~ {W
Tina Allard, City Clerk ~.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us