RES 07-107
RESOLUTION N0.07 - 1 ~ 7
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Sonic Restaurant Elk River
Case No. P 07-12
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 in
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
December 17, 2007; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as
U
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. 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.
•
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. Fuial plat approval is hereby granted for the Property, subject to the conditions set
forth iii 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 Farber and
duly seconded by Council Member Mo t in The following voted in favor of
the Resolution:
Mayor Klinzing, Councilmembers Zerwas, Gumphrey, Motin, and
Farber
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 17th day of December, 2007.
~ .~, .
Steph nie A. Klinzing, May
ATTEST
Tina Allard, City Clerk
•
EXHIBIT A
LEGAL DESCRIPTION
•
The land referred to is situated in the State of Minnesota, County of Sherburne, and is
described as follows:
The South 276.15 feet of the West 150.68 feet, as measured along the West and South lines
respectively, of the Northeast Quarter of the Southeast Quarter; together with the South
276.15 feet pf the East 10.00 feet, as measured along the East and South lines respectively,
of the Northwest Quarter of said Southeast Quarter; all being within parts of Section 34,
Township 33, Range 26, Sherburne County, Minnesota.
•
EXHIBIT B
• Conditions:
1. All comments of the City Engineer's memo dated December 4, 2007 shall be
addressed.
2. A limited access symbol shall be provided along Main Street with the
exception of the existing driveway and Carson Street.
3. A 12 foot easement for sidewalk/trail purposes shall be dedicated along Main
Street.
4. A letter of credit in the amount of 100%, of the cost of the site improvements,
not to exceed $50,000 shall be submitted prior to the releasing of the Final
Plat for recording.
•
~~