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00-056 RES RESOLUTION NO. 00 -56 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk River Crossinq 2nd Addition Case No. P 00-8 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 July 17, 2000; 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. 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 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 Mot:i.n Thompson resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Mayor Klinzing, Council members Motin and Thompson Thefollowingvoted againstthe Resolution: None The following were absent: Council members Deitz and Farber S:\DOCUMENT~RESOLUTI\P00-8.DOC Page 2 WHEREUPON the resolution is adopted. Passed and adopted this / '~ ~-"~y of ~z,~ ,2000. L/ ' ~n~ 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 co, laly of,the resolution as adopted by the City Council of the City of Elk River on~/C~/ ./? ,2000. WITNESS my har~ offi~ally as such Clerk and the corporate seal of the City this ,/')~ay of(_./J..~ ,2000. ~ar~dra Peine, Cit~Clerk ' STATE OF MINNESOTA SS. COUNTY OF SHERBURNE (foregoing instrument was acknowledged before me this 1'7 , 2000, by Stephanie Klinzing, Mayor, City of Elk Minnesota. __ day of River, Notary Public S:\DOCU MENT~RESOLUTI\P00-8.DOC Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this 1'7 day of ~ ~ ,2000, 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 S:\DOCUMENT~RESOLUTI\P00-8.DOC Page 4 EXHIBIT A Legal Description: Lot1 and Lot 2, Block 1, Elk River Crossing 2nd Addition, Sherburne County, Minnesota. S:\DOCU MENT~RESOLUTI\P00-8.DOC Page 5 EXHIBIT B 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE APPLICANT WILL HAVE TO PROVIDE WRII'[EN PERMISSION FROM UPA FOR ANY ENCROACHMENTS INTO THEIR EASEMENT BEFORE THE CITY WILL SIGN OFF ON THE SITE PLAN. 3. THE SITE PLAN BE REVISED AS SHOWN ON EXHIBIT A 4. HEIGHT OF FLAG POLE SHALL NOT EXCEED 40 FEET. 5. THE LANDSCAPE PLAN BE REVISED TO INCORPORATE LANDSCAPING ON THE NEW GREEN SPACE SHOWN ON EXHIBIT A AND INCLUDE ORNAMENTAL TREES ALONG THE EAST SIDE OF THE QUICK LUBE. 6. STOP SIGNS BE LOCATED AT THE EXIT OF THE CAR WASH AND AT THE DRIVE WAY ALONG THE EAST SIDE OF THE CAR WASH. 7. THE ANGLE OF THE PUMP ISLANDS SHOULD BE ADJUSTED TO FACILITATE SMOOTH TRAFFIC FLOW THROUGH THE SITE. 8. THE FASCIA OF THE CANOPY SHALL NOT BE ILLUMINATED. CANOPY LIGHTING SHALL CONSIST OF CANISTER SPOT LIGHTS RECESSED INTO THE CANOPY. NO PORTION OF THE LIGHT SOURCE OR FIXTURE MAY EXTEND BELOW THE Bo'ri'OM FACE OF THE CANOPY. 9. THE ARCHITECTURAL DESIGN, COLORS AND CHARACTER OF THE CANOPY SHALL BE CONSISTENT WITH THE PRINCIPLE BUILDING ON SITE. 10. NO ACCESS SHALL BE ALLOWED FROM HIGHWAY 169 OR 181sT AVENUE. 11. DETAILS OF THE LIGHTING POLES AND A LIGHTING PLAN SHALL BE PROVIDED. 12. APPLICANT SHALL GET WRITTEN PERMISSION FROM UPA REGARDING THE PROPOSED LANDSCAPING WITHIN THEIR EASEMENT. 13. THE EXTERIOR MATERIAL FOR THE QUICK LUBE SHALL BE SPLIT FACED ROCK TO MATCH THE CONVENIENCE STORE/CAR WASH. THE COLOR SHOULD MATCH THE COLORS USED IN THE CONVENIENCE STORE/CAR WASH. 14. ALL SIGNS SHALL COMPLY WITH THE PUD AGREEMENT FOR ELK RIVER CROSSING. 15. THE BLOCK USED FOR THE EXTERIOR OF BOTH THE CONVENIENCE STORE/CAR WASH AND THE QUICK LUBE BE INTEGRALLY COLORED. 16. THE DUMPSTER ENCLOSURE BE CONSTRUCTED OF SPLIT FACED BLOCK OR BRICK TO MATCH THE CONVENIENT STORE AND LOCATED NEAR THE CENTER OF THE SITE. S:\DOCU MEN%RESOLUTI\P00-8. DOC Page 6