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City Council Minutes February 20,2007 Page 10 8. DEVELOPER'S FAILURE TO FULLY BUILD OUT THE LOT 6 BUILDING WOULD RESULT IN THE REQUESTED ACTION FOR A CONDITIONAL USE PERMIT FOR A ZERO LOT LINE NOT TO MEET THE ORDINANCE DEFINITION OF A ZERO LOT LINE - WHICH REQUIRES THE BUILDING TO SHARE A COMMON WALL WITH ONE OR MORE OTHER BUILDINGS. 9. DEVELOPER'S FAILURE TO FULLY BUILD OUT THE LOT 6 BUJLDING WOULD SIGNIFICANTLY CHANGE THE OVERALL PLANNED UNIT DEVELOPMENT BY FAILING TO BUILD THE ANCHOR BUILDING. THIS WILL RESULT IN MAKING IT SIGNIFICANTLY MORE DIFFICULT TO FIND OTHER BUSINESSES (INCLUDING CLASS 1 RESTAURANTS) TO LOCATE ON OTHER VACANT LOTS IN THE DEVELOPMENT. THEREFORE, IF THE BUILDING WOULD NOT BE FULLY BUILT OUT, THE ZERO LOT LINE WOULD IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING VACANT PROPERTY. 10. FAILING TO FULLY BUILD THE ANCHOR BUILDING WOULD RESULT IN THE DEVELOPER SIGNIFICANTLY DEVIATING FROM THE PUD AGREEMENT AND DEVELOPERS AGREEMENT BY MAKING IT SIGNIFICANTLY MORE DIFFICULT TO FIND OTHER BUSINESSES (INCLUDING CLASS 1 RESTAURANTS) TO LOCATE ON OTHER VACANT LOTS IN THE DEVELOPMENT. THIS WOULD VIOLATE THE INTENT AND PURPOSE OF THE PUD AS WELL AS THE CITY'S COMPREHENSIVE PLAN. . MOTION CARRIED 3-2. Mayor Klinzing and Counci1member Farber opposed. . B. Resolution 07-25 Approving Final Plat of Elk Ridge Center 4th Addition. Case No. P 06-17 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-25 GRANTING FINAL PLAT APPOROVAL FOR ELK RIDGE CENTER 4TH ADDITION, CASE NO. P 06-17 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED DATED DECEMBER 7,2006. 2. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. 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. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT RELEASE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE .