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. . . City Council Nlinutes February 20, 2007 Page 9 ADJACENT STREET. 14. THE CONDITIONAL USE PERMIT SHALL BE CONDITIONED ON APPROVAL OF THE FINAL PLAT OF ELK RIDGE CENTER 4TH ADDITION. 15. THERE SHALL BE FULL BUILD OUT OF THE STRUCTURE, AS INDICATED ON THE ELK RIDGE CENTER DEVELOPMENT PLAN (APPROXIMATELY 47,562 SQUARE FEET), WITHIN FIVE YEARS OF APPROVAL OF THIS CONDITIONAL USE PERMIT. 16. THE CONDITIONAL USE PERMIT APPROVAL IS NOT AN AMENDMENT TO THE APPROVED DEVELOPERS AGREEMENT OR THE PLANNED UNIT DEVELOPMENT AGREEMENT. AND BASED ON THE FOLLOWING FINDINGS: 1. THE CURRENT FINAL PLAT SHOWS THE SUBJECT PROPERTY AS BEING PART OF OUTLOT A, ELK RIDGE CENTER SECOND ADDITION. 2. THE DEVELOPMENT PLAN (AS AMENDED NOVEMBER 21, 2005) AND THE PLANNED UNIT DEVELOPMENT AGREEMENT (AS AMENDED MARCH 7, 2006) CONTAIN A DEVELOPMENT WITH SIX (6) BUILDINGS WITH 93,858 SQ. FT. OF BUILDING SPACE. INCLUDED IN THE DEVELOPMENT ARE TO BE NOT FEWER THAN TWO (2) CLASS 1 RESTAURANTS. 3. LOT 6 OF THE DEVELOPMENT IS TO INCLUDE A 47,562 SQ. FT. BUILDING. OTHER BUILDING LOTS WITHIN THE DEVELOPMENT ARE TO BE IN SIZES RANGING FROM 4,500 SQ. FT. TO 18,600 SQ. FT. (WITH THE AVERAGE SIZE BEING APPROXIMATELY 9,300 SQ. FT.). 4. THE SIZE OF THE BUILDING PREVIOUSLY AGREED TO FOR LOT 6 IS LARGER THAN ALL OF THE OTHER BUILDINGS PUT TOGETHER. BEING OF SUCH LARGE SCALE, THE SUBJECT PROPERTY IS CLEARLY THE ANCHOR BUILDING OF THE DEVELOPMENT. 5. WHILE THE SITE PLAN FOR THE SUBJECT PROPERTY INDICATED THAT THE ANCHOR BUILDING MIGHT BE COMPRISED OF THREE RETAIL SECTIONS, THE SUBJECT PROPERTY WAS SHOWN TO HAVE ONLY ONE BUILDING. ON THE SITE PLAN, THE ENTIRE BUILDING WAS DESCRIBED AS LOT 6, BLOCK 2. WHILE ZERO LOT LINE DEVELOPMENT IS A CONDITIONAL USE IN THE DEVELOPMENT, THERE IS NO LANGUAGE IN ANY OF THE PLANNED UNIT DEVELOPMENT AGREEMENT, THE DEVELOPERS AGREEMENT OR THE EXISTING PLATS WHICH DISCUSSES THE CONSTRUCTION OF ONLY A PORTION OF A BUILDING ON THE SUBJECT PROPERTY. 6. ELK RIVER ORDINANCE SECTION 30-1 DEFINES "ZERO LOT LINE" AS "THE LOCATION OF A BUILDING ON A LOT OF RECORD IN SUCH A MANNER THAT ONE OR MORE OF THE BUILDING'S SIDES RESTS DIRECTLY ON A LOT LINE OF A LOT OF RECORD AND WHICH SHARES A COMMON WALL WITH ONE OR MORE BUILDINGS WITHIN THE ZONING LOT." 7. THE DEVELOPER HAS AGREED TO BUILD THE REMAINDER OF THE LOT 6 BU.ILDING WITHIN A PERIOD OF 5 YEARS. SUCH PERIOD IS DEEMED BY THE CITY COUNCIL TO BE A REASONABLE PERIOD OF TIME TO COMPLETE THE BUILDING.