HomeMy WebLinkAboutRESOLUTION NO. 2013-34RESOLUTION NO. 2013-34
RESOLUTION TO APPROVE THE SITE PLAN OF IMPROVEMENTS AND
COMMERCIAL BUILDING PERMIT APPLICATION FOR
SOBASKI'S ADDITION TO THE
CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Site Plan of Improvements for Lot 1 of Sobaski's Addition to the City of Fairfax,
Linn County, Iowa, has been submitted to the City of Fairfax from Thomas and Patricia Arp in association
with Eastern Iowa Buildings, Inc. (EIB) and Brain Engineering, Inc.; and
WHEREAS, the City of Fairfax building department has reviewed the commercial building permit
application from EIB and is recommending approval; and
WHEREAS, the developer, (EIB), has previously requested, and has been granted by the City of
Fairfax, a grading permit to grade this site "at their own risk". This recommendation shall not alter or
change any of the conditions and requirements of the grading permit previously granted by the City of
Fairfax for this site; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Site Plan of Improvements for Lot 1 of
Sobaski's Addition to the City of Fairfax, Linn County, Iowa, dated 6/14/2013, and has recommended
approval of this Site Plan of Improvements and issuance of a commercial building permit for Lot 1 with the
following conditions:
1. Any site improvements to Lot 1 of Sobaski's Addition shall be completed entirely at the risk to the
developer (EIB) and at no risk to the City of Fairfax or their representatives. The developer (EIB)
understands and is willing to accept any additional improvements/changes that may be necessary to
address the requirements for the proposed improvements to the adjacent stream embankment and
the proposed retention pond.
2. The developer (EIB) shall not begin improvements to the adjacent stream embankment, the
proposed retention pond dam, the proposed retention pond, or the proposed retention pond well until
all of the applicable permits have been obtained to construct these particular improvements. The
Developer (EIB) shall submit to the City of Fairfax a copy of the permit applications, supporting
documentation, and the permits required by the Iowa DNR for these improvements. If changes to
the site plan (dated June 14, 2013) are required by the issuance of these permits, the developer
(EIB) shall have the necessary revisions made to the site plan and resubmit the revised site plan to
the City of Fairfax for final review and approval.
3. The developer (EIB) shall be responsible for all cost related to removing and reinstalling any and all
site improvements that may be disturbed with the installation of the City sanitary sewer and water
main to this site.
4. PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT ON LOT 1, a signed copy of the
Rezoning Site Plan Acceptance of Conditions, a signed copy of the Preliminary Plat Acceptance of
Conditions, and a signed copy of the Site Plan of Improvements Acceptance of Conditions shall be
submitted to the City of Fairfax.
5. PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOT 1, storm water
management and storm water quality facilities shall be constructed per the approved site plan of
improvements. To verify that these facilities are have been constructed per the approved site plan,
the developer (EIB) shall have an engineer licensed in the State of Iowa certify that this pond has
been constructed per the approved plans.
6. PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOT 1, The
developer (EIB) and the City of Fairfax shall have an agreement in place regarding the installation of
screening/buffering between the proposed Outlot A, proposed Lot 2, and the proposed City trail.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Site Plan of Improvement for Lot 1 of Sobaski's Addition to the City of Fairfax, Linn County, Iowa, and
the commercial building permit from EIB are hereby acknowledged and approved on the part of the City of
Fairfax, Linn County, Iowa with the following conditions:
1. Any site improvements to Lot 1 of Sobaski's Addition shall be completed entirely at the risk to the
developer (EIB) and at no risk to the City of Fairfax or their representatives. The developer (EIB)
understands and is willing to accept any additional improvements/changes that may be necessary to
address the requirements for the proposed improvements to the adjacent stream embankment and
the proposed retention pond.
2. The developer (EIB) shall not begin improvements to the adjacent stream embankment, the
proposed retention pond dam, the proposed retention pond, or the proposed retention pond well until
all of the applicable permits have been obtained to construct these particular improvements. The
Developer (EIB) shall submit to the City of Fairfax a copy of the permit applications, supporting
documentation, and the permits required by the Iowa DNR for these improvements. If changes to
the site plan (dated June 14, 2013) are required by the issuance of these permits, the developer
(EIB) shall have the necessary revisions made to the site plan and resubmit the revised site plan to
the City of Fairfax for final review and approval.
3. The developer (EIB) shall be responsible for all cost related to removing and reinstalling any and all
site improvements that may be disturbed with the installation of the City sanitary sewer and water
main to this site.
4. PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT ON LOT 1, a signed copy of the
Rezoning Site Plan Acceptance of Conditions, a signed copy of the Preliminary Plat Acceptance of
Conditions, and a signed copy of the Site Plan of Improvements Acceptance of Conditions shall be
submitted to the City of Fairfax.
5. PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOT 1, storm water
management and storm water quality facilities shall be constructed per the approved site plan of
improvements. To verify that these facilities are have been constructed per the approved site plan,
the developer (EIB) shall have an engineer licensed in the State of Iowa certify that this pond has
been constructed per the approved plans.
6. PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOT 1, The
developer (EIB) and the City of Fairfax shall have an agreement in place regarding the installation of
screening/buffering between the proposed Outlot A, proposed Lot 2, and the proposed City trail.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that Thomas J. Arp and
Patricia A. Arp shall sign the Site Plan of Improvements Acceptance of Conditions document as drafted by
Hall and Hall Engineers.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 25th day of June, 2013.
AYES: Beer, Frieden, Otto, and Wainwright
NAYS: None
ABSENT: Magers
Jaso Plabe, Mayor
ATTEST:
Cynthia)i Stimson, City Clerk/Treasurer